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Agenda Packet City Council - 10/17/2017
Cit of Cor us Christi 1201 Leopard Street o� `uCorpus Christi,TX 78401 f r , cctexas.com ' ' Meeting Agenda - Final-revised ap'141YgV'xi;V City Council Tuesday,October 17,2017 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 Bruce Wilson, Church of Reconciliation. C. Pledge of Allegiance to the Flag of the United States to be led by William Broyles, Captain, Police/Program Manager Animal Care Services. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-1313 Proclamation declaring October 20-22, "57th Annual Texas Jazz Festival" Days. Proclamation declaring October 25, 2017, "HELP Hits the High Notes Day". Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: City of Corpus Christi Page 1 Printed on 10/16/2017 City Council Meeting Agenda-Final-revised October 17,2017 a. STATUS OF DROUGHT CONTINGENCY PLAN AND WATER RELEASES b. STORM DEBRIS REMOVAL UPDATE C. OTHER G. MINUTES: 2. 17-1317 Regular Meeting of October 10, 2017. Attachments: Minutes-October-10,2017 H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-1314 Committee for Persons with Disabilities Regional Health Awareness Board Attachments: Committee for Persons with Disabilities Regional Health Awareness Board.pdf 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 10/16/2017 City Council Meeting Agenda-Final-revised October 17,2017 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 15) 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. 17-1198 Purchase of Tactical Gear for the Special Weapons and Tactics (S.W.A.T.) Team within the Police Department Motion approving the purchase of various types of tactical gear for the S.W.A.T. team from GT Distributors, Inc., from Austin, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $181,871.66. Funds are budgeted in FY2017-18 Fund 1062 Fire Grant. Attachments: Agenda Memo-Tactical Gear for SWAT Price Sheet-Tactical Gear for SWAT 5. 17-1205 Service Agreement for School Crossing Guard Services within the Police Department Motion authorizing City Manager, or designee, to execute a service agreement with All City Management Services, Inc., Santa Fe Springs, California for school crossing guard services, in accordance with Request for Bid No. 1148, based on the lowest responsive, responsible bid for a total amount not to exceed $360,864, of which $333,105 is funded in FY2017-18 Red Light Photo Fund. The term of this contract will be for 13 months. City of Corpus Christi Page 3 Printed on 10/16/2017 City Council Meeting Agenda'Final-revised October 17.2O17 Attachments: Agenda Mem -School Crossi Bid Tab-School Cr Form 1295-School Crossing Qua ds 6. 17-11p99 Purchase ofa HazM8atElite Handheld Detection System for the Fire Department Motion approving the purchase ofaHazyWatElite Handheld Detection System from FarrWest Environmental Supply, Inc., from Schertz, Texas, based onacooperative purchasing agreement with Local Government Purchasing Cooperative, dbaBuyBoandfor the total amount not toexceed $58.850.00. Funds are budgeted inF`y17-18Fund 1003Fire Grant. Attachments: Price Sheet- Hazmat Detection 7' 1[7-1i291i Resolution authorizing Oso Golf Course Claim Settlement Resolution authorizing payment bzForesight Corpus Christi Golf LLC for claim settlement of$74,653.67 in replacement expenses for the Oso Golf Course cart barn damaged byfire onSeptember 3O. 3O1O. Attachments: Agenda-Memo-Oso Golf Course Claim Settlement Resolution -Oso Golf Course Claim Settlement Invoice#574904 Invoice#574905 Invoice#574907 Oso Golf Course Cart Barn Pictures- 10-10-2017 8. 1[7-1i224 Engineering Design Contract for Corpus Christi Museum ofScience and History F|oodvna|| from Type A Funds Motion authorizing the City Manager, ordesignee, toexecute a professional services contract with HDR Engineering. Inc. of Corpus Christi, Texas inthe amount of$31O.871for the Corpus Christi Museum of Science and History F|oodvva|| project for survey, deaign, perrnitting, bid and construction phase services. Attachments: Presentation- Museum Flood Wall Contract -HDR-Flood Wall Signed.pdf Form 1295-HDR.pdf 9' 1[7-1i252 Disbursement ofCouncil Member Paulette M8. KSu 'ando'o City v,Corpus ooueo Page pm,teovn/uxmzmr City Council Meeting Agenda-Final-revised October 17,2017 FY2017/2018 Salary Motion authorizing the City Manager or designee to execute an agreement with 911 Park Place d.b.a. Mission 911, a Texas non-profit corporation, of Corpus Christi Texas, in the amount of$6,459.00, to be funded by Council Member Paulette M. Guajardo's FY2017/2018 budgeted city council salary and associated payroll taxes, which are not to be received by Council Member Guajardo, in support of programs provided by 911 Park Place d.b.a. Mission 911 in the City of Corpus Christi, Texas. Attachments: Agenda Memo-Guajardo°s Salary.pdf Agreement-Guajardo°s Salary.pdf 10. 17-1241 Second Reading Ordinance - Rezoning property located at 7601 Yorktown Boulevard (1st Reading 10/10/17) Case No. 0617-04 Gulfway Shopping Center: A change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District. The property is described as being 27.20 acres out of Lot 5, Section 24 and Lots 21 and 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard, east of Rodd Field Road, and west of Starry Road. Planninq Commission and Staff Recommendation (August 23, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Gulfway Shopping Center("Owner"), by changing the UDC Zoning Map in reference to 27.20 acres out of Lot 5, Section 24 and Lots 21 and 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0617-04 GUlfway Shopping Center Ordinance 0617-04 Gulfway Shopping Center Presentation 0617-04 Gulfway Shopping Center Zoning Report 0617-04 Gulfway Shopping Center 11. 17-1253 Second Reading Ordinance - Rezoning property located at 4502 Kasper Street (1st Reading 10/10/17) Case No. 0317-03 Bruce Callaway: A change from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. The property is described as a 2.95 acre tract of land being the Easterly 205 City of Corpus Christi Page 5 Printed on 10/16/2017 City Council Meeting Agenda-Final-revised October 17,2017 feet of Lot Two (2), W. C. Lowery Park, a Subdivision of Corpus Christi, Nueces County, Texas, located along the south side of Gollihar Road east of the intersection with Kasper Street, east of Carroll Lane, and west of Weber Road. Planninq Commission and Staff Recommendation (May 3, 2017): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Bruce Callaway ("Owner"), by changing the UDC Zoning Map in reference to a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0317-03 Bruce Callaway Ordinance 0317-03 Special Permit Bruce Callaway with Exhibits Ordinance 0317-03 Bruce Callaway with Exhibit Presentation 0317-03 Bruce Callaway Zoning Report 0317-03 Bruce Callaway with Exhibit 12. 17-1254 Second Reading Ordinance - Rezoning property located at 5801 Patton Street(1st Reading 10/10/17) Case No. 0817-01 Plains Capital Bank: A change of zoning from "IL" Light Industrial District to the "CG-1" General Commercial District. The property is described as Wooldridge Creek Center, Block 4, Lot 1 D, located on the west side of Patton Street, south of Holly Road, and north of Wooldridge Road. Planninq Commission and Staff Recommendation (August 23, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-1" General Commercial District Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Plains Capital Bank ("Owner"), by changing the UDC Zoning Map in reference to Wooldridge Creek Center, Block 4, Lot 1 D, from the "IL" Light Industrial District to the "CG-1" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. City of Corpus Christi Page 6 Printed on 10/16/2017 City Council Meeting Agenda'Final-revised October 17.2O17 Attachments: Agenda Mem 0817-01 Plains Capital Ban Ordinance 0817-01 Plains Capi al Bank with Exhibit Presentation 0817-01 Plains Ca Zoning Report 08 7-01 Plains Capital Bank wit Exhibit 13. 1[7-1C23K8 Second Reading Ondinanom -Aoompting and appropriating grant funds for the Victims of Crime Act MfOCA\ grant within the Police Department(1otReading 1O/1O/17) Ordinance authorizing the City Manager ordesignee bzexecute all documents necessary toaccept agrant from the State ofTexas, Criminal Justice Division inthe amount of$381.8OO.18tocontinue the Victims of Crime Act (V[}CA) Grant within the Police Department for Year 18and 18 with a City match of$60,865.04 and an in-kind match of$9,600 from the No. 1030 Police General Fund; appropriating the $381.8OO.18inthe No. 1OO1Police Grants Fund tocontinue the V[}CAgrant inthe Police Department; and authorizing the transfer of$60,865.04 from the No. 1020 General Fund tothe No. 1061 Police Grants Fund and appropriating the same for atotal project cost of $353.335.33. Attachments: AWARD letter 2017 14. 1[7-1C24g8 Second Reading Ondinanom -Appnmna| ofthmammmndmmmnttothm previously approved agreement and appropriating Water Distribution Main Trust funds for Vantage at Corpus Christi, LLC (1otReading 1O/1O/17) Ordinance authorizing the City Manager ordesignee bzexecute an amendment to the previously approved Distribution Main Extension Construction and Reimbursement Agreement ("agreement")with Vantage atCorpus Christi, LLC.. (''deve|oper'); and appropriating $34.551.83from the No. 4O3ODistribution Main Trust Fund bzreimburse the developer in accordance with the amendment bzthe agreement. Attachments: Agenda Memo-Vantage Reyl Ordinance with Attachments Van Presentation-Vantqge_at_Up__River Road 15' 1[7-1C249 Second Reading Ondinanom -Appnmna| ofthmammmndmmmnttothm agreement and appropriating additional Water Distribution Main Trust funds for Peterson Properties, Ltd (1otReading 1O/1O/17) Ordinance authorizing the City Manager ordesignee bzexecute an amendment tothe Distribution Main Extension Construction and Reimbursement Agreement ("Agreement")with Peterson Properties, Ltd., City v,Corpus ooueo Page pm,teovn/uxmzmr City Council Meeting Agenda-Final-revised October 17,2017 ("Developer"), for the additional construction cost of a distribution main line; and appropriating $64,035.73 from the No.4030 Distribution Main Trust fund to reimburse the developer in accordance with the amendment to the original agreement. Attachments: Agenda Memo-WP Ordinance with attachments Rev 1 Presentation Westpoint Crossing L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEM 16) 16. 17-1266 Public Hearing and First Reading Ordinance -Rezoning property located at 101 Caribbean Drive Case No. 0717-03 B.L. Marina Properties, LP: A change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. The property is described as being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff& Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. Planninq Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by B.L. Marina Properties, LP ("Owner"), by changing the UDC Zoning Map in reference to the property being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff& Encinal Farm & Garden Tracts, from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0717-03 B.L. Marina Properties Ordinance 0717-03 B.L. Marina Properties with Exhibits Presentation 0717-03 B.L. Marina Properties, P. Zoning Report 0717-03 B.L. Marina Properties with Exhibits N. REGULAR AGENDA: (ITEM 17) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 17. 17-1204 Lease-Purchase of Three Loaders and Two Motor Graders for City of Corpus Christi Page 8 Printed on 10/16/2017 City Council Meeting Agenda-Final-revised October 17,2017 Beach Operations Motion authorizing City Manager, or designee, to authorize all documents necessary for the lease-purchase of three loaders and two motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed is $1,201,629.50. Attachments: Agenda Memo Price Sheet- Lease of Three Loaders and Two Motor Graders O. FIRST READING ORDINANCES: (ITEMS 18 - 19) 18. 17-1260 First Reading Ordinance -Ordinance authorizing the City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US, Inc. located at 299 Gilliam Street Ordinance authorizing City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US Inc. ("Permittee") to install a private wastewater collection system and conveyance system force main. Subject to the Permittee' compliance with specified conditions. Attachments: Agenda Memo-Flowserve Corp Ordinance-Flowserve Corp with attachments Presentation-Flowserve Corp Legistar 1295 19. 17-1290 First Reading Ordinance -Approval of agreement and appropriating funds for MPM Development, LP, for the construction of a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement Ordinance authorizing City Manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, LP. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $109,354.20 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda-Me moRoyal Creek ORD vFinal with Exhibits Presentation- Royal Creek Unit 7 Legistar Form 1295 City of Corpus Christi Paye 9 Printed on 10/16/2017 City Council Meeting Agenda-Final-revised October 17,2017 P. FUTURE AGENDA ITEMS: (ITEMS 20 -22) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 20. 17-1289 Resolution authorizing the City Manager or designee to execute a Developer Participation Agreement with MPM Development, LP., for Royal Creek Estates Unit 7, in the amount of $207,386.85, for the City's share of the cost to extend Oso Parkway. (south of Yorktown Boulevard &east of Cimarron Boulevard) Resolution authorizing city manager or designee to execute a developer participation agreement with MPM Development, LP., for Royal Creek Estates Unit 7, in the amount of $207,386.85 for the City's share of the cost to extend Oso Parkway. (South of Yorktown Boulevard & East of Cimarron Boulevard). Attachments: Agenda Memo Royal Creek Resolution Template With Exhibits Form 1295 Royal Creek Unit 7 Participation 21. 17-1257 Service Agreement for Bailiff and Security Guard Services for Municipal Court for a not to exceed amount of$209,352 with a potential multi-year amount of up to $628,056 Motion authorizing the City Manager or designee to execute a service agreement with Sec-Ops, Inc. of Corpus Christi, Texas for bailiffs and security guard services for Municipal Courts in accordance with Request for Proposal (RFP) No. 1151, based on best value for a total amount not to exceed $209,352, which $191,906 is budgeted in FY2017-18. The term of this agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $628,056. Attachments: Agenda Memo- Bailiffs and Security Guard Services Evaluation Matrix- Bailiffs and Security Guard Services Service Agreement- Bailiffs and Security Guard Services Form 1295-Bailiffs and Security Guard Services 22. 17-1308 Approval of the 2017 Tax Levy Motion approving the 2017 Property Tax Levy of$119,297,025.33 based on the adopted property tax rate of$0.606264 per$100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. Attachments: Agenda Memo for Approval of 2017 Tax Levy Tax Levy for the Tax Year 2017 City of Corpus Christi Page 10 Printed on 10/16/2017 City Council Meeting Agenda'Final-revised October 17.2O17 Q. BRIEFINGS: (ITEMS 23 -24) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but noother action will botaken and nopublic comment will bosolicited. 23' 1[7-1i319Affordable Housing and Housing Tax Credits Attachments: Agenda Mem - Presentation- Housing Tax redits TQHCA Housing Tax Credits 24' 1[7-1C8}6 Homeless Update Attachments: Agenda__Memo Exec SummaryForm-PRESENTATION ITEM S. EXECUTIVE SESSION: (ITEMS 25 -26) PUBLIC NOTICE is given that the City Council may elect to0ninto 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 bogointo 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/nopen session onany issue that may bo discussed/nexecutive session. The description ofanitem/n "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/ncompliance with Chapter 55/ the Texas Government Code. 25. 1[7-1C325 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 tothe City's professional service management agreement for the Corpus Christi yWuaeunl of Science and History and potential o|ainla related to repairs bzsaid museum. 26. 1[7-1i322! 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 towater supplies for industrial and other development, deaa|inadon, potential interlocal agreements with water districts and other governmental entities involving water orother ud|ib/ aervioea, ud|ib/ rate regu|adon, neuae, provisions of the Texas Ud|ib/ Code, TCE(] Regulations, EPA negu|adona, and other laws and negu|adona, potential agreements for the economic development agneernent(a) vvith business prospects that are considering the oonatruotion, expanaion, and/or ownership of industrial facilities that will be oonaunlena of water and/or wastewater aervioea, potential creation of entities that could provide or assist in the provision of the aforementioned aervioea, ino|uding, but not limited to local govennnlentoorporadon(a). and City v,Corpus ooueo Page 11 pm,teovn/uxmzmr City Council Meeting Agenda-Final-revised October 17,2017 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, potential contracts for the provision of water to said business prospect(s). T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. U. ADJOURNMENT City of Corpus Christi Page 12 Printed on 10/16/2017 w 1201 Leopard Street City of Corpus Christi Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,October 10,2017 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 11:36 a.m. B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi. Mayor McComb announced the passing of former city council member Betty Black. Deacon Michael Mantz gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Sylvia Wilson, Human Relations Administrator. Human Relations Administrator Sylvia Wilson 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 Officer were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley,and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 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 E. Proclamations /Commendations 1. Proclamation declaring October 8 - 14, 2017, "Court Observance Week". Proclamation declaring October 12, 2017, "Hispanic Women's Network of Texas - Corpus Christi Chapter'Carnaval de las Estrellas Gala' Day". Mayor McComb presented the proclamations. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. STREETS RELATED TO NEW HARBOR BRIDGE Executive Director of Public Works Valerie Gray provided an update on the streets impacted by the new Harbor Bridge Project. The Harbor Bridge Project is a design-build-maintain project, developed by Flatiron/Dragados LLC.,and will require schedule changes through construction of the project.Ms. Gray presented the following information: background on the immediate streets identified to be impacted: Comanche Street, Lipan Street,Timon Boulevard and Surfside Boulevard; the revised accelerated schedules; a map of the impacted streets;and projected timeline.Senior Engineering Sarah Munoz was available to respond to questions. b. OTHER 1) City Manager Rose reported that 78%of the commercial backflow devices have been inspected and tested by the eight companies contracted to perform the assessment.The Development Services Department anticipates all of the contracts to be completed at or below the initial budget expenditure of $300,000.2)The Corpus Christi Public Libraries Summer Reading Program was successful with approximately 12,000 children attending events and 119,000 books checked out. The Summer Reading Program is a wonderful opportunity for the youth in the community to increase literacy skills and prevent the loss of academic progress during the summer break.3)The Marina's occupancy is at 80%capacity,an increase from 63%last month,as a result of other area marinas located in Rockport,Aransas Pass,Ingleside and Port Aransas undergoing repairs from Hurricane Harvey. Many of the vessels in the Marina for safe harbor include families that live aboard their boats.4)The Human Resources Department's City Champions Program received the 2017 Municipal Excellence Award,in the management innovations category,at the Texas Municipal League Annual Conference. The honor acknowledges the City Champions Program which provides employee customer services training,staff recognition awards, continuing education resources,and skill development. City Manager Rose congratulated Learning and Development Manager Liza Wisner, Learning and Organizational Development Analyst Megan Ysassi,and Director of Human Resources Steven Viera. City of Corpus Christi Page 2 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 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.Jack Gordy,4118 Bray,spoke regarding blocked sidewalks and his previous requests for the City Council or staff to place this item on the agenda for discussion. Romero Meza,4530 Odem Drive,spoke regarding the street and sidewalk conditions on Odem Drive and the need for improvements to the neighborhood park. Kevin Burke,350 Haroldson, presented a check to the Mayor's Hurricane Harvey Relief Fund on behalf of the Buckeye Texas Partners -Corpus Christi. Mayor McComb requested that staff bring back an item related to the water management system,the combined reservoir levels of Lake Corpus Christi Christi and Choke Canyon,and water releases. Mayor McComb provided a brief update on Governor Greg Abbott's recent visit,including funding for area school districts impacted by Hurricane Harvey and collection of the hotel occupancy tax(HOT). G. MINUTES: 2. Regular Meeting of September 26, 2017 and Special Meetings of September 22, 25 and 28, 2017. Mayor McComb called for approval of the minutes.Council Member Vaughn made a motion to approve the minutes,seconded by Council Member Hunter and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: 3. Corpus Christi B Corporation Corpus Christi Convention and Visitors Bureau Ethics Commission Nueces County Tax Appraisal District Mayor McComb referred to board and committee appointments.The following appointments were made: Corpus Christi B Corporation City of Corpus Christi Page 3 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 Council Member Garza made a motion to appoint Type A Board members Bart Braselton,Gabriel Guerra,Scott Harris, Randy Maldonado and Lee Trujillo, seconded by Council Member Lindsey-Opel and passed unanimously. Council members discussed filling the remaining vacant positions with council members or members from the public. Mayor McComb directed staff to bring back an item for discussion regarding the composition of the board. Mayor McComb made a motion to table the remaining appointments,seconded by Council Member Molina and passed unanimously. Corpus Christi Convention and Visitors Bureau Council Member Vaughn nominated Lynn Frasier(At-Large).Council Member Smith nominated Edwin (Trey)A.McCampbell III (At-Large). Lynn Frazier(At-Large)was appointed with Mayor McComb,Council Members Lindsey-Opel,Vaughn, Rubio,and Hunter voting for Lynn Frazier and Council Members Garza,Smith,Guajardo,and Molina voting for Edwin (Trey)A. McCambell III. Council Member Smith nominated Kendra L. Kinnison (Hotel Industry). Council Member Garza nominated Raju G. Bhagat. Kendra L. Kinnison (Hotel Industry)was appointed with Mayor McComb, Council Members Hunter, Molina, Rubio,Vaughn,Smith,and Lindsey-Opel voting for Kendra L. Kinnison and Council Members Guajardo and Garza voting for Raju G. Bhagat. Ethics Commission Council Member Vaughn made a motion to reappoint Drue Jones,seconded by Council Member Lindsey-Opel and passed unanimously. Council Member Molina made a motion to appoint Claude C.Axel and Keith Heavilin,seconded by Council Member Lindsey-Opel and passed unanimously. Nueces County Tax Appraisal District Council Member Lindsey-Opel made a motion to reappoint Robert Adler(Place 3)and Gerardo"Jerry"Garcia(Place 4),seconded by Council Member Garza and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 12) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.City Manager Margie C. Rose City of Corpus Christi Page 4 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 stated that Item 9 reflected an incorrect total amount not to exceed of$350,941. The correct amount for the two year period is$701,882.Item 12 is listed as a first reading and should state second reading.City Secretary Rebecca L. Huerta announced that Council Member Lindsey-Opel was abstaining on Items 5 and 8.Council members requested that Items 9 and 10 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Lindsey-Opel,seconded by Council Member Garza,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Small Business Agreement for Del Mar College Internship Program Resolution to approve a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $150,000 for their internship program to assist small businesses. This Resolution was passed on the consent agenda. Enactment No: 031259 6. Small Business Agreement for LiftFund, Inc. Resolution to approve the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. (LiftFund) to provide a grant up to $250,000 for their loan buy-down program to assist small business. This Resolution was passed on the consent agenda. Enactment No: 031261 7. Small Business Agreement for Service Corps of Retired Executives (SCORE) Chapter 221 Resolution to approve a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $52,600 for their small business assistance program. This Resolution was passed on the consent agenda. Enactment No: 031262 11. Resolution authorizing the submission of a grant application for City of Corpus Christi Page 5 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. This Resolution was passed on the consent agenda. Enactment No: 031265 12. Second Reading Ordinance -Closing of a utility easement located at 6024 Crosstown Expressway (1st Reading 9/26/17) Ordinance abandoning and vacating 0.303 acre of an existing utility easement out of a part of Bohemian Colony Lands, Block 7, Lot 2, located at 6024 Crosstown Expressway and requiring the owner, AEP Texas Central Company, to comply with the specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031266 5. Small Business Agreement for Texas A&M University -Corpus Christi Internship Program Resolution to approve a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi (TAMU-CC) to provide grant up to $150,000 for their internship program to assist small businesses. Mayor McComb referred to Item 5. Council Member Garza made a motion to approve the resolution,seconded by Council Member Rubio. 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: 031260 8. Small Business Agreement for Del Mar College Procurement Technical Assistance Center Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide a grant up to $48,490 for their City of Corpus Christi Page 6 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 Procurement Technical Assistance Center (PTAC) to assist small business. Mayor McComb referred to Item 8. Council Member Garza made a motion to approve the resolution,seconded by Council Member Rubio. 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: 031263 9. Supply Agreement for the Purchase of Liquid Ammonium Sulfate Solution for the O.N. Stevens Water Treatment Plant for a not to exceed amount of$350,941.00 with a potential multi-year amount of up to $2,105,646.00 Motion authorizing the City Manager, or designee, to execute a supply agreement with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey for the purchase of liquid ammonium sulfate solution in response to Request for Bid (RFB) No. 1261, based on the lowest responsive, responsible bid, for a total amount not to exceed $ 350,941.00, of which $175,470.50 will be funded by the Water Fund in FY2017-18. The term of the agreement is for two years with an option to extend for two additional two-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $2,105,646.00. Mayor McComb referred to Item 9,a supply agreement for the purchase of liquid ammonium sulfate solution. In response to a council member,City Manager Margie C. Rose reported that staff will provide a recommendation on how to address contracts that are potentially impacted by a renewal clause and will clarify the term"the City"when referring to authorization.There were no comments from the public. Council Member Lindsey-Opel made a motion to amend the motion by changing the total amount not to exceed from$350,941 to$701,882,seconded by Council Member Garza and passed unanimously. Council Member Garza made a motion to approve the motion as amended, seconded by Council Member Hunter.This Motion was passed and approved as amended 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: M2017-161 City of Corpus Christi Page 7 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 10. Resolution for a Supply Agreement for the Purchase of Chemkeys and Reagents for O.N. Stevens Water Treatment Plant for a total not to exceed amount of$825,780.23 for the three-year term Resolution finding that the purchase of chemkeys and reagents for O.N. Stevens Water Treatment Plant is a sole source procurement; and authorizing the City Manager, or designee, to execute a supply agreement with Hach Company of Loveland, Colorado, for the purchase of chemkeys and reagents for a total amount not to exceed $825,780.23 for a three-year term, with an annual step price increase. Mayor McComb referred to Item 10,the purchase of chemkeys and reagents for the O.N.Stevens Water Treatment Plant. Executive Director of Utilities Dan Grimsbo and council members discussed the following topics:whether chemkeys are currently being used;the cost comparison between chemkeys and the older optical method; an example of the chemkey;the chemkey system would allow for immediate test results and accuracy; and whether the purchase was budgeted. There were no comments from the public. Council Member Rubio made a motion to approve the Resolution,seconded by Council Member Molina. This Resolution 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: 031264 M. PUBLIC HEARINGS: (ITEMS 13 - 15) 13. Public Hearing and First Reading Ordinance -Rezoning property located at 7601 Yorktown Boulevard Case No. 0617-04 Gulfway Shopping Center: A change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District. The property is described as being 27.20 acres out of Lot 5, Section 24 and Lots 21 and 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard, east of Rodd Field Road, and west of Starry Road. Planning Commission and Staff Recommendation (August 23, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon City of Corpus Christi Paye 8 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 application by Gulfway Shopping Center("Owner"), by changing the UDC Zoning Map in reference to 27.20 acres out of Lot 5, Section 24 and Lots 21 and 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 13.Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for the construction of medium residential housing with the continuation of the Rancho Vista Subdivision.Mr.Green stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Mayor McComb and staff discussed the following topics:whether Starry Road was inside the city limits;the gun range located on Starry Road;and a request that the developer disclose the proximity of the gun range to homeowners. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Smith. 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 14. Public Hearing and First Reading Ordinance -Rezoning property located at 4502 Kasper Street Case No. 0317-03 Bruce Callaway: A change from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. The property is described as a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, a Subdivision of Corpus Christi, Nueces County, Texas, located along the south side of Gollihar Road east of the intersection with Kasper Street, east of Carroll Lane, and west of Weber Road. Planning Commission and Staff Recommendation (May 3, 2017): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP)with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Bruce Callaway ("Owner"), by changing the UDC Zoning City of Corpus Christi Paye 9 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 Map in reference to a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 14.Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for the construction of a mini-storage business. Mr.Green stated that the Planning Commission and staff recommend denial of the"RS-6" Single-Family 6 District to the"CG-2"General Commercial District,and in lieu thereof,approval of the"CN-1/SP" Neighborhood Commercial District with a Special Permit. Mr.Green reported that the applicant is in agreement with the recommendation. Mayor McComb opened the public hearing. There were no comments from the Council or the public.Mayor McComb closed the public hearing. Council Member Molina made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 15. Public Hearing and First Reading Ordinance -Rezoning property located at 5801 Patton Street Case No. 0817-01 Plains Capital Bank: A change of zoning from "IL" Light Industrial District to the "CG-1" General Commercial District. The property is described as Wooldridge Creek Center, Block 4, Lot 1 D, located on the west side of Patton Street, south of Holly Road, and north of Wooldridge Road. Planning Commission and Staff Recommendation (August 23, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-1" General Commercial District Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Plains Capital Bank ("Owner"), by changing the UDC Zoning Map in reference to Wooldridge Creek Center, Block 4, Lot 1 D, from the "IL" Light Industrial District to the "CG-1" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 15.Interim Director of Development Services City of Corpus Christi Page 10 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 Bill Green stated that purpose of this item is to rezone the subject property to allow for the operation of an alternative high school. Mr. Green stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the Council or the public.Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 16 - 17) 16. Resolution Adopting the Nueces County Multi-Jurisdictional Hazard Mitigation Action Plan A resolution of the City Council of the City of Corpus Christi, Texas adopting the Nueces County Multi-Jurisdictional Hazard Mitigation Action Plan. Mayor McComb referred to Item 16.Interim Director of Development Services Bill Green stated that the purpose of this item is to adopt the Nueces County Multi-Jurisdictional Hazard Mitigation Action Plan. Floodplain Manager Yvette Dodd responded to questions. Council members and staff discussed the following topics:whether adopting the plan automatically approves the mitigation projects; the City Council's ability to modify or amend the plan to include other projects; and projects identified in the plan are currently approved in the Capital Improvement Program(CIP). Council Member Garza made a motion to approve the resolution,seconded by Council Member Molina. This Resolution 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: 031267 17. Ordinance -Appropriating Program Income for the Regional Local Services System/Local Public Health System (RLSS/LPHS) grant for use by the Health Department City of Corpus Christi Page 11 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 Ordinance appropriating $200,000.00 from the estimated program revenue in Health Grants Fund No. 1066 as State fiscal year 2016-17 program revenue to fund laboratory and public health services at the Corpus Christi-Nueces County Public Health District for the contract period September 1, 2016 through August 31, 2017; and declaring an emergency. Mayor McComb referred to Item 17. Director of Public Heath Annette Rodriguez stated that the purpose of this item is to appropriate$200,000 from estimated program revenue from a grant awarded by the Texas Department of State Health Services to fund laboratory and public health services.There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on emergency 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: 031268 O. FIRST READING ORDINANCES: (ITEMS 18 -20) 19. First Reading Ordinance -Approval of the amendment to the previously approved agreement and appropriating Water Distribution Main Trust funds for Vantage at Corpus Christi, LLC. Ordinance authorizing the City Manager or designee to execute an amendment to the previously approved Distribution Main Extension Construction and Reimbursement Agreement ("agreement")with Vantage at Corpus Christi, LLC., ("developer"); and appropriating $34,551.83 from the No. 4030 Distribution Main Trust Fund to reimburse the developer in accordance with the amendment to the agreement. Mayor McComb deviated from the agenda and referred to Item 19. Interim Director of Development Services Bill Green stated that the purpose of this item is to amend an existing Distribution Main Extension Construction and Reimbursement agreement with Vantage at Corpus Christi, LLC.There were no comments from the public. In response to a council member, Mr.Green stated that staff identified an error in the calculation of the credit. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 12 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 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 20. First Reading Ordinance -Approval of the amendment to the agreement and appropriating additional Water Distrivbution Main Trust funds for Peterson Properties, Ltd. Ordinance authorizing the City Manager or designee to execute an amendment to the Distribution Main Extension Construction and Reimbursement Agreement ("Agreement")with Peterson Properties, Ltd., ("Developer"), for the additional construction cost of a distribution main line; and appropriating $64,035.73 from the No.4030 Distribution Main Trust fund to reimburse the developer in accordance with the amendment to the original agreement. Mayor McComb referred to Item 20.Interim Director of Development Services Bill Green stated that the purpose of this item is to approve an amendment to an existing Distribution Main Extension Construction and Reimbursement Agreement with Peterson Properties, Ltd.for the development of Westpoint Crossing.There were no comments from the public. Council members and staff discussed the following topics:the reimbursement being funded by developer funds; extension of the distribution main line will provide the opportunity for additional development; the need for additional work to be added due to differing site conditions encountered during construction;and staff's review of contracts. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor 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 18. First Reading Ordinance -Accepting and appropriating grant funds for the Victims of Crime Act (VOCA) grant within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$281,860.18 to continue the Victims of Crime Act (VOCA) Grant within the Police Department for Year 18 and 19 with a City match of$60,865.04 and an in-kind match of$9,600 from City of Corpus Christi Page 13 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 the No. 1020 Police General Fund; appropriating the $281,860.18 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department; and authorizing the transfer of$60,865.04 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $352,325.22. Mayor McComb deviated from the agenda and referred to Item 18. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate a grant in the amount of$281,860 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act(VOCA)Grant within the Police Department.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 L. RECESS FOR LUNCH Mayor McComb called for recess at 1:28 p.m.The Council returned from recess at 2:02 p.m. P. FUTURE AGENDA ITEMS: (ITEMS 21 -26) Mayor McComb referred to Future Agenda Items.City Manager Margie C. Rose stated that staff did not have any planned presentations. Council members requested information on Item 22. 21. Purchase of Tactical Gear for the Special Weapons and Tactics (S.W.A.T.) Team within the Police Department Motion approving the purchase of various types of tactical gear for the S.W.A.T. team from GT Distributors, Inc., from Austin, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $181,871.66. Funds are budgeted in FY2017-18 Fund 1062 Fire Grant. This Motion was recommended to the consent agenda. 22. Service Agreement for School Crossing Guard Services within the Police Department Motion authorizing City Manager, or designee, to execute a service agreement with All City Management Services, Inc., Santa Fe Springs, California for school crossing guard services, in accordance with Request for Bid No. 1148, based on the lowest responsive, responsible City of Corpus Christi Page 14 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 bid for a total amount not to exceed $360,864, of which $333,105 is funded in FY2017-18 Red Light Photo Fund. The term of this contract will be for 13 months. This Motion was recommended to the consent agenda. 23. Purchase of a HazMat Elite Handheld Detection System for the Fire Department Motion approving the purchase of a HazMat Elite Handheld Detection System from FarrWest Environmental Supply, Inc., from Schertz, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $59,950.00. Funds are budgeted in FY 17-18 Fund 1062 Fire Grant. This Motion was recommended to the consent agenda. 24. Resolution authorizing Oso Golf Course Claim Settlement Resolution authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of$74,653.67 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. This Resolution was recommended to the consent agenda. 25. Engineering Design Contract for Corpus Christi Museum of Science and History Floodwall from Type A Funds Motion authorizing the City Manager, or designee, to execute a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$216,871 for the Corpus Christi Museum of Science and History Floodwall project for survey, design, permitting, bid and construction phase services. This Motion was recommended to the consent agenda. 26. Disbursement of Council Member Paulette M. Guajardo's FY2017/2018 Salary Motion authorizing the City Manager or designee to execute an agreement with 911 Park Place d.b.a. Mission 911, a Texas non-profit corporation, of Corpus Christi Texas, in the amount of$6,459.00, to be funded by Council Member Paulette M. Guajardo's FY2017/2018 budgeted city council salary and associated payroll taxes, which are not to be received by Council Member Guajardo, in support of programs provided by 911 Park Place d.b.a. Mission 911 in the City of Corpus Christi, Texas. City of Corpus Christi Page 15 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 27) 27. Control Network Architecture Upgrade for ONSWTP High Service Number 3 Mayor McComb referred to Item 27. Executive Director of Water Utilities Dan Grimsbo stated tha the purpose of this item is to discuss a design and construction amendment for the O.N.Stevens Water Treatment Plant High Service Pump No.3 Project and address the pump logic control system.The High Service Pump No.3 Project began in October 2016 and will be completed in September 2019.The project budget is approximately$23.5 million. The project will provide for six new pumps and replaces the existing High Service Pump No. 1 constructed in 1954 as part of the original treatment plant. Mr. Grimsbo presented the following information:a background on the project; the current control design components;the proposed controls design;the benefits of the upgrades; schedule impact; and actions moving forward.Mr.Grimsbo stated that since the project bid was nearly$2 million under budget,staff is recommending moving forward with the original design to provide for a control system with the highest reliability.The design cost is approximately $50,000 and construction cost is approximately$200,000. Council members and staff discussed the following topics:the cost of design; the age of the current control system;the reason the design integration and programming of software for each controller were not included in the orignal scope of work;the procurement process for selecting the engineer for the project;ensuring compatibility of all system improvements;when the project originally began;and an explanation of the power outage during Hurricane Harvey and the water boil notice. R. EXECUTIVE SESSION: (ITEMS 28 -29) Mayor McComb referred to the day's executive sessions.The Council went into executive session at 2:39 p.m.The Council returned from executive session at 3:28 p.m. 28. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims, pending litigation, potential settlement, attorney's fees, and/or other potential legal matters regarding lawsuit of Ray Rosas, Virginia Rosas, Individually and on Behalf of Brenda Rosas, Isabel Rocha Andjose Maria Pena, vs. The City of Corpus Christi, Andy Trevino, Justin Sanders, Adam Villarreal, Ross Murray, Heriberto Martinez, Michael Landino, Roger Arevalo, Yezenia Banuelos and John Villarreal. Mayor McComb referred to Item 28 and the following motion was considered: Motion to authorize the City Manager or designee to amend the contract with the Law Office of McKibben,Martinez,Jarvis&Wood, LLP to defend City police officers in the lawsuit of Ray Rosas,Virginia Rosas,individually and on City of Corpus Christi Page 16 Printed on 10/13/2017 City Council Meeting Minutes October 10,2017 behalf of Brenda Rosas,Isabel Rocha,and Jose Maria Pena vs.City of Corpus Christi,Andy Trevino,Justin Sanders,Adam Villarreal, Ross Murray, Heriberto Martinez, Roger Arevalo, Michael Landino,Yezenia Banuelos and John Villarreal to provide an additional $100,000 of funding for said defense. Council Member Vaughn made a motion to approve the motion,seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 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: M2017-162 29. 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 representation of the City for issuance of debt, including, but not limited to, potential conflict of interest matters related to bond counsel duties. This E-Session Item was discussed in executive session. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. MOTION OF DIRECTION Council Member Smith made a motion directing the City Manager to bring back an item regarding the establishment of a council committee to address the budget,seconded by Council Hunter.This Motion of Direction was passed unanimously. Council Member Rubio requested an item regarding the digitization of documents at the Public Health District.This item was approved by consent of the City Council. MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the City Manager to bring back a discussion item regarding a policy on the City Council's utilization of public access resources including the use of the studio,staffing,structured public service announcement;and communications,seconded by Council Member Molina. This Motion of Direction was passed unanimously. Council Member Lindsey-Opel requested an after-action regarding lessons learned and communication related to Hurricane Harvey. City Manager Margie C. Rose stated that she would add this item to a future agenda. T. ADJOURNMENT The meeting was adjourned at 3:41 p.m. City of Corpus Christi Page 17 Printed on 10/13/2017 City Of Corpus Christi COMMITTEE FOR PERSONS WITH DISABILITIES BOARD DETAILS The Committee for Persons with Disabilities provides a program to J encourage, assist and enable persons with disabilities to participate in the social and economic life of the City; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION PJan (9) ro .kl mart ori the t;iw y who a haH be app nt 'i by the City Coro„n ii 1 he rite mbersNp ori the a,arrtrrtaJ,ee^.draH he I o i ind.Jioriduais i?h a'fis rbohU+us and representathies ori agencies and orroJ^!no aboans Joa ctio:;rrr ng withn the c: )mmr tte area who are interest&'I in the pro r,�a^.tion d i .�fliices t+:�a persons with rJr adroimt¢�;rtw and others rr ho:r are ina r, .t ow$in the ad"Mihb s and specific neeols o i DETAILS persons� it h aJrsabihUes,subieca t+a Cow ar ci8 appro ,vai 1 he I to amen 1-of atao ns rr,a,$dregerw^ttrat+ar, Director torr o i Parks anl He reabo n,anl dJuHdwin(ra (-)Maui .haH^. i as e^ oriJ for no;rr'rrrtembers. 1 he Ctrai' pe r.ur:;n ori the Coror ma tt e 9or Per rrrrS with DisabohUes shai8 si::lflie as an ex orMcio;;rr,ortdmt member the I lo.arrean Hei atao,rns, o ro rtarta^r:`.:io n CREATION/AUTHORITY Chapter 2, prtic>e IIV, Dhiison 2:J,Code ori(:)ra.$mrrarrcese ()nl PJor 02,14:.i 8 (211 '10 i). MEETS i st W,rr$n .,yay°o i the month at 00 p.m,Ci� y°1 iaH,City Co"m enu ii Chambers TERM DETAILS I or-year .t^dq.Jger&l terms DEPARTMENT l loarr an Hei Borns COMMITTEE/SUBCOMMITEE y^J/A AGENDAS OTHER INFORMATION COMMITTEE FOR PERSONS WITH DISABILITIES Page 1 of 1 c c c o o o c' o z z z m L L L a) s a) a) a) a) a) a) vv i E ,U', E E E E E E; o c' o a) a az a) w m w (1) w x ;' x m > u 2' 2 2', W ui W Q100 00 00 '...00 Ch'....... 0 Q1 0 14 14 ri 14 ri 14 ri 14 ri muuu ri ri ri ri �'. ri �'. 6k1 0 0 0 0 0 0 0 0 N o z z z id ri M N'. N e-I'.. Z Z Z M N N M ri N M M 4J aur' v v v v v v v' v v' Hill a)) C a) N a) N a) a7a) a7' a) a7' a) a) a a a a a a a a a a a � N t ^ H O H H H H H H H H H H H H O O m m 00 m 00 m 00, m 00, m 00, m a a a a a a a a a a a a Z Z Z Z Z Z Z Z Z Z Z Z O O O O O O O O O O O O O �+ CC CG CC CC CC CG OC W a a cs a a a a a a a cs a a � cG � cC � cC � cC � cG � O O O O O O O' O O' O Q' O LL LL LL LL LL LL LA. LL LA. LL L. LL O W W W W W W W W W W W W V m W W ui W ui W ui W ui W ui W m91P2 2 2 >2 2 2 2 2 2 2 2 ii 0 0 Q 0 ' 0' 0 0 0 Q Q Q Q N O E 0 O y a+ O ai A U � -Ea 0 of i a U 'Z'S © Z.m . fp.. M i hN� Vf M N L Z — N. N 3 G m a) N o 0 -13 a cc O y O m O K" Q0 a © te a 0 1 m; a m cn XA ca CL zs 4-1 4 ,;., V W CLQ Q Q H � ++ 0 � t N H t n �u Ix ccF U '3 74 m N �4 U 4- U W_ G! co m co m ++ Z Z ZZ Z Z 0 0 0 0 W,....... W W...... W a a a a 0 O 0 O L6 LL LL' LL W W Wi W W W W; W 0 O 0 O u' ca CITY OF CORPUS CHRISTI Submit Date: Nov 17, 2016 Application for a City Board, Commission, Committee or Corporation Profile Jose Chapa Prefix First Name Middle Initial Last Name Suffix 11 11 1 MUM E'', ............... Email Address Street Address Suite or Apt State INNE1, City Postal Code What district do you live in? V District 1 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 15 If yes,how many years? 1000 ,fir "We 10000We Primary Phone Alternate Phone Retired Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Jose Chapa. Work Address-Zip Code Work Phone jjjj@aol.com Work E-mail address Preferred Mailing Address None Selected is Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Serves on the RTA -RCAT. Volunteer to deliver food to homebound. Why are you interested inserving on a City board, commission or committee? Upload a Resume Please upload any additional supporting documents Demographics Jose Chapa Ethnicity Hispanic Gender Male Verification City o Requirement Residency board,As a commission, or committee member, you will be asked to adhere to City Codeo Ordinances, cion 2-65, which states that all members of Cityo n commissions, including oc committees, appointed City, u residents of the city. A move outside city limits of the city by anyII constitute automatic resignation from the particular o or commission on which suchserved. I Agree City o Requirement Attendance board,As a commission, or committee member, you will be asked to adhere to City Codeo Ordinances, Section 1, which providesabsences from o n % of regularly scheduled tinduring on the part of anyboard, commission, or committee member II result in an automatic termination. An absence shall be deemed unexcused unless excused board, commission or committee for good cause no later than its next tin enc ® I Agree Jose Chapa Consent for Release of Information ............... ............... ............... ............... ............... ...............11111111','-"",'-'I""'-............... .............. I understand that if any member oft public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Jose Chapa CITY OF CORPUS CHRISTI Submit Date: May 17, 2017 Application for a City Board, Commission, Committee or Corporation Profile Inez C. Garcia Prefix First Name Middle Initial Last Name Suffix I PIN" EmailAddress .......................................................................................................... N I i IN MIN: Street Address Suite or Apt State NINE !'I City Postal Code What district do you live in? V District 3 (Note: If you do not know your district click here) Current resident of the city? r. Yes r- No 25 If yes,how many years? 1000 ,fir "We 10000We Primary Phone Alternate Phone San Patricio Cnty. Senior retired 'Services"Dlilrlelcltlolrl,(rpli red).................. Employer Job Title Work Address-Street Address and Suite Number Sinton Work Address-City Texas Work Address-State Inez C. Garcia Work Address-Zip Code Work Phone nana2love6@yahoo.com Work E-mail address Preferred Mailing Address V Home/Primary Address is Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: The Advisory Council on Aging/Area Agency on AGing Education, Professional and/or Community Activity (Present) (Present) Treasurer for the Special Events Committee at Greenwood Senior Center, Walk & Roll Committee, Senior Services Crown Club. Why are you interested inserving on a City board, commission or committee? I feel I can bring my expertise to a City Board, commission or committee. I worked for over 30 years representing the elderly and disable in San Patricio County. I worked very closely with the Department of Health and Human Services, Department on Housing, Area Agency on Aging; in which I am now in The Senior Advisory Committee. I was very active in the implementation of the American with Disability Act, where I took extensive training in Austin, Tx. Since my retirement and moving to Corpus Christi I have volunteer in various activities. Upload a Resume Please upload any additional supporting documents Inez C. Garcia Demographics Ethnicity Hispanic Gender Female Verification City o Requirement Residency As a board, commission, or committee member, you will be askedo adhere to City Codeo Ordinances, Section 2-65, which states that all members of Cityors and commissions, including oc committees, appointed by the City, us si ns of the city. A move outside city limits of the city by anyshall constitute automatic resignation from the particular o or commission on which such served. I Agree City o Requirement Attendance As a board, commission, or committee member, you will be askedo adhere to City Codeo Ordinances, Section 1, which provides that absences from o n % of regularly scheduled tins during a term year on the part of anyboard, 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 ting after the absence. I Agree Inez C. Garcia Consent for Release of Information ............... ............... ............... ............... ............... ...............11111111','-"",'-'I""'-............... .............. I understand that if any member oft public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Inez C. Garcia CITY OF CORPUS CHRISTI Submit Date: Oct 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Vanessa P Nisbet Prefix First Name Middle Initial Last Name Suffix 11 11 1 MEN E'', ............... Email Address MIMI!: Street Address Suite or Apt State INNE1, City Postal Code What district do you live in? V District 2 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 15 If yes,how many years? 1000 ,fir "We 10000We Primary Phone Alternate Phone The Rise School of Corpus ,Clhlrilsltlil""",'ll""I'll""I'll",'ll""I'll""I'll",ll,'ll""I'I Elxlelclultlivel"Dlilrlelctlolrl"""",'ll""I'll""I'll",,,lI Employer Job Title 744 Everhart Rd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Vanessa P Nisbet 78411 Work Address-Zip Code 361-814-9399 Work Phone director@risecorpuschristi.org Work E-mail address Preferred Mailing Address V Work Address is Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: n/a Education, Professional and/or Community Activity (Present) Master's Degree in Administration Education, Currently finished a certification in Low-incidence and disability, Currently Executive Director of the Rise School of Corpus Christi. Why are you interested inserving on a City board, commission or committee? I feel I can advocate for the needs of our special needs community as this is what i do on a daily basis. nisbet resume.docx Upload a Resume Please upload any additional supporting documents Demographics Vanessa P Nisbet Ethnicity Caucasian/Non-Hispanic Gender Female Verification City o Requirement Residency board,As a commission, or committee member, you will be asked to adhere to City Codeo Ordinances, cion 2-65, which states that all members of Cityo n commissions, including oc committees, appointed City, u residents of the city. A move outside city limits of the city by anyII constitute automatic resignation from the particular o or commission on which suchserved. I Agree City o Requirement Attendance board,As a commission, or committee member, you will be asked to adhere to City Codeo Ordinances, Section 1, which providesabsences from o n % of regularly scheduled tinduring on the part of anyboard, commission, or committee member II result in an automatic termination. An absence shall be deemed unexcused unless excused board, commission or committee for good cause no later than its next tin enc ® I Agree Vanessa P Nisbet Consent for Release of Information ............... ............... ............... ............... ............... ...............11111111','-"",'-'I""'-............... .............. I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. �W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Vanessa P Nisbet Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? �r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® n/a Board-specific questions (if applicable) Vanessa P Nisbet ucator ..................................................... Goal oriented and driven, childcare teacher dedicated to educating young children,inspiring minds, and a love for learning. Enthusiastic, hardworking, and motivated educator with strong communication and interpersonal skills to cultivate working relationships within the childcare community. Masters of Science Educational Administration December 2010 Texas A&M University- Corpus Christi Bachelor of Science in Interdisciplinary Studies December 2008 Texas A&M University- Corpus Christi Associates of Arts in Teaching Ec-4 Generalist May 2007 Del Mar College-Corpus Christi Pedagogy and Professional Responsibilities EC-4 October 2008 Content EC-4 Generalist April 2009 Special Education EC-12 July 2014 Director Certification August 2014 Related EMglellces: Rise School of Corpus Christi Fehruary201S-Current Executive Director Rise School of Cbmas Christi March 2011-February 2015 Lead Teacher (181nonthes-3.5 nears classroom) Kelly Services (Substitute) August 2010-February 20111 West Oso ISD,Tuloso Midmay ISD,Flour Bluff ISD YMCA Summer Camp Director Corpus Christi,Texas Summer 2010 Kindergarten Teacher SS. Cyril and Methodius School 2009-2010 Seashore Learning Center Pre-k 3& 4 Summer 2009 Camp Counselor Accelerated Reading Interventionist&Accelerated Math Interventionist Spring 2009 3, 4,and 5 grades East Elementary,Taft Texas Student Teaching 2'grade Stephen F.Austin Elementary Gregory,Texas Fall 2005 Field Base 1'and 2'Grade Rose Shaw Elementary CCISD, Corpus Christi Texas Summer 2008 Head Start @ Y Pre-K4 Teacher Corpus Christi,Texas 2006-2008 Sherry Rumley Amy Brown Rob George CITY OF CORPUS CHRISTI Submit Date: Dec 06, 2016 Application for a City Board, Commission, Committee or Corporation Profile Sabrina Ramirez Prefix First Name Middle Initial Last Name Suffix 1111 1 MEN ............... Email Address gig:lg III MIN: N Iii IN III Nam mmi:llwomm,m--mmmmmmmql::l� l�l Will Street Address Suite or Apt State Ig City Postal Code What district do you live in? V District 1 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 37 If yes,how many years? 1000 ,fir "We 10000We Primary Phone Alternate Phone Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Sabrina Ramirez Work Address-Zip Code Work Phone Sabrinavramirez@yahoo.com Work E-mail address Preferred Mailing Address None Selected is Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Why are you interested inserving on a City board, commission or committee? Sabrina R Resume 1 doc Upload a Resume Please upload any additional supporting documents Demographics Sabrina Ramirez Ethnicity Hispanic Gender Female Verification City o Requirement Residency board,As a commission, or committee member, you will be asked to adhere to City Codeo Ordinances, cion 2-65, which states that all members of Cityo n commissions, including oc committees, appointed City, u residents of the city. A move outside city limits of the city by anyII constitute automatic resignation from the particular o or commission on which suchserved. I Agree City o Requirement Attendance board,As a commission, or committee member, you will be asked to adhere to City Codeo Ordinances, Section 1, which providesabsences from o n % of regularly scheduled tinduring on the part of anyboard, commission, or committee member II result in an automatic termination. An absence shall be deemed unexcused unless excused board, commission or committee for good cause no later than its next tin enc ® I Agree Sabrina Ramirez Consent for Release of Information ............... ............... ............... ............... ............... ...............11111111','-"",'-'I""'-............... .............. I understand that if any member oft public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Sabrina Ramirez Sabrina V. Ramirez Exquisite Jewelry-Owner 09/2000-2/2015 • Choose and order products • Maintain inventory • Accounts receivable and payable • Ensure customer satisfaction • Display products at shows and festivals • Set up and take down displays • Customer assistance • Cash handling • Interview potential employees • Hire and train new employees • Research vendors (wholesalers)to purchase products from • Establish great relationships with customers and vendors Texas Workforce Commission-Mobility Coordinator 12/2011-6/2012 • Assisted Disability Program Navigator in researching and locating individuals with disabilities in need for affordable transportation in Nueces County and rural areas. • Assisted individuals with disabilities by coming up with an affordable way for them to get to and from any type of employment, education and or medical releated events. • Gave presentations to local communtity agencies that provided services to individuals with disabilities about the Mobility Options program that was being introduced • Worked with local agencies in Nueces County and rural areas by assisting with transportation for individuals they estalished were in need. • Reported to Disability Program Navigator and Coastal Bend Center for Independent Living with the researched information of the need for affordable transportation for individuals with disabilities to be included in the research for Mobility Options grant Southwestern Bell-Customer Service/Directory Assistance 10/2004-05/2006 • Assist customers with questions concerning their phone or internet service • Assist customers with billing problems • Offer additional products and services to customers that they may benefit from • Add or cancel services at customers request • Provide address and direction information to customers • Assist customers with phone number look ups Community Committees Community Options Business Advisory Council-Chairperson 09/2011- 06/2012 Promote the integration of persons with disabilities within the communities,in which they reside, enabling them to become viable and contributing neighbors, employees and citizens of the community. City Of Corpus Christi Engineering Sub-Committee- Sub-Committee Member 06/2011-09/2013 Review plans proposed by Texas Department of Transportation for street and curb ramp improvements to enable people with disabilities to get around freely in the community without any barriers. City of Corpus Christi Committee for Persons with Disabilities-Committee Member 04/2011- 07/2013 Assist and enable persons with disabilities to participate in the economic and social life of the city; achieving personal independence,becoming gainfully employed, and to enjoy full use of all public and private facilities available in our community. Internship Coastal Bend Center for Independent Living 10/2010-12/2010 Worked with Coastal Bend Center for Independent Living on the Mobility Options for People with Disabilities Project.The purpose of this project was to establish a voucher program that will assist people with disabilities that are faced with transportation difficulties to live a more independent life in assisting them with transportation to and from work or training at any type of training facility. The 2010 (JARC)Job Access-Reverse Commute grant has been awarded by the Texas Department of Transportation to help determine and meet these transportation needs. This voucher project will consist of a two year feasibility study that will be funded by the JARC grant. During this study we will determine the mobility needs for work related trips by people with disabilities at a reasonable rate. Volunteer National Multiple Sclerosis Society 06/2003-Present • 2011-Fundraised$2400.00 • Help plan Walk MS Events • Register walkers and pass out event information • Donate to silent auction to help raise money • Help coordinate fundraising events with the Development Manager Education Mary Carroll High School-High School Diploma Del Mar College-Business Administration-44 Credit Hours Texas A&M University Corpus Christi- 100 credit hours City Of Corpus Christi REGIONAL HEALTH AWARENESS BOARD BOARD DETAILS The Regional Health Awareness Board connects the public, government and industry on issues regarding health, safety, and the government. COMPOSITION I e Hegionai I ieaithAwareness Boand Is inacle aap o r teen ( y)r,,orartad rrter'rtber!s r' q rest�rrtog a cross secUon of h ai'th,errs"rir'onrn nr ai, and .r;rdai iner'e t Iwo (2) t+aarrtattuna ty°members gall be,app intecI by the City Ca;;roandi,two(2)r`+aarrtarto.artity members a pp orated by the I`J ae c es County Comrta rta ssrrre r : Cr ro art, and two(2) t+aarrta r' .tour'rorty members,app;rorr'tecl by the San p" atri at r Ca a araty Comms rta sa!a�lt;n r . Court DETAILS Ior three year terata At large members,are app iriteci tra three-year terms as it°rila:rw I City tri'Corpus Christi,ti, I I`J ae a es C r ffity, I San P atraa:o C r ffity, 2.. Port Industries tri Corpus Christi,ti, I 1eas A "S, N1 Corpus Christi,ti, ,aand I IexA:Ra A SPS ;: a,.a ali .Also, 'I ..member,app�,r� 1 t 1^'ar'r„ �� . � orrt +.$by the Irma I. rrrta fyar'ta,ei Cr:;rileadd t r y and 1 member ,app"r�� y°thed cfi a" atar rrr �mita e Center, tyegi+:n i'ptr,arrrt�trur ar' orrt+�+.$"x 2 for three..year terrr'ts b c7in rwrrad in January A"y,yataonaily,the ,are ia;ro.ar Ito ex triilcio/rron ,,oUnca r present,a'ataries,one(I) irt;;rrrt each o; the I,:;rdiarwarra7 a"g rta aes I exas Commssa on on d:rrirrirtrnm rrt,a'ai Ou ailty°, d rvvir't:nrrn nr a'ai Prtrtea'1i+`n patency, floeea e. Ca;;ro.araty/City°tri Corpus Christi Pudic 1 ie ,ai'tt'r District and San P atricio Cr;ro.araty D partartenr of Pr„Uic~1 ie ,aaith CREATION/AUTHORITY Hes Plat 025259 6/2,14/; Hes 1^Ja:;r.025423 8/19/; Orel 1^Jo 029965, 10/8/1 MEETS 4th 1 hur."yay tri,r,"very month, „t p.m, 6th 1 Igor Cont r,nce Hoom,City 1 I,a'aH TERM DETAILS I..hre ye a'ar a t aa.1r.1er' a i terata DEPARTMENT 1 ie,!!!aittr Dy upsartrrtent COMMITTEE/SUBCOMMITEE PJ/A AGENDAS OTHER INFORMATION REGIONAL HEALTH AWARENESS BOARD Page 1 of 1 tw C Y cu cuE WX do aj 00 C C C C Z � Z E aEi v aEi '4 aEi u a v aEi m aEi v aEi v O +�- 3 O > l0 l0 C C L^ T O N t O7 y L - - O - N C +G u > > O). d C O) O) O) 0) 0) N us IM IM 0 CL S4 = C O1 0) +' ICU.. C DA a C C C0 Lu O l0 C O a a a O O C OC C �' I N O N E y E O N d N C #+ Ln = ++. N T T d N cc O N O T N ux .n `G O 01 E 3 x 3 3 m s4 CL O v1 m O 3 m +` �- aCi © E 3 O O G7.. (0 4* N N Q7 y, V �' N 41} N C '�{" C IM ='. 3 N E CLQ 'O d 3 N O O N C 00 03: 0 3 3 3 I u V V V V1 Z Z cc 2;: C H 1/1 W C A Z C d 0. H W V1 2 H C Z CL L a+ fv OD 0,,.. 00 471..,'. (A 471..,'. (A C* n 00 IM tom+ IM .0 m m ^ en N ti N ti N ti N ti N ti N ti N ti N !'I d O O 0 O 0 M 0 O 0 O 0 O 0 O 0 I�� \ \ \ \ \ m \ *. \ \ \ \ \ Q Q Q Q V7 0 Q Ilam O O N O N N p'.. N 14i N N O N N N N v o H o H ti o 0 o E3 ei 0 0 0 Z Z � '= uuu LL sllllll �"� N N N N N N N N N N N N N N Z Z Z a o N N O '! o 0 U C E fa r C O O O y a IMU tw •.2IM O d OC C C C C C C C C C C C C C C C C C +' O OO ' O ' O ' O O O O ' O bn C m m m: m m: m m: m m: m m m m m m m m W m Vf V1 V1' V1 V1' V1 V1' V1 V1' u1 N V1 V1 V1 V1 V1. V1' V1kA kA kA kA kA kA kA kA C W W W W W W W W W W W W W W W W''., W W W d Z Z ZI Z ZI Z ZI Z ZI Z Z Z IZ Z Z Z ZI Z Z�. N W W W, W W, W W, W W, W W W W W W W W, W W OC C C'. C C'. C C'. C C', C cc C C C C C cc C C \ W W W W W W W W W W W W W W W W W W W'' a-I ZZ z Z z Z z Z z Z z Z z Z z Z z Z E O O Q O Q O Q O Q O Q O Q O Q O Q O Q y uuul (7Uui LU a U a U a U a U C7 5 C7 5 C7 5 C7, 5 C7 L OC C C' C w C C C w C C C w C C C C C C � u C 3 C IM °_ a� U - O. (0 00 C L N .0 _4 T O E T M , m 4,, > 4? a 0 s 3 `au 3 O > O 3 I-I O d m C C O m m _y m Cl x m d e� C N.. C C, IM I T i0 N v tOi v i' O N 0 W���� Q D N C Q VLf © 2 Y' z ',.O '..? CJ'. v1 Q r a a m Q cc Y e 3, 3 E V c a N ((A Ln II ICL 0 L m r U Q 4 Q U. a L a 0 Q n TA n m O 7 00 3 a 41 O =' T E � � Q m Z � u z O m: m vuss LU Z Z W',, W cc C Q Q L LU zz OO C, z a .� m (2 m E CITY OF CORPUS CHRISTI Submit Date: Oct 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Karen Beard Prefix First Name Middle Initial Last Name Suffix 1111 1 MEN ............... Email Address gig:lm III MIN: N Iii IN III Nam mmi:llwomm,m--mmmmmmmql::l� l�l Will Street Address Suite or Apt State Ig City Postal Code What district do you live in? V District 2 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 18 If yes,how many years? 1000 ,fir "We 10000We Primary Phone Alternate Phone Injury Prevention Training Driscoll Children's,Hospital Coordinator Employer Job Title 4141 S. Staples 4th FI Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Karen Beard 78411 Work Address-Zip Code 1 361-694-6702 1 1 11 1 1 Work hone karen.beard@dchstx.org Work E-mail address Preferred Mailing Address V Work Address is Boards would you like to apply for? REGIONAL HEALTH AWARENESS BOARD: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) I am a Injury Prevention Training Coordinator, I am a Child Passenger Safety Instructor along with special needs training. I have graduated from both the Citizens Police Academy as well as the Citizens Fire Academy. I served on the Transportation Advisory Council for 6 years and currently serve on the Board of the Coastal Bend Advisory Council. I regularly attend the Governor's EMS and Trauma Advisory Meetings. Why are you interested inserving on a City board, commission or committee? I enjoy being involved in our community. To increase public involvement and commitment to CC being a great city. karen resume 2017 short DCH.docx Upload a Resume Please upload any additional supporting documents Karen Beard Demographics Ethnicity Caucasian/Non-Hispanic Gender Female Verification City o Requirement Residency As a board, commission, or committee member, you will be askedo adhere to City Codeo Ordinances, Section 2-65, which states that all members of Cityors and commissions, including oc committees, appointed by the City, us si ns of the city. A move outside city limits of the city by anyshall constitute automatic resignation from the particular o or commission on which such served. I Agree City o Requirement Attendance As a board, commission, or committee member, you will be askedo adhere to City Codeo Ordinances, Section 1, which provides that absences from o n % of regularly scheduled tins during a term year on the part of anyboard, 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 ting after the absence. I Agree Karen Beard Consent for Release of Information ............... ............... ............... ............... ............... ...............11111111','-"",'-'I""'-............... .............. I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Karen Beard Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? �r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® None Board-specific questions (if applicable) Question applies to ARTS& CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any oft following categories? None Selected Karen Beard Karen Beard Education: University of Oklahoma 1979-1981 Education Oklahoma Community College &Tulsa Junior College 1987-1991 Studied Education and Business Profile NHTSA Child Passenger Safety Instructor for 18 years. Organizational memberships: Coastal Bend Regional Advisory Council, , Child Fatality Review Team, Coastal Bend Youth Alcohol Awareness Committee. I have served on many community boards appointed by City Council including the Health Advisory Board, Head Start and Transportation Advisory Committee, former member of Injury Prevention of Governors EMS and Trauma Advisory Council Certifications: National Highway Traffic Safety Administration Child Passenger Safety Technician August 1999-October 1999 National Highway Traffic Safety Administration Child Passenger Safety Instructor October 1999-present American Heart Association BLS /Healthcare Provider Current to date American Heart Association BLS /Healthcare Provider Instructor 2005-2011 (renewing) Employment: Driscoll Children's Hospital,August 1999-Feb 2011 returned November 2016 to current Injury Prevention Program Injury Prevention Training Coordinator • NHTSA child passenger safety technician in 1999. • NHTSA Child Passenger Safety Technician Instructor in 1999,currently the only Instructor south of San Antonio all the way to the Valley. • Speak at various area conferences. • Wrote numerous grants to fund Injury Prevention Program, average grant amount of$65,000.00 per year. • Presents to community groups on injury prevention topics including child passenger safety and other non- intentional injuries. • Represent DCH to media and newspaper on Injury Prevention programs and Injury Prevention education. • Speaker at area conferences on child passenger safety and all areas of non-intentional injuries. • Collaborate with local law enforcement and community agencies on child passenger safety. • Represent Injury Prevention Programs at Health Fairs. • Educate hospital staff in Corpus Christi. Dr. Mark Dodson—November 2011-2013 Worked for Dr. Dodson in both his medical office and medical spa. • Give injections, check blood pressure and vitals. • Provide treatments on all equipment. • Medical Esthetician Chemical Peels. • Ultherapy Advanced Training Certified. • Cool Sculpting Certified. • Syneron Laser Hair Removal, SRA Certified, Matrix and Skin Tightening. Ingraham Orthodontics-May 2014-2016 Marketing Coordinator May 2014 • Created and maintain new webpage,including layout and content. • Create and maintain all Social Media sites. • Create in-house on online contests for patient participation. • Visit referring Dentist offices. • In-house computer repair. • Create promotional brochures. Community Participation Served on the Injury Prevention committee of the Governors EMS and Trauma Advisory Council 2008-2010 Graduated from CC Citizens Fire Academy 2015 Graduated from CC Citizens Police Academy 2015 Graduated Civilian Police Academy,Victoria 2014 Traffic Advisory Board, City Council appointed- November 2006 to 2012 and reappointed October 2016. Bicycle Committee Nueces County-2009-2013 re-appointed October 2016 Citizens Health Advisory Board City Appointed- November 2002 to 2006 Safe Sleeping planning committee-2009 Head Start Health Advisory Board-October 2002 to October 2009 CC Corpus Christi Youth Alcohol Awareness Coalition- June 2000-2010 First Baptist Church US Mission Board Chairman 9/99-to present FBC Recreation Ministries Committee 9/2002 to present Bell Towe NHTSA child passenger safety technician in 1999r Board of Directors (non-profit) 2016 to present CITY OF CORPUS CHRISTI Submit Date: Aug 23, 2016 Application for a City Board, Commission, Committee or Corporation Profile Adam G Tate Prefix First Name Middle Initial Last Name Suffix 11 11 1 MUM E'', ............... Email Address Street Address Suite or Apt State INNE1, City Postal Code What district do you live in? V District 4 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No <1 If yes,how many years? WPM""" WPM""" Primary PhoneAlternate Phone United States Army Reserve Career Counselor ................................ Employer Job Title 8096 Hwy 77 Work Address-Street Address and Suite Number Adam G Tate Sinton Work Address-City TX Work Address-State 78387 Work Address-Zip Code (361) 652-2641 Work Phone adam.g.tate.mil@mail.mil Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? REGIONAL HEALTH AWARENESS BOARD: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I have an A.A.S. in Military Technologies and am currently working toward a B.S. in Organizational Leadership. I am an Army Reserve Career Counselor with a background in Chemical, Biological, Radiological and Nuclear operations. I am certified in field sanitation along with being certified as a HAZMAT Technician and CBRN Incident Commander. Why are you interested inserving on a City board, commission or committee? Adam resume-new.doc Upload a Resume Adam G Tate Please upload any additional supporting documents Demographics Ethnicity �W Caucasian/Non-Hispanic Gender �W Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Adam G Tate Consent for Release of Information ............... ............... ............... ............... ............... ...............11111111','-"",'-'I""'-............... .............. I understand that if any member oft public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Adam G Tate Adam Tate Work Experience Army Reserves Careers Division June 2016- Present 8096 Hwy 77 Sinton, TX 78387 Yamil Santiago Army Reserve Career Counselor 392nd CBRN CO December 2013- June 2016 1201 Bond Ave Little Rock, AR 72202 1SG Jack Schmidt Operations NCOIC Stephens Insurance, LLC May 2010- June 2015 111 Center St Little Rock, AR 72201 John Marketing Coordinator Stephens Investment Holdings, LLC May 2010- June 2015 111 Center St Little Rock, AR 72201 Pat Walsh Commissioned Security Officer 392nd CBRN CO December 2008- May 2010 1201 Bond Ave Little Rock, AR 72202 CPT James Evans Operations NCOIC Education and Achievements A.A.S. Military Technologies Bronze Star Medal Army Commendation Medal X3 Army Achievement Medal Armed Forces Reserve Commendation Medal X5 Army Good Conduct Medal References Available Upon Request se o� � v AGENDA MEMORANDUM NORPORpEO Future Item for the City Council Meeting of October 10, 2017 1852 Action Item for the City Council Meeting of October 17, 2017 DATE: October 10, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief ocha(_cctexas.com (361) 826-3932 Mike Markle, Police Chief MlkeMa@cctexas.com (361) 826-2601 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2(_cctexas.com (361) 826-3169 Purchase of Tactical Gear for the Special Weapons and Tactics (S.W.A.T.) Team __j CAPTION: Motion approving the purchase of various types of tactical gear for the S.W.A.T. team from GT Distributors, Inc., from Austin, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $181,871.66. Funds are budgeted in FY2017-18 Fund 1062 Fire Grant. PURPOSE: This item is to approve the purchase of various types of tactical gear for the S.W.A.T. team to be used by the Police Department. BACKGROUND AND FINDINGS: The tactical gear will equip each member of the S.W.A.T. team with updated ballistic protection that will promote the officers' safety when responding to high-risk incidents. The SWAT team provides assistance and support to Local, State, and Federal agencies operating within the region. They also often work alongside the bomb squad, which requires a greater need for the protection. The protective equipment has an anticipated service life of approximately five years. The funding is available from the Homeland Security Grant Program to support state and local public safety efforts to prevent terrorism and other catastrophic events. The Fire Department handles certain grant paperwork on behalf of the Police Department. 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: Fire and Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $280,108.76 $0.00 $280,108.76 Encumbered / Expended Amount $0.00 $0.00 This item $181,871.66 $0.00 $181,871.66 BALANCE $98,237.13 $0.00 $98,237.13 Fund(s): Fire Grants Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION TACTICAL GEAR BUYER: ROBERTA ORTIZ TLGPC BUYBOARD: 524-17 GT Distributors, Inc. Austin, Texas UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1. Carrier Tubes 36 EA $469.00 $16,884.00 2. Hardwire Ballistics 36 EA $1,172.50 $42,210.00 3. Biceps Hardwire Structure 36 EA $402.00 $14,472.00 4. Throat Hardwire 36 EA $97.15 $3,497.40 5. Collar Hardwire 36 EA $147.40 $5,306.40 6. Groin Hardwire 36 EA $327.00 $11,772.00 7. Enhanced Groin Panel 108 EA $6.70 $723.60 8. Large Panel 36 EA $6.70 $241.20 9. Tourniquet Pouch 36 EA $32.00 $1,152.00 10. Radio Pouch w/Bungee 36 EA $44.00 $1,584.00 11. Distraction Device Pouch 36 EA $28.00 $1,008.00 12. Medical Pouch 36 EA $68.00 $2,448.00 13. Shooters Cut 36 EA $418.75 $15,075.00 14. Rectangular Cut 36 EA $418.75 $15,075.00 15. HiCutw/Team Wendy 37 EA $683.40 $25,285.80 16. Rail Set for Helmets 37 EA $87.10 $3,222.70 17. Helmet Shroud 37 EA $80.40 $2,974.80 18. Helmet Velcro Kit 37 EA $16.08 $594.96 19. Traditional Molle Buckle 20 EA $95.00 $1,900.00 20. Small Panel 13 EA $6.70 $87.10 21. Large ID Panel 13 EA $6.70 $87.10 22. MultiCam 7 EA $6.70 $46.90 23. Large ID Panel 7 EA $6.70 $46.90 24. Entry 1 4 EA $1,350.00 $5,400.00 25. Assault Shield 2 EA $2,210.00 $4,420.00 26. Ops Core Rail Mounted Light 36 EA $131.10 $4,719.60 27. Surefire EP5 Sonic Defenders 40 EA $8.93 $357.20 28. Freight 1 EA $1,280.00 $1,280.00 $181,871.66 se o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of October 10, 2017 NORPOR PE 1852 Action Item for the City Council Meeting of October 17, 2017 DATE: October 10, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief of the Police Department MlkeMa@cctexas.com (361) 826-2601 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2(_cctexas.com (361) 826-3169 School Crossing Guards CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with All City Management Services, Inc., Santa Fe Springs, California for school crossing guard services, in accordance with Request for Bid No. 1148, based on the lowest responsive, responsible bid for a total amount not to exceed $360,864, of which $333,105 is funded in FY2017-18 Red Light Photo Fund. The term of this contract will be for 13 months. PURPOSE: This item is to approve a service agreement with All City Management Services for School Crossing Guard Services. BACKGROUND AND FINDINGS: The purpose of the school crossing guard services is to contribute to the safety of school age children as they travel to and from school. This will be accomplished by providing school crossing guards at 30 elementary schools throughout the city. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. Only one bid was received and references came back very negative concerning the firm's performance, so staff rejected bids and went out for bids again. Two bids were received that were deemed responsive and responsible. Staff is recommending the award to the lowest responsive, responsible bidder, All City Management Services, Inc. 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: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $986,072.84 $27,759.00 $1,013,831.84 Encumbered / Expended Amount $504,317.50 $0.00 $504,317.50 This item $333,105.00 $27,759.00 $360,864.00 BALANCE $148,650.34 $0.00 $148,650.34 Fund(s): Red Light Photo Fund Comments: The total contract value not to exceed is $360,864.00. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB 1148 School Crossing Guards All City Management Vets Securing America Santa Fe Springs, CA San Antonio,TX HOURLY Total HOURLY Total ITEM DESCRIPTION ESTIMATED QTY UNIT RATE Price RATE Price 1 School Crossing Guards 25,200 Hour $14.32 $360,864.00 $15.23 $383,796.00 Total $360,864.00 $383,796.00 se a� Va H SERVICE AGREEMENT NO. 1148 ' School Crossing Guard Services THIS School Crossing Guard Services("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and All City Management Services, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide School Crossing Guard Services, Inc. in response to Request for Bid/Proposal No. 1148 ("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 School Crossing Guard Service ("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 13 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional number-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 priorwritten agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $360,864.00, 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 Page 1 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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: Pat Eldgridge Department: Police Department Phone: 361-886-2696 Email: patCcctexas.com & 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 Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 Z 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. 10L 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 Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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: Pat Eldridge Title: Police Management Services Address: Municipal Court, 120 N. Chaparral St., Corpus Christi, TX 78401 Fax: 361- 886-2607 IF TO CONTRACTOR: All City Management Services, Inc. Attn: Harlan Sims Title: Director of Marketing Address: 10440 Pioneer Blvd, Suite 5, Santa Fe Springs, CA 90670 Fax: 310-363-2267 City of Corpus Christi Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 17. Indemnification. 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 AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY CONTRACTOR AND WHICH ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE NEGLIGENT ACT, OMISSION, MISCONDUCT OR FAULT OF CONTRACTOR. 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. (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 City of Corpus Christi Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 (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. 20L Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1 ) C. the Contractor's bid response (Exhibit 2) 22 Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24 Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 CONTRACTO -41 Signature` _. Printed Namm`e,:. - Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name:. Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1 148 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Page 8 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 Attachment A: Scope of Work L General Reg uirements/Background Information The Contractor shall provide School Crossing Guard services as outlined in this Scope of Work. The Contractor is to provide adult supervision and assistance to students crossing streets near schools. Through the use of hand signals, a whistle, and hand-held stop signs, these adult guards will escort students within marked crosswalks in compliance with existing traffic controls such as traffic signals and posted stop signs. The adult guard may interrupt vehicular traffic at uncontrolled (non-signalized) crosswalks as necessary to allow students to cross safely. Guards are not law enforcement officers and are not charged with the responsibility of directing vehicular traffic contrary to existing traffic controls such as posted stop signs and signals. 2. Scope of work A. The Contractor shall provide the services of a competent adult crossing guard at each specified crossing guard location on all such dates and at the times specified herein to provide increased protection and safety for school children crossing the street. B. The Contractor shall: 1 . Provide crossing guard services at each location as identified by the City of Corpus Christi in Exhibit A. The City shall have the right to add, delete, or change crossing guard locations, days or hours at any time upon giving notice to Contractor. 2. Ensure that all crossing guards receive proper training prior to deployment. The Contractor must comply with the laws and codes of the State of Texas and the City of Corpus Christi pertaining to general pedestrian safety in school crossing areas. 3. Ensure that adequate employees are available for the backup of any crossing guard shall be fully trained and familiar with the laws and codes of the State of Texas and the City of Corpus Christi. 4. Guarantee crossing coverage in the event that any person fails to reportfor work at the assigned time and location. 5. Provide experienced field supervisors overseeing the operations at all times the Crossing Guard are on duty. It will be the responsibility of the field supervisors to ensure that all required crossing locations shown in Exhibit A are properly staffed at all times. Page 1 of 7 6. Supply all equipment necessary and/or required by the laws and codes of the State of Texas and the City of Corpus Christi for the school crossing guards to perform duties, to include, but limited to, the following equipment for each guard: uniforms by which they are readily visible and easily recognized as Crossing Guards, signs, traffic vests, whistles, raincoats, and other safety equipment that may be necessary. 3. Work Site and Conditions A. The work shall be performed at 30 elementary schools throughout the city. (See Exhibit A) B. It is estimated that school crossing guard services will be required for a total of approximately 210 days per year. The Contract Administrator will inform the Contractor of the specific dates when they are made available from the School District. C. Approximate School Year scheduling is as follows: 1 . Regular School Year: The Regular School Year (consisting of 180 school days) typically begins in mid-August and is in session through approximately early June, with holidays, breaks and teacher work days that do not require coverage. 2. Extended School Year (Summer School): The Extended School Yeartypically begins in July and is in session for approximately 30 days. 4. Special Instructions A. It is anticipated that thirty (30) school crossing guards will be required for each school day. This is only an estimate and the Contract Administrator will keep the Contractor informed as to the exact number of school crossing guards that will be required at any one time. B. The minimum standards for Crossing Guards are as follows: 1 . Be a minimum of 18 years old. 2. Be able to read, write, and speak English. 3. Be able to communicate clearly and concisely with motorists and pedestrians. 4. Not have any felony or misdemeanor convictions involving crimes against children, or convictions involving any violent crimes. Background checkswill be conducted by the Contractor. 5. Not be registered sex offender or narcotics offender. Background checks will Page 2 of 7 be conducted by the Contractor. 6. Good physical condition, including sight, hearing, and ability to move and maneuver quickly in order to avoid danger from errant vehicles. 7. Ability to control a STOP paddle effectively to provide approaching road users with a clear, fully direct view of the paddle's STOP message during the entire crossing movement and be in compliance with local traffic regulations. 8. Ability to communicate specific instructions clearly, firmly, and courteously. 9. Ability to recognize potentially dangerous traffic situations and warn and manage students in sufficient time to avoid injury. 10. Be mentally alert. 11 . Have a neat appearance. 12. Be of good character. 13.Dependable and have an overall sense of responsibility for the safety of students. C. Drug Testing 1 . As a prerequisite to placement, the Contractor shall conduct Drug Testing as described in Section 4.4.C.2, on every "School Crossing Guard". To this end, the City has zero-tolerance for drug and alcohol abuse. The City complies with the requirements of the Drug Free Workplace Act of 1988 and all drug testing regulations issued by the U.S. Department of Transportation. 2. The Contractor must use a drug testing laboratory certified by the Federal Substance Abuse & Mental Health Services Administration of the United States Department of Health and Human Services and must follow United States Department of Transportation Procedures identified in 49 Code of Federal Regulation, Part 40. Moreover, chain-of-custody procedures will be followed to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. Each specimen submitted for testing will be assayed for the presence of the following compounds: Page 3 of 7 EMIT SCREEN GC/MS DETECTION LEVEL CONFIRMATION DETECTION LEVEL DRUG GROUP n /ml* n /ml* Amphetamines 500 250 Barbiturates 300-1000** 200 Benzodiazepines 300 200 Cocaine Metabolites 150 100 Marijuana Metabolites 50 15 Methadone 300 200 Methaqualone 300 200 Opiate Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 *nonograms/milliliter **The limit of detection varies according to the specific drug and/or metabolite(s) present. 3. At the Contractor's expense, Contractor shall conduct drug testing prior to assignment and placement of School Crossing Guards and will conduct random drug tests, in compliance with the Drug Free Workplace Act of 1988 and all drug testing regulations issued by the U.S. Department of Transportation. The Contractor shall review all drug tests. Any employee of the Contractor failing a drug test shall not be assigned to duty. The Contractor will provide the written results of any drug test within twenty-four (24) hours of City's request for same. D. Background Checks 1 . At the Contractor's expense, Contractor shall conduct a criminal background/history check on all school crossing guards to include sexual predator and sexual offender. Guards with felony arrest history, misdemeanor arrest history involving moral turpitude, or being listed as a sexual predator or offender shall not be assigned as a crossing guard within the City of Corpus Christi without the express written consent of the Chief of Police. The Contractor shall provide the City with the results of the background/history upon request. 2. The Contractor shall mandate that all employees assigned to this contract report any criminal charges brought against them immediately. The Contractor, upon receipt of such information, shall immediately notify the Contract Administrator. Page 4 of 7 3. The Contractor shall conduct annual criminal background history rechecks as stated in paragraph (1 ) above, at no cost to the City for persons assigned to this Contract each summer prior to commencement of the new school year in August. Page 5 of 7 Exhibit A Crossing Guards Locations Item School Guard Days of the Hours of the Day Location Weeks 1 Crockett Belton and Elementary Greenwood Monday 7 am- 9 am; 2:30 pm- 4:30 pm Tuesday - Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 2 Dawson Wapentate and Monday 7am-9am; 2:30 pm-4:30 pm Elementary Grand Junction Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 3 Fannin Gollihar and Monday 7am-9am; 2:30 pm-4:30 pm Elementary Meadowbrook Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 4 Flour Bluff ECC Waldron and Monday 6:30 am- 8:30 am; 2:15 pm- 4:15 pm Purdue Tuesday- Friday 6:30 am-8:15 am; 2:15 pm- 4:15 pm 5 Flour Bluff Waldron and Monday 6:30 am- 8:30 am; 2:15 pm- 4:15 pm Elementary Hustlin Hornet Tuesday- Friday 6:30 am-8:15 am; 2:15 pm- 4:15 pm Flour Bluff Hustlin Hornet 6 Primary and Baffin Bay Monday 6:30 am- 8:30 am; 2:15 pm- 4:15 pm Intermediate Tuesday- Friday 6:30 am-8:15 am; 2:15 pm- 4:15 pm 7 Flour Bluff ISD Waldron and Monday 6:30 am- 8:30 am; 2:15 pm- 4:15 pm Glenoak Tuesday- Friday 6:30 am-8:15 am; 2:15 pm- 4:15 pm 8 George Evans Comanche and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Sam Rankin Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 9 Gloria Hicks Carroll Ln. and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary McArdle Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 10 Kostoryz Kostoryz and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Sokol Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 1 1 Kostoryz Carroll Ln. and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Tiger Ln. Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 12 Los Encinos Frio and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Greenwood Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 13 Luther Jones Yorktown and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Li es Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 14 Meadowbrook Gollihar and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Meadowbrook Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm Page 6 of 7 Item School Guard Days of the Hours of the Day Location Weeks 15 Menger Staples and 15th Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 16 Menger Alameda and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Louisiana Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 17 Mireles Grenoble and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Cimarron Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 18 Montclair Alameda and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Handover Fr. Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 19 Oak Park Leopard and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Elmore Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 20 Oak Park Leopard and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Villa Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 21 Prescott Gollihar and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Prescott Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 22 Rose Shaw Tarlton and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Carver Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 23 Sanders Weber Rd. and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Killarmet Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 24 Schanen Estates Schanen and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Everhart Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 25 Smith Elementary Niles and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Williams Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 26 T.G. Allen S. Brownlee and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Morgan Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 27 T. G. Allen 17th and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Prescott Tuesday- Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 28 Travis Elementary Tarlton and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Churchill Tuesday - Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 29 Windsor Park Alameda and Monday 7 am- 9 am; 2:30 pm- 4:30 pm Elementary Sheridan Tuesday - Friday 7 am- 8:45 am; 2:30 pm-4:30 pm 30 Woodlawn Woodlawn and Elementary McArdle Monday 7 am- 9 am; 2:30 pm- 4:30 pm Page 7 of 7 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI ° BID FORM PURCHASING DIVISION RFB No. 1148 x School Crossing Guards PAGE l OF 1 Date: Juy 19,2017 Authorized All Qty Management SerAws Inc_ Bidder: � Signatur . 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid, 2. Quote your best price for each Nem. 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. d 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. 7 ._ Item Description Estimated Unit Hourly Total QtY Rate Price 1 School Crossin , Guards 25,200 Hour S14.32 380,8x4 Attachment C: - Insurance/Bond Requirements L 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 Contractor Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies b❑e Odor Ee❑e❑t, and a waiver of subrogation e Odor Ee❑e❑t is required on GL, AL and WC if applicable. ECdorEeEe❑t❑must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. CC❑E O❑ =C❑RC❑CE M=MEM =C❑RC❑CE CO❑ER❑❑E SCI✓ Ed=Ee wrC£te❑ EotEe o ❑od❑❑= r❑CCd ❑roCertCD❑❑ =e =Ee❑CtEo CCCo❑Ere Cew=❑ Cter❑Z==Ee Per occurrence - aggregate or ter C =Et Io-❑ re=r-ed o❑ =Eert to =d Co❑D^e C COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises —Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part 11 of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. CoCtrEItor EEreeCtEEtCwCtC re7-eCt to tCe moCe reCCTred Ear=CeE==fir=Ce Co�eC Cre to CoCt=Or be eCdorEed to CoCt=tCe 1-olow=Cre=r-ed Cro�oC= • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal,material change or termination in coverage and not less than ten(10)calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 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. L 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 Purchasing School Crossing Guard Services 04/19/2017 sw Risk Management Page 3 of 3 Attachment C: Insurance/Bond Requirements Bond is not required for this Service Agreement Attachment D: Warranty Requirements Section 8 Warranty of the Service Agreement is null and void. Warranty is not required for this Service Agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-244000 All City Management Services, Inc Santa Fe Springs,CA United States Date Filed: 2 Name of governments entity or state agency that is a party to the contract for which the form is 08/01/2017 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 1148 Provide School Crossing Guard Services and Training Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear,or affirm,under penalty of„per,jury,that the above disclosure is true and correct. lou[$R.MARTIN a COMM, #2161876 NotaryP'u'blic w California 21 0 toot curtly COMM.Exin �,11 - Signature of au homed agent of contracting business e AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said �” y. t ;f + _,this the day of A o6 USZ 20 1'"I to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 se o� � v AGENDA MEMORANDUM NORPORpEO Future Item for the City Council Meeting of October 10, 2017 1852 Action Item for the City Council Meeting of October 17, 2017 DATE: October 10, 2017 TO: Margie C. Rose, City Manager FROM: Richie Quintero, Deputy Fire Chief ichieQ(_cctexas.com (361) 826-3936 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2(_cctexas.com (361) 826-3169 Purchase of a Hazmat Elite Detection System CAPTION: Motion approving the purchase of a HazMat Elite Handheld Detection System from FarrWest Environmental Supply, Inc., from Schertz, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $59,950.00. Funds are budgeted in FY 17-18 Fund 1062 Fire Grant. PURPOSE: This item is to approve the purchase a HazMat Elite Handheld Detection System to be used by both the Corpus Christi Fire Department and Corpus Christi Police Department Bomb Squad. BACKGROUND AND FINDINGS: The Hazmat Elite is next-generation handheld unknown solid and liquid chemical identifier that combines high performance with simplicity and performs an analysis in one minute or less, using Fourier Transformed Infrared spectroscopy. It is also capable of identifying chemical warfare agents, explosives, toxic industrial chemicals, narcotics, and suspicious powders among other dangerous chemical classes. The HazMat Elite will replace Corpus Christi Fire Department's HazMat 360 which went into service in 2007 and was updated in 2011. The technology for this unit is outdated and the manufacturer, Smiths Detection, no longer manufactures or sells this model. Corpus Christi Fire Department Hazmat Unit 12 responds to any chemical spill, release, or fire not only for Corpus Christi but is also a regional asset by Mutual Aid Agreement. The HazMat Elite provides the ability to identify an unknown liquid or solid by the Corpus Christi Fire Department or Corpus Christi Police Department bomb Squad. This piece of equipment would not be used routinely but rather upon contact with an unknown chemical or chemical warfare agent. The device would also be used in training to ensure the Hazmat Unit can use it properly and proficiently. 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: Fire FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $92,662.80 $0.00 $92,662.80 Encumbered / Expended Amount $0.00 $0.00 This item $59,950.00 $0.00 $59,950.00 BALANCE $32,712.80 $0.00 $32,712.80 Fund(s): Fire Grants Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION HAZMAT DETECTION SYSTEM BUYER: ROBERTA ORTIZ TLGPC BUYBOARD: 524-17 FarrWest Environmental Supply Inc. Schertz, Texas UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1. PACKAGE 1 EA $69,950.00 $69,950.00 2. BUYBOARD DISCOUNT 1 EA $1 ,00000 $10,00000 $59,950.00 se o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of October 10, 2017 NORPOR PE 1852 Action Item for the City Council Meeting of October 17, 2017 DATE: September 29, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department Jay II(_cctexas.com (361) 826-3464 Oso Golf Course Claim Settlement CAPTION: Resolution authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of $74,653.67 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. PURPOSE: This item is to approve payment to Foresight Corpus Christi Golf LLC of$74,653.67 to settle a claim due to unforeseen damage to the Oso Golf Course cart barn. BACKGROUND AND FINDINGS: On Friday September 30, 2016, the golf cart barn at Oso Beach Golf Course caught fire and was destroyed. Insurance settlements have been received and appropriated on April 18, 2017 of$95,734.24. On July 25, 2017, City Council approved an ordinance to transfer funds from the General Liability Fund to the No. 4691 Golf Capital Reserve Fund to supplement settlement payments in the amount of$54,265.76. To date, the City Council has authorized payment of existing claims totaling $73,737.14. ALTERNATIVES: Do not authorize payment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This motion conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks and Recreation and Legal Departments FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget — Golf Capital Fund $150,000.00 $150,000.00 Encumbered / Expended Amount $73,737.14 $73,737.14 This item $74,653.67 $74,653.67 BALANCE $1,609.19 $1,609.19 Fund(s): Golf Capital Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Invoice#574904, 574905, 574907 Resolution authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of $74,653.67 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016 Whereas, the golf cart barn at the Oso Beach Golf Course was destroyed by fire on September 30, 2016; 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; and additional funds of$54,265 were appropriated by the City Council for said purpose on July 25, 2017; Whereas, Texas Local Government Code Section 252.022 (a)(3) exempts procurements necessary because of unforeseen damage to public property from competitive bidding requirements; Whereas, the City Council finds that to the extent that any payment provided hereunder constitutes a purchase or acquisition, that such purchase and/or acquisition is declared to be a procurement made because of unforeseen damage to public property and exempted from competitive bidding requirements pursuant to Texas Local Government Code Section 252.022; Whereas, in City Contract No. 2010-396 on October 26, 2010, the City of Corpus Christi ("the City") and Foresight Corpus Christi Golf LLC ("Foresight") entered into a Lease Agreement ("the Lease Agreement") for the Oso Beach Golf Course and the Gabe Lozano Golf Course; Whereas, pursuant to the Lease Agreement, any improvements made to the Oso Beach Golf Course property will inure to the benefit of the City at the expiration ortermination of the Lease Agreement; Whereas, following request by City-employed personnel, Foresight made commitments for improvements and acquisitions for its leasehold on the Oso Beach Golf Course for replacement of the cart barn (the "improvements and acquisitions") including, as follows: steel erection of metal building, overhead doors, related expenses, including electrical work, alarm system and concrete ramps. Whereas, the City Council finds that the City is liable for a claim for the improvements and acquisitions in quantum meruit because (1) valuable services or materials provided by Foresight Corpus Christi Golf LLC to the City, (2) which has accepted the services or materials, (3) under such circumstances as would reasonably notify Foresight Corpus Christi Golf LLC that Foresight Corpus Christi Golf LLC expected to be paid. Now, therefore, be it Resolved 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 Resolution. Section 2. That the City Manager or designee is authorized to settle the claims in quantum meruit for the aforementioned improvements and acquisitions in the amount of$74,653.67. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary 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 FORESIGHT CORPUS CHRISTI GOLF LLC Invoice 512 E BLANCO ROAD SUITE 100 Date Invoice# BOERNE,TX 78006 8125f2017 574904 Bill To City of Corpus Christi 1201 Leopard Street Corpus Christi,TX.78401 P.O.No. Terms Project Quantity Description Rate Amount Dickson Builders,Inc.Invoice#C3293-3 3rd draw for OSO Beach Can Barn Rebuild 35,000.00 35,000.00 8.25% 0.00 Total 535.000.00 FORESIGHT CORPUS CHRIST] GOLD` LLC Invoke 512 E BLANCO ROAD SUITE 100 Date Invoice# BOERNE,TX 78006 9/25/2017 574905 Bill To City of Corpus Christi 1201 Leopard Street Corpus Christi.TX.78401 P.O. No. Terms Project Quantity Description Rate Amount Dickson Builders,Inc.Invoice#C3293-4 4th draw for OSO Beach Cart earn Rebuild 35,000.00 35,000.00 8.25% 0.00 Total $35,000.00 FORESIGHT CORPUS CHRISTI GOLF LLC Invoice 512 E BLANCO ROAD SUITE 100 Date Invoice# BOERNE, TX 78006 92712417 574907 Bill To City of Corpus Christi 1201 Leopard Street Corpus Christi.TX.78401 P.O. No. Terms Project Quantity Description Rate Amount Invoice#30812 from Texas Elccytonic Systems Speciaiists,Inc. Labor&equipment 4,653.67 4,653.67 to replace the existing system that was burned in the fire at the cart barn 8.25% 0.40 Total $4.653.67 i. .. N, a n; r l h r; ��f )7A ii f �Jr VI tl II 1i II i 4'�ir+ �d�llll 111 � I II, 1 i I Illlllillf r U �ivf�IWmy� a�,ti yy rr f ////� ;�%, J uuu II^' IIIIIII!I!I!IIIIIIiii �:I� llw t a ury Vi &cif �:1�' w�m( r/ r f/J � p i i In IIiI4 i f If ��,i II IIUV I I;r j II lj,, 'IN(df A All li �� %( I II'Yllil'II�IY����Illnl��ll!i� LI Y l r / oi41�I rlJlw I'4 ��I DIY �w �/✓�,1� f�, �/,% �,, /�� /f a 11 I�9'u��Y'��I SIV sM ���I�i �IQll�d'III I t ��� I`i / �IIIII � sl IVI uuw '� Nu i i/ � ..... � % SC o� � U NORPORPEAGENDA MEMORANDUM 1852 Future item for the City Council Meeting of October 10, 2017 Action item for the City Council Meeting of October 17, 2017 DATE: October 3, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Engineering Design Contract Corpus Christi Museum of Science and History Floodwall Type A Funds CAPTION: Motion authorizing the City Manager, or designee, to execute a professional services contract with HDR Engineering, Inc., of Corpus Christi, Texas in the amount of $216,871 for the Corpus Christi Museum of Science and History Floodwall project for survey, design, permitting, bid and construction phase services. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a professional services contract with HDR Engineering, Inc., of Corpus Christi, Texas for the Corpus Christi Museum of Science and History Floodwall. BACKGROUND AND FINDINGS: CIP Description: "This recommended improvement is to construct a new floodwall (or a coastal structure) that would extend from the Promenade under the Harbor Bridge to the USACE Bulkhead. This project would also backfill the triangular area between the new wall and existing wall location, to make it function more like a coastal structure, and provide additional land area for future use." Project Background: The Science and History Museum Floodwall is an integral part of the downtown flood protection system. During development of the Preliminary Flood Insurance Rate Maps (FIRMs) for Nueces County (March 2012), the Federal Emergency Management Agency (FEMA) requested documentation from the City of Corpus Christi showing compliance with FEMA's new levee certification process for the floodwall located at the Corpus Christi Museum of Science and History (Museum Floodwall). The Museum Floodwall is the system element most likely to fail in a significant storm event. Failure or overtopping of this wall would result in flooding of landward areas. Based on a study completed by HDR Engineering in December 2015, the Museum Floodwall has several deficiencies that should be corrected so the Museum Floodwall provides a functional level of protection. A project to improve the Museum Floodwall is programmed in the approved Seawall Capital Improvement Plan (CIP). The project site is located on Port of Corpus Christi Authority (POCCA) owned property; therefore, coordination with POCCA is required. Project Scope: A preliminary engineering design was completed by HDR Engineering in April 2017. This Engineering Design Contract will provide survey, final design, permitting, bid, and construction phase services. The recommended improvements will construct a new floodwall (or coastal structure) that extends from the Promenade under the Harbor Bridge to the United States Army Corps of Engineers (USACE) Bulkhead. This project would also backfill the triangular area between the new wall and existing wall location, to make it function more like a coastal structure, and provide additional land area for future use. The design will include sheet piles, concrete erosion protection structures, storm water outfall modifications, eliminating one flood gate that will no longer be required, and provides backfill between the existing flood wall and new wall. The storm water outfall structure contains improvements to prevent storm surge from backing up into the storm water system when water is not being discharged from the line. Coordination with US Army Corp of Engineers (USACE) will be required and is included in this project. This project will also require the acquisition or lease of property from the Port of Corpus Christi. This professional services agreement was presented to the Type A Board on September 18, 2017 and was approved unanimously. ALTERNATIVES: 1. Authorize execution of engineering design contract. (Recommended) 2. Do not authorize execution of engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: HDR Engineering, Inc., was selected for this project as a result of RFQ No. 2016-06 FY 2017 Capital Improvement Projects, Parks Master Plan and Continuation Bond Projects. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts, §2, Article 10 of the City Charter regarding contracts; Conforms to FY 2016-2017 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Type A Board FINANCIAL IMPACT: ❑ Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget $500,000 $2,000,000 $2,500,000 Encumbered / Expended Amount This item 216,871 0 216,871 Future Anticipated Expenditures This 283,129 1,801,937.00 2,085,066 Project BALANCE $0 $198,063 i $198 063 Fund(s): Type A Board RECOMMENDATION: City staff recommends that a professional services contract be awarded to HDR Engineering, Inc., of Corpus Christi, Texas in the amount of $216,871 for the Corpus Christi Museum of Science and History Floodwall. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Form 1295 PROJECT BUDGET ESTIMATE Museum Floodwall PROJECT FUNDS AVAILABLE: TypeA Funds................................................................................................. 2,500,000 TOTAL FUNDS AVAILABLE............................................................................. 2,500,000 FUNDS REQUIRED: Construction Fees: Construction Estimate...................................................................................... 1,650,000 Contingency (10%)........................................................................................ 165,000 Construction Inspection and Testing Fees:........................................................... 144,066 Construction Inspection............................................................... 87,500 Construction Phase - Materials Testing Services .............................. 56,566 LandAcquisition:............................................................................................. TBD Design and Geotechnical Fees:.......................................................................... 216,871 * Engineering Design (HDR ENGINEERING) THIS ITEM................... 216,871 Reimbursement Fees and Miscellaneous:............................................................ 126,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)..... 50,000 Engineering Services (Project Mgt/Constr Mgt)............................... 75,000 Misc. (Printing, Advertising, etc.).................................................. 1,000 TOTAL.......................................................................................................... 2,301,937 ESTIMATED PROJECT BUDGET BALANCE...................................................... 198,063 NUECES BAY 181 N SCALE: N.T.S. �pOR SHIP CHANN qq"° CORPUS CHRISTI LEOPARD PROJECT LOCATION 0 a z eq 0O� pk/N 286 M GP 358 j °R yl OC z '9�'F� F9� CORPUS CHRISTI BAY �2 MOgRp�F cO<<iygR �F �o U�0 S p p OC�N TEXAS A&M UNIVERSITY ff~ y0<<Y CORPUS CHRISTI �O O �Q 358 ZZ Q� �SgRgTOcq��m �r� Mc�Rp<F O CABANISS i OSO BAY CORPUS CHRIS FIELD t� Q NAVAL AIR STA Qv O �v Q� a° FLOUR BLUFF �o Z 358 286 Opp U`S O �v F a Q �oJ o�02 oR�rO GP �� OCATION M P II \\ NOT TO SCALE Project Number: E16319 CORPUS CHRISTI MUSEUM OF CITY COUNCIL EXHIBIT SCIENCE AND HISTORY CITY OF CORPUS CHRISTI,TEXAS FLOODWALL DEPARTMENT OF ENGINEERING SERVICES 4, O � � a V V �V V � O � � U o U � o � o � w V V w . ° r > \f °"Jo 2 »£ \E uw \ }\ � (} b G 7-� / \ // Cl ^ .� 2 R � / dq U) � + EL k > 0 � 7 w � +\ All II . r, _ SIG� U y �r a o� UW 4— xx um uuVuuu'ill,AA �uiiii ; � 1 i i' CCU Q EL r •1'� 0, a � T w ar / �?=E, rid ��%fll� 111YY ��r// r ri%//tri I1 /i � dr� /arrx "Ytavi�0.Vf( J f"m C Jo-CL SIG U y U� a o� U W LU G Z 0 Q �m // LU 00 �� "� r 1� O p " i', J m r" "M LL d LL u / Lu u a m �r u Jo-CL SIG U y U� a o>` U W irr rill Ifffff u O T I uiii'°i�,l� VIIIiuu Vu � uu uuu V O II r :.,U C6 a UW O _0 O cn O N O E •� �j U N N O E v N •— ro O _0v +� -0 4) � o N O a-J O Q1 L V Ln rr ^^ VJ rc}'n O N U O +-+ O -�'e U c �^ ro � ca Q ca -- n N 0 -0 ca O -0 O N aA •N ca O 4- N v E C/) QU Ln O N Q- Cr6 r Q -0 4--+ 3: •O E O M U a-J "l' •cn a-J a--+ (U C/) N U U 4-J -0 � C/) ate-+ C/) O Q U Q cn > • • • • Ln Wo All I I ^^;al-C 1fr� U°' daS Q BnV UW UJ .� Inf I� • ung O Aew N AV 0 O Jew u 0 C)C) qac .c �+ uer ca C) ro 4 AoN O�1 r ^ O Wo :3 v4-j daS a U � V BnV a � O C) U u •�, •• Inf cn 0 O unr U � N Aew , ( _O AV _O N : Q Jew - qac u O Ln -0 uer -0 N ru 00(3U AON 4 � U Wo ca CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16319 — Museum of Science & History Flood Wall The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and HDR ENGINEERING, INC., a Nebraska corporation, 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES ..............................................................................2 ARTICLE II — QUALITY CONTROL.................................................................................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 EXHIBIT A SCOPE OF SERVICES EXHIBIT B SAMPLE PAYMENT REQUEST FORM EXHIBIT B-1 CONFIDENTIAL RATE SHEET EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D DISCLOSURE OF INTEREST EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Contract for Professional Services PAGE 1 OF 12 ARTICLE I —SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 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 Aand A- 4- 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 V party owners/operators. Contract for Professional Services PAGE 2 OF 12 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 $216,871. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule, as shown in Exhibit B-1,with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Contract for Professional Services PAGE 3 OF 12 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 IV-TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 T-hmq shall be for a peried of . . to the expiratin-P d-ate of the prier term. ARY FeR&.V_;3l1_; Sh-All h_R_ _At thP- 6-AMR- tR_.rFn63 -;;Ad GE)Rditicms, p!616 a%f appFE)Ved nhaRgec 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 Contract for Professional Services PAGE 4 OF 12 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 bestjudgment 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 ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs,to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this Contract for Professional Services PAGE 5 OF 12 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. 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& Contract for Professional Services PAGE 6 OF 12 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. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, Contract for Professional Services PAGE 7 OF 12 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 111. ARTICLE XI —CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation Contract for Professional Services PAGE 8 OF 12 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 less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services PAGE 9 OF 12 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 under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, attached as Exhibit E. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf—info—forml295.htm. The form must then be printed, signed, Contract for Professional Services PAGE 10 OF 12 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 HDR ENGINEERING, INC. <2-747 Jeff H. Edmonds, P.E. Arthur B. Colwell, P.E. Date Director of Engineering Services Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401-0850 (361) 696-3300 Office (361) 696-3385 Fax APPROVED AS TO LEGAL FORM I Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services PAGE 11 OF 12 Fund Name Accounting Account Activity No. Amount Unit No. Seawall System CIP 3271-777 550950 El 6319013271 EXP $216,871 Total Contract for Professional Services PAGE 12 OF 12 F)l April 26, 2017 MCN10056367 Rev. 1 May 9, 2017 Rev. 2 July 10, 2017 Rev. 3 August 29, 2017 Mr. Jeff Edmonds, P.E., Director, Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 RE: PROPOSAL FOR FINAL DESIGN OF RETAINING WALL AT MUSEUM OF SCIENCE AND HISTORY(E16319) Dear Mr. Edmonds: Thank you for inviting HDR to submit this proposal for professional engineering services for final design and permitting support for a retaining wall to replace the existing floodwall at the Corpus Christi Museum of Science and History. Having previously performed the preliminary design for this project, and having a local staff of structural engineers and regulatory specialists with experience in waterfront structures, we feel well qualified to help. SCOPE OF SERVICES HDR proposes to provide the following services for this project: Task 1: Engineering Design Based on the City's review and feedback on HDR's previously-submitted 30% design memorandum, HDR will perform detailed engineering analyses and final design for the sheet pile retaining wall. The general limits, alignment, structural configuration, and design criteria will remain as developed during the 30% design. Tasks that will be performed by HDR to advance the project through final design include: • Perform detailed calculations to finalize structural design and develop associated drawing details for the sheet pile retaining wall. ��, • Develop details for the scour protection system along the toe and crest of the wall, particularly for the toe protection near the west end tie-in with the existing adjacent wall along the promenade that extends towards the Harbor Bridge. 11"m f i • Perform analysis to characterize consolidation and settlement of the fill material that would be placed landward of the proposed retaining wall. In particular, perform more detailed analysis of the time and procedure required for pre-loading the soil. I • Develop details for demolition and replacement of the 24" storm drain and concrete flap- �t gate box that crosses the proposed alignment of the sheet pile retaining wall. • Survey property boundaries, easements, and/or right-of-ways within and immediately adjacent to the project footprint. Exhibit A Page 1 of 8 Mr. Jeff Edmonds MCN10056367 August 29,2017 Page 2 • Prepare Procurement Documents (plans and specifications) for soliciting bids from prospective construction contractors. The Procurement Documents will include technical specifications; construction drawings; supporting appendices (including USACE permit and geotechnical data); general and special provisions; a proposal form; and other standard contract forms provided by the City. For the 60% design submittal, HDR will provide preliminary drawings and a Table of Contents for the proposed technical specifications. For the 100% and Final design submittals, HDR will provide drawings and Proposal Packages to the City for interim and final review. A Project Checklist, Drawings Review Checklist, and Plan Executive Summary will be included with each submittal. The following sheets are estimated for the final plan set: 1) Cover Sheet 10) Typical Sections 1 2) General Notes and Legend 11) Typical Sections 2 3) Existing Site Plan 12) Typical Sections 3 4) Demolition Plan 13) Typical Details 1 5) Existing Sections and Details 1 14) Typical Details 2 6) Existing Sections and Details 2 15) Typical Details 3 7) Overall Project Layout 16) Misc Sections & Details 1 8) Enlarged Plan 1 17) Misc Sections & Details 2 9) Enlarged Plan 2 18) Misc Sections & Details 3 HDR will coordinate with the City during the various review stages and provide clarifications as required. Note that the 100% Procurement Documents submittal will serve as a final review package; it will not be signed and sealed by a professional engineer until after the City's final review comments have been incorporated. • With each (60%, 100%, and Final) Procurement Documents submittal, HDR will provide an opinion of probable construction cost (OPCC) that reflects the scope of construction. Developing the OPCC will include researching current market conditions for the anticipated methods and timing of construction, and coordination with the City on project budget. • HDR will participate in the following meetings under Task 1: - Kickoff Meeting: HDR will meet with the City to review the previously-submitted 30% design, and review the goals, objectives, and schedule for final design. - 60% Design Submittal Meeting - 60% Design Review Meeting - 100% Design Review Meeting Task 2: USACE Regulatory Coordination As part of the previous (30% design) effort, HDR provided a cursory review of the U.S. Army Corps of Engineers (USACE) permitting considerations for the proposed sheet pile retaining wall concept. Based on this review, USACE regulatory coordination is proposed as follows: 2.1 Section 101404 Coordination HDR's previous review led to the conclusion that, pending confirmation that the project will not impact jurisdictional wetlands, a formal Section 101404 regulatory permit is unlikely to be Exhibit A Page 2 of 8 Mr. Jeff Edmonds MCN10056367 August 29, 2017 Page 3 required. In order to verify that jurisdictional wetlands are not present at the site, a formal site investigation is proposed. The investigation will include manually digging several shallow test holes to verify that hydric sols, hydric vegetation, and hydrology are not present at the site. Results of the investigation will be submitted to USACE along with a letter requesting that construction of the retaining wall qualifies for a "no permit required" decision. The typical timeframe to receive a letter from USACE indicating that no permit will be required ranges from 1 to 3 months. 2.2 Section 408 Coordination Because the proposed retaining wall will tie into an existing USACE constructed retaining wall, coordination with USACE regarding Section 408 Review will be required. A letter of Interest (LOI), accompanied by the 60% drawings developed under Task 1, will be submitted to the USACE District office to initiate Section 408 review and determine if the project is considered a minor or complex project. Based on initial review of the proposed retaining wall, the project will most likely be considered minor and qualify for a Categorical Permission request. The typical timeframe for issuance of a minor Section 408 permit is 1 to 3 months. If the project is determined to be more complex or major, a more extensive review process will be required by the USACE District PM. In this case HDR will perform coordination with the non-federal partner (Port of Corpus Christi) and USACE District PM. The typical timeframe for issuance of a major 408 review is 12 to 18 months. 2.3 Real Estate Coordination Although the proposed project is anticipated to result in "no federal interest" with the USACE Real Estate Division, a real estate license application must be submitted in order to receive an official "no federal interest" decision. Coordination with the USACE Real Estate Department will be necessary because the proposed retaining wall is likely located within the USACE Navigation Easement or potentially within a Federally-controlled land tract. A USACE Real Estate License application, corresponding permit drawings, and CAD or GIS shape files of the retaining wall will be submitted to determine whether the proposed retaining wall falls within an area of Federal interest. The USACE Real Estate process will result in either a "no federal interest" decision or issuance of a Real Estate License for the proposed project. The typical timeframe for a "no federal interest" decision is 3 to 6 months. The typical timeframe to receive a Real Estate License (once application is submitted) is 12 months. Task 3: Bidding-Phase Services This task includes supporting the City during the bidding phase of the project. HDR's services under this task include the following: • Assist the City in solicitation of bids by identification of prospective bidders. • Participate in a pre-bid conference with prospective construction contractors and City staff. HDR will prepare a technical agenda as an insert to the overall meeting agenda prepared by the City, facilitate technical discussion, and provide meeting notes to City. • Support the City's solicitation process by assisting with the issuance of addenda and providing answers to technical questions from prospective contractors regarding the bid documents. Exhibit A Page 3 of 8 Mr.Jeff Edmonds MCN10056367 August 29, 2017 Page 4 • Attend bid opening, prepare bid tabulation, and assist the City in evaluating the qualifications of the prospective contractors, subcontractors, and supplies. Task 4: Construction Administration Services This task includes construction administration and observation activities to review the status of construction and the construction contractor's (Contractor's) general compliance with the Contract Documents and design intent. The services under this task will include the following: • Participate in a Pre-Construction Conference (PCC) with the City, the City's designated resident project representative(RPR), and selected Contractor. • HDR has assumed general construction administration services will be required for 12 months (48 weeks). This task includes general construction administration including responding to RFI's, and issuing Engineer's Supplemental Instruction (ESI) and Work Change Directives (i.e., Engineer's Clarification-Interpretation), in accordance with the City's established change order process, as defined in the Contract Documents. • HDR will review and process Contractor's submittals as may be required by the Contract Documents, including the Contractor's initial Schedule of Values and proposed construction schedule. HDR will also prepare a monthly submittal log to help track status of required submittals. • HDR will review and process Contractor's field and laboratory tests as may be required by the Contract Documents. • HDR's project manager or project engineer will travel to the project site approximately once per month, plus perform six additional site visits, for a total of 18 site visits during active construction (the duration of "active construction" is assumed to be 12 months). Twelve (12) of these trips (or one per month) will be for combined site visits and routine construction progress meetings with Contractor, RPR, and the City. The remaining six trips will be for stand-alone site visits. During site visits, HDR will observe general status of work and assist RPR with monitoring the general progress of the construction activities. HDR will prepare a site visit report for each site visit and minutes for each of the construction progress meetings. • Upon substantial completion of construction, HDR will visit the site, perform a substantial completion inspection with the RPR and the City, and issue a punch list for any remaining work items. Following the contractor's completion of the punch list items, HDR will perform a final inspection with the RPR and the City. HDR will issue site visit reports for both inspections and prepare a Certificate of Substantial Completion and a Certificate of Final Completion for signature by HDR, Contractor, and the City. • Upon completion of construction, HDR will obtain and review the "red-line" drawings prepared by Contractor and the City's RPR. This information will then be applied by HDR to develop record drawings. The record drawings will be provided to the City in AutoCAD and PDF format. HDR will also prepare a Close Out Project Summary which will summarize all Change Orders issued by the City, including cause and cost. Exhibit A Page 4of8 Mr. Jeff Edmonds MCN10056367 August 29, 2017 Page 5 ASSUMPTIONS AND LIMITATIONS HDR's proposal for the services and fee described herein is based on the following assumptions and limitations: 1. In accordance with the previous criteria developed by HDR and approved by the City as part of the 30% design, the retaining wall will not be designed to withstand barge impacts. 2. The City has not yet developed an overall plan for how the space around the proposed retaining wall will be developed for public use. HDR's scope does not include design of public-use and/or maintenance features such as ramps, benches, stairways, walkways, informational signs, etc.; aesthetic or architectural features such as treatment of the concrete facade along the outer (exposed) side of the retaining wall; and/or landscaping. 3. HDR has not budgeted for development of a formal design calculations summary package. If a design calculations package is desired by the City, this information can be prepared by HDR through a contract amendment. 4. This scope does not include preparation of a USACE Section 10/404 permit application under the assumption that a "no permit required" decision will be issued by USACE. Additional coordination and time would be necessary to develop a USACE Section 10/404 permit application if jurisdictional waters, including wetlands, are present. If a Section 10/404 permit is required, HDR will prepare the permit application through a contract amendment if desired/requested by the City. 5. Section 408 coordination is for issuance of a minor Section 408 permit. Additional coordination and any major requests related to a major Section 408 permit would be included in a contract amendment is desired/requested by the City; HDR anticipates minor coordination for a "no interest" decision or real estate license for the proposed project. Additional coordination or major requests related to real estate would be included in a contract amendment. 6. The OPCC will be developed on the basis of HDR's experience and qualifications, and will represent our judgment as experienced and qualified professional engineers generally familiar with this industry. However, because HDR has no control over the costs of labor, materials, equipment, or services furnished by others, or over the contractor's methods of determining prices, or over competitive bidding and market conditions, HDR cannot and does not guarantee that proposals, bids, or actual project costs will match our OPCC. If the City desires greater assurance on probable construction costs, consideration should be given to retaining an independent cost estimator. 7. The City will distribute Procurement Documents (construction bid packages) to prospective contractors and coordinate with commercial plan rooms. In the event HDR is requested to distribute hard copies of the Procurement Documents to prospective contractors, HDR will produce and distribute hard copies for a set deposit amount. 8. City's construction department will review and process construction contractor's pay requests (invoices), and issue/process any needed construction change orders, without review or assistance from HDR. 9. In the event the lowest responsible bidder's bid exceeds the City's project budget, HDR will confer with City staff on any desired revisions to the bid documents, and will Exhibit A Page 5 of 8 Mr. Jeff Edmonds MCN10056367 August 29, 2017 Page 6 then negotiate a contract amendment for implementation of these revisions and associated re-bidding. 10. HDR's scope does not include participation in, or presentation at, City Council or Type A or B Board meetings. 11. HDR has not budgeted for coordination of and/or participation in additional phases of design review by third parties including the Port of Corpus Christi Authority. All design review comments will be gathered and compiled by the City and provided to HDR as part of the design review milestones described under Task 1. 12. It is understood that the City's overall goals for this project and the related Salt Flats Levee Improvements project (E12070) are focused on functional improvements to the higher-priority flooding vulnerabilities that were previously identified in HDR's risk register, to the extent they can be accomplished within the City's current budget. The City and HDR are approaching design of the improvements such that they could support a future FEMA certification effort if the City eventually pursues certification, but as stand-alone improvements they will not necessarily accomplish everything required for certification. It is HDR's understanding that the City recognizes that FEMA may not reduce their proposed flood depths, as shown on the preliminary FIRMs, for the downtown bayfront area until the Salt Flats Levee and museum retaining wall have been certified. It is also HDR's understanding that the City is not requesting certification of the retaining wall as part of the current scope. FEE, DELIVERABLES,AND SCHEDULE HDR proposes to provide these services for a fee of $216,871 as shown in the table below. Tasks 1, 2, and 3 will be performed on a Lump Sum basis. Task 4 will be performed on a Time and Materials basis in accordance with the attached Schedule of Rates (1-17). Please note that HDR's rate schedule is subject to revision in January of each year. It is our understanding that the City is currently finalizing contract terms and conditions under which these services would be provided. HDR requests review and agreement to these terms and conditions prior to execution of a contract. Any work outside the proposed Scope will be added, with authorization from the City, through a formal Scope Change Document and associated fee agreement. This proposal is valid for 45 days from the date of this letter. Exhibit A Page 6 of 8 Mr. Jeff Edmonds MCN10056367 August 29,2017 Page 7 Approximate Approximate Task Deliverables Schedule for Amount per Completion Task - Boundary Survey: Plat of tracts and boundaries showing record property owners in AutoCAD ad PDF format. - Boundary Survey: - 60% Submittal: One digital copy in PDF format of the 45 Days from NTP drawings, specifications table of contents, and OPCC. - 100% (Pre-Final) Submittal: One digital copy of the drawings, - 60%Submittal: specifications, and OPCC at the Pre-Final stage.The 90 Days from NTP 1. Engineering drawings and specifications (including City-provided front end $140,229 Design documents)will be included. The OPCC will be in the format - 100%Submittal: (Lump Sum) of the Bid Tabulation. 180 Days from NTP - Final Submittal: One 22"x34" (or 11"x17") unbound set of hard copy drawings, 8'h"x11" unbound set of technical - Final Submittal: specifications and front-end documents, and bid form of the 240 Days from NTP i ISSUED FOR BIDS set, suitable for reproduction. ...........................................................................................................__.._................................_................................._..................................._...._............................... - Formal Site Investigation: 14 - Formal Site Investigation: Site investigation report and figures days from NTP (PDF file). - Section 10/404 - Section 10/404 Permit Request Submittal: One digital and Permit Request hard copy in PDF format of USACE letter request for a"no Submittal: 90 days 2. USACE permit required"decision with results of the formal site from NTP $32,655 (Lump Regulatory investigation. Coordination - Section 408 LOI Sum) - Section 408 Letter of Interest Submittal: One digital and hard Submittal: 90 days copy in PDF format of LOI (incl 60%design plans). from NTP - Real Estate License Application Submittal: One digital copy in - Real Estate License PDF format of the Real Estate License/Outg rant application. Application Submittal: 90 days from NTP ..........................................................................................................................._.................................. One digital copy in PDF format of the following: Schedule is - Draft Notice to Bidders; dependent on City. - Technical agenda for, and meeting notes from, pre-bid Award 3. Bidding-Phase conference; recommendation letter $7,653 Services - Addenda and/or responses to questions required during the will be provided within (Lump Sum) bidding phase. 14 days of HDR's - Recommendation for A. ....................................................................................................................._.................;__........._.........-----..............................................................._........_......._............................................._........ One digital copy in PDF format of the following: Schedule dependent - Technical agenda for, and meeting notes from, pre- on construction construction conference and construction progress meetings; ; contract. Duration of - RFI's and Work Change Directives required during active construction 4. Construction construction; assumed to be 12 $36,334 Administration - Monthly Submittal Log; mos. Record (T&M) Services - Site Visit Reports; drawings will be - Substantial Completion Certificate and Punch List; provided within 30 - Final Completion Certificate; days of construction - Record Drawings (PDF and AutoCAD format); contract completion - Close Out Project Summary. date. ....._.............................................._........................................................................._....._.......---........................._._..__............._....,..__..._............................................__........_...............................;.......................................................- Total Proposed Fee: $216,871 ..................................... ..............................................__..............__..._.._.......__.._..................................................._....__....._........................__.............__._................................................_........................._ Note: Actual schedule for all deliverables is dependent on HDR's receipt of review comments and other needed feedback from City. HDR has assumed three weeks for City review of deliverables. Exhibit A Page 7 of 8 Mr. Jeff Edmonds MSN10050367 August 28. 2017 Page Thank you again for considering us for this project. Please do not hesitate to contact [}an Heilman at 361-696-3344 if you have questions or require any additional information. Sinoans|y. HDR ENGINEERING, INC. Daniel J. Hei|nnan, P.E. Arthur B. Co|vveU, P.E. Project Manager VinePnesident/Kqanoging Principal Co: Sarah West, P.E., C.F.M.' City ofCorpus Christi Attachment A: [Wonhour and Expense Estimate (Dated 8/23/17) Attachment B: HDR Schedule ofRates (1-17) � Exhibit 0 0 0 0 0 0 0 0 0 0 0 0 � 0 0 0 0 0 0 0 0 0 0 0 0 r a 0 0 0 0 C 7 O o 0 m m m Cn CIO C() � `o � O Q 0 0 0 0 0 CC) 0 0 ~ ~ ~ O O O C� e c o i E O Cid Co N CO N `o � Uo d O LU -0 U (1) Q (1) O O 00 O O O O Q Q Q O 00 O E E T O O O O O o 0 o m m m o 0 0 0 Co 0 CO a 0 0 0 0 0 0 01- 1- 0 1- 1- n (If E V «> O Cid O Cf) O N N Cf) ItT CA Cid I- Cf) r- Cf) 0 N r- N CA 09, C6 Lf) Lf) Ili CA E 2 Cf} EA EA EA EA EA EA EA EA EA � m O O O O O o 0 o 0 0 0 0 OO O O O O O O O O O m m m 0 O O O CUV O O O O O 0 0 0 � � � 0 000 4Z 0 0O «> 613- O O Cf} Cf} O O O O 0 Lr� LO LO LO LO > _ _ - EA EA EA EA EA a C4 cli 613- C6 O O O O O o 0 o 0 0 0 0 O O O N O O O O O O O O m m m 0 O O O = 000000 0 0 0 � � � 0 000 O V O O «> Cf} O 60 60 60 60 O 60 O 0 O LO LO LO LO > - 09' L t= 6'3- 0 f}O O 00 O O O O Q Q Q O 00 O 9 0 0 0 0 0 0 o m m m o 0 0 0 06 V 0 0 0 0 0 0 0 0 H H H O 0 0 0 i '0 Cf} 0 Cf} Cf} O 0 Cf} Cf} O 00 0 `- WL O O LO LO O Cn LO > ati r 613- M H X le N M U S N W9 0 0 0 0 0 0 o p p p o 0 0 0 � o 9 0 0 0 N 0 0 'r,o ti ti o ti� w ti m i 0 0 W) 0 W) O LO le a) Z Z N N }' O O 1- Lo O tD 1- N 1a) +O' H p M M 00 N T- T- I 00 I N W V V U E!> Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} 69- r +. rte, W D > V O O O O O o 0 o 0 0 00 O O O iL a .0 N O O O O O O O O m m m 0 O O O a) > 0 0 0 0 0 0 0 01- 1- 0 1- a 0 r_ Z 613 ER LO O LO ER 60- N N LO N A N V - N O N 0 0 N 0 00 U Cf} _ _ _ _ _ _ E Ef} EA EA EA EA EA 6 N O 0 0 00 0 0 0 o 0 Do 0 00 O (TJ O O 99 O O O O m m m 0 99 O 1 Z 0 0 0 00 0 0 0 0 0 00 O Z « O « « O 60- C4 60- C4 00 C4 C4U _ _ _ ° E EA EA EA EA EA EA a ° O O 00 O o 0 o 0 Do o 00 O o � 9 0 0 0 0 0 0 o m m m o 0 0 9 a o 0 0 0 0 0 0 0 0 � � � 0 0 0 0 L 0 0 0 0 0 O Cf} Cf} O O O O 0 o CC) Cf) 0 O O O O O L O - N 66 N 0 N N 0 N 0 O U Ef} EA EA EA EA EA EA EA EA _rz +. O (TJ N U_ N (TJ U N N1 (n N LL ° NU) co co a) V N a) a) a) N a .co d cNo L O ° � Q coo o p U d N o += cLo 2i Q o E y Q) 0- U) .5 .N C= - " Q �. Q E .N 7 4 w a) 0- a) _0 o = N U =3 co O o m m a Q m 0 cn a a � � a 0 cn cn co m Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to 1 Rev 04/17 submit a copy of the replacement certificate of insurance to City at the address provided 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. 2 Rev 04/17 SUPPLIER NUMBER TO BE ASSIGNED BY — CITY--PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 1 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: P.O.BOX: STREET ADDRESS: 5' `" Al - � Y: FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other 8 DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A 4. State the naives of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT"D" Page I of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: 4„ � �.� �Title: �" ��, (Type or Print) Signature of Certifying Date: Person: '� w w . ;4;� 17 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional,industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT"D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FARM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-228458 HDR Engineering, Inc. Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/26/2017 being filed. City of Corpus Christi,TX 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. i E16319 Museum of Science&History Flood Wall Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary HDR, Inc. Omaha, NE United States X O'Reilly, Charles Boston, MA United States X Felker, Brent Davis,CA United States X Keen, Eric Omaha, NE United States X Little, George Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 A �11T.® I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. .w JUDY COIN Notary ID# 2066276 My Commission Expires � �4rrof ,►* September 30, 2020 ,s 116111, Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said �t I1�2 ? G tJ this the day of J tl , 20 ,to certify which,witness my hand and seal of office. Si ature of o cer administering oath Printed name of otti er administering oath Title of officer admin' tering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 Exhibit E Page 1 of 1 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—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 Article12—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 Article18—Miscellaneous..........................................................................................................................14 Excerpt from Form 00 72 00 General Conditions- 1 Exhibit F Page 1 of 14 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined,terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement -The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment-The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents-The Bidding Requirements,the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds- Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions-2 Exhibit F Page 2 of 14 13. Change Proposal -A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim -A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern -Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products,wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act,42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents-Those items designated as Contract Documents in the Agreement. 20. Contract Price-The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions-3 Exhibit F Page 3 of 14 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team -Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective-When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer-The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings -The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract-The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions-4 Exhibit F Page 4 of 14 31. Indemnified Costs-All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations -Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens -Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification -Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award -The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer(the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR-The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees- Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Proiect Team or OPT-The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use- Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions-5 Exhibit F Page 5 of 14 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR -The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site- Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications-The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions-The part of the Contract that amends or supplements the General Conditions. 56. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data -Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions-6 Exhibit F Page 6 of 14 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities-All underground pipelines, conduits, ducts, cables,wires, manholes, vaults,tanks,tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products,telephone or other communications,fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions-7 Exhibit F Page 7 of 14 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions-8 Exhibit F Page 8 of 14 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual/administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions-9 Exhibit F Page 9 of 14 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions- 10 Exhibit F Page 10 of 14 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions- 11 Exhibit F Page 11 of 14 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions- 12 Exhibit F Page 12 of 14 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual/administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual/ administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions- 13 Exhibit F Page 13 of 14 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CLAIMS ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16—SUSPENSION OF WORK AND TERMINATION ARTICLE 17—FINAL RESOLUTION OF DISPUTES ARTICLE 18—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions- 14 Exhibit F Page 14 of 14 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-228458 HDR Engineering, Inc. Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/26/2017 being filed. City of Corpus Christi,TX 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. i E16319 Museum of Science&History Flood Wall 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary HDR, Inc. Omaha, NE United States X O'Reilly, Charles Boston, MA United States X Felker, Brent Davis,CA United States X Keen, Eric Omaha, NE United States X Little, George Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 A I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. .w JUDY COIN Notary ID#2066276 My Commission Expires ' �.,� ,�.►* September 30, 2020 oms 16111, ,,. ..Signature of authorized ag ent of contracting ntracting busine ss entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said �t 1 . ? GR1 this the day of , 20 ,to certify which,witness my hand and seal of office. w" ��. . tA Si ature of o cer administering oath Printed name of ofti er administering oath Title of officer admin' tering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 se j2 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 10, 2017 - Action Item for the City Council Meeting October 17, 2017 DATE: October 10, 2017 TO: Margie C. Rose, City Manager FROM: Rebecca Huerta, City Secretary re becca h(a-)cctexas.com (361) 826-3105 Disbursement of Council Member Paulette M. Guajardo's FY2017/2018 Salary CAPTION: Motion authorizing the City Manager or designee to execute an agreement with 911 Park Place d.b.a. Mission 911, a Texas non-profit corporation, of Corpus Christi Texas, in the amount of $6,459.00, to be funded by Council Member Paulette M. Guajardo's FY2017/2018 budgeted city council salary and associated payroll taxes, which are not to be received by Council Member Guajardo, in support of programs provided by 911 Park Place d.b.a. Mission 911 in the City of Corpus Christi, Texas. PURPOSE: Council Member Paulette M. Guajardo has chosen to dedicate her FY2017/2018 budgeted city council salary and associated payroll taxes to fund programs, on a cost reimbursement basis, provided by a non-profit organization, that meet a public purpose in the City of Corpus Christi. 911 Park Place d.b.a. Mission 911 is Council Member Guajardo's selected non-profit organization. BACKGROUND AND FINDINGS: Council Member Paulette M. Guajardo has requested that her annual salary be dedicated toward a public purpose. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Legal Department Budget Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $54,242.40 $0 $54,242.40 Encumbered / Expended Amount $0 $0 $0 This item $6,459.00 $0 $6,459.00 BALANCE $47,783.40 $0 $47,783.40 Fund(s): General Fund Comments: None. RECOMMENDATION: Staff recommends approval of the motion. LIST OF SUPPORTING DOCUMENTS: Agreement AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF 911 PARK PLACE D.B.A. MISSION 911 Whereas City Council Member PaLilette M. CTuajardo (`Council Member") has waived her FY 2017'-18 City Council annual salary which has made the funds available for other City service program agreements, Now, therefore, the City of Corpus Christi (the "City") and 911 Park Place d.b.a. Mission 911, a Texas non-profit corporation, (the "Contractor"), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides assistance to the homeless and individuals struggling with poverty by providing housing, life skills training and education ("Programs"). 2. The City will reimburse the Contractor for Contractor's costs incurred to provide the Programs during the period of October 1, 2017 through September 30, 2018, in the amount not to exceed $538.25 for each month., beginning October 1, 2017, that the Council Member holds office,, up to a maximum reimbursement amount of$6,45,9.00 3. A single request for reimbursement, along with receipts of expenses being requested for reimbursement, in the amount not to exceed$6,459, shall be submitted by the:Contractor to the City Secretary, 1201 Leopard, Corpus Christi, Texas, 78401 on or after August 1, 2018 and oil or before September 14, 2018. 4. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 5. The Conti-actor shall allow the City to review the books and records of the Contractor to monitor the disposition of the: funds paid under this Agreement. Such review of books and records would take place during Contractor's normal business hours and may include an audit, to be paid for by the City. 6. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated,without the express and prior written approval of the City Manager, or designee, the Contractor shall repay the City funds within. thirty(30) days of written notice. 7. Contractor agrees to indemnify and hold City, its officers, employees or agents ("Indemnifees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused by, or be in any way connected with., either proximately or remotely, wholly or' in part, Contractor's performance of this Agreement; an act or omission., negligence or misconduct on the part of Contractor, or any of its agents, servants,, contractors,, or employees in performance of this Agreement. 8. This Agreement may be amended at any time by written agreement of the City and the Contractor. Notices to the Contractor shall be addressed to: President, 911 Park Avenue d.b.a. Mission 911, Corpus Christi, Texas, 78401. Notices to the City shall be addressed to: City Secretary, Office of the City Secretary, P.O. Box 9277, Corpus Christi, Texas, 78469. 9. This Agreement becomes effective upon execution by the City Manager. SIGNED AND AGREED UPON: 911 PA LACJ . MISSION 911 Tony Date President, CITY OF CORPUS CHRISTI Margie C. Rose Date City Manager ATTEST: Rebecca Huerta Date City Secretary ................................ ............................. .................................. ...................... Us C CITY OF CORPUS CHRISTI 0 DISCLOSURE OF INTEREST 18,152 Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business,with the City to provide the following information. Every question must be answered. If the question, is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: C) 17 P. C. BOX: STREET ADDRESS: t4 CITY: b,,' S ris -/ STATE: ZIP: FIRM IS: 1. Corporation 2.PartnersNp 3.Sole Owner 4. Association . .Other H 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." NameTifie ;17 o J/t � ................................... ................. ..................................____....... ......................................... ........... .............. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee ................................................. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm," Name Consultant ................ FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur, Certifying Person: Title: f�-7L- (--k Signature of Certifying PersoD-, Date, DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if if is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee," Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas, f. "Ownership I nteresf."Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 If there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-263148 Mission 911 Corpus Christi,TX United States Date Filed 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09120/2017 being filed. The City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2017-002 Transitional Housing, Cental Clinic,TXU Energy Aid 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Reyes,Tony Corpus Christi,TX United States X Rabon, Justin Corpus Christi,TX United States X 5 Check only if there is NO Interested Party. E] Srj disclosure is true and correct. 6 AFFID AVI T I swear,or affirm,under penal I perjury, a-he above disclosure 1 r_j1 (3HARON J KNOPP �x 'tal of Texas 7t -tale of Texas �0�fy Public 1, it Jy Cornm,ission Expires APRILI �jl_1 7� 2018 PRIL 17, 2018 EZ, Si#aturtfNNzhQ agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE A- d,�A J0 Sworn to and subscribed before me,by the said this the day 20 to certify which,wftness my hand and-seal of o"Ifice'.............. Signature of office22 tmin�stering oath E�('miorstiring o Printed name of officer administering oath Title of officr ad Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 se O H U NORPOAAEAGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of October 10, 2017 Second Reading for the City Council Meeting of October 17, 2017 DATE: September 19, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Public Hearing and First Reading - Rezoning Property Located at 7601 Yorktown Boulevard CAPTION: Case No. 0617-Gulfway Shopping Center: A change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District. The property is described as being 27.20 acres out of Lot 5, Section 24 and Lots 21 and 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard, east of Rodd Field Road, and west of Starry Road. PURPOSE: This property will be developed as a continuation of Rancho Vista Subdivision and will be developed in several phases. The first two phases will each contain 39 single family lots with widths varying from 60 feet to 70 feet with an average lot size of 7,750 square feet. RECOMMENDATION: Planning Commission and Staff Recommendation (August 23, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Vote Results: For: 8 Against: 0 Absent: 1 Abstained: 0 BACKGROUND AND FINDINGS: "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District to allow for the construction of the continuation of Rancho Vista Subdivision and will be developed in several phases. The first two phases will each contain 39 single family lots with widths varying from 60 feet to 70 feet with an average lot size of 7,750 square feet. The proposed rezoning to the "RS-4.5" Single Family 4.5 District is consistent with the adopted Future Land Use Map, PlanCC, the Southside Area Development Plan, and past rezoning decisions. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area, which are also medium density residential. This rezoning does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning is consistent with the Future Land Use Map, PlanCC, the Southside Area Development Plan, and past rezoning decisions. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) 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 Gulfway Shopping Center ("Owner"), by changing the UDC Zoning Map in reference to 27.20 acres out of Lot 5, Section 24 and Lots 21 and 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 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 Gulfway Shopping Center ("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, August 23, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District, and on Tuesday, October 107 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 Gulfway Shopping Center("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City") is amended by changing the zoning on a property described as 27.20 acres out of Lot 5, Section 24 and Lots 21 and 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard, east of Rodd Field Road, and west of Starry Road (the "Property"), from "FR" Farm Rural District to the the "RS-4.5" Single Family 4.5 District (Zoning Map No. 042029), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-04 Gulfway Shopping Center\Council Documents\0rdinance_0617- 04_Gulfway Shopping Center.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 , 20177 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 , 20177 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\0617-04 Gulfway Shopping Center\Council Documents\Ordinance_0617- 04_Gulfway Shopping Center.docx Page 3 of 3 u ROAN ENGINEERING Job No.41934.137.04 May 28,2017 Revised: July G,20117 Exhibit A 27,20 Acres Zoning Track STATE car TEXAS COUNTY OF 1w1IJEIC: 'S Fieldnotes,liar a 2720 Acre Tract,of Lot 5, Section 24 and Lots 21 and 28, Section 25, Flour Bluff an(] Encinal Farm and Garden Tracts, a map of which is recorded in Voltnnc A, Pages 41-43, Map Records of Nueces County, Texas and being; a portion of the same property described in Warrarily Deed with Vendor's Lien from 7'hehna C. Peterson and.Robert Ervin I'elerson to Gulfeway Shopping Center, recorded in Document No, 20040346656 , Official Public Records ofNucces County,Texas; said 27.20 Acres being more fully described by metes and bounds as follows: Commencing,at as 5/8 Inch Iran Rod with plastic cap stamped"URBAN ENC11t CC TV Found,on the Northwest boundary of the said Lot 21,Section 25, d%ar the South corner ofLot 16A, Block 2, Rancho V'isla Subdivision Unit 4, a map of which is recorded in Volume 67,Pages 54 and 55,Map Records of Nueccs County,Texas,and the bast corner of Lot 16,the said Black 2; Thence, South 2.23"42'09" West, with the cornnion boundary oaf'the said Block 2, an(] Section 25, 5.00 Feet, to the Point of Beginning and(*forth corner ol`this Tract; Thence, South 6 1"17°51" Fast, 66Q 15 Feet, to a point on the Norlliwwrest boundary of`Lot 22, said Section 25 and tlaeSoutheast boundary of the said Lot 2'1,For tire Fast corner of"this Tract; Thence, South 28142'29" West, at 350.00 Feet, pass a 5/8 Inch 'Iron Rod with plastic cap stamped "URBAN ENGR cc TX"" Found, for the common corner of l'.,ots 21,22,27 and 28,ofthe said Section 25, in all a distance of 1800,00 Feet,for the South corner ofthis Tract; Tberrce with the Southwest boundary of this Tract as follows: • North(i1"'17'5'1"West, 154,98 Fect; • North 28'42'09"East, 10,00 Feet; • North fol'1 T51"West,335.00 Feet; • South 28142"09"West, 10.00 Feet; Thence,North 6I'll T51"West, a distance of 1.70.00 Feet to a point on the common boundary of Lots 4 and 5,the said Section 24, tear telae West corner of this Tract; "'I"hence,North 25*42°09°"East, at 55,00 F'cet,pasts a 5/13 Inch Iran Rod wvith plastic cap stamped-URBAN f sNCIR CC"1'V FOUnd, for the South corner of Il,ot 1„ Block 28, Rancho Vista Subdivision Unit 11,a rnarla of which is recorded in Voluane 68,Pages 406 and 407, Map Records of Nueces County, Texas, in all to distance of 1800.00 Feet, to the Point of Beginning, containing 27.20 Acres (1„184,771 Square Feet)of land,more or less. Grid Bearings and Distances shown hereon are ref'crenced to the Texas Coordinate System of'1983, Texas ;ouch Zone 4205, and are based on the North American Datum of 1983(20111)F;poch 2010.00. Unless this fieldnotes description, including preamble, seal and signature Ards,ili i 'rety, era it original Iaarrn, sury y r, aissumas no responsibility for its accuracy. � % R;. Also r•ef i-enee oaccorrymn.Ying sketch of t'wel elesc:4bect herc>r"rr. rIn � El .fames 17 Carr„R.P.L.S. 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O � c� O � � u O _� � � bA � � •� c� � � +� C� � di C� ��� � . �i �� �. �� PLANNING COMMISSION FINAL REPORT Case No. 0617-04 INFOR No. 17ZN1024 Planning Commission Hearing Date: August 23, 2017 Owner: Gulfway Shopping Center Applicant/Representative: Xavier Galvan, Urban Engineering Location Address: 7601 Yorktown Boulevard •Q J •q Legal Description: Being 27.20 acres out of Lot 5, Section 24 and Lots 21 and a w 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the o south side of Yorktown Boulevard, east of Rodd Field Road, and west of Starry Road From: "FR" Farm Rural District +•, To: "RS-4.5" Single-Family 4.5 District Area: 27.20 acres 'F_ Purpose of Request: This property will be developed as a continuation of Cr 0 Rancho Vista Subdivision and will be developed in several phases. The first two phases will each contain 39 single family lots with widths varying from 60 feet to 70 feet with an average lot size of 7,750 square feet. Existing Zoning District Existing Land Future Land Use Site "FR" Farm Rural District Agricultural Medium Density Residential a' yMedium Density •� ? North "FR" Farm Rural District Agricultural 0 Residential C South "FR" Farm Rural District Agricultural Medium Density J Residential y East "RS-4.5" Single-Family 4.5 Vacant Medium Density Residential Lu West "RS-4.5" Single-Family 4.5 Low Density Medium Density Residential Residential Area Development Plan: The subject property is located within the boundaries 06 y of the Southside Area Development Plan and is planned for medium density CL c residential uses. The proposed rezoning to the "RS-4.5" Single Family 4.5 ' District is consistent with the adopted Future Land Use Map and Southside a c ADP. Q > Map No.: 042029 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 35 0 feet of street frontage along Stampede Drive and 25 feet on Dr. Hector P. CL y Garcia Drive which are designated as "Local" Residential Streets. c� L Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan � Section Section Volume Type O Stampede50' ROW 55' ROW No Data Drive "Local" Residential 28' paved 35' paved Available L in Dr. Hector P. "Local" Residential 50' ROW 50' ROW No Data Garcia Drive 28' paved 25' paved Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District to allow for the construction of the continuation of Rancho Vista Subdivision and will be developed in several phases. The first two phases will each contain 39 single family lots with widths varying from 60 feet to 70 feet with an average lot size of 7,750 square feet. Development Plan: The subject property is comprised of 27.20 acres and is proposed to develop approximately 78 single family lots with an average lot size of 7,750 square feet. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and is vacant land. To the north and south is zoned "FR" Farm Rural with agricultural use. The east is "RS-4.5" Single-Family 4.5 and is vacant land. To the west is the Rancho Vista subdivision which is zoned "RS-4.5" Single-Family 4.5 and classified as a low density residential use. The subdivision was rezoned in 2013. To the north, rezoning cases occurring from 2004 to 2012. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RS-4.5" Single-Family 4.5 is consistent with the Future Land Use Map and with the following policies of the Southside ADP and PIanCC: • Quality housing meets the diverse needs of households at all income levels and all stages of life (PIanCC, Element 3, Goal 2). • The design of new developments promotes a broader sense of neighborhood and community. (Plan CC, Element 3, Goal 9). • Encourage orderly growth of new residential, commercial, and industrial areas. (PIanCC, Element 7, Goal 1, Strategy 4). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (PIanCC, Element 7, Goal 1, Strategy 5). Staff Report Page 3 • Corpus Christi has well-deisgned neighborhoods and built environments (PIanCC, Element 7, Goal 3). Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. • Surrounding properties have been rezoned with a pattern towards residential development. • This is a continuation of an established subdivision. Planning Commission and Staff Recommendation (August 23, 20171 Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 58 within 200-foot notification area 1 outside notification area 0 As of September 30, 2017: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area a3 — 0 outside notification area Totaling 0.0% of the land within the 200-foot notification area in opposition. Attachments- Attachments- A. ttachments:Attachments:A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-04 Gulfway Shopping Center\Council Documents=Report_0617-04_Gulfway Shopping Center.docx RS- 6 RS=,4v15 RAS -4. 5 10 38— R 8—R S-,4. 5 R S- 530 31 F`V 22 18 8 93- 46 50— 58 RS-4. 5 34 7 40 41� 45 4 0 44 12 23 33 35 49 29 — 5 R S- 5�ilO,y 32 OOO� 51 1 54 52 SUBJECT /o4S' 47 PROPERTY ti0��o� S 4. 5 13 21 20 17 56 43 3 FR 37 RS-4. 5 25 - 55 19 27 28 9. 36 42 y0 15 � Q�4 D S-4. 24 z — Q 57 M v 48 26 RS-4. 5 Date Created:81712017 Prepared By:JeremyM 0 400 800 Development Services Feet Department of CASE: 0617-04 '` °°��R-��F ZONING & NOTICE AREA RM-1 Multifamily IL Light Industrial p°O Cayo Del oso RM-2 Multifamily 2 IH Heavy Industrial Q` \,c RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ,r� N ON Professional Office RS-10 Single-Family 10 O 5° oq� RM-AT Multifamily AT RS-6 Single-Family 6 oiO�r SUBJECT .10 eo"�q op Neighborhood RS-4.5 Single-Family 4.5 � PR0PER TY TO�Ne R'eee CN-2 Neiq�O ghborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 Rq CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial ---� SP Special Permit CIBD Intensive Commercial Commercial RV Recreational Vehicle Park ---= --------__--°SD RMH Manufactured Home -- CR-3 Resort Commercial ��-- FR Farm Rural H Historic Overlay N BP Business Park WE ® Subject Property Owners City o with 200'buffer 0 in favor S Corpus 4 Owners within 200'listed on Owners LOCATION MAP ��'� Christi attached ownership table in opposition -'� SC O U AGENDA MEMORANDUM Public Hearin and First Reading for the Cit Council Meeting of October 10, 2017 1852 g g Y g Second Reading for the City Council Meeting of October 17, 2017 DATE: September 15, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3268 Public Hearing and First Reading for Property at 4502 Kasper Street CAPTION: Case No. 0317-03 Bruce Callaway: A change from the "RS-6" Single-Family 6 District to "CG-2" General Commercial District. The property is described as a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, a Subdivision of Corpus Christi, Nueces County, Texas, located along the south side of Gollihar Road east of the intersection with Kasper Street, east of Carroll Lane, and west of Weber Road. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a mini- storage business. RECOMMENDATION: Planning Commission and Staff Recommendation (May 3, 2017 Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Vote Results For: 8 Against: 0 Absent: 1 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District to allow the construction of a mini-storage business. The proposed rezoning is incompatible with PlanCC and the Southeast Area Development Plan. The proposed rezoning is also incompatible with neighboring properties and with the general character of the surrounding area. ALTERNATIVES: 1. Approve the "CG-2" General Commercial District. 2. Deny the request OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for permanent open space uses. The proposed rezoning to the "CG-2" General Commercial is inconsistent 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 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinances Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Bruce Callaway ("Owner"), by changing the UDC Zoning Map in reference to a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, from the "RS-6" Single- Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Bruce Callaway ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 3, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit, and on Tuesday, October 10, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Bruce Callaway ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, located along the south side of Gollihar Road at the intersection with Kasper Street, east of Carroll Lane, and west of Weber Road (the "Property"), from the "RS-6" Single-Family 6 District to "CN-1/SP" Neighborhood Commercial District with a Special Permit (Zoning Map No. 045038), as shown in Exhibits "A", "B", and "C", which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds, and Exhibit C which is a Site Plan for the Property are attached to and incorporated in this ordinance by reference as if fully set out herein in their entities. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Use: The only use allowed on the Property other than uses permitted in the base zoning districts is a mini-storage facility. 2. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. Activity within the mini-storage facility, except for routine employee activity, shall cease after 10:00 PM. A gated entry and security monitors for the mini-storage facility are required to be installed, remain in place, and maintained. 3. Lighting: All security lighting must be shielded and directed away from abutting residences, athletic fields, parks, and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways, athletic fields, parks, and residential development. 4. Buffer Yard: A 15-foot wide buffer yard and 15 buffer yard points shall be required along the property boundaries adjacent to residential zoning districts. Canopy trees of 2.5-inch caliper shall be planted every 30 feet on center within the buffer yard. 5. Vehicular Access: No vehicular access to or from Kasper Street. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 7. Time Limit: 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. KADevelopmentSvcs\SHARED\ZONING CASES\2017\0317-03 Bruce Cal laway\Council Documents\Ordinance_0317-03_Special Permit Bruce Callaway.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 , 20177 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 , 20177 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 KADevelopmentSvcs\SHARED\ZONING CASES\2017\0317-03 Bruce Cal laway\Council Documents\Ordinance_0317-03_Special Permit Bruce Callaway.docx Page 3 of 3 East 205 feet of Lot W.C.Lowery Park, March 22,2017 STATE OF TEXAS COUNTY OF NUECES, FIELDNOTE DESCRIPTION of a 2,95 acre tract of land being the Easterly 205 feet of Lot Two(2),W, C. Lowery Park,a Subdivision of Corpus Christi,Nueces County,Texas as shown by map recorded in Volume 35,Page 51 of the Map Records of Nueces County, Texas;said 2.95 acre tract of land being more particularly described by metes and bounds as follows: Commencing: At a 518" it-on rod set in the Southerly right-of-way line of Gollihar Road for the Northeast corner of said Lot 2, W. C, Lowery Park for the POINT OF BEGINNING, the Northeast comer of this 2.95 acre tract of land; whence a 5/8"' iron rod found for the Northwesterly corner of said Lot 2, W.C Lowery Park,being the intersection ofthe South right-of-way line or Gollihar Road and the East right-of-way line of Kasper Street,bears N 61' 47'00"W,a distance of 436.72 feet; Thence: S 2811 17' 54" W,with the Easterly line of said Lot 2, W. C. Lowery Park, a distance of 627.86 feet to a 5/8" iron rod set for the Northeast comer of Lot I and the Southeast comer of Lot 2, W, C. Lowery Park, for the Southeast comer of this 2.95 acre tract of land; Thence: N 610 47' 00" W, with the common line of said Lots I and 2, W. C. Lowery Park, a distance of 205.00 feet to a 5/8" iron rod set for the Southwest comer of this 2.95 acre tract of land; '!'hence: N 28' 17' 54" E, across said Lot 2, W. C. Lowery Park,parallel with and 205 feet Westerly of the Easterly line of said Lot 2, a distance of 627.96 feet to 5/8" iron rod set on the Northerly line of said Lot 2 and the Southerly right-of.way line of Gollihar Road for the Northwest comer of this 2.95 acre tract of land; Thence: S 610 47' 00" E, with the South right-of-way line of Gollihar Road and with the North line of Lot 2,W, C.Lowery Park,a distance of 205.00 feet to the POINT OF BEGINNING,containing 2.95 acre,more or less, Ti—oi]acio b"fiv,e—ira,RPLS'# 1415 HORACIO OLIVEIRA 1415 S U � � r� P ,� it t� � �"� '� uAlc6waaarlure�aaaautl�oa� to mf� 1� � � 7 %2��I ✓l Jif+ r " W 1 r, 5 ' rc6'r >xfi ! r i eadPoXYt6re'.�Carvoare WnI as s Ww 'k�x ro arro"r� nm° unaAti2oa.., rv�Wa. 1�,..,. 400., vaLTCA )[9 AAP . v� y kr� �.e. 1'r�•a 11�„ G'OLLIWAR, ROAD S 6,1 47' 00" E � 436,72 ii I LOT 0 ...... uk" 1 I'D in s - sX'W anW LOT 29 I( I LOT 2 I V I.CJ'C '2/ dN4rrs 0N„IwevAar:5. A {Pi,pmOmW 4 E'd 4y,rompip LOT 2 o_4'JT 2G Pe; �Z � . 6.286 Ac, a 5.c'.. '. 'rrr a.wrax aarmrk, �f 1 ¢Iw„W h' a naw cxa°n°n",ro'auuna ' W+'k lilacirr tl5rr uarx� wn' w.rsro�ved wnoiw M�° .�.ouvaaru'out&u,SkA LOT 25 �r�reA r latra irr are au awl ,4x .,PdU�n 0tM4k&tldMYk; tlY1 UJ Cfi#CVMyp 6b9BMPFR%P 'WP PSLtll"4MW1 6Y1 15 YCFCPC4hC lld t^6aCNl NRdM1iM J i L 9•,,t Y °k'AW 0.a9 a.a,.k a 9 .It q'ag 1,67 kn r tl6M O,� IGCY zi tO 0$hl tdivJlln4 LNI'l 3 tyf"4Y I'J47"V. 6' b,ryr mR" / A ..try,rm" f . r ,r.....,. „�,v�._,m� .........._ ,_.....,,_ ..wua...... _..,..., r ...._____^^... .........,._,mid,. .............. ...._.m,.a Jk .._..,.,,...,,., r 51V9 ,.Pa"uh pA'e1" wmd `I �...Eu� 6074 A.4..° MS I ROPkER`y OAre'w".aua Wk�,q Q'dnPM4k 1916 ulllm,luFF w (Nmr), N.5 PER'WRE HABWliOM Mwo MURANCE IwMrA4GCM-."w co MtlBmU.'rw Pia oMZ PAp8a.1L os,w;zaii,Rum*v%tlBM1"JVW'C m rk°o'rta:IM DAM.OF�Mkauw u5 teasers. SGALEt, J)I „'1 WJ`Mc FflW L.h G iK , i° Q WAC)' [TW)° NACu�a A RD'L ar of ,srr 2— W C. LOwENM PARK, _C. dh6d( SCALE As MsWWL:rrmanEw .aa, MAW P &O5„ SECE ...._...__ .... COUNTY, "WW:X&S W U0, II ...._.. Ordinance amending the Unified Development Code ("UDC"), upon application by Bruce Callaway ("Owner"), by changing the UDC Zoning Map in reference to a property described as to a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Bruce Callaway ("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 3, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6" Single- Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit, and on Tuesday, October 10, 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 Bruce Callaway ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, located along the south side of Gollihar Road at the intersection with Kasper Street, east of Carroll Lane, and west of Weber Road (the "Property"), from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial Estate District (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 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\0317-03 Bruce Callaway\Council Documents\Ordinance_0317-03_Bruce Callaway.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 , 20177 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 , 20177 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\0317-03 Bruce Callaway\Council Documents\Ordinance_0317-03_Bruce Callaway.docx Page 3 of 3 East 205 feet of Lot W.C.Lowery Park, March 22,2017 STATE OF TEXAS COUNTY OF NUECES, FIELDNOTE DESCRIPTION of a 2,95 acre tract of land being the Easterly 205 feet of Lot Two(2),W, C. Lowery Park,a Subdivision of Corpus Christi,Nueces County,Texas as shown by map recorded in Volume 35,Page 51 of the Map Records of Nueces County, Texas;said 2.95 acre tract of land being more particularly described by metes and bounds as follows: Commencing: At a 518" it-on rod set in the Southerly right-of-way line of Gollihar Road for the Northeast corner of said Lot 2, W. C, Lowery Park for the POINT OF BEGINNING, the Northeast comer of this 2.95 acre tract of land; whence a 5/8"' iron rod found for the Northwesterly corner of said Lot 2, W.C Lowery Park,being the intersection ofthe South right-of-way line or Gollihar Road and the East right-of-way line of Kasper Street,bears N 61' 47'00"W,a distance of 436.72 feet; Thence: S 2811 17' 54" W,with the Easterly line of said Lot 2, W. C. Lowery Park, a distance of 627.86 feet to a 5/8" iron rod set for the Northeast comer of Lot I and the Southeast comer of Lot 2, W, C. Lowery Park, for the Southeast comer of this 2.95 acre tract of land; Thence: N 610 47' 00" W, with the common line of said Lots I and 2, W. C. Lowery Park, a distance of 205.00 feet to a 5/8" iron rod set for the Southwest comer of this 2.95 acre tract of land; '!'hence: N 28' 17' 54" E, across said Lot 2, W. C. Lowery Park,parallel with and 205 feet Westerly of the Easterly line of said Lot 2, a distance of 627.96 feet to 5/8" iron rod set on the Northerly line of said Lot 2 and the Southerly right-of.way line of Gollihar Road for the Northwest comer of this 2.95 acre tract of land; Thence: S 610 47' 00" E, with the South right-of-way line of Gollihar Road and with the North line of Lot 2,W, C.Lowery Park,a distance of 205.00 feet to the POINT OF BEGINNING,containing 2.95 acre,more or less, Ti—oi]acio b"fiv,e—ira,RPLS'# 1415 HORACIO OLIVEIRA 1415 S U � � r� P ,� it t� � �"� '� uAlc6waaarlure�aaaautl�oa� to mf� 1� � � 7 %2��I ✓l Jif+ r " W 1 r, 5 ' rc6'r >xfi ! r i eadPoXYt6re'.�Carvoare WnI as s Ww 'k�x ro arro"r� nm° unaAti2oa.., rv�Wa. 1�,..,. 400., vaLTCA )[9 AAP . v� y kr� �.e. 1'r�•a 11�„ G'OLLIWAR, ROAD S 6,1 47' 00" E � 436,72 ii I LOT 0 ...... uk" 1 I'D in s - sX'W anW LOT 29 I( I LOT 2 I V I.CJ'C '2/ dN4rrs 0N„IwevAar:5. A {Pi,pmOmW 4 E'd 4y,rompip LOT 2 o_4'JT 2G Pe; �Z � . 6.286 Ac, a 5.c'.. '. 'rrr a.wrax aarmrk, �f 1 ¢Iw„W h' a naw cxa°n°n",ro'auuna ' W+'k lilacirr tl5rr uarx� wn' w.rsro�ved wnoiw M�° .�.ouvaaru'out&u,SkA LOT 25 �r�reA r latra irr are au awl ,4x .,PdU�n 0tM4k&tldMYk; tlY1 UJ Cfi#CVMyp 6b9BMPFR%P 'WP PSLtll"4MW1 6Y1 15 YCFCPC4hC lld t^6aCNl NRdM1iM J i L 9•,,t Y °k'AW 0.a9 a.a,.k a 9 .It q'ag 1,67 kn r tl6M O,� IGCY zi tO 0$hl tdivJlln4 LNI'l 3 tyf"4Y I'J47"V. 6' b,ryr mR" / A ..try,rm" f . r ,r.....,. „�,v�._,m� .........._ ,_.....,,_ ..wua...... _..,..., r ...._____^^... .........,._,mid,. .............. ...._.m,.a Jk .._..,.,,...,,., r 51V9 ,.Pa"uh pA'e1" wmd `I �...Eu� 6074 A.4..° MS I ROPkER`y OAre'w".aua Wk�,q Q'dnPM4k 1916 ulllm,luFF w (Nmr), N.5 PER'WRE HABWliOM Mwo MURANCE IwMrA4GCM-."w co MtlBmU.'rw Pia oMZ PAp8a.1L os,w;zaii,Rum*v%tlBM1"JVW'C m rk°o'rta:IM DAM.OF�Mkauw u5 teasers. SGALEt, J)I „'1 WJ`Mc FflW L.h G iK , i° Q WAC)' [TW)° NACu�a A RD'L ar of ,srr 2— W C. LOwENM PARK, _C. dh6d( SCALE As MsWWL:rrmanEw .aa, MAW P &O5„ SECE ...._...__ .... COUNTY, "WW:X&S W U0, II ...._.. � O • j O •ate., r o Q � O Cf) M v o � � � o V au cn a bA 16.4 � N N C7 U 0 6T., o H w � : « : v z � ? , y� w. r ^ Z N F lsd' 4m 4-j 4-j rt� a� C� Z JII a I 7 � � i Jd IIS f i I W n� I N i ti r� • ° o .PEIU • -- ,� ruo . N i � v Z cn U '~ U Q COMM ARUM -7 u, r ^� xn �.T"S RMC'._ ✓ R.J Ac rA)u !� ! 0 Y wVMS 4-j TI T U'l fb x ,,,,,,,,,,,,,, .b„e.,„..,,,,.,,, ...✓w .r. IR Y7 64.1 J ON R R,de, CT L U o O Q Q � (n L O i E — O O O O) L 0Z3 Co !EaE � N0 U 4- 0 > � o V �+ N O 0 N N + N U - LO O >+ U a) mC� m M O NQ L N O N (n L N - 4� 00 0 � � o O N O Q r� O (D 7o E _ CTLr Lo ?-� U O N },cn L U `� O U U P Q Q CO Q O O O a 0 O ,, G1 O > C� r N M 00 O E cn O cn ?--I E -' O � �. m O � N U i i N In cn E ° U m +r Q E U Q ()� O E N LL 0 -2 0 o !E5 J" 0 2 cn O O > cn O � m H cn _r_ F5 E ui c6 ti PLANNING COMMISSION FINAL REPORT Case No. 0317-03 INFOR No. 17ZN1005 Planning Commission Hearing Date: May 3, 2017 Owner: Bruce Callaway Applicant/Representative: Bruce Callaway Location Address: 4502 Kasper Street 0 a Legal Description/Location: A 2.95 acre tract of land being the Easterly CL� 5 205 feet of Lot Two (2), W. C. Lowery Park, a Subdivision of Corpus Q°a Christi, Nueces County, Texas, located along the south side of Gollihar Road east of the intersection with Kasper Street, east of Carroll Lane, and west of Weber Road. y From: "RS-6" Single-Family 6 District To: "CG-2" General Commercial District io r Area: 2.95 acres Purpose of Request: To allow for the construction of a mini-storage business. Existing Zoning District Existing Land Future Land Use Site "RS-6" Single-Family 6 Park Permanent Open Space a, y Low Density Low Density C North RS-6 Single-Family 6 •E Residential Residential Permanent Open South "RS-6" Single-Family 6 Park Space c� Permanent Open ,0 East "RS-6" Single-Family 6 Park Space w Park and Permanent Open West "RS-6" Single-Family 6 Low Density Space and Low Residential Density Residential Area Development Plan: The subject property is located within the 08 y boundaries of the Southeast Area Development Plan and is planned for CL c permanent open space uses. The proposed rezoning to the "CG-2" General Commercial is inconsistent with the adopted Future Land Use Map and the a c Southeast Area Development Plan. Q > Map No.: 045038 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 205 0 feet of street frontage along Gollihar Road which is designated as an "Al CL Minor Arterial Street. c� L Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan 0 � Type Section Section Volume L O C Gollihar95' ROW 82' ROW 12,541 Road "A1" Minor Arterial 64' paved 60' paved ADT (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District to allow for the construction of a mini- storage business. Development Plan: The subject property is comprised of 2.95 acres and is proposed to be developed as a mini-storage business. Existing Land Uses & Zoning: The subject property is zoned "RS-6" Single-Family 6 District. The subject property is the former site of little league baseball fields. The recreational activities have ceased for at least the last five years. To the north and to the west, across Gollihar Road and Kasper Street are single-family residences zoned "RS- 6" Single-Family 6 District. To the east is a property known as Price Field and is zoned "RS-6" Single-Family 6 District. Price Field is defined as a Special Use Park as per the 2012 Parks Master Plan. To the south, are various football fields zoned "RS-6" Single- Family 6 District and owned by the Southside Youth Football League, Inc. 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. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Southeast ADP. The proposed rezoning is inconsistent with the following policies of the Comprehensive Plan: • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • 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). • Placing low intensity activities next to single family uses (Policy Statement B.2.c). Staff Report Page 3 Department Comments: • The proposed rezoning is incompatible with PlanCC and the Southeast Area Development Plan. However, the proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. • The "CG-2" District allows for multifamily residential, retail, and public uses by right. Placing these types of uses on the site of a former landfill would need to be deemed safe by the TCEQ. • The "CG-2" District opens the possibility of more intense commercial uses across the street from single-family residences. Impact of potential "CG-2" uses could have a negative effect the sports complex at Price Field. Examples of more intense land uses allowed in the "CG-2" District are: Multifamily Residential, Offices, Retail, Restaurants, Bars/Nightclubs, Vehicles Sales, and Vehicle Repair Businesses. • No other "CG-2" District properties are located within the vicinity of the subject property. The closest "CG-2" District Properties are at the intersection of Gollihar Road and Kostoryz Road (HEB) at 0.65 miles away and the former site of Parkdale Plaza (Wal-Mart) at 0.89 miles away. The property has been a park or center for field sports since 1969. • The subject property is the site of a former landfill. The currently recorded plat of the property mentions the sanitary fill area and the potential settlement and gas hazard. The plat further states that no structures are to be erected without permission of City staff. The Texas Commission of Environment Quality (TCEQ) will need to be consulted to ascertain if any environmental hazard still exists. Appropriate measures would need to be taken by the owner to ensure the health and safety of adjoining properties. • However, the "CN-1" Neighborhood Commercial District does also 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. • Approximately 0.25 miles to the east are other properties zoned "CN-1" Neighborhood Commercial District located at the intersection of Gollihar and McArdle Roads. • A change of zoning the "CN-1" Neighborhood Commercial District with Special Permit with conditions would allow for the mini-storage use and the commercial district with less intense commercial uses. Planning Commission and Staff Recommendation (May 3, 2017): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with the following conditions. 1. Use: The only use allowed on the Property other than uses permitted in the base zoning districts is a mini-storage facility. 2. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. Activity within the mini-storage facility, except for routine employee activity, shall cease after 10:00 PM. A gated entry and security monitors for the mini-storage facility are required to be installed, remain in place, and maintained. Staff Report Page 4 3. Lighting: All security lighting must be shielded and directed away from abutting residences, athletic fields, parks, and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways, athletic fields, parks, and residential development. 4. Buffer Yard: A 15-foot wide buffer yard and 15 buffer yard points shall be required along the property boundaries adjacent to residential zoning districts. Canopy trees of 2.5-inch caliper shall be planted every 30 feet on center within the buffer yard. 5. Vehicular Access: No vehicular access to or from Kasper Street. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 7. Time Limit: 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: 8 Opposed: 0 Absent: 1 Number of Notices Mailed — 14 within 200-foot notification area 4 outside notification area 0 As of April 28, 2017: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area a3 — 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-03 Bruce Callaway\PC Documents\Staff Report_0317-03_Bruce Callaway.docx C2 co 3 in M 12 M C� M 4(( 13 3 6 T 10 0 4 11 01 5 Iq 7 14 Rs- M a 7 a SUBJECT PROPERTY W U PA a. Date Created:413120171 0 400 800 Prepared By:= Feet Department ofDovelopmen, CASE: 0317-03 ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 "A 19 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CNA Neighborhood Commercial RS-4.5 Single-Family 4.6 SUBJECT CN-2 Neighborhood Commercial RS-TF Two-Family 4v. PR i 01�ERTY CR-1 Resort Commercial RS-16 Single Family 15 C - Resort Commercial R 2 Residential Estate RE CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit cl Intensive Commercial RV Recreational Vehicle Park p2 ap© CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FIR Farm Rural H Historic Overlay BP Business Park o Subject Property Owners City of ❑ mth 209'huffer 0 in favor ateCorpus CAwners within 2C70'listed an X Gwners ILOCATION Christi attached ovvnership table .opposition SC O U AGENDA MEMORANDUM Public Hearin and First Reading for the Cit Council Meeting of October 10, 2017 1852 g g Y g Second Reading for the City Council Meeting of October 17, 2017 DATE: September 15, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property at 5801 Patton Street CAPTION: Case No. 0817-01 Plains Capital Bank: A change of zoning from "IL" Light Industrial District to the "CG-1" General Commercial District. The property is described as Wooldridge Creek Center, Block 4, Lot 1 D, located on the west side of Patton Street, south of Holly Road, and north of Wooldridge Road. PURPOSE: The purpose of this item is to allow for the operation of an alternative high school. RECOMMENDATION: Planning Commission and Staff Recommendation (August 23, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-1" General Commercial District Vote Results: For: 7 Against: 0 Absent: 1 Abstained: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IL" Light Industrial District to the "CG-1" General Commercial District to allow for the operation of an alternative high school. The proposed rezoning to the "CG-1" General Commercial District is consistent with the adopted Future Land Use Map, PlanCC, and the Southside Area Development Plan. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG-1" General Commercial District is consistent with the adopted Future Land Use Map, PlanCC, and the Southside Area Development Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Plains Capital Bank ("Owner"), by changing the UDC Zoning Map in reference to Wooldridge Creek Center, Block 4, Lot 1 D, from the "IL" Light Industrial District to the "CG-1" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Plains Capital Bank ("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, August 23, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to the "CG-1" General Commercial District, and on Tuesday, October 107 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 Plains Capital Bank ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being Wooldridge Creek Center, Block 4, Lot 1 D, located on the west side of Patton Street, south of Holly Road, and north of Wooldridge Road (the "Property"), from the "IL" Light Industrial District to the "CG-1" General Commercial District (Zoning Map No. 043034), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, 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\0817-01 Plains Capital Bank(Southwest Key Program)\Council Documents\Ordinance_0817-01_Plains Capital Bank.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 , 20177 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 , 20177 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\0817-01 Plains Capital Bank(Southwest Key Program)\Council Documents\Ordinance_0817-01_Plains Capital Bank.docx Page 3 of 3 RS-6 yo<�®y®RO 2 I L �o a� IH IL SUBJECT 2 9 IL PROPERTY 7 1 12 4 11 FR u6 0 3 8 m- 10 1 L 5 0 r a CG- 1 RS- TF RS- 6 <q A�gYq s O N F R H �� r RS=.6 N �S2 Date Created:8/7/2017 0 400 "800 I Prepared By:J annaS Feet r Department of DevelopmenBServices h CASE: 0817-01 ZONING & NOTICE AREA RM-1 Multifamilndustrial y 1 IH HeavyIL Light Industrial 0� SUBJEp4p�Fs ON Multifamily ultif Professional Office RS-D10 Single-Family anPlanned nt DeOv.Overlay PROPERTY RM-ATMultifamily AT RS-6 Single-Family6 CNA Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate ��1 6 immmmmmm ¢ N"NN,N CG-1 General Commercial2 RS-TH Townhouse P CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial Q RMH Manufactured Home CR-3 Resort Commercial 5� FR Farm Rural 5' H Historic Overlay N BP Business Park Subject PropertyO Owners S �2 City Of with 200'buffer in favor � 4 Owners within 200'listed on Y Owners LOCATION MAP �P� Corpus attached ownership table /�in opposition 4� Christi o Cayo � O •� O '+-j N .ate., r o 4-j V . 'a"j �i C) cu U � c� V V a N •• C7 � U o w .. 0 H rA tt v p i i -d-j C) z4m -d-j 4-j 4-j (t n p u x 01 �. 1�tio / a �/� W Lr) 4-j 4-j /�,,,� 4-j V I V J 1 • �r. 4 j/lloi j� 11 c r'9r riri � � i • U/ w J)/� IM 'Q�'V1Uwl�"� �,69�yyppry " i �f i Id �)�l AJ➢�T Q U ' V .�..� .�.+ '� •� Q � O � � :,�, .� '� � � � '� � � � � �� � � O � O O O � u U u o ^, bA � �' � � � � � .,� �.,_, �..� G� � � � c� � � � C7 C.7 ,u�� �. U �� �� �° �. PLANNING COMMISSION FINAL REPORT Case No. 0817-01 INFOR No. 17ZN1026 Planning Commission Hearing Date: August 23, 2017 r- Owner: Plains Capital Bank Applicant: Corpus Christi Realty Management, Inc. •Q J 'c Location Address: 5801 Patton Street a 06 w Legal Description: Wooldridge Creek Center, Block 4, Lot 1 D, located on the o west side of Patton Street, south of Holly Road, and north of Wooldridge Road y From: "IL" Light Industrial District To: "CG-1" General Commercial District or Area: 1.05 acres Purpose of Request: To allow for the operation of an alternative high school. Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Commercial Commercial c� C North "IL" Light Industrial Commercial Commercial '� to N0 South "IL" Light Industrial Commercial Commercial a� C Commercial and Commercial and East "I L" Light Industrial Light Industrial Light Industrial w "IL" Light Industrial and Light Industrial and Light Industrial and West "IH" Heavy Industrial Heavy Industrial Heavy Industrial 06 Area Development Plan: The subject property is located within the boundaries c c of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG-1" General Commercial District is consistent a c with the adopted Future Land Use Map which calls for commercial uses. a Map No.: 043034 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 144 0 feet of street frontage along Patton Street is a "Cl" Minor Residential Collector CL y Street. c� L Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan ai � Type Section Section Volume L O U Patton Street "Cl" Minor Collector 60' ROW 60' ROW N/A 40' paved 40' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "CG-1" General Commercial District to allow for the operation of an alternative high school. Development Plan: The subject property is 1.05 acres in size. The current multi-tenant building totals approximately 11,841 square feet. Current occupants include CrossFit Iron Addicts (4,500 sq. ft.), a warehouse (3,000 sq. ft.), and the proposed alternative high school (4,341 sq. ft.). The previous occupant of the tenant space was a physician's office. Southwest Key Programs provides alternative education through a contract with Nueces County. The program's maximum occupancy will be 32 students. The proposed hours of operation will be 8:00 a.m. to 3:00 p.m. Monday through Friday. Existing Land Uses & Zoning: The subject property is currently zoned "IL" Light Industrial and consists of a multi-tenant building as described previously. All adjacent properties and those across Patton Street are zoned "IL" Light Industrial District. To the north and west of the property is a mini-storage business. Further to the west is a concrete batching plant and has been zoned "IH" Heavy Industrial since 1980. To the south are various multi-tenant office buildings. To the east of the subject property are various repair-oriented businesses such as air conditioning repair. 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. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG-1" General Commercial is consistent with the Future Land Use Map and consistent with the following policies of the Southside ADP and PlanCC: • 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). • The plan provides for a compatible configuration of activities with emphasis on: accommodation of existing zoning patterns; the protection of low-density residential activities from incompatible activities; the placement of commercial activities at locations with good access and high visibility; and the identification of environmental sensitive areas that should be preserved (Policy Statement B.1). Staff Report Page 3 Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PlanCC and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The rezoning to the "CG-1" General Commercial District is an opportunity to start the rezoning of the area away from industrial uses towards commercial uses and therefore implementing the policies of PlanCC and the Future Land Use Map. Planning Commission and Staff Recommendation (August 23, 20171 Approval of the change of zoning from the "IL" Light Industrial District to the "CG-1" General Commercial District. Vote Results: For: 7 Opposed: 0 Absent: 1 Abstained: 1 Number of Notices Mailed — 12 within 200-foot notification area 4 outside notification area 0 As of August 18, 2017: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area a3 — 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0817-01 Plains Capital Bank(Southwest Key Program)\PC Documents\Staff Report_0817- 01_Plains Capital Bank.docx RS-6 yo<�®y®RO 2 I L �o a� IH IL SUBJECT 2 9 IL PROPERTY 7 1 12 4 11 FR u6 0 3 8 m- 10 1 L 5 0 r a CG- 1 RS- TF RS- 6 <q A�gYq s O N F R H �� r RS=.6 N �S2 Date Created:8/7/2017 0 400 "800 I Prepared By:J annaS Feet r Department of DevelopmenBServices h CASE: 0817-01 ZONING & NOTICE AREA RM-1 Multifamilndustrial y 1 IH HeavyIL Light Industrial 0� SUBJEp4p�Fs ON Multifamily ultif Professional Office RS-D10 Single-Family anPlanned nt DeOv.Overlay PROPERTY RM-ATMultifamily AT RS-6 Single-Family6 CNA Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate ��1 6 immmmmmm ¢ N"NN,N CG-1 General Commercial2 RS-TH Townhouse P CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial Q RMH Manufactured Home CR-3 Resort Commercial 5� FR Farm Rural 5' H Historic Overlay N BP Business Park Subject PropertyO Owners S �2 City Of with 200'buffer in favor � 4 Owners within 200'listed on Y Owners LOCATION MAP �P� Corpus attached ownership table /�in opposition 4� Christi o Cayo SC o� � v AGENDA MEMORANDUM NORPgRp�EO First Reading Ordinance for the City Council Meeting of October 10, 2017 1852 Second Reading Ordinance for the City Council Meeting of October 17, 2017 DATE: September 18, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police Mikema cctexas.com 886-2603 Accepting and appropriating the Victims of Crime Act Grant (VOCA)within the Police Department for Year 18 and 19 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$281,860.18 to continue the Victims of Crime Act (VOCA) Grant within the Police Department for Year 18 and 19 with a City match of$60,865.04 and an in-kind match of$9,600 from the No. 1020 Police General Fund; appropriating the $281,860.18 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department; and authorizing the transfer of$60,865.04 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $352,325.22. PURPOSE: Year 17 and 18 funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/ benefits for three Victim Case Managers, an increase of one over the previous fiscal year. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides $281,860.18 for the salary/benefits of three Victim Case Managers. Volunteer hours contribute $9,600 as an in-kind contribution, and the City contributes $60,865 over the two-year period for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 10/01/2017— 06/30/2019. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: OMB Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $62,000.00 $62,000.00 Encumbered / Expended Amount This item $60,865.04 $60,865.04 BALANCE $1,134.96 $1,134.96 Fund(s): General Comments: RECOMMENDATION: Staff recommends accepting and appropriating. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$281,860.18 to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 18 and 19 with a City match of$60,865.04 and an in-kind match of $9,600 from the No.1020 Police General Fund; Appropriating the $281,860.18 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department; and authorizing the transfer of $60,865.04 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $352,325.22. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$281,860.18 to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 18 and 19 with a City match of$60,865.04 and an in-kind match of$9,600 from the No.1020 Police General Fund. SECTION 2. That $281,860.18 grant is appropriated in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department. SECTION 3. The transfer of$60,865.04 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of$352,325.22. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20177 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 , 20177 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 .. � m ww,reiuw wflw.wwwww.mwwun wwnw rowauomuwwuuwmuwwmi Office of the Governor Page 1 of 2 C -I Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the`Narrative'and'Budget/Details' tabs.By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20,Subchapter I of the Texas Administrative Code,and the Uniform Grant Management Standards(UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above. For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding.The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 1522317 Award Amount: $281,860.18 Date Awarded: PREVIEW-AWARD NOT ACTIVE Grantee Cash Match: $60,865.04 Grant Period: 10!0112017-06'30/2019 Grantee In FindMatch: $9,600.00 Liquidation Date: 09,28'2019 Total Project Cost: $352,32522 Program Fund: VA-Victims of Crime Act Formula Grant Program Grantee Name: Corpus Christi,City of Project Title: Victims of Crime Act Grant Manager: Lester Brown DUNS Number: 069457786 CA: 16.575-Victims of Crime Act Formula Grant Program Federal Awarding U.S.Department of Justice,Office of Justice Programs,Office for Victims of Crime Agency: Federal Award Date: W8/2016 Federal/State Award ID 2016-VA-GX-0033 Number: Total Federal Award/State Funds $185,614,610.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor--Criminal Justice Division(CJD) Is the Award : No Federal/State Award This grant award provides funds from the Crime Victims Fund to enhance crime victim services Description: in the State. Victims of Crime Act(VOCA)assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims https://egrants.gov.texas.gov/project/accept.aspx?il-8&gh=l B-62-DE-05-F2-E3-3C-OA-4... 9/14/2017 ................. ......................... Office of the Gave or Page 2 of 2 List of Application Errors and Incomplete Information Items) ..t deed ...............t.......o...........be.........Resolved ...... ............................................................................................ ..........................................-..-----.....FI.,...ab:Na.......me. .............................................................................. .............................................................................. List of Post-Award Conditions of Funding and Other Fund-Specific Requirements .................................................................................................................................................................. .................................................... ......_'................................................................................................................... Hold Hold Condition of Funding/Project Requirement Date Date Met Project Line Created Item Funds Funds ......................................... Other r C o n d i t i o W-, .... of Funding.The grant end date has been changed to 613012019.Once the award is accepted and activated,the recipient must initiate a grant adjustment to change the end date to 9/30/2019(which will 113112017 i suit in a 30 day liquidation period). —.1......................................................................................................................................................................................................................................................................................................................................................................................................................................................................... https:Hegrants.gov.texas.gov/project/accept.aspx?ilz;8&gh=;IB-62-DE-05-F2-E3-3C-OA4... 9/14/2017 9.11WW4tlVU 1 1 u p�wU� WII� W eGrants- Project Summary(MAKE SURE YOU CLOSE THIS PAGEM)r J) Page 1 of 5 Print This Page ............................................................................................................................................... ..................." a euu Agency Names Corpus Christi,City of Grant/App: 1522317 Start ate. 10'12017 End Date:6'30;'2019 Project Title:Victims of Crime Act Status:Pending Final Approval Budget Details Information Budget Information by Budget line Item: SUB CASHIN- CATEGORY CATEGORYDESCRIPTION OOG MATCH KIND GPI TOTAL NIT/% MATCH VICTIM CAS MANAGER:Total Salary 571,231.60.This case manager serves as grant manager. Provides crisis counseling,face to face and telephone contact for information and referral services to Personnel Case Manager crime victims'Fringe $76,741.13 $25,795.04 $0.00 $0.00 $102,526.22 100 benefits include Texas unicial Retirement System-$14,534.22, FICA/MED°- $5,453.04,Insurance $11,207.36,Salary Grand Total" $102,526.22°The Victim Case Manger for this position is Laura Munoz. VICTIM CASE MANAGER:Total Salary$71,231.60,This case manager provides crisis counseling,face to face and telephone contact for information and referral services to crime victims.Fringe Personnel Case Manager benefits include Texas $102,559.50 $0.00 $0.00 $0.00 $102,559.50 100 Municipal Retirement System$14,534.22, FICA/MED rc $5,453,04,Insurance $11,240.64,Salary Grand Total^ $102,559.50.The Victim Case Manger for this position is Debra Garcia. Personnel Case Manager VICTIM CASE 5102,559.50 $0.00 $0.00 $0.00 5102,559.50 100 MANAGER.Total h ps:He ts.gov.tex vl roject/ r t rin IeSu a ,as x?PrintCo e-r� �°°-�l -6,.. 9,11412017 eGrants® Project Summary(MAKE SURE YOU CLOSE THIS PAGE !!!) Page 2 of 5 Salary$71,281.60.This case manager provides crisis counseling,face to face and telephone contact for information and referral services to crime victims.Fringe benefits include Texas Municipal Retirement System -$14,584.22, FICAIMED- $5,453.04,Insurance:w $11,240.64,Salary Grand Total- $102,559.50.This is a newly created position and does not have a name assigned as of yet. COMMUNICATIONS: Supplies and Cellular,Fax, City issued cellular Direct Pager,andjor phone costs for three Aerating Office (3) e anagers;24 $0.00 $1,946.16 $0.00 $0.00 $1,946.16 0 OCasM Expenses Telephone months @$27.03 per month $1,946.16. COMPUTER Supplies and Desktop RENTAL:Three(3) Direct System and P.C.computers for Operating Accessories victim case manager. $0.00 $1,917.114 $0.00 $0.00 $1,917.84 0 Expenses ($5,000 or Rental is$79.91 per less per unit) month x24 months:� $I,917.84 IN STATE INC IDETNALS AND/OR MILEAGE: 50 miles per month at $.535 per mile=$26.75 In-State x 24 $642.00 x(3 Travel and Incidentals case managers)- $0.00 $1,926.00 $O.00 $0.00 $192600 0 Training and/or $1,926.00.Local , Mileage ileage is used by case managers when traveling to victim's homes,hospitals,MDT meetings and/or training. Travel and In-State IN-STATE $0.00 $6,000.00 $0.0010.00 $6,000.00 0 Training Registration REGISTRATION Fees, FEES,TRAINING, Training, AIS! OR TRAVEL and/or Travel COSTS.$6,000.Costs for three(3)case managers to attend the Crimes Against Women Conference in May and the Crimes Against Children Conference in August in Dallas, https://egrants.gov.texas.gov/project/GrantPrintableSummary.aspx?PrintCode =IB-6... 9/14/2017 mm...prom or m mm. 'o'......m n o oro mm.o' mmo�nuwIDYliw NWM+WOW OW"D;'ouil'WN4r UOWWmnW➢UYWAUYwr1D 9aHY11W'Ww�4N1 _. ➢oV UWLi...... iII I I I I 10 h I I I I 10 10 111 111 h 0 11111111111111111111110001010100110 1111 01011111 I I I I I I I I 10 1111111111111111110ImI00IIm111110110110111 1111111101010IIIn00 UIIIIIIIInII INmi01010iIm1111111110110 1110116 eGrants- Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 3 of 5 Texas.Costs will be expended using the Runzheimer Travel Index by Federal Travel Regulation( R)to provide per die amounts.Additional costs will include training/conference registration fees,hotel accommodation fees, airfare and car rental (or mileage reimbursement).The persons travelling will be Laura Munoz,Debra Garcia and the third advocate who has not been hired,yet,The actual costs are not available at this time as e travel is in the future.An advocate traveled to the Crimes Against Children Conference,August 7-11,2016 in Dallas, Texas.These are the actual costs for that trip:Conference registration$495.00; airfare$402.90;Hotel $576.32;Taxi$28.00 and per them total $277.00 for a total expense of$1,779.22. The entered amounts are rounded up to $2,000.00 per advocate, per trip for a total of $6,000.00 V E STAFF: 800 hours $12.00 $9,600.00.Will help Intern, with mail outs,data entry,gathering case Mentor, information from Service ce victims and direct them Personnel Provider, tot e appropriate case $0.00 $0.00 $9,600.00 $0.00 $9,600.00 100 Student manager,who can het Worker,and/orthem in the best way Support possible.As of today Staff a two volunteers that e have are Eileen Fisher and Wayne ortner. Supplies and Office WORK SPACE $0.00 $4,590.00 $0.00 $0.00 $4,590.00 0 Direct Equipment FURNITURE Aerating and/or $4,590.00 for one(1) Expenses Furniture additional Case https:Hegrants.gov.texas.gov/project/GrantPrintableSummary.aspx?PrintCode=8&gh=IB-6... 9/14/2017 eGrants-Project Summary (MAKE SURE YOU CLOSE THIS PAGEM) Page 4 of 5 ($5,000 or Manager to include one less per unit) Credenza $1,684,00, one overhead storage $1,494.00,one file cabinet-$953.00,and one chair=$459.00. i ............. OFFICE SUPPLIES: $7,000.00 to include pens,highlighters, corrections tape, batteries,glue sticks, ink pads,staples, Supplies and Office envelopes,notepads, Direct Supplies(e.g., ink cartridges,toner, Operating paper, calendars,paper,labels, $0.00 $7,000,00 $0.00 $0,00 $7,000,00 0 Expenses postage, business cards as well calculator) as postage for victim mail out letters and documentation sent to Attorney General's Office for Crime Victim compensation requirements. ................................ ............................ Travel and Out-of.-State OUT-OF-STATE $0.00 56,200.00 $0.00 $0.00 $6,200.00 0 Training Registration GIS TION FEES, Fees, TRAINING,AND,1OR Training, TRAVEL COSTS- an&oir Travel $6,200.00.Costs for one case manager for out of state training or conferences per year(2 trips total).The advocate will attend the annual NOVA (National Organization of Victim Advocates) Conference.This is a great opportunity for the advocate to learn from other advocates from around the country and build a network of resources. Special training be paid by grant funding are not available at this time. Costs will be expended using the Runzheimer Travel Index by the Federal Travel Regulation(FTR)to provide per them amounts.Additional costs will include tuition,lodging,airfare, car rental(or mileage reimbursement)and related fees.The justification for this https://egrants.gov.texas.gov/project/GrantPrintableSummary.aspx?PrintCode=8&gh=IB-6..,. 9/14/2017 w ul. W 1. l ...... J NU'JIP Dti"j-. .WNP- -MI,.W�gWUW W'Y.uI,I,U,jI..'j W1V. IDpl W4VNY' �-.M '�wllti.: _ Wl uwuwi. eGrants- Project Summary(MAKE SURE YOU CLOSE THIS PAGE 1!1) Page 5 of 5 training is the value of leaming from advocates from the US and Canada.NOVA is the one agency created to encompass all levels of advocacy in one place. Some states have their own organization,but NOVA is international. NOVA alternates between states to assure the hosting state gets the opportunity to show other advocates plans that have worked best to suit the needs of all victims,regardless of race or cultural background. PRESENTATION MATERIALS $4,000.00.Printing Project state mandated victim Suppliesand Supplies(e.g., notifications to include Direct binocular, brochures and $0,00 $4,000.00 $0.00 $0.00 $4,000.00 0 Operating battery, educational resource Expenses flexicuff,drug material to be testing kit) distributed by Victim Case Managerto victims at trainings and public presentations. SOFTWARE LEASE: Lease of computer software to help track our victims in a more precise manner.Lease e Supplies and Specialized is$75.00 per month Direct Computer however the lease is Operating Software paid in full for the year $0.00 $1,500.00 $0.00 $0.00 $1,500.00 0 Expenses ($5,000 or at$750.00 which less per unit) allows for 2 free months.All upgrades are free and there is no limit to the number of users.$750.00 x 2 years $1,500.00 You are logged,In as user Nene:rncar®Ir https:l1'egrants.gov.texas.goviproject/GrantPrintableSu ary.aspx?PrintCode=8 gh=1 -b... 911412017 se �' as 0 E AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of October 10, 2017 "CORPOR ED Second Reading Ordinance for the City Council Meeting of October 17, 2017 1852 DATE: 9/18/2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3268 Approval of the amendment to the previously approved agreement and appropriating funds for Vantage at Corpus Christi, LLC. CAPTION: Ordinance authorizing the City Manager or designee to execute an amendment to the previously approved Distribution Main Extension Construction and Reimbursement Agreement ("agreement") with Vantage at Corpus Christi, LLC., ("developer"); and appropriating $34,551.83 from the No. 4030 Distribution Main Trust Fund to reimburse the developer in accordance with the amendment to the agreement. PURPOSE: Vantage at Corpus Christi, LLC. located at 10113 Up River Road, south of Interstate Highway 37, east of McKenzie Road and north of Leopard Street has installed 340 linear feet of 6-inch water distribution main in order to provide adequate water to a multi-family residential development. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (2) Credits and Reimbursements of the Unified Development Code ("UDC"), Vantage at Corpus Christi, LLC., had requested, and was approved for, a Reimbursement Agreement totaling $4,154.50 for the development of Vantage at Up River Road, Block 1, Lot 1. The total construction cost for the 6-inch water arterial grid main was estimated at $66,810.00 of which the developer is eligible for a credit of lot or acreage fee of $28,103.67, the remaining balance of $38,706.33 can be reimbursed to the developer per Section 8.5.1.C(2). However, there was a calculation error in the previously approved agreement. Only $4,154.50 was approved instead of $38,706.33 leaving a balance $34,551.83. This proposed amendment requests additional reimbursement amount of $34,551.83 to be reimbursed to the developer. ALTERNATIVES: Disapproval of the amendment to the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer has extended a water distribution main to serve the residential development and was approved for the Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable 0 Other Project to Fiscal Year: 2017-2018 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,220,840.98 Encumbered / Expended $104,838.84 Amount This item $34,551.83 BALANCE 1 $1,081,450.31 Fund(s): Water Distribution Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance with Exhibits Presentation ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO THE PREVIOUSLY APPROVED DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH VANTAGE AT CORPUS CHRISTI, LLC., ("DEVELOPER"); AND APPROPRIATING $34,551.83 FROM THE NO. 4030 DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AMENDMENT TO THE AGREEMENT. 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 an amendment to the previously approved distribution main extension construction and reimbursement agreement ("Agreement"), attached hereto, with Vantage at Corpus Christi, LLC., ("Developer"), SECTION 2. Funding in the amount of $34,551.83 is appropriated from the No. 4030 Distribution Main Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the amendment to the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20177 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 , 20177 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 AMENDMENTTO THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT This is an amendment to the Distribution Main Extension Construction and Reimbursement Agreement originally dated October 14, 2016, by and between: Vantage at Corpus Christi, LLC and the City of Corpus Christi. This amendment is related to correcting the reimbursement amount. The terms and conditions of the original agreement remain effective and in full force, except for the following changes: NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend Article 15 Reimbursement to read as follows: 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner, the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $38,706.33 (including $4,154.50 previously paid) as shown in the attached Exhibit A, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner upon invoicing for work performed. The reimbursement will be made no later than 30 days from the execution of this addendum. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the Improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion d the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. EXECUTED by the PARTIED, 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. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta William J. Green, P.E. City Secretary Interim Director of Development Services APPROVED AS TO FORM: 12017 Buck Brice Assistant City Attorney for the City Attorney Vantage at Corpus Christi, LLC. By: David Starr Manager/President STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of , 20177 by David Starr, Manager/President, Vantage at Corpus Christi, LLC., a Delaware Limited Liability Company, on behalf of the company. Notary Public's Signature r , March 22, 2017 Mr. Christopher A. Weigand, P.E. ENGINEERING Big Red Dog Engineering/Consulting 5710 Hausman Road, Suite 115 SERVICES San Antonio, Texas 78429 110 ar>x 9277 ('crnlus('Ir1-isli Subject: Vantage at Up River Road located south of Up River Road and east of @ ex,N 78469-9277 McKinzie Road (FM 3386)- (Public Water& Wastewater Improvements) 2W Leopard Street 3"Floor Corpus Christi Texas 78 401 Dear Mr. Weigand: Pt,one 361-82 -350x) We have inspected the Public Water&Wastewater Improvements that were F aux,361-826-3501 constructed at the above named site. In addition, we also have your certificate of w mow.r:;c t;:ex as.cr.rttr completion and are satisfied that the work was completed in accordance with the plans and specifications approved by the city. Construction Inspection 4917 1lolly Ix.a., Bldg. 5 The contractor is held to a one-year warranty period of workmanship effective, Corpus Christi March 21, 2017. Date of acceptance was based on final approval notification from Texas"73411 Phone 361-826-3555 the Engineering Services, Construction Inspection Division. Fax 3131-826-3520 The improvements are hereby accepted by the City of Corpus Christi for permanent maintenance and operation in accordance with current City policy. Sincerely, Wayne Otto, P.E. Acting Construction Engineer for Engineering Services WO/pg CC, Development Services/Building Official Development Services/Land Development Capital Programs/Construction Inspection Capital Programs/Design Stormwater Operating Department/Director Street Operating Department/Director Traffic Operating Department/Director Wastewater Operating Department/Director Water Operating Department/Director Mlarch 16, 2017 City of Corpus Christi Engineering Services 4917 Holly Rd', Bldg 5 Corpus Christi, TX, 78411 Re: Vantage at Corpus Christi Sewer/Water Line Certificate of Completion To whom this may concern: Based on the information and documentation provided by the contractor, the public water and' sewer line and' improvements were completed and installed in general' conformance with the construction plans and City of Corpus Christi standard specifications,. Please, reference the plan of records for any further details,, As, always, if you have any questions, comments or would like to discuss things further, please feel'free to contact our office. Sincerely, MG RED DOG Enghieering Con suit g Texas Enginewing-firm No. F-11701 P. Russell ea -'-p.E President TRIAST R, f'r JTrj 1rZLr1rS, IJVC� 1501 N Water St. Mimet,7X 78611 / 512-756-5012(phone) / 512-756-5015(fax) I &istar.bb@gmaii.com Const,ructi�on Invoice Vantage, @ Corpus Christi 15-Jan-17 10 113 Up River Rd Corpus Christi, Texas 78410 PUBLIC WATER-Offsite Trench Protection 340 If $2.00 $680,00 6" C-900 DR-14 340 Is $100.010 $34,000.00 Reconnect Exist, Service 4 ea $1,500.00 $6,000.00 6"Valve Box 2 ea $500.00 $1,000m 6" Gate Valve 2 ea $1,450.00 $2,900.00 6" Pipe Fittings 1 ea $4,200.00 $4,200.00 Tie 6"to Exist. Line I ea $3,000.00 $3,000.00 Pothole& ROW Prep I Is $2,000.00 $2,000.00 Mobilization, testing, staking, haul-off, sand 1 Is $13,030.00 $13,030,00 $66,8110.00 Total Amount: $66y810.00 Submitted By: Barrett Braman Page 1 of 1 tiuw..�axa w�mraa��o• Cay 'n �b rss w CF S1A m •pA `u' gnu cl _ u i ISI into � k r kl N 10, goal e U s v 4t K 4t 4t R AW vl AIE SSE W Cj t aY ca n m t El Q J 0 Colo 6 : ¢ U _ n � i C..) k 7Y In O L0 'rr 8 1 Wl <n f1 U �-,a,es; cn cJ c�i 6i-� irs c�•1 u; c7, or<�i °r �s5 n O ql 'l. ) 0 110 0 Y) Gra rFD t✓3 Qe? kfD _ {C31 C7 to �.. Ell � 6. 4 U m a rt r3 it G V) j 0 w E rn1 c 2 LU W C 7 QQ trt 55�� LAI am MO d � � '' k� O {�,�' �' OU •4 a � iu d up, c o ��f O L�j„ O � � ��u R 'z W q +� A O m LY ,. �- O _q �i,� -b. m®,• „» ..,,, ,. ��+F3� Awa m.° ire, �» J u C 6 nr O Cj u O w } x M 1- 1- O Qo © acs h a F Ue(a h u O 7 ,- t> C CII!, 'D O lm2 UJ r CO {y 437 (D (,! O ' d. S) rt' e_3 {it 0) C! tO �.... 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(V 8 -J U) N w XD 2 _ 0 U ) 0 00 O C-) O C) Q G � C V D0 0 O O 0 0 G C) C') 20 p f L6 0 > F- G"1 es- {-O Q � O c C7 Lf O W W c� r') rD y « Cin 0) p U + fy M CSS Ca C7 ,- < UDIC;f ea re) G4 Cl- E ry Q) 0000000000 LL -JW Lci r-, to, 0, co, C, r, Lc, ui LO N 0 Q N 0) O o U �� cna> � cvr� � ,- W .t; CC) tiY 0 L() C7) CV to zr N KCM , > C[1 CL7 N C37 d 6) C� �O C.3 G 2 LL cli 0 (14 ER E!3 (n 69 EE? ff3 fH { O C G a Qy W O { (CS Q) x ro c m Q •c N z Q 5 ro E �2 2'd fu CV u p - m J r rc' a wc ® ' o p 3: ` M u u1 C C •U U � �J c-- N t7 �. tt3 - CCS (O U LU .. m.—,., ,, .,. . . .� .,; 07 d U F_ J (") '�. LO 40 I`w BROADWAYBANK -011009 5719 KENVVICK P.O.130)(17001,SAN ANTONIO,TEX 3217 SAN ANTONIO,TEXAS 78238 (210)283-6500(800)531-765U (210)523-1111 88-2193/1140 PAY Twenty-Eight Thousand Four Hundred Sixty-Two and 501100 Dollars TO THE DATE AMOUNT ORDER OF 12/19/16 *****28,462.50 Tri Star Utilities, Inc. 1501 N. Water Burnet, TX 78611 1100 67 W09110 non � I'M 2 X933000 11"00009 U9 7 21,11 CL AN E,COHTRACTING GROUP,LXD. 011009 Date Description Balance Due Deduction Jet mount 16 t NA 11/20/ 6380a pp 6 28,462.50 28,462.50 28,462.60 0.00 28,462.50 Check Date CheckNumber 12/19/16 11009 CRANE CONTR-ACTING GROUP,LTD. 011009 Pay to: Tri Star Utilities, Inc, Date Description Balanceu De Deduction Netm Aount a a 11/20/16 6380 app 6 28,4622 .50 28,462.50 Check Date Check Number 28,462.50 0.00 28,462.50 12/19/16 11009 J WDL P- i\ligl0fJAl-DOCtJNriENTSOLUTIONS 600-325-3120 T264475 COND11'10NAL WAIVER A14D RELEASE ON PROGRESS PAYMENT Project Vantage at Corpus Christi Job No. 6380 On receipt by the signer of this (locum ent of a (,,heck froni Crane Contracting Croup, Ltd. in the surri of $ 28,462J50 payable to Tri Star Utilities, Inc. and when the check has been property endorse(,) and has been paid by the bank on which it is drawn, this (10CLA-frent becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, or any coalmon law payment bond, right, any clairnfor payment, and @fly rights under any similar ordinance, rule, or statute related to claim or payment rights for. persons in the signer's position that the signer has off the property of Vantage at Corpr.rs Christi, LLC located at 10113 Up River Road Corpus Christi, TX 78410 to the following extent: New Construction, This release covers as progress payment for all labor, services, equipment, or materials furnished to tile property of,to Crane Contracting Group, Ltd, as indicated in the submitted invoice(s), statement(s), or. progress payment request, except for unpaid retention, pending modifications and changes, or other items Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer, The signer warrants that the signer has already paid or will Use the funds from this progress payment to promptly pay in full all of the signer's laborers, Subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the submitted invoice(s), statement(s), or progress payment request(s). Company Name: Tri Star Utilities, Inc. Date I I By: Title: Signature: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the EC961-11 day ofI. ?(en1bt,,y .2011z. by. 6V1 \A)- Via- . b1c for the consideration lierein expressed, on behalf of same. Notary Public in and for the KARA SUE STARKEY o 'IV Pub ie of DAOS lic,Stale T' P My commission Expires z SepleM a. 0 1 9 September 28, 2019 STATE OF TEXAS • Notlo(y Public,Stale of TeA09 ......... Form Request for Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name Is requ'red on this Bine;do not leave this Bine blank. Vantage at Corpus Christi, LLC N 2 Business name/disregarded entity name,if different from above Vantage at Corpus Christi e_____ CL c 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to ® ElIndividual/sole proprietor or El Corporation El Corporation El Partnership ElTrust/estate certain entities,not irudividuads;sea d c instructions on page 3): single-member LLC ❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)Do- P Exempt payee code(if any) `p ` Note.For a single-member LLC that is disregarded,do not check U_C,check the appropriate box in the line above for Exemption from FATCA reporting c the tax classification of the single-member owner. code(if any) - u ElOther(see instructions)D, (Applies;to accounts m0tawam wr0do th.U i !® 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) v a 7334 Blanco Road,Suite 200 6 City,state,and ZIP code in San Antonio,Texas 78216 7 List account number(s)here(optional) Taxpayer Identification Number(TINY Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generay your social security number(SSN).However,for a -- M N — MMm MM MMM MW MN resident alien,sole proprietor,or disregarded entity, p see the Part I instructions on page 3.For other entities,It is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for _Employer'dentification number ------- guidelines on whose number to enter. 4 7 — 4 7 0 9 6 0 6 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)Indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to r port all Interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or andonment of secure property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other th I'nte st and dividen ,you are not required to sign the certification,but you must provide your correct Ti N.See the instructions on page 3 .............. ..._....... Sign signature of 3/20/17 Here u.% person► """—"-7-- I , Date► General Instruction •Form 1096(home mortgage interest),1096-E(student loan interest),1096 T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(;such .Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/hv9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An indiv=dual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must Wen your correct taxpayer kdentification number(TIN) to backup withholding.See what is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identifucation number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of mformatioru returns include,but are not limited to,the following: 2.Certify that you are not sub,iect to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also cert tying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certatin other transactions by 4.Certify that FATCA code(s)entered on this form(if any)Indicating that you are brokers) exempt from the FATCA reporting,is correct.See what is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat,No.10231X Form W-9(Rev.12-2014) Y DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule muni6pality, and Vantage at Corpus Christi, LLC., ("Developer/Owner'), a Delaware Limited Liability any. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on June 2, 2016 to develop a tract of land, to wit approximately 19.74 acre tract of land, known as Vantage at Up River Road, Block 1, of 1 as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension")® WHEREAS, it is to the be interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; ® Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement inthe future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained inthis Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted tothe City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed int State of Texas, acceptable tot City's Development Services Engineer, to prepare and seal plans and specifications forte Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit in incorporated by reference into this Agreement, with the design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements- 1. Install 340 linear feet trench protection 2. Install 340 linearfeet 6-Inch PVC waterline 3. Install four(4) %short service 4. Install two (2) valve boxes 5Install two (2) 6-inch at valves 6. Install one(1)fire hydrant 7. Install 1.5 ton pipe fittings all sizes and types & Install one ®i water tie-in 9. Install one(1) hydrostatic testing 10. Install two (2) lump sum 2-inch temporary blow offs b. The offsite Distribution in Extension must in at the south end of property and extend east alongside East Harrington Street and tie into existing waterline on West Harrington Street. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheetsand Standard Specifications. d, Before the Developer/Owner starts construction, the plans and specifications must be approved by the Ci °s Development Services Engineer. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. 2. The Contractor shall do all or as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor,tools, material, machinery, equipment and incidentals necemry for the prosecution of the work. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate tot City the required additional public utility easements('Easements"), if any, necessary for the completion of the Distribution Main Extension. 4, PLATTINGFEES. Developer/Owner shall pay tothe City the required acreage fees and pro- rata fees as required by the UDC forte area oft Distribution Main Extension. Distribution Main Reimb Agmt-Vantage at Corpus Christi-Vantage at Up River Road,sik 1,Lot 1 VFInM Page 2 of 9 Standard Form Distribution Main Reimbursement Agreement TempWe Version 1 0 3 29 16 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall avirard a contract and complete the Distribution in Extension, under the approved plans ands ecific tions, by August 9, 2017. 6. TIME IS OF THE ESSENCE. Time is oft essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review oris ions by the City, then the City's reviews or inspections must be completed thoroughly and promptly. B. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 1 Oth calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the C4's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the at of approval of this Agreement by the City Council. c, Developer/Owner fails to award a contract fort construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the to of approval of this Agreement by the City Council. d. Developer/Owners contractor does not reasonably pursue construction of the Distribution Main EAension under the approved plans and specifications, e. Developer/Owners contractor fails to complete construction of the Distribution in Extension, under the approved plans and specifications, on or before August 9, 2017. f. Either the City ort Developer/Owner otherwise fails to comply with its duties or obligations and this Agreement. g, Failure of the Develd per/Ownerto comply with Sections 13 or 14 of this Agreement. 9. NOTICE AND CURE. a. Inthe event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, tothe defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period') to curet default. c. In the event the default is not cured byte defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fall toperform any obligation or duty of this Agreement, the City shall in notice to the Developer/Owner, at the address stated in section 11, of the need toperform the obligation or duty and, should the Developer/Owner fail to Distribution Main Reimb Agmi-Ventage at Corpus Christi-Vantage at Up River Road,,Elk 1, Lot I Winal Page 3 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1 0 3 29.16 perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty oft Developer/Ownerun er this Agreement and charge the cost of such performance tot Developer/Owner. The Developer/Owner shall pay tot City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. Inthe event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. Int event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default 10. FORCE MAJEURE. a. Tet "force majeure"as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control oft party claiming the inability. b. ® by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement,then the party claiming force majeure shall give written notice of the full particulars oft a force majeure tot other party within ten (1 0)business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations oft party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch, 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner Vantage at Corpus Christi, LLC attn: David Starr 7334 Blanco Road, Suite 200 Distribution Main Reimb Agmt-Vanlage at Corpus Christi-Vantage at Up River Road,,Bilk 1,,Lot 1 Final Page 4 of q Standard Form Distribution Main Reimbursement Agreement Template Version 1 0 3 29 16 San Antonio, as 78216 2. If tot it : City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn- Assistant City Manager, Business Support Services 1201 Leopard Street 784,01 Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owners contracts with the professional engineer for the preparation oft plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main Ekension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance oft facilities by the it . 14.2. Removal of Defective and Unauthorized Work: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the Developer/Owner's sole expense. b) Defective materials must be immediately removed from the site oft work. or not in conformance tot Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written Distribution Main Rehb Agmi-Vantage at Corpus ChOsti-Vantage at Up River Road,Blk 1,Lot I vFMal Page 5 of 9 Silandoo Form Mstribution Main Reimbursement,Agreement Template Version 1 0 3.29 16 authority and prior agreement in writing as to prices shall be done at the Contractors risk, and considered unauthorized and not eligible for reimbursement. c) The work, at the option of the City Engineer ort City's Development Services Engineer, may be ordered removed at the Contractors expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Developer/Owner to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will,after giving written notice tot Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution in Extension up to an amount not to exceed $4,154.50 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement, b. The City agrees tori burse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 6. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the city. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPERJOWNER SHALL FULLY INDEMNIFY, SAVE, AN HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSiWTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES Nstribution Main Reimb Agmt-Vantage at Corpus Chrish-Vanlage at Up River Road�Dik 1,Lot 1 VFInat Page 6 of 9 standard Form Dislribuftn Mah Reimbursement Agmement TernpWe Ver.,Aon 10 3.29 16 SUSTAINED , INCLUDING WITHOUT LIMITATION, ' ARISINGCOMPENSATION, PERSONAL INJURY OR DEATH, INCIDENT TO, BE CAUSED BY, OR BE IN PROXIMATELY1 THE DISTRIBUTION 1 INDEMNIFICATION INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWNEMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION . 17. COVENANT RUNNINGWITH THE LAND. This Agreement is a covenant running with the I , to it: approximately 1 .74 acr s of acres known as Vantage t Up River Road, Block 1, Lot 1, a subdivisionin CorpusChristi, Nueces County, Texas, and mustrecorded the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on andinure to the benefit of the Developer/Owner's successors or assigns. 1 . ASSIGNMENT AGREEMENT. This Agreement or any rights under this Agreement not be assignedthe Developer/Owner to another without the written approval and consent of the City's i r. 19. DISCLOSUREINTEREST. Developer/Owner agrees, in compliance itCity Ordinance No. 17110, to complete, as part of this Agreement, the Disclosureof Interest for attached tot is Agreement as Exhibit 6. 2 . EFFECTIVE DATE. This Agreement beco s effective and is bindingand inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from nafter the date of final execution by all parties. 1. AUTHORITY. The person signing this Agreement o a If of eachof the parties represents, arr nts, and guarantees that they have authority to act on behalf of the party and make is Agreement i i fore I it signature. EXECUTED IN ONE ORIGINAL this day of , 20 (EXECUTION A L ATTEST: CITY OF CORPUS CHRISTI Distribution plain F2eImb Agra-vantage at Corpus Christi-vantage at up Rover Road,Mk 1,Lot 1 vrinat Page 7 of Standard Form Distribution Mairr Reimbursement Agreement Template Verslon 1.0 3 29.16 Rebecca Hurta CancOi° 'I'riiiu City Secretary interim Development Services Director THE STATETEXAS COUNTY OF NUECES s instrument was signed by Rebecca Huerta, City Secretr` ry, *taPublic, hn l .... raft fCorpus.., tats Texas MONIQUE Tl' E tlf;iRM i'iolary Pub 1I°T'ATii;Vii` TEXAS� ^�'�Trn Exl id m� E1'7 THE STATE OF TEXAS COUNTY OF NUEGES § This instrument was signed bykn%cGinn, Interim v l nt Services it ct®r, for the i . pus,Christi, Texas, and acknowledged bfr the ,.�day cif M. „e 6. lig State T C o EEJUAN ommission it strobsr 1 ,2017 of A IR MWIL APPROVED AS TO FORKI� � " i� 2016, ...�rrr� .....� ., til IRFrRFTAR I. uwoomonmmm�,,'°ryNmmni000unw�nnnowwwm,.�m.w.�,,,.��.w„ Assistant City Attorney Distribution Main Reimb Agmt-Vantage a9 Corpus Christi- antage at Up River Road,BBQ 1 Lot 1 0-irnW gage 8 or g Standard Fonnn Distribution Main Reim bumement Agreement TempWe Version 1.0 3 2916 A us Va Christi, LLC David E t rr Manager/President STATE OF .. , ,. COUNTY ;_ This instrument was acknowledgedbefore � �° � 201 by DavidStarr, Manager/President, e t ®r r i, L , e' are Li Liability Company, on behaff of ei company. tary Public's i at r C-apeoggZ t t AIDIONBaa€array® 201)(81 jo GICIS' IIq MI NIAGOO Distribution MaDn Reimb Agmt-Vantage at Corpus Chrlsti-Vantage at Up raver road,BIk 1 Lot I vFlnal Page 9 of 9 Standard Form Distribution Main ReWbumement Agreement Template Version 1°g 3,29 16 Fm V, w? eir..5 M VY iW .9°ft°Pim"nP;.w V.iM,. 4 U. a u I I I9 ^d cq 004 �a 4 0S *� 0 0 91A G 0 E C4 a acoC CII 0 0� 5 D qn�°E EM 0 0 04 Do um Mx ,.» Ia -0 L a. z U Q in c 0 a. 0Ln-E-0-, &� ea. "� r- a E E = 6 yy��qq by Loc in -0 c� a a � � E CD CD z g a 2'22 On< 2 d. Pom Eo -� CL a av 00.0 Rumt fog aE�B. g . 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I APPLICATION FOR WATERLINE REIMBURSEMENT 4 ,' We, Vanta e at CorpusChrist!, LLC, 7334 Blancoit n i , owners d developersf LOT ), River , a subdivision the City f Cor 's Christi, ass according t r la thereof recorded in Volume 6%, Pages the Map of Records of Nueces County,Txs, hereby request reimbursement '7:25(' w 1:� - j for the installation of the 6 Inch t r type line, i conjunction with sd lot, as provided for by City Ordinance N0. 17092.$79,715.69 is the construction cost, i 1 i Engineering Surveying, i excess t , as cos s i cu shown cherewith. $723,78,50- March 9, 2016 ° . - David Marr, Manager Vantage at Corpus Christi, LLC STATE OF TEXAS § COUNTY OF BEXAR § This instrument was ac I f r L-'—All,- ' Vantage at Corpus Christi, LLC, A Texas limited liability company, on behalf o 'the said corporation. IE GOODWIN utiva, � Nofc.5t i of Texas COMM.EX065 10-12.2019 N 'ary Public in and for the state of Texas Notary 10 12620842-3_ CERTIFICATION The information submitted withi i fi r reimbursement has reviewedbeen ined to be correct. Reimbursement is subject to: Sufficiency in the ArterialGrid i , and Appropriation and apv i . w Development Services APPLICATION FOR WATERLINE CREDIT Vantage at Corpus Christi, LLC, 7334 Blanco ,SuiteAntonio, b 78216, vers , BLOCK (1)Vantage at Up River , a subdivision City of Corpus Christi, as shown according to the map or plat thereof e r in l ,p , of the Map of Records of Nueces County,Texas, hereby apply for$68,624.00 credit s the water iot/acreage fee for installation of the watm type line as provided for by City Ordinance 17092. ® a s the construction cost, including 15%Engin ri yi s shown by the cos supporting documents attached herewith. $72,7713.50-11 Mar b David Starr, Manager Vantage at Corpus Christi, LL a � iliistriu�rlunalrut;was before me on � ^ �� � °� f 16 2016, ll,°����.,. �� r � m r� ���;�"„�''� .,. .('14�a�rr e), ! "'Uu Ji�C4"jL_(FJ tie), 'Vain tage at Corpus Christi, Ik.'LC, A r1e as fira°nited 1kab'ility corurllrpany, a,m, Ik)10,u mlf olf tk'uie airs cor,poi atkini, para. Notary Public,state o1 Texps . '„ MIKE GOODWIN No l'°i6,1N 1ll� Vlf" i1 'i a . , Comm.Erzwres 1 -1 - D1 ®tart'ID 12620642.3 I ® assu ., •tnsos L 4- ---------- C) Y 4- Z4 0 �a co 11.1 J Wo, ce LIJ z UJ 1 1 ry i 1 re r a nLn s06 < UR; = ! _ ! c } r E ® _ r ® 8 liar M 0 tt ta E r 1 ` 1 1r r i ele 6 E;j s si 1 i E�E :i 1�3q i 111!4 �r1f 1! q � � €f j• i ��If 1�1�!.r 1� Fig- ill, i rItsitr •�!Jill=1. Tit r, i tl Ott i ''r ° w��,�, ,w.�,,,.>r»'�..r.Fw,� rw•=iwx,�..,,,�m- - � "�' � �d ,�.�.�»,�„�,� „r., ,,,,,�,�,,,,�w,.»K».,�,�Mr�: .w.^^ d CD4— u m ..t ' _ N', :.,M�. .,m.,,,. M.,�. . .. .. .. .,.R .,� .�. . �,. 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LA 4— III i( 0 ca CL IN Bill! hp ........... !L— =1 E, co RJR ro LLJ YA oil mr-M • is n rX &ZO PH AM VRffA(:E AT CDRM Comi I roru WAM SYMIM MAILS f ��a�ita eat Care:. pus, Christ ,C v � L�t 1 t; �Ixn. �. rem / / // /// I // t J y111011111 r /i //// // i/ 1 /r r / � /�// /% NSTR�ICTIONFEESl �f/// // , /�, n."Pfbg4S�A�"ISafy 1m4wJ1,ryAr mfl�u�r��f�fifl.14H,�¢Y�r'M @9v;�rr,��/yi;�l',.�y"rto oia r> �������1,.��J➢dAl,��A ���� O MCost 2"Copper Pipe o '6" PVC Waterline I- $197,370,00 I I� 6"'Gate Valve%vidi Valve Box S 1,3WOO Oddi $14,300.,00 81'11 Gate Valve%vilh Valve Box Pipe Fittings All Sizes and Types S4.000,00 SUB-TOTAL(Onsite Water Improvements) $390,995.00 aImurovements: —'--�=uantit Unit Price Cost ,6"PVC Sanitary Sc%�er 8"PVC Sanitary Sc%er MUM M I–IWIfI 4"Fiberglass Manhole SUB-TOTAL(Onsite Sanitary Sewer Improvements) $132,610.00 Offshe Sanitary Sewer Improvements: Quantit% Unit Price Cost 8" PVC Sanitar� Sewer --------------- 4'0111 SUB-TOTAL....(Offsitef" r $61,320.00 �nry, ry Estimated strciCosts m Ali BRD Job No. 116.001 6/3/1 Onsite Storm Drainage Improvements: -uantift Unit Price Cost 1 I8""HDPE 1,085 LF $.55,00 , $59,675,,00 2 24°"HDPE 1,225 EA $65..00 $79,625..00 3 24"RCDP C"lw s 111 35 EA $90M $3,1501,00 4 10"(:sorb Inlet 7 EA S.5"050.00 w $35,350,,00 5 4"XTOrate Inlet 5 EA $2,600.00 $13,000,00 6 Discharge Structure I LS $5,500.00 $.5,,504,00.1 7 2,4r"SE I I'S $3,„5G111,Q10 53,,5110,00 SUB-TOTAL(Onsite Storm Drainage Improvements) $199,800.00 0 Water Improvements site $390,995.00 Sanitary Sewer Improvements site $132,610.00 Sanitary Sewer Improvements Offsite $61,320.0 Storm Sewer Improvements site 5199,800.00 Mobilization $45,000.0 TOTALIMPROVEMENTS , 725.00 Engineering and Survey (15%) 15.0% $124,458.75 % CONTINGENCY 10.0% $82,972.50 OVERALLTOTAL S1,037,156.25 Exhibit e 2 of 3 HIM/ r J , / / /��I�/�� I�� f ry✓1 I P f 1 ,///'/ r//r f 1Y ,����ll,���l��. ,I����� �. ���if��l����///�������fYlli�����ll'V,,,,1�1��;ui��ir���lr.wiih�? 1U�H�r���,rr�;rrl„��l�r/�;J�t,�idyu�r�r�U�rtuiil��i��rrrlvi��✓�rJfrr7Y��rr��r,,/Ji>'>��Yl�����1 " . n✓rar,./�Mri Mr/ie r,: /,/„/, ,m1.�.a�c,rvil✓/wur l Evil, /f / I J f 1 W , f 1�����J � � ( U iONFEsJf 1 r�, �,1 '/ t rf 1 CONSTR T f / /, d +�rw;Yf//�If�FRN FN u�xtt4%1F'fifi to✓r old/,/rl(✓ ✓l«r(v-r Fllr�frl�ox,nxfDNFAlJil4li'WfI2r����� � IINIIrtd �✓�w �!tti�41 �IWiI �tt�D11� ���� �+'!Sr����I�ll9 V��G � I .,,,,, 4INSKOXMINWO ( oil wIr i // v 4 I� I/✓r Iam.1 v_...rlrwm»I� �r r:'✓as ,�Ixo,/M:-, r, /elc:.,,/u✓, r ria.cl ,rr „/rlr.n vrw/i iwvfnlrr',.�tl ^ Intiw,��u uf.: im�ro/ Iro1u r mrnf ,..r� /y/l /� /ri .,. Y f. 1 a!. / r, M ESTIMEI T[ON/OF/CONST UCTIOI' FES /r�ifiif/l��'..II,HMun/lfiHlw�ilfy M1f1�6f;uLi"Hfifll/Wrl ! ” VIII ; ► . # INSURANCE [1 TS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the is Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence I. Broad Form $2,000,000 Aggregate 2. PremisesOperations 3. Prod ucts/Com p I eted Operations Hazard 4. Contractual Liability 5. Broad Form Property Darnage 6, Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability(if applicable) 9. Underground Hazard (if applicable) 10. Environ BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired &Non-owned 3. Rented & Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph 11 Of This Exhibit. EMPLOYER'S LIABILITY $500,0001$500, 001$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased ersonal roe sr all erils, C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days ofthe accident. Exhibit 5 Page 1 of 3 11. ADDITIONAL REQUIRE ENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law.The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts suff icient to assure that all workers'compensation obligations incurred will be promptly met. An"All States endorsement shall beincluded for Companies not domiciled in Texas® B. Contractor shall obtain and maintain in full force and effect forte duration oft is 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-Vil. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. Ail notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- •ax 4 D. Contractor agrees that with respect to tea ove required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • Ust the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply tote city or corpus Christi where the City is an additional insured shown on the policy; • Workersccs mpensaid n and employers'Iia iI ity policies will provide a waiver Of SUbrogation in favor raft e City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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. Ina i ion to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements teat e extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, an or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 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 agreement. 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 and completed operations and activities 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. Exhibit 5 Page 3 of 3 Chy or corpus chrW I,Texas Son!I cm CP.0 Box 9277 ity of Cnrpus Chi'isfl,Texas 784e&9277 (361)826-3240 Corpus Locau'd m 2406 Lropard Stroca MEFSOMOF Korner of lbrapird St and Poit Avei Christi %EOV%lnvo%mow DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112® as amended, requires all persons or firms seeking to do business with the City to provide the following information Every question must be answered. If the question is not applicable,, answer with'NA". NAME: AAF-Vantage at Corpus Christi STREET: 7334 Blanco Road Suite 2.00 CITY: San Antonio,Texas ZIP: 78216 FIRM Is: E]Corporation [I Partnership []Sale Owner E]Association [] Other___ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page ore c 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 teabove named "firm". Name Job Title and City Department(if known) NIA 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 NIA ................ .............. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership In the above named "firm". Name Board, Commisslon, or Committee NIA .......... 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 "fin-n". Name Carusultant IVA .......... .............................................................................. ------------....................... CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requestedand that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur, Certifying Person, David Starr Title: MEagg2L_ (Print) Signature of Certifying Person: Date:. L MHE STY, STATBIENT1 2712 DOC 5Fi ITT NS a. "Board Member'. A member of any board,commission or committee appointed by the City Council of the City of Corpus Christi,Texas, b. "Employee'. Any person employed by the City of Corpus Christi,Texas, either on a full or part time basis,but not as an independent contractor. c. 'Firm". Any entity operated for economic Hain, whether fessional, industrial or commercial and whether establish to produce or deal with a product or service,In uding but not limited to,entities operated in the form of sole proprietorship, as self a loyed person, partnership, corporation, joint stock company, Joint venture, receivership or trust and entities w Ich,for purposes of taxation,are treated as non-profit organizations. d. 'Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads and Municipal Court Judgesof the City o Corpus Christi,Texas. e. 'Ownership Interest'. Legal or equitable interest, whether actually or constructively held, In a firm, including when such interest is held through an agent, trust, estate or holding entity. 'Constructively held' refers to holding or control established 1 rough voting trusts, proxles or special lerms of venture or partnership agreements. E '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 RWEVUWMRMvCSM1APMmLA11D DEVELOPMENMRDINANCE AMVM1MMGMrFUCA1W9rMLMU1S AS rMW3ALUQt_2WWL0RMaF WMMS STATCAM 27!!DOC Exhibit O � a-J O T J Np i E o U � =3 O .- O E N U � V U tw W V i a m tw E m > a rA r �ar u4� ," "�_IIQf� $ I �. �fI, rhe � Y . ;fl CIS � i� a tr f }u 4A w1 ti f�6 r C i � C n � �r ,' � r ��KkyrWgg� ��6�( kaprrrt�tx�r e /D i r @ �ll l� �ll J el i.. o , u , . r � cu r �cu w � cn O _0 LnC O O ca =3 O � Ln v > O N � O +� O �_' `n _0 to uc ( i O ca Ca O 0 O U v ra Q }, � � Q � � v C v O (A v Q> S E •� � N 0 U i +� 0 W U v m U E ,� E E o0 Ln Ov E � J ,O '=3 ca O cn J +-' O 0- O 4A 4�A O D — ,, r Q a--+ (1) O Ca U O O v �0 V♦ C O V W !"1 O E un O a) 4-j C/) O V � r4- n V J se �' as 0 E AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of October 10, 2017 "CORPOR ED Second Reading Ordinance for the City Council Meeting of October 17, 2017 1852 DATE: 9/19/2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3268 Approval of the amendment to the agreement and appropriating additional funds for Peterson Properties, Ltd. for the construction of the distribution water line. CAPTION: Ordinance authorizing the City Manager or designee to execute an amendment to the Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") with Peterson Properties, Ltd., ("Developer"), for the additional construction cost of a distribution main line and appropriating $64,035.73 from the No. 4030 Distribution Main Trust Fund to reimburse the Developer in accordance with the amendment to the original Agreement. PURPOSE: Peterson Properties, Ltd., has installed 330 linear feet of 6-inch water distribution main in order to provide adequate water to a commercial development. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (2) Credits and Reimbursements of the Unified Development Code ("UDC"), Peterson Properties, Ltd., was previously approved for a Reimbursement Agreement totaling $19,159.00 for the development of Westpoint Crossing, Block 1, Lots 1 and 2. The development is located on the southeast corner of Old Brownsville Road and South Padre Island Drive. The development required the extension of 330 linear feet of 6-inch water distribution main in order to provide adequate water to the property. This improvement was approved in the original agreement; however, additional items had to be added to the reimbursable work including 110 linear feet of boring and casing unforeseen in the original estimate. The final construction cost of referred improvements added up to $83,194.73. The developer was reimbursed $19,159.00 per the previous approved reimbursement agreement leaving a balance of $64,035.73. This proposed addendum requests additional reimbursement in the amount of$64,035.73 to be reimbursed to the developer. ALTERNATIVES: Disapproval of the amendment to the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer has extended a water distribution main to serve the development and was approved for the Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable 0 Other Project to Fiscal Year: 2017-2018 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,220,840.98 Encumbered / Expended $139,390.67 Amount This item $64,035.73 BALANCE 1 $1,017,414.58 Fund(s): Water Distribution Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance with Exhibits Presentation ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH PETERSON PROPERTIES, LTD., ("DEVELOPER"), FOR THE ADDITIONAL CONSTRUCTION COST OF A DISTRIBUTION MAIN LINE; AND APPROPRIATING $64,035.73 FROM THE NO. 4030 DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AMENDMENT TO THE ORIGINAL AGREEMENT 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 an amendment to the distribution main extension and construction and reimbursement agreement ("Agreement"), attached hereto, with Peterson Properties, Ltd., ("Developer"), for the additional construction cost of a distribution main line. SECTION 2. Funding in the amount of $64,035.73 is appropriated from the No. 4030 Distribution Main Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the amendment to the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20177 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 , 20177 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 AMENDMENTTO THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT This is an amendment to the Distribution Main Extension Construction and Reimbursement Agreement originally dated October 11, 2016, by and between: Peterson Properties, Ltd. and the City of Corpus Christi. This amendment is related to appropriating additional funds to the reimbursement amount. The terms and conditions of the original agreement remain effective and in full force, except for the following changes: NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend Article 15 Reimbursement to read as follows: 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner, the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $83,194.73 (including $19,159.00 previously paid) as shown in the attached Exhibit A, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner upon invoicing for work performed. The reimbursement will be made no later than 30 days from the execution of this amendment. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the Improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. EXECUTED by the PARTIED, 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. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta William J. Green, P.E. City Secretary Interim Director of Development Services APPROVED AS TO FORM: 12017 Buck Brice Assistant City Attorney for the City Attorney Peterson Properties, Ltd. By: Patricia Peterson Nuss General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of , 20177 by Patricia Peterson Nuss, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. Notary Public's Signature Peterson Properties, Ltd. By: Christy Peterson Brown General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of , 20177 by Christy Peterson Brown, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. Notary Public's Signature Peterson Properties, Ltd. By: James D. Peterson General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of , 20177 by James D. Peterson, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. Notary Public's Signature i I � yr June 6, 2017 Mr. Murray F. Hudson, P.E. ENGINEERING Urban Engineering SERVICES 2725 Swantner Drive Corpus Christi, Texas 78404 P 'Baa,x 927 0:111.'pus C°a'n'ti Subject: West Point Crossing Waterline, Lots 1 & 2, Block 1 — Located south of 784169-9277 State Highway 358 and west of Old Brownsville Road (Public 1 011 ICAmliard SrR!ct Improvements—WATER) V;:°aarvausw .�aaa.a Dear Mr. Hudson: Tex a:!e 8401 We have inspected the Public Improvements--WATER that were constructed at Fa%3611-826-350 the above named site. In addition, we also have your certificate of completion and as k1V%V'a3Uxaasoan1 are satisfied that the work was completed in accordance with the plans and specifications approved by the city. The contractor is held to a one-year warranty period of workmanship effective 410 � lu,'a:a h Isar.° �:�IId�;„.5 June 1 2017. Date of acceptance was based on final approval notification from �`�rurpau.uaa�"'llarlf��� � P PP T.„'aas 7 4q II the Engineering Services, Construction Inspection Division. Phone 361 8216,3555 leap%3161 '.:,6°:3520 The improvements are hereby accepted by the City of Corpus Christi for permanent maintenance and operation in accordance with current City policy. Sincerely, Ernesto De La Garza, P.E. Construction Management Engineer for Engineering Services EDLG/kc CC: Development Services/Building Official Development Services/Land Development Capital Programs/Construction Inspection Capital Programs/Design Stormwater Operating Department/Director Street Operating Department/Director Traffic Operating Department/Director Wastewater Operating Department/D!rector Water Operating Department/Director Mark Orozco From: Ed Sanchez Sent: Thursday,June 01, 2017 3:49 PM To: Julio Dimas Cc: Grace Solis; Mai Bernal;Annika Gunning; Gloria Garcia; Norman Walters; Danny Davila; Andy Leal Jr;Jesse Hernandez; Priscilla Ramirez; Priscilla Garza; Larry Fisher; Shelly Donahue; Kathleen Tower; Ultra Pena; Kene Sapenter; Gene Delauro; Beverly Priestley; Anthony Silvas (asilvas@nuecescad.net); Miguel Torres;Amy Elizondo; Kent Power; Ratna Pottumuthu;Jalal Saleh; Dana Espinal; Hilda Mihalco; Mark Orozco; Keren Costanzo; Laura Sheldon; Priscilla Gonzales; UtilitiesGIS;Jorge Leos; Bill Green; Ernesto De La Garza; Katherine Castle Subject: West Point Crossing Waterline, Lot 1 and 2, Block 1 Good Afternoon Julio Dimas, Construction Inspections Department recommends acceptance on the above reference subject as all requirements have boon mot per UDC Section 8.1.12 Technical Requirements for Final Acceptance of Infrastructure Improvements. Please fool free to contact me at any time concerning this project. Thanks, Ed s"dog Engineering Associate City of Corpus Christi Engineering Services 4917 Holly Rd, Bldg 5 78411 Office: (361) 826-1738 Mobile: (361) 877-5103 Fax: (361) 826-3520 Email: EdSa@cctexas.com 1 II� CERTIFICATE OF COMPLETION I, Murray_F. Hudson, P.E. , certify that I am a Registered Professional Engineer, License No.78198 , in the State of Texas, and verify to the best of my knowledge and belief to the City of Corpus Christi that the waterline improvements required in connection with Westpoint Crossing Lots 1 &2, Block 1 have been completed in accordance with the City ordinances and the plans and specifications t approved by the City on May 19, 2017; that our survey crews provided construction staking for lines f and grades; that the work is built correctly to the best of my knowledge and belief to the lines and C grades approved in the plans; that the materials and workmanship comply, to the best of my knowledge and belief, with the approved plans and specifications; and that the plat has been filed for record with the County Clerk; all with no exceptions. i Record Drawings are attached in accordance with the Platting Ordinance. As authorized representative of the owners, I request that the City of Corpus Christi, in consideration of the completion of this work, accept these improvements and dedications and assume ownership and responsibility for future maintenance and operation. Date: VA" Signature lYa 'i 4 Urban En ing eering Firm Name (Seal) p f'�0069ptltlF'rJl:RtldCayampEwneatl@hratl.sMrsnt f' i!'.� ;�' r' 2527 Swantner Drive Bl'QsiSTj OPJ®Oq all DOW©mor OMI Address F Corpus Christi, Texas 78404 (One executed.- opy-to be submitted to Director of Engineering Services, P.O. Box 9277, Corpus j Christi, Texas 78469) i STATE OF TEXAS § COUNTY OF N(JECES § BEFORE ME, the undersigned authority, on this day personally appeared the undersigned Affiant, who, being by me duly sworn, on oath stated: My name is Murray Hudson, the Project Engineer of Urban Engineering. I am over the age of eighteen years of age, of sound mind, capable of making this Affidavit, and fully competent to testify to the matter state herein, and I have personal knowledge of each of the matters stated herein. Reference the Westpoint Crossing lots I & 2, block I project, Urban Engineering has been paid in full by Peterson Development for all work associated with water and wastewater public improvements as of the 24th day of July, 2017. Further Affiant saith not. URBAN ENGINEERING BY: Printed Name: ' h&-troAl 14yAse,& SIGNED AND SWORN TO BEFORE ME on this the (z day of 2017. t XAVIER GALVAN Notary 10 # 125186163 N"lic, Stat Te My Commission Expires February 1, 2021 Joky No. 40706.136.02 URBAN ENGINEERING February 1, 2017 Annika Gunning Yankee Sr. Project Manager Development Services A Business Support Services Department 2406 Leopard Corpus Christi, Texas 78408 Subject:Westgrt Crossinq 1.jos 1 2 Block 1 Water Irnpfcvements Dear Annika, Please find attached to date estimate of reimbursable improvements. Developer is requesting reimbursement in the amount of $50,580.45 less previous reimbursement of $0.00 equals total currently due $50,580.45, for to date improvements constructed at subject project. Also attached is the current contractor payment request for your files. Please let me know if you have any questions. Below is developer information. Peterson Properties, Ltd 5830 McArdle suite 201 Corpus Christi, TX 78412 Sincerely, URBAN ENGINEERING Murray . Ht.adson, P.6 enol/ph (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www,urbaneng,com TBPE Firm#145 TBPLS Firm#10032400 Eng: Murf Hudson, P.E. Reimbursement Estimate June 1, 2016 By: C.R.R. for Job No. 40706.136.02 LOTS 1 and 2, BLOCK 1 WESTPOINT CROSSING ITEMDESCRIPTION � —QUAN. UNIT UNIT TOTAL . _ PRICE COST A. WATER IMPROVEMENTS: 18" PVC C-900 330 --LF - $29.00 $9,570.00 2 8"Gate Valve and Box 1 EA r $1,300 00 $1,300.00 --- - - 3Fire Hydrant Assembly Complete-In-place 2 j EA $3,600.00 $7,200.00 4 18 Cap1 EA $800.00 j $800.00 - - - 5 Approx 110' Bore and Case - 1 j LS $30,00.0.00 j $30,_0.00.00 I WATER SUB-TOTAL:' $48,870.00 ENGINEERING, ADMINISTRATION AND SURVEYING @ 15%:! $7,330.50 TOTAL REIMBURSEMENT: $56,200.50 PREVIOUSLY PAID WATER LOT ACREAGE FEE:i $50,954.99 _ RETAINAGE @ 10%:�— $5,620.05 REIMBURSEMENT DUE LESS RETAINAGE:_ $50,580.45 - - I --- t j -- -------------- ... -- _ - -- ---- fi ... ... -- - - ---- L - - - -- --- ---- Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 1 Job No. 4070&B6.02 URBAN ENGINEERING June 05, 2017 Annika Gunning Yankee Sr. Project Manager Development Services A Business Support Services Department 2406 Leopard Corpus Christi, Texas 78408 Subject:Westport Crossing Lots I & 2, Block 1 Water Improvements Dear Annika, Please find attached total construction cost of reimbursable improvements. Developer is requesting total reimbursement in the amount of $87,334.73 less previous reimbursement of $50,580.45 equals total currently due $$36,754.28, for final improvements constructed at subject project. Also attached is the current contractor payment request for your files. Please let me know if you have any questions. Below is developer information. Peterson Properties, Ltd 5830 McArdle suite 201 Corpus Christi, TX 78412 Sincerely, URBAN ENGINEERING Murray F. Hudson, P.E. encl/ph (361)854-3101 2725 SWANTNER DR, • CORPUS CHIRWOEXAS 78404 FAX(361)854-6001 wwwurbanengzom TBPE Firm#145 TBPLS Firm#10032400 Eng: Murf Hudson, P.E. Revised Jume 05, 2017 By: C.R.R. Reimbursement Estimate Job No. 40706.136.02 ADDITIONAL WATERLINE IMPROVEMENTS LOTS 1 and 2, BLOCK 1 WESTPOINT CROSSING ITEM DESCRIPTION QU'AN. UNIT UNIT TOTAL PRICE COST A. ADDITIONAL WATER IMPROVEMENTS REQUIRED BY TxDOT: 1 8" PVC C-900 _ 330 LF $29.00 $9,570.00 2 4'Gate Valve and Box 1 EA $1,300.00 $1,300.00 3 Fire Hydrant Assembly Complete In-place 2 EA $3,600.00 $7,200.00 4 8"Cap 1 EA $800.00 $800.00 5 Approx, 110' Bore and Case 1 LS $30,000.00 $30,000.00 SUB-TOTAL: $48,870.00 B. ADDITONAL IMPROVEMTNS REQUIRED BY FIRE DEPARTMENT FOR LOOPED TIE-IN: 1 Exploratory Excavation and Repairs 1 LS $27,073.24 $27,073.24 SUB-TOTAL*: $27,073.24 ESTIMATED CONSTRUCTION TOTAL: $75,943.24 ENGINEERING,ADMINISTRATION ANE! SURVEYING 15%:' $11I,391.49 SUB-TOTAL: $87,334.73 TOTAL REIMBURSEMENT: $87,334.73 LESS PREVIOUS REIMBURSEMENTS: $50,686.45 NET'TOTAL REIMBURSEMENT DUE; _ $36,754,28 NOTED: 1 water acreage fees were paid in the amount of$50,954.99 by the developer as part of the plat recordation. Therefore the total reimbursement is not net of acreage fee credit. 2 Exploratory work was pursued per direction of City. After review of findings and meetings with staff the decision was made not make the tie-in to 16" line in TxDOT ROW. In lieu of this tie-in a temporary blow-off valve was installed at the end of the line and entire line was pressurized. 3 Section B, item 1 of above is the time and material charges for the exploratory work, barricades, and restoration of pavement, C&G and sidewalk as required. 4 The work necessary to pressurize, uncover fire hydrants and install blow-off valve is not reimbursable and is not included in above. Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 1 URBAN ENGINEERING Job No. 40706.134.01 June 5, 2017 Peterson: Development Attn: Reagan Brown 5830 McArdle Rd.,#201 Corpus Christi, TX 78412 Subject: West Point Crossing Transmitted herewith is Pay Estimate #9 (Final) for work completed at the subject project. We recommend payment in the amount of$79,024.38 to Max Underground Construction. If you have any questions, please call. Sincerely, URBAN ENGINEERING A46 Murray F. Hudson, P.E. MFH/ph Enclosures xc: Max Underground Construction (361)854-3101 2725 SWANTNER DR.@ CORPUS CHRISTIJEXAS 78404 FAX(361)854-6001 wwwurbanenqcom TBPE Firm#145 TBPLS Firm#10032400 MONTHLY PAY ESTIMATE CONTRACTOR: MAX UNDERGROUNDCONSTRUCTIONDATE: 6105/17 P. Box 271106,Corpus Christi, TX.78427 ESTIMATE NO.: a PROJECT: WEST POINT CROSSING SANITARY SEWER IMPROVEMENTS JOB NO.: 40706.134.011 it ri Description Quantity Total Work Unfit Price Total Amount 5% Done to Date A. SANITARY SEWER IMPROVEMENTS General Conditions I LS 1 $ . 40,500,00 $ 40,500.00 2 Mobilization I LS 1 $ 35,000.00 $ 35,000.00 3 Litt Station 1 LS 1 $ 259,000.00 $ 259.000.00 7040 LF 6795 $ 28.50 $ 4 W PVC Green C-900 Force Main 193,657.50 -5 6"D,I.90 DegreeBenq_(R.J.) 1 EA 1 $ 750.00 $ 750.00 6 6"D.J.45 P#aree Benl.(MJ.L $ 675,00 $ 13,500.00 7 6"D.I 22 112 Reg.r..e...e.B..!nq(R.A.L. 3 EA 3 $ "0 650 $ 1,950.00 --—--------0......... ---------- 8 6"'Pi a 3 EA 3 000,00 $ 6,000.00 ...........-y' 9-Air Release Valve —-—--------3 EA 3 $ 41300.00 1 12,900.00 10 12"Steel Casin 44 LF 44 $ 200m $ 8,800.00 .11 Asphalt Pavement Repair 75 SY 171 $ 90.00 $ 15,390.00 12 Tie to Proposed Force Main to Existing Sanitary Sewer 1 LS 1 $ 13M0,00 $ 6,000.00 Manhole ................. ------- 13 Tvvin 30"RCP with S.E.T. 1 LS 1 $ 4,500,00 $ 4.500,00 14 7"Thick Concrete_Dr�v a 900 SF 858 $ 7.50 $ 6 15. 10"PVC Gravity Line . ........ 368 LF 351 $ B&OO $ 29,836.00 16 10"PVC Gravity Line 12"-14"Cut q651 $ 76.00 $ 50.778.00 17 10"PVC Gravity Line 10"-12'Cut) 525 LF 500 $ 55.00 $ 27,500.00 18 81,P 158 LF 151 $ 51.00 $ 7,701= 19 8"PVC�G"vi Line 578 LF 551 $ 44,00 $ 24,244-00 20 8"PWC Gravity Line ff- Gyi) 532 LF 532 $ 40,00 $ 21,280-00 21 5'Dia.Drop.Manhole.(j!4-16,paep) 1 EA 1 $ 13,850.00 $ 13M$0Z4 22 4'Dia.._grqp Manhole(12-1 Deep) 2 EA 2 $ 10,500.00 $ 21,000.00 .................................. 23 4'Dia.Drop Manhole(10-12'Deep) I EA 1 $ 10,000.00 $ 10,000m 24 41 Dia.Drop Manhole(8-101 Deep) 4EA 1 $ 9,000.00 $ 9,000m 25 4'Dia.Drop Manhole(5-8'Deep) EA 2 $ 8,500.00 $ 17,000,00 26 2"HDPE Watedlpe b Oen Cut 84 LF 350 $ 20.00 $ 7,000,00 27 2"HDPE Waterline by Borinq__ 163 LF 163 $ 30,00 $ 4_890,0028 Water Meter I EA 1 $ 1.000,00 $ 1,000m 29 Tie Proposed HDPE Waterfine to Exist.Waterline I EA I $ 2,000.00 $ 2,000-00 P �eg'Kjj. --r--"-...... 30 Pollution Prevention Plan 11 LS 1 $ m 3,750.00 $ 3,750.00 31 OSHA Trench Protection 2870 LF 2824 $ 4,00 $ 11,296.00 TOTAL 866,506.50 B. WATER IMPROVEMENTS 1 8"PVC C-90000#1 1535 LF 1666 $ 27.00 $ 44,605.00 1A Bore under OBR I LS 1 $ 30,000.00 $ 30,000.00 2 8"Gate Valve&Box CO#1 4 EA 4 $ 1,200.00 $ 4.800.00 3 8"Ductile Iron Tee CO#1 1 EA 1 $ 450.00 $ 45000 48"Ductile Iron Sends CO#1 4 EA 9 $ 445.00 $ 4,005.00 5 Fire Hydrant Assembly with Not In Service Bags CO#1 4 EA 5 $ 3,600.00 $ 18,000.00 6 B"Cap CO#1 2 EA 2 $ 800.00 $ 11,600.00 7 116"x8"Ta in Sleeve wI13"TappingG,V.00#1 I LS 1 $ 2,100.00 $ 2,100.00 8TietaExistiri5leevewJe,Tapint_GwWGkrk1__,._ _I_ I LS 1 $ 1,000.00 $ 1,000.00 9 Pavement Repair(As Required)CO#1 1 LS 0 $2,500.00 $ - 10 Exploratory Excavation&Repairs 1 LS 1 1 $27,073.24 $ 27X3-24 11 Place riser,flush,test and remove blockSheathing an 1 LS 1 $963-96 $ 963.96 Fire Hydrants TOTAL $ 134,677.20 .......... C.I MISCELLANEOUS ITEMS 1 'Storm Water Pollution Prevention Plan hems CO L S $5,000.00 $ 5,000.00 2 Traffic Control Plan 8 Items CO#1 1 LS 1 $1,800.00 $ 1,800.00 3 General Conditions CO#1 1 LS1 $3,100.00 $ 3.100,00 . ............— 4 X tem Water Solutions Inv.3556935790&3556936068 1 EA 1 $2,497.00 $ 2,497.00 ........... TOTAL $ 12,397.00 TOTAL WORK TO,DATE .013.580.70 URBAN ENGINEEWNG 2725 SWANTNER CC,TX 78404 Page 1 MONTHLY PAY ESTIMATE CONTRACTOR: MAX UNDERGROUND CONSTRUCTION LLC DATE: 6105117 P.C)mmBox 271108m Corpus Christi, TXm 78427 ESTIMATE NO.: 9 _._. ., _ _ W.., PROJECT WEST POINT CROSSING SANITARY SEWER IMPROVEMENTS JOB NO.: 407M6 B4.01 Ste Oes motion Quantity+ Total Work. Unit Price, Total;Amount.,. _._...__ 5% Done to Date Original Contract: $ 863 929.00 Chan9.eOrder#1 $ 79,975M ............ Change Order#2 $ 2 497.00 _ Revised Contract Amount $ 946 4Q q Total Work to Date $1,013,580.70 Less 0%Retaina e $ Amount Payable $11,013,580.70 Less Previous Payments $ 934,556.33 Total Amount Due this Estimate $ 79,024.38 Submitted by: Marr Underground Constr ction Lt_C Date:6101/17 Approved tr : U n Enineeri Date: 6/05/17 ..... URBAN ENGINEERING 2725 SWANTNER CC,Tx 78404 Page 2 MAX Underground CTlucticn,LLC y t TA CO West Pont Crossing Sanitary Sewar Implow.—Is Murray Hudson,P.F, 10 Irmne 09—Final Including Retainage Contract Total Including Change Order:$946,4131,00 Quantity+ Completedthis Completedto Description 5% Unit Unit Price Month Data Toni Price A.Sanitary Savior Improvements I General Conditions I IS $40,500.00 100% 640,500.00 2 Mobilizatfan I is $35,000,00 IoD% S35,000.00 3 Litt Station I IS $259,000.00 100.0-A $259,000,00 4 6"PVC GREEN C-900 force Main(DR 25) 7,040 LF $2850 6„795 5193,65750 5 V D.1.90 Degree Send(mil 1 EA 5750.00 1 5750.00 6 6"lit,45 Deg Send(Mil zo EA $675.00 20 513,500-00 7 6'0122-1/2 Deg Bond(Mi) 3 EA 5650.00 3 $1.950.DD S V Plug V.1we 3 EA $2,000.00 3 56,00II00 9 Air Release Val- 3 EA $4.300.00 3 $13,900.00 In 12'Steel Casing 44 LF $200-00 44 $8,800.0o 11 Asphalt Pawereent Repair** 75 5y s90.00 171 $15,390.00 12 Tle force Main to Existing SS Manhole 1 LS S6,000.00 1 $6,000.00 13 Twin 30"RCP with SET I Ls $4,500.00 I 54.500.00 14 7"Thick Concrete Driveway 900 SF 57.50 858 $6,435.00 15 10"PVC Gravity Une 124'46'Cutj 369 LF sasloo 351 $29,835.00 16 20"PVC Gravity Line("'-14'Cut) 683 LF Moo 651 $50,778.00 17 10"PVC Gravity Lim,(10'42'Cut) 525 LF $55.00 son 527'500.00 18 S"PVCGnvlty Une(10'-12'Cut) Ise IF S$jLQo 151 $7.701.00 19 W PVCGravfty Une(S'.10'Cat) 578 IT S44.00 551 $14.244.0 20 a'PVC G—ily Line 4SS LF $40.00 $32 5211280X0 21 S'Di.Manhole(14`16'Depth) I EA $11850U0 1 513,850.10 22 4'Di.Manhole(12'44'Depth) 2 CA 520,500.00 2 $21,000.00 23 4'Dia Manhole 110'42'Depth) I EA 510,000.00 I $10,000.00 24 4'Dla Manhole(8'.10'Dgpih) 1 EA s9tico,00 I $9,000.00 25 4'Dia Manhole(5'-B'Depth) 2 FA S%Sao.ou 2 $17,000,00 26 2'HDPE Waterline by0pen Cut"' 84 V 520.00 350 $7„000,00 27 2'HDPE Waterline by Boring 163 LF Moo 161 $4,890.00 28 Water Meter I Ls $1,00000 1 $1,000.00 Te Proposed 2'HOPE Waterline to 29 Existing Waterline 1 IS $2,00000 1 52.000.00 30 Pollution Prevention Plan I Ls 53,750.00 200% $3,750-00 31 OSHA Trench Safety* 2.010 IF $4.00 7,924 511,296J00 Sub-total Part A Sanitary Sewer 5866,506,50 A extended through field change, July 22,2016 "Vein pohorchoriged at Bush/Hendricks;depth of FM necesrsiratd use 61trench box and additional pat4hiag required •'"Bared crossing moved to tie in to existing wonvilne;mended length of pipe that was open cut 8.water Improvements I B'PVCC-90D 1,535 IF $27,00 1,655 $44,685,00 1A fare undo OSR I LS 530,000.00 1 $$0,000,00 2 8"Clary Verve and amr 4 EA $1,200.00 4 $4,800.00 3 a"Ductive iron Tee 4 E4 $45040 1 $450.00 4 O'Ductlie Iran Send 4 EA $44S.00 9 $4005.00 5 Fire Hydrant"embli,wINfS eggs 4 EA $3,5000 5 $20=0.00 6 a-cap 2 EA $800.00 2 $100.00 7 26"x8"Topping Sleeve.18"Topping GV 1 LS $2,100.00 1 $2,100x0 8 77@ to Existing Waterline 1 Ls $1,000.00 1 $1,000.00 9 Pwemwt fiepalr(as required) I IS $2,0000 $0.00 Exploratory earcavarlon and repairs 10 fbre.kepunt offachedl 1 LS $27,073.24 1 527,07324 Place riser,Push,text,and remove black 11 sheathing—fire hyfroors I LS $963.16 1 $963.96 Sub-total Part 8 Waterline 5I.34,617.20 C.Miscellaneous Improvements Storm Water Pollution Prevan6on I (Woterilne only) I IS $SDoo.00 2 traffic Central Pion(waterline only) I LS $J,800.00 1 $1,260.00 3 General Condition.;(warefflAe only) I IS S3,16000 100% $3,100-00 4 Xylem Worer Solutions(per invoices) j LS 52,497.00 1 $2,497.0 Sub-Total Part C Mbell.n...s S72,397.00 TOTAL ESTIMATED IMPROVEMENT'S COSTS: 91413,500.70 Less LO%Retainage: $0:00 Amount Payabler $1,013,580.70 Less previous Amaurns Paid and/or allied; $934,$56.512 Nei Due from This Estimate: 579,024.38 m Q n Q �c p o n x m x z i m , �1zi -i SY to 3 m z m eww � m O r .i A z .�-�. p "`� O O Z Z Gl ""'5 Z -1 4 c > m � � a ` o- ro z: c < Z. „ A r., z m -_+ z Yvz 0 'a ..»»�� ".,^ rm. r yr rn -1 7y ax n m ca O ay > C1 O Z 2 m. ,, X H .a' y a C -C m 0 -4 ry -I M -�C W7 1n «`[ Z C7 fin !4 m -=F CI' -4 C7 �. 2 Q 0, 0 as 7c in -I 5 - © m p m to m 0 v p > Ca cry m Q p V © m Id a Q w -y m m Z L7 m Q GS _ >> m w m N r > z > C? m r^^ -Z[ Y 0 mi ` r � m X p . 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PO w 4 V LO bi owe air wwi � iYY CD CD 0 w w iT CN19 41 rw 0 0 N w coo In U, 0 0 w pr n tn tn. :3 (b lu IJ -4 0i Cb rp cn 4A dA LA tX. an Z C: "' po G w A N W A w w ew no sn !" m03 w ul 000 0 ca 0 0 0 C� a b b aa 0 m n 0 to r� r w Nw w 0 m 00 P P P 90 P P 0 o 8 b b b 0 0 0 0 8 C� 0 0 CD 0 0 0 IM M M C� a 0 C3 7 2 0 C) w 0 E: Z m f"1 V1 W w ae to m 10 oCO � p Sn ID 4 o 0 a, oa co m 0 z @ m S r M kA naw tA 4 tj 90 m a Us in in CL p C3 O O C, DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Peterson Properties, LP., ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on March 9, 2016 to develop a tract of land, to wit: approximately 35.41 acres of land, known as Westpoint Crossing, Block 1, Lots 1 and 2 as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements: 1. Install 330 linear feet 8-inch PVC C-900 2. Install one (1) 8-inch gate valve and box 3. Install one (1) fire hydrant assembly complete in-place 4. Install one 8-inch cap b. The Distribution Main Extension must begin at the north end of property and extend east alongside Old Brownsville Road and tie into proposed waterline on South Padre Island Drive. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. 2. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main Extension. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC for the area of the Distribution Main Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by September 20, 2017. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. Distribution Main Reimb Agmt-Peterson Properties, LP-Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 2 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before September 20, 2017. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure of the Developer/Owner to comply with Sections 13 or 14 of this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the Distribution Main Reimb Agmt-Peterson Properties, LP-Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 3 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Peterson Properties, Ltd. P.O. Box 8229 Corpus Christi, Texas 78468 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Distribution Main Reimb Agmt-Peterson Properties, LP-Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 4 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City. 14.2. Removal of Defective and Unauthorized Work: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the Developer/Owner's sole expense. b) Defective materials must be immediately removed from the site of the work. Work not in conformance to the Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and considered unauthorized and not eligible for reimbursement. c) The work, at the option of the City Engineer or the City's Development Services Engineer, may be ordered removed at the Contractor's expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Developer/Owner to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. Distribution Main Reimb Agmt-Peterson Properties, LP-Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 5 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $19,159.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BYANYPERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. THIS INDEMNIFICATION SPECIFICALLY INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWN EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION OF THIS AGREEMENT. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 35.41 acres of acres known as Westpoint Crossing, Block 1, Lots 1 and 2, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. Distribution Main Reimb Agmt-Peterson Properties, LP-Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 6 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of 120 (EXECUTION PAGES FOLLOWS) Distribution Main Reimb Agmt-Peterson Properties, LP-Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 7 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 CITY OF CORPUS CHRISTI F+sieooe Iauerte rrr . &R&zx�RE- City Secretary Interim Development Services Director STATETHE COUNTY OF NUECES § This instrument signed ity S?FeTtry, for t it f Corpus Christi, Texas, and acknowledgedr y 8 2016. � ........................:5� �° � Notary lJ II p State Of T xas KENE D SAPENTER My Commission Expires a October 15,2 1 �"0gtampve THE STATE F TEXAS § COUNTY OF NUECES This instrumentwasi tri is it kNotaryyPu r �stip s9 I r t f 20X. ,. ,., 021)It t�exa I� l cp APPROVED A5 TO FORM: �! Assistant City Attorney Distribution Main Reirnb Agmi-Peterson Properties,LP-Westpoint crossing Erik 1 Lots i and 2 Winal Page 8 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3 29.16 Peterson 1Pr pP r Ltd, d � r Patricia Peterson Nuss General Partner STATE OF COUNTY w T APs instrument was acIk,urm,0edged before sue ori6 "'� �" ... 201 � bye Patricia Peterson Nuss, Gen&6l III:Isrlru r, PeL rson Properties, Ltd., Texas Limited Partnership, on behalf of said Ip i,fl�)u°tneiil°ship. - NotaryoyEmvw My coon vounsbnro Expires June 3,2M (Peterson imps „ IL_t . °flrPIP.y I�I,,.ro,ki^G➢ rlc„fly`fir rri Genr l l�avtirwr , I `II INTI r u( IP ry TPfl,n uru„kr7jrrulrrnl vvas ackrmv,dedged: aflfr rne 4nu 20�!� w I DuIrPP y Peterson P rrc:mwn, GenerM P rtr°u r, Peterson IPn::) rlrrlrLPes, 1Ptd., a Texas P,,,,knit d Partnership, on Ib ih;u,-,Pf aIP say d `:)artru rshP „ ........ ......_ a h 4 2151W rJot rye P flflL�PR„, u �P fl� r�llflrr” rfl9d�ll�➢A rl AI� 4hrrcnHl��m fl��A'gl3BAS My a�rarroarrre'fl„x'ion Expires ires jum 3,2021 I::Vlsffilbw»wllfon Mar n Reanb ligmt Peterson Pr R➢:wr^,w es LP-Weistpo m Cqrjssflng Me, 'fl,i.cAs ➢ mind 2 vMnM Page 9 of 10 Stair c➢acrd Form isfta�Z�6m Pv➢avRy^;mbwr°`arment Agreeu°mmnt"far rnp� ale Version"029 1 Peter r,in Properties, Ltd. Nq Jam IPetersoirn n it r9tinit STATE OF iU ,,,I,,,,Y OF Fhis unst,rurnent,was acknovkAedged before me soiro ���a �� 2011 u y J rn D. F:letersa;oro, General Partner, Peterson Prq!)er-ties, Ltd., a 'Texas Il,aurroul l,,3 r in ir,s'Jp, iro lbeh llf of said partnershlip .............. a ' ir blil , iiiriature .......... Ae � � o soo0 y mm ��m6irn . � 2021b�t* <. OlIli hillllibublr n INWIn:FR6"uoni�)n� m i IPeteimo n IIDimill.imflies, L'IrPAllestlll�i int Dossing 011ik 11,Illols I and 2 wll"umnall Page 10 of 10 Sillanftd rou n Dll shbu jru Kitallin liu°iorillrourseii,ufl cull Apire u•neruir '11"' mii) �e V'mur*sllimu 1.0 3 29.16 a C 1 c c •• m ° oa� v N�Ro N oty —b d i .. v a, a�Ng sm ^, w flm W No � ° a m 9 »a a a E x z,g d. ou Iry' e �n Z•N c OE U V c v I >..� � � 9 T o oi OC tU J tU rsiN G o n �w „o `oa om rnv rrn s` o°o env :24 - 9 a°5 vlv _._co'>° �9 z°Ig a i ui ci ?o m°u a y .2 —7_— MR ui `tial l b tl. Nty^ AU��'i52 U V •c v5 b tV�� Cb'.• 1 ®®qU Vm1 9 O..xo34b, a•- Zs a+ b 4� m•:� �.5�3��yid�.c a oYmor v •o v c o�Vy`oa C� 3 o"do max° c vo rN a° o �oy'H °1_0 `oma _ VE Qco v O° NUN l a3 �J m o. o n o d m c s w '"..0 o vl �o€ov to ' o o o,�° o'_ .o'�°o� m c o >c V o o ° N � iE o oa To o sa E�o�o owo� v, =o`y o a rd° «� a l moo u «r"O°ervo «t No cry v mo m - ol o. ..,=o ov – _ �o cojn o`o m� i _ 30 3 «a cn i� a`o o��' m m� r'n°ci �mJ ° �` �z N o S - = m N n � J N. rG z E OON�n O of=K of E e N -6 �naSyc /��,� ZD W ss N Q }� -N� a E_ 60000 VJ v�iu° vii nl` v — c F South Padre island El — z •d o ® I (State Highway 358) — — ,.. I (Fronia9a y R 9M-at-wa 541'58'40-E 5B6.35' 55z figg"E ^aai4 N'Y-a/u.E. t6'tiZ 3„8Z,401£S n.xe O � ,eL'90Z of .09 .09 'd `III �'a moo I .w ro Y I ° I I I N ryry r lV I i17 Ido / I ,N. F I I IEW r # - �ucweao3 ebou�wd —— — I ,9l'SBZ M,9£,Lll£N'� -------------------------------------- --- ---- _—__ -- -- ____-- _— _ p yE I Und rgroud n b d(`JO'1 CS / P4� els d5 p d , N O I I I b��ryd°dd` �o�ed�l eA c q•d / 1 bids Q n o c�c I c � — o 31 ' zn LLJ 0 ° d n moa d°��po1 Fe” I II I .o " dei•Pidee s�•ds, o �I I II a SII I I I I I/i Z oas�dpo"- I '�°�� m c°i•dy E�° IP Xz N �� yam •� '� o�i�°�5'�N¢ ��b>�bobN' 2 �V z b E b U CO, ti o `o�yg�c 44p.c��t3& \ as �ryry ,® 'rp�y o�y o��'��pAAp•• u At dz •o n"Y C O d'.�.0 .0 N w b ,li'LO6 M„9£,L L1£N 2L opt oa$R INA,A a r Peterson ro rtis , LTD , a Texas limited rn rshi , whoser ss is P .O. Boxr hristi , Texas , 78468 , Owner of proposed WestpointCrossing ! 1 , Lots 1 & 2, herebyapplyfor $19,159.00 credittowards the water lottacreage fee for the installation oftC-900 r line as provided for by City Ordinanceo. 17092. $19,159.00is the construction cost, including 1 % Engineering and Surveying, n by the cost supporting documents ched herewith. o Patricia Peterson Nuss General Partner Date JUANA JEAN BARTON My pires THE STATE OF TEXAS § CJm 3.2017 COUNTY OF NUECES § This instrument r AL,� n � ` 2016, y ,w � �. of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said JUANA JEAN BARTON My Comroisgion Expires June 3.2017 ry N fary P 'c in d for the State of Texas m Chris Ann Peterson 'rownW ' Date General Partner Peterson properties, LTD THE STATE OF TEXAS § JUANA JEAN BARTON My ionExpires June 3.210117 COUNTY OF NUECES § This instrument ni 2016, by °��� �, . � � �� �� Q ,(Name), ,i / (Title), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said Wartn r i . J , BARTON My Co axion Expires Leu f f � � d June 3.2 17State Ni J . Peterson General Partner Date Peterson r is, LTD THE STATE OF COUNTY OF SA , W' WA § This instrument was ackny wle Iged be a me on 1 y i ., ' w (Name), ��.. ,� � � tom` ( itl ), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said LJUANA � . BARTOnExpires „ �Cg lv k 017 �ory Public in An ��for the Stat of eogermira [*::' CERTIFICATION The information submitted withiapplication for reimbursement n Reviewed n determined c . Reimbursement is subject ) Sufficiency of funds in the DistributionrTrust , and ( ) Appropriation and approval by the CityCouncil. Development ices Engineer Date vihif Page 2 of 2 C')i r� co z z p W orMa cE w G 4— ododoVEEo a w ���� 0 80 = z O oz �m ---- P ,o ' o. rm lo t: P 'z N 4:48 a Ns WWW =' 4",y,�mm o w mljr- Wgw /_ ;a a W Na3 om C3 r3u�i p� Z NM W Wil N uuuu W C7 Z W O � W�G a �-LLJ ago �O 2p I / v Zo Gwnlo� T m e �G Cl) i , W Z J J Z � � Y a w Cl) co J > 0 WCL CLoJO � a Z Im a rc 2 0 CL s o m �N o mm mn o n.LN 1)!IJ U Q 7 LU OGGao Q Q CL U) z � 0 Cl) U J � m Q � CL LL �=$mo 3 o sw= 1 s>—pz Iz � — .�'o p E _§��m mmmmLLm_ a �6 ale S waZi.4—9ioZ 6Z ink uo aaJ R�paui�ow 6rnN Jluy i y�3H5\suoid�e�PM=hand\ao99\9oto4\ano0oob\s�=a�o��P�P4\LOs�uu�in\\ 9LOZ 3Nnr :3LVaIsla/a4�rvl Divi me xi SVX31'LLSINHO snd800 lDNSSOU3.LNK)diS3M wii�aoiod"neN;sirei s":do" -H'I I : M H Om-M'd cm I Sicn 0. !D N I H El N I LD N El H J N:03NOIS3(l 1 1 VN-W IJ31VM Nvann NOIMI—a =, 7A -a --------------- 1642 Acres trod out �s Vol.2,P,22,Miscelbneons Mop N11—C-nMyl a,P,R,N,C,7) (D', N. 837114 1 of 1-1 2-B Gabriel Records c 0— N', MIT 8 NY all 0) 0- 15 IE E s 5 Z: P,P IM Ld z E zz awl I '0 3J -z d. zp Ln z Iz T2 p LU j�gp"-NT -hw---,.-3,wl-., -H V y 9F __g aw M9H. F, 0 K, E2a 2 006-J IAI3010'0 Rvo,8p V oAd 39' -1 006-J 3 z c Th"ll JAd M -3 JAd 101MIS svj Om Al- 'A Mm az w as a 3 fl,()L —sv svo svo SDXaj A}unoo so al of 1saoanN 10 sPe00@ 'A}unoo ssoar'N 10 s 10 dDN 'jS bd '9t A doN '09 bd 9t '10A Pooal� -xq 6j,-3 JODIL xa-1-1-8 -1�ODAL X� -UMOAO o 1 s;oanN 10 sNOOa� Vl ID-1 V-6 P-1 doN '99 'bd '96 IOA }ODAL XB-l-UMOAO 0 P-1 I"W11/1 ....... "M 9LOZ 3Nnr :3LV4Isla/a4�rvl Divi me xi SVX31'LLSINHO snd8O0 1DNSSOU3.LNK)diS3M wii�aoiod"neN;sirei s":do" -H I I : N H -m'd CNV I Sicri 0. Om T mow, ............. H J N:03NOIS301 0 NV-W NOMB&BEW Nvaun NO—d—a a W=-1-10d WaLWYNOIS ---------------- 1642 N11 2,P,22,Mill' a,P,R,N,C,7) C—Y, (D', N. 837114, (0Texas — No.114 a Acres -1, I,o,If 1-1 2 MM I.,M Gabriel NY of Corpus ch6lil) ae h 0- Him.- 20- o < 2 o o Nlw I cl Fh& -n4ego. < gig < 0� m 21 0 < .9 01.9 It 't 34 HE u % < 0 Z m C11 (Y) Ga aGo < 0 ap Ln — t2 LLI t- u < Lj LL] u C-) 0 LLJ 2= LU 0 RM dQ Mo 0 U 4 0 % 2 V re - N S -s < cn Y E 'Ej N \ 2 —0 r R P 2ad. 2E -8 33N3J DIS 03SOd '6t w —s — M 'A svo s N svo I svo sr,xq A}unoo 1DX.j 2t �X anN 10 sPa00@a A�uncio saoar'N 10 spooa� Y 'E]�- o E� -o d0s�N",lg bd '9t '10A dDN OS bd 'g '10A pDAL X�--UMOAO G;O�n JODJL x@-I-umojo N !�0�1pJOIaN -1 0 Vl ID V-6 drIN A at tc t -1 4 pDAL X� -UMOA8 m, a a si Wt� 0 P-1 ............. .......... .......... Eng.: Murf Hudson, P.E. DEFERMENT AGREEMENT July 13, 2016 By: C.R.R. for Job No. 40706.136.02 LOT 1, BLOCK 1 WESTPOINT CROSSING Item Description Quantity+ Unit Unit Price Total 5% Amount A. SANITARY SEWER IMPROVEMENTS 1 Lift Station 1 LS $259,000.00 $ 259,000.00 2 6" PVC Green C-900 Force Main (DR 25) 7,040 LF $ 28.50 $ 200,640.00 3 6" D.I. 90 Degree Bend (M.J.) 1 EA $ 750.00 $ 750.00 4 6" D.I. 45 Degree Bend (M.J.) 20 EA $ 675.00 $ 13,500.00 5 6" D.I. 22 1/2 Degree Bend (M.J.) 3 EA $ 650.00 $ 1,950.00 6 6" Plug 3 EA $ 2,000.00 $ 6,000.00 7 Air Release Valve 3 EA $ 4,300.00 $ 12,900.00 8 12" Steel Casing 44 LF $ 200.00 $ 8,800.00 9 Asphalt Pavement Repair 75 SY $ 90.00 $ 6,750.00 Tie to Proposed Force Main to Existing Sanitary Sewer 1 LS $ 6,000.00 $ 6,000.00 10 Manhole 11 Twin 30" RCP with S.E.T. 1 LS $ 4,500.00 $ 4,500.00 12 7"Thick Concrete Driveway 900 SF $ 7.50 $ 6,750.00 13 10" PVC Gravity Line (14'-16' Cut) 368 LF $ 85.00 $ 31,280.00 14 10" PVC Gravity Line (12'-14' Cut) 683 LF $ 78.00 $ 53,274.00 15 10" PVC Gravity Line (10'-12' Cut) 525 LF $ 55.00 $ 28,875.00 16 8" PVC Gravity Line (10'-12' Cut) 158 LF $ 51.00 $ 8,058.00 17 8" PVC Gravity Line (8'-10' Cut) 578 LF $ 44.00 $ 25,432.00 18 8" PVC Gravity Line (5'-8' Cut) 458 LF $ 40.00 $ 18,320.00 19 5' Dia. Drop Manhole (14-16' Deep) 1 EA $ 13,850.00 $ 13,850.00 20 4' Dia. Drop Manhole (12-14' Deep) 2 EA $ 10,500.00 $ 21,000.00 21 4' Dia. Drop Manhole (10-12' Deep) 1 EA $ 10,000.00 $ 10,000.00 22 4' Dia. Drop Manhole (8-10' Deep) 1 EA $ 9,000.00 $ 9,000.00 23 4' Dia. Drop Manhole (5-8' Deep) 2 EA $ 8,500.00 $ 17,000.00 24 2" HDPE Waterline by Open Cut 84 LF $ 20.00 $ 1,680.00 25 2" HDPE Waterline by Boring 163 LF $ 30.00 $ 4,890.00 26 Water Meter 1 EA $ 1,000.00 $ 1,000.00 27 Tie Proposed 2" HDPE Waterline to Exist. Waterline 1 EA $ 2,000.00 $ 2,000.00 28 OSHA Trench Protection 2,870 LF $ 4.00 $ 11,480.00 SANITARY SEWER SUB-TOTAL $ 784,679.00 URBAN ENGINEERING TBPE FIRM NO. 145 2725 SWANTNER DRIVE CORPUS CHRISTI, TEXAS 78404 361-854-3101 Exhibit 4 Page 1 of 3 Eng.: Murf Hudson, P.E. DEFERMENT AGREEMENT July 13, 2016 By: C.R.R. for Job No. 40706.B6.02 LOT 1, BLOCK 1 WESTPOINT CROSSING Item Description Quantity+ Unit Unit Price Total 5% Amount :1. :1 :1SER :?v1JR0DEME---- 1 8" PVC C-900 1,442 LF S 26.00 S 37,492.00 2 8" Gate Valve and Box 4 EA S 1,500.00 S 6,000.00 3 8" Ductile Iron Tee 1 EA S 475.00 S 475.00 4 8" Ductile Iron Bends 4 EA S 425.00 S 1,700.00 5 Fire Hydrant Assembly Complete In-place 4 EA S 3,500.00 S 14,000.00 6 8" Cap 2 EA S 250.00 S 500.00 7 16"x8" Tapping Sleeve w/8" Tapping Gate Valve 1 LS S 2,500.00 S 2,500.00 8 Tie to Existing Water Line 1 LS S 1,000.00 S 1,000.00 9 Pavement Repair(as Required) 1 LS S 2,500.00 S 2,500.00 :1 =1ER »>=10»L:1 : --17.=7 C.M=)CELL:1 CEO:1:1=EM 1 General Conditions 1 LS S 44,000.00 S 44,000.00 2 Mobilization 1 LS S 35,000.00 S 35,000.00 3 Storm Water Pollution Prevention Plan Items 1 LS S 6,250.00 S 6,250.00 4 Traffic Control Plan and Items 1 LS S 4,500.00 S 4,500.00 M=CELL:]:1E0:1:1=)EM:1=:1=0=1L:1 :1 :977== :10»L E=:?vl:]:IED :1V1:1R0:1EME=1:1C0== :1 9 :1=7 ENGINEERING(8%): S 75,247.68 STAKING AND TESTING(3%): S 28,217.88 CONTINGENCY (10%): S 101,250.00 :]R:]:]D :10»L :1 11 7T71 1.=7 URBAN ENGINEERING TBPE FIRM NO. 145 2725 SWANTNER DRIVE CORPUS CHRISTI, TEXAS 78404 361-854-3101 Exhibit 4 Page 2 of 3 Eng: Murf Hudson, P.E. Reimbursement Estimate June 1, 2016 By: C.R.R. for Job No. 40706.136.02 LOTS 1 and 2, BLOCK 1 WESTPOINT CROSSING ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST A. WATER IMPROVEMENTS: 1 8" PVC C-900 330 347 LF $30.00 $10,410.00 2 8" Gate Valve and Box 1 1 EA $1,500.00 $1,500.00 3 Fire Hydrant Assembly Complete In-place 1 1 EA $4,500.00 $4,500.00 4 8" Cap 1 1 EA $250.00 $250.00 WATER SUB-TOTAL: $16,660.00 ENGINEERING, ADMINISTRATION AND SURVEYING @ 15%: $2,499.00 TOTAL REIMBURSEMENT: $19,159.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 1 Exhibit 4 Page 3 of 3 =EEREECE REE EEREMEEEE L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. EEEE OE =EEREECE M=MEM =EEREECE COEEREEE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises —Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired &Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph H Of This Exhibit. EMPLOYER'S LIABILITY $500,000/ $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 E-- ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in 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 replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax 4 D. CoCtrEItor EEjreeCtEEtw1tCre7-eJtotCe moCere=fed =fir=CeEEr=Ce Co F7 PCCreto CoCt=Or be eCdorCed to CoCtE=tCe Colow=CreCClred CCOF77n C • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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. Exhibit 5 Page 2 of 3 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 agreement. 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 and completed operations and activities under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City,'Corpus Christi,Tems of DmIcyptnent Semen P 0 Box 9277 City of Carpus ChmistL Texas 78469-9277 (361)826-3240 Corpus Located at: 2406 Leopard Stmt * (Carrier of St.and Part Ave.',) 1 Christ DISCLOSURE INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following in rmat' ;n. Every question must be answered. If the question is not applicable, answer with"NA". , ,W�:,'�r" 7 „, 1, i���„ ZIP: STREET: �.� CITY' FIRM Is: ❑ Corporation 9partnership ❑Sole Owner ❑Association ❑Other DISCLOSUREI 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 Cityf Corpus Christi having an "ownership interest" constituting % 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 4 Board, Commission, or Committee ' " lu 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 olqx CERTIFICATE I certify that all in tin provided is true and corrects of the date of this statement, that I have not knowingly withheld islosr of any information requeste4 andrequest that supplemental s t ill be promptly submitted to the i of Corpus Christi, Texas s than occur, e � m9-Vin n: Title: .12"LL1 � (Print) Signature of CertifyingPerson: f14 Date.LL . i K\DE%TL0PMDffSVC&ASHARMLAM DFVU0PhflEPM01W1NANCE "i'IOLICAMIN FORMSTORMS A5 PER LEGAL12012MISCLO d, S STA 1.27,12 Exhibit DEFINITIONS aL "Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. 'Employee". Any person employed by the it of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c, "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,far purposes of taxation, are treated as non-profit organizations. d, 'Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. 'Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KDEVELOP�%IENTSVCS,SEIARED',LAND DEVELOP,%IEINANCEADMONIST PATIOMA;-PI PrATInN FORMS'YORAIS AS PER LEGAL ZUEMISCLOSURE OF INTERESTS STATENIBM V 12 M' Exhibit 6 Page 2 of 2 City or Corpm Christi,Tuns Departmew of Development Servicer P.O.Bax 9277 1 of Corpus Christi,Teas 78469.9277 (361)826-3240 Corpus Located at 2406 Leopard Sueet 1 (Comer of Leapmd St.and Port Ave DISCLOSUREChrist INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"N ". NAME: A 1�1'1 "A"w � , � I I FIRM is: []Corporation Partnership Sale Owner Association Other DISCLOSURE E 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 CityChristi having an "ownershipInterest" constituting %or more of the ownershipin 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 1468 3. State the names of each "board member" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission„ or Committee 4. State the names of each employee orofficer 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 p CERTIFICATE I certiN that all information r vide is en correct s f to this statement, that I have not knowingly withhelddisclosureof any information r quest �` ��pple en I statements will be promptly submitted to the City of Corpus Christi, Te s ch s o c Certifying Person: ��u Title: � WHAWKWAHRRHAN (Print) (4, Signature of Certifying Person: Date: . K tibEVELO SVC DF:V0Y,)PMENT,0RD1NANCE ADURNISTRATWNWPUCATION F0 SWORMS AS PER LEGAL\201 201SCLOSUM OF WIMLESTS STATEMENT 1712DOC 1Gvhihit E`i DEFINITIONS a. 'Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. 'Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. 'Firm", Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi. Texas, e. 'Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special to of venture or partnership agreements. f. 'Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K lbEVGLOP%WW9VM&1AkE1),,LAND ADMINISTRATIGNIAPPLICATMN FORNITFORMS AS PER LEGAL?@',,,1W1'R LOV,IE OF INTERESTS STATEMENT]2712 DOC Exhibit 6 Page 2 of 2 City cfCorpus CLrizd.Texas Dqxuumnt of •eiopment Seniem Ci{T r P 0.Box 9277 LJ! of Corpus Quisfi,Texas 79469-927? (361)826-32441 Corpus Chr { L : 2406 L Street ®S L (Co r oPL St and mart Ave. DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information, Every question must be answered. If the question is not applicable„ answer with "NA" 6,. STREET: i CITY: Y �. ZIP; FIRM is Corporation Partnership Sole Owner El Association Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership in the above named "firm". Name 41 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 I( )49, 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest!' constituting 3% or more of the ownership in the above named "firm". Name o Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld ilu of any information request that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. � �" � Certifying Person: Title; )!1Ac. „ (Print) Signature of Certifying Person: ,, D �� � ��� ate: STATEAdEM1z712[x C Fvh hit 6 a, K}DSVELOPMENTSVCS SHAREMAND DEVELOk����"�I a� INAtJ�CT d 9&�i°i°N. �710NVAq LICATTnN FORMS1FdRMS AS IIS i E�AL 7�4i k Y1iSCi.P��M �� AS a DEFINITIONS a. "Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the it of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic in, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant it Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. 'Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consult t". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K�DEVELOPNIENISVCSSIIAREMLAND MVELOPNEDMORDINANCE ADMINISTRATIOMAPPLICATION FORNISTORAIS ASPER LEGAUNIMSCLOSMIE OF INTERESTS STA'FEWENT1 27 12 MC Exhibit 6 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3.5,and 6 it there are no interested parties. CERTIFICATION OF FILING ji le I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:mber: W of business. ]2016-96437 Peterson Properties, Ltd Corpus Christi,TX United States Date Piled: 2 Name of govemmental entity or stateagencya party to the contract forwhich 08/0812016 being filed. City of Corpus Christi :71 Date Acknowledged: 3 Provide the identification number used by the governmental entity or to agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contracL 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi,Nueces County,TX 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only If there Is NO Interested Party. 6 V I swear,or affirm,undoen ity of pequry,,that the above�jdi losure is true and correct. =*:JJUANA:JEAN BARTON] My C:M MY Coffm*Won Expires June 3 20 une 3,2017 Signature at au onzed agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Y�rthis -1................. day of before me,by the said Sworn to and subscribed 20 J-L . ............to certify which,witness my hand and sea]of office. 10�, .I)ARIA c 1,V`R11Ke,rcerVAnistering oath Printed name of officer adminisleririg oath Tide of officer adilit i-te), ig oath 7' Forms prodded by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3.5,and 6 it there are no interested parties- CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-96437 Peterson Properties,Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental an—HRy ors teagency th-a—tis a party to the contract I—or 7NHIch the form is G810812016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the fent tion 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 contram 2 Water line reimbursement agreement at Westpoint Crossing Lots I&2 Block 1,Corpus Christi, Nueces County,TX 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Interm lary ---------------------------------------- I 5 Check only If there Is NO Interested Party. El 6 AFFIDAVIT I swear,or affirm,under penalty of pe"ury,that the above disclosure is true and correct JUANA JEAN BARTON MY Ctlffdwssion ExPitill June 3.2017 or Signature of authorized agent of contracting busine's—s'intity AFFIX NOTARY STAMP/SEAL ABOVE day of A S and subscribed before me,by the said (J'_ this the worn�t 20, to certify which,witness my hand and seal of office, ""77) Sw Signature of ofterldministering oa0i Printed name of officer administering oath Title of officer,Aministering oath ------------------------------------- Forms provided by Texas Ethics Commission www.ethics.state.bc.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM IL295 i of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICELDateFlled:Complete Nos.1,2,3, d 6 it there are no interested parties. CERTIFICATION I FILING 1 Name of business entity filing form,and the city,state and countryof a business entity's place ber: of business. Peterson Properties,Ltd Corpus Christi, United Statese o vernen ant or ency t at sap t a ntract`or� . ch t e fo is being filed. City of Co us Christi ged: 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 cantracL Water line reimbursement agreement at Westpoint Crossing Lots i&2 Block 1,Corpus Christi, u es County,TX A Nature ofinterest Name of Interested City,State,Country(place of business) (check applicable) Co strolling intermediary MyFR i 6 Check only If there is NO Interested X 1 51 v I P „. I�r en of pejury,that ove disclosure is true and correct. JUANA JEAN BART � �w � MY t6 itya ., June 3, 7 w � " 'ln 'tire o authonzed nt of contracting business entity AFFIX NOTARY STAMP P 9 SEAL ABOVE N Suv7vto�d subscribed before me,by the said ,„ ,,,,, ,�this the „� �,,,_,_,,,,�, day of a 24 to certify which,witness my hand and seal of office. ci Signature of o Ar administering oath Printed name of officer administering oath Title of offi r ad6inistering aath Forms pro%Aded byprovide Texas EthicsCommission .e i ate. .us Version V1.0.277 O � a-J O T J N ^� p aw J U • i rj a-j r. r. O a m C •R w tw W w r. almomN aw QCA V aw E .� � O a � rA , IIIIIIIIIIIIIII I VIII err"' g a If��q I IIIIIIIIIIIIIII _„,Al�,�, 3 4—j -------- V J ,� llllm� „ F°s33�a.13 3, c� -------- ------ --- IA 1171 u I l I UO 4,J SIU ' ”' J 'N U O 41 _ a� 4A fB v C O -0 v O O •� ate+ a-+ Oi vaj v ca U Ln `� •— > vii Ov �O 0 O C Q Ov O O i 0rl X O ca O � N — cn •� +� O E aA _ 0 OJ fu v }' O o E oc v U (1) O U a1 v U O •� — . U rn }' }' v> mi aj r�- 0 aj0 0 N E .N OJ 0 — CO aj � aj Lnv p0 " N — x 3 O O-0W iNC -1-j v N Q V O 4-j n� W ) uC:E O U O a +-J 4- 0 E > � o o U a a--+ SC O U AGENDA MEMORANDUM Public Hearin and First Reading for the Cit Council Meeting of October 17, 2017 1852 g g Y g Second Reading for the City Council Meeting of October 19, 2017 DATE: September 19, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property at 101 Caribbean Drive CAPTION: Case No. 0717-03 B.L. Marina Properties, LP: A change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. The property is described as being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff& Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a 60-pad Recreational Vehicle (RV) Resort. RECOMMENDATION: Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. Vote Results: For: 5 Against: 1 Absent: 3 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District to allow for the construction of a 60-pad Recreational Vehicle (RV) Resort. The proposed rezoning to the "RV" Recreational Vehicle Park District is consistent with the adopted Future Land Use Map, PlanCC, and the Flour Bluff Area Development Plan (ADP). ALTERNATIVES: 1. Deny the request (Requires % vote) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Flour Bluff Area Development Plan and is planned for commercial uses. The proposed rezoning to the "RV" Recreational Vehicle Park District is consistent with the adopted Future Land Use Map, PlanCC, and the Flour Bluff Area Development Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2016- Expenditures 2017 (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 B.L. Marina Properties, LP ("Owner"), by changing the UDC Zoning Map in reference to the property being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park 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 B.L. Marina Properties, LP. ("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, August 9, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District, and on Tuesday, October 17, 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 B.L. Marina Properties, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff& Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre (the "Property"), from "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District (Zoning Map No. 035028), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-03 B.L. Marina Properties\Council Documents\Ordinance_0717- 03_B.L. Marina Properties.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 , 20177 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 , 20177 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\0717-03 B.L. Marina Properties\Council Documents\Ordinance_0717- 03_B.L. Marina Properties.docx Page 3 of 3 URBAN ENGINEERING Job No. 43142.137.00 W""Wolf June 15,2017 Exhibit A 7.95 Acres Zoning Trac STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 7.95 Acre Tract, (not based on an on-the-ground survey) out of Lots 22 and 23, Section 53, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said 7.95 Acres being a portion of Tracts 11 and 111, described in Special Warranty Deed with Vendor's Lien from Beverly Held to B L Marina Properties, L.P., recorded in Document No. 2004058721, Official Public Records of Nueces County, Texas; Commencing at the East corner of Lot 23, Block I-A,Tropic Isles—Section 2, a map of which is recorded in Volume 20,Page 69, Map Records of Nucces County,Texas, Thence, South 55'15'12" West,202.34 Feet to the Point of Beginning and North corner of this Tract; Thence,over and across the said Lots 22 and 23, and with the boundary of this Tract as follows: • South 63'34'02" East,,284.34 Feet; • South 52°31'12"" West, 32.52 Feet; • South 31°36'21"" West, 70.12 Feet; • South 41°11'22"" West, 100.53 Feet; • South 36'36'25" West,90.28 Feet; • South 27'40'03" West, 109.44 Feet; • South 28'34'52" West, 102.85 Feet; • South 25'47'08" West, 106.94 Feet; • South 175522" West, 117.15 Feet; • South 03'22'59" West,48.02 Feet; • South 10'43'59" West, 34.67 Feet; • South 3721'00" West, 30.36 Feet; • South 08'13'43" West,46.41 Feet; • South 15'18'21" East, 34.64 Feet; • South 34025101" East, 36.73 Feet; • South 37'59'32" East, 37.51 Feet; • South 5,1032110" East, 23.78 Feet; • North 81°20'44" East, 20.62 Feet; • North 13'30'53" West, 15.85 Feet; • North 31°28'53" West, 17.09 Feet; • North 34°08'11" West, 20.63 Feet; • North 28'19'10" West, 22.72 Feet; S:\Stirveying\43142\B700\OFFICE\ME'I'ES AND BOUNDS\4314213700-7.95Acre.Doex Page ] ot`2 OFFICE: (361)854-3101 2725 SWANTNER DR, e COR13US CHRISTI, EXAS 78404 FAX (361)854-6001 w, Nvw.urb4iP,p0g,copj TBPE Firm# 145 *TBPLS Firm ft 10032400 • North 13'11'02" West, 25.64 Feet; • North 06°21'1.9" West, 29,68 Feet; • North 00'52'30" West, 33.61 Feet; • North 40°20'31" East,36.65 Feet; • South 58'27'21" East, 19.91 Feet; • South 34'53'52" East,29.69 Feet; • North 74'34'34" East, 71.27 Feet; • South 89'10'30" East,66.26 Feet; • South 63'15'13" East, 67.29 Feet; • South 13'03'05" East, 51,34 Feet; • South 0246'46" West, 63.76 Feet; • South 06'12'31" West, 53.98 Feet; • South 00°36"18'" West, 64.42 Feet; • South 51'38'51" West, 90.97 Feet; • North 75'18'28" West, 89.25 Feet; • North 89'16'48" West, 63.90 Feet; • North 61'54'37" West, 55.97 Feet; • North 57027'06" West, 80.23 Feet; • North 56°51'02" West, 99.78 Feet; • South 75'03'53" West, 68.87 Feet; • North 61'36'29" West, 141.29 Feet; • North 52053'32" West, 23.76 Feet to the intersection of the North boundary of Tropic Isles Main Channel with the East boundary of Montego Cove, for the common south corner of the said Tracts 11 and 111; Thence,North 26'25'58" East,with the said East boundary, 1030.28 Feet; Thence,North 33'14'34" East,29.40 Feet, to the Point of Beginning, containing 0.795 Acres (346,136 Square Feet)of Land, more or less. Bearings based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nucces County, Texas. Unless this fieldnote description, including preamble, seat and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch oj'Tract described herein. AN ENG N k1N ClF, - Al A .......... ......... .J'A'M.E.S.11),AV 1.0..CA'Fi R James 1). Carr, R.P.L.S 6458 License No. 6458 S U-M S:\Surveying\4314218700\OFFICE\METES AND BOUNDS\431428700--7,95Acre.Docx Page 2 of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. * CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 wwwmtbatie & www-1-1----l-1-11 _ullp TBPE, Firm 9 145 e TBPLS Firm it 10032400 E c � m 0'L aMN)NNtn 00700 O1-Nn(O7M�a0 N tomM N7 ao to�mn tO O17 t0 CO N n to O n MaO n N(00 O ^ 0 y �N7M�ONmN(On0t0M 70ntnn(O COOO nONO0mf0N NNMnm7mNm m N n CO_n 7 N N000 N0 00000070(07 tO n M O tnn O N to m M tO m m :tO n�M M 70 O)M to 0 O)0O7 M m njN �•� ON N M n�m����7 M M7 M M M N 04 N N N N M M�Nn 00tH W 0(O m 00(0 to CO m COQ N N 04 w wwwww3333333wwwwwww 33333 33w ceO� Chow N N N -N LO M N 00N m m b F) N07MM0N0)b 'Cli 0M ZO tO [O0000 tO NMm N7 NM0X7O O�O�NNNOtAONt[)tc)07NOM�7tntt7��O�MMNtc)M M�07M�tc)N 7M00 t[)N M M Ztf)7�tO�tO07ntC)NM�MmtAm NOOODO m��NOn M70tAMCON tO 0000 to 7 n�MCOM7 c= �r MM�M 7M7t/')N7N �Ntf)MNMNO��Nt!'INNtf)M��07�M M��tAN tf)OMtc)� 7� •• m�� QQ u)rO(V�' (O('00 u)I�rO r'00(271' (7�'t 00M 1O 0000 �O)MMCV(00' ()O1-I�(O i[)�04 O T wtf)tOt[)M7 M N N N w 0 w M O 0 n H)0z z M M N�00'l-0 M n co(o 000 to n 00 to tf)tnntO 0 WZ�Z m.Q mU)U)U)(nU)V)U)U)(/)t/)U)(nU)V)(/)U)U)U)ZZZZZZZZZ(/)(nZ(/)U)(!)U)U)(/)(nZZZZZt/)ZZZ WJ n Z� O>-NM7�A tOn00m0>-NM7tn tOn00m0>-NMdtn(On00m0>-NM70'o QUmM o, NM7tn(On00m>->->->->->->->->->-NNNNNNNNNNMMMMMMMMMM7777777 O �O J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J VI 7 f/1 O t_N 7 a r� `rt S7� vNi tt5.h C m Z zu o Yp O I1 N.t° rl o �.2 N W=�I yn ~ W E`o o c�, z:o� zs m N — % cipINN 0 N li cz Q,P!, � LLJ o 4.Q CJ C NI LLS U-)-(OD � ,c w �'•- � N U N O �' °`r ° A ti A O L"II � E � o,.c; �2 � 0 o 0 p ^fu E;Q`C tri ti AS!c m U k yaoAl � O m / M o � � c a E E o a1 y 4 jL sa o _ M r 0 �, i 010JO�J� a 017 J O Lz.�%� 06 % °>g V ��o� L26 ao v a4y0 co CO m m 8LSQk •8Z Q"i JJ_ � � a Qf, m0 J� 9L h 9Z�Z 9L �Lb,) 69 6d�°N S Z 8Z 60 saka all SL ZL� sus jobs o00 � N OS o�run Wpbs L L OL o doa pec 4,i LS F g saga O/V 6 8 v 6n fo ` d s 9 g 0 £ °jdo 6 Aa S 61 8 s°k� 0'�O L 9L S s�Z SaJan WooJnB L ?i '000 L �L ars 96d N Jo z� �c SL ZdD1 6L 4n60) 0 6 g o � 9 z �u L oQ §f C-404 C14 m �z�h22/ 4 0 uz222± C,iL;i<MLd 2 Akio»R 0 + 3!|! 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IZ 19 75 PL Z f A cP � w ��o ,,"✓ l) <J L26 uo '9'o rt ✓Y A ,� ]J�,, `ter'•, ,r�'" 6j r 111 p ,1"d, fi .zr�, �4p '4 "fir ,� + r�� ✓� 'n"r x !"�. �M < r • V .�..� .�.+ .^..� � ~ � .O c� � � � � •� � � � .� � � .� � O � � � O O O � U u � c� � � � � � � � o � � -� a� � � V �� au!rl ;�" �y N t� PLANNING COMMISSION FINAL REPORT Case No. 0717-03 INFOR No. 17ZN1023 Planning Commission Hearing Date: August 9, 2017 a Owner: B. L. Marina Properties, L.P. a - ° Applicant/Representative: Urban Engineering/Xavier Galvan u 00 Location Address: 101 Caribbean Drive CL� 5 Legal Description: Being 7.95 acres out of Lots 22 and 23, Section 53, Flour Q°a Bluff& Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. From: "CG-2" General Commercial To: "RV" Recreational Vehicle Park ' Cr o Area: 7.95 acres 0 Purpose of Request: To allow for the construction of a 60-pad Recreational Vehicle (RV) Resort. Existing Zoning District Existing Land Future Land Use Flood plain Site "CG-2" General Commercial Vacant Conservation Formerly Commercial "CR-2/PUD" Resort Low Density Low Density a, y Commercial with a C Residential, Residential •E ? North Planned Unit Development Park Formerly N° and "CG-2" General and Vacant Commercial C Commercial Flood plain Conservation W South "CR-1" Resort Commercial Vacant Formerly Commercial East "RS-6" Single-Family 6 and Laguna Madre Laguna Madre the Laguna Madre West "RS-6" Single-Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located within the boundaries 08 y of the Flour Bluff Area Development Plan and is planned for flood plain CL c conservation uses. The proposed rezoning to the "RV" Recreational Vehicle ' Park District is consistent with the adopted Future Land Use Map which calls a o for flood plain conservation. Q > Map No.: 035028 Zoning Violations: None Staff Report Page 2 0 Transportation and Circulation: The subject property will share 0 approximately 350 feet of street frontage along Caribbean Road which is CL designated as a "Cl" Minor Residential Collector. c� L Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume L O U Caribbean60' ROW 50' ROW Drive "C1" Residential Collector 40' paved Not Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-2" General Commercial District to the "RW Recreational Vehicle Park District to allow for the construction of a 60-pad recreational vehicle park and supporting improvements. Development Plan: The subject property is comprised of 7.95 acres. The proposed resort will accommodate approximately 60 RV pad sites, each with an improved pad, water, electric, sewer service, 2 parking spots and other amenities. The site will include an improved road within the site, a pool, and a community center. The Park office will be open during normal business hours 7a.m.-6p.m., and will be contained in a building on the front of the site. The existing property is unimproved with the exception of an existing boat ramp. The existing boat ramp is to be improved for use by the RV resort. The building on the front of the site will also be used to facilitate public access to the boat ramp. Existing Land Uses & Zoning: The subject property is currently zoned "CG-2" General Commercial and is vacant land. To the west is single-family zoned "RS-6" Single-Family 6 District. To the north is a low density residential planned unit development rezoned in 2014. To the south of the property is vacant and was rezoned "CR-1" Resort Commercial in 1982. To the east is the Laguna Madre. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RW Recreational Vehicle Park District is consistent with the Future Land Use Map and the following policies of the Flour Bluff ADP and PlanCC: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational Staff Report Page 3 needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • The City encourages expanded and additional recreation vehicle areas to serve tourists. Rezoning of proposed commercial and/or multi-family land use near South Padre Island Drive (SPID) and adjacent to the Laguna Madre for recreational vehicle usage should be encouraged. Zoning this area for recreation vehicles would take advantage of the natural resource of the Laguna Madre, excellent access to SPID and would meet community objectives to minimize potential for property losses in flood prone areas (due to the mobile nature of this use)(Policy Statement B.9). Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PlanCC, and the Flour Bluff Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. The former Future Land Use map identified the subject property for commercial uses. • Flood Plain Conservation are properties that are within the 100-year flood plain, preferably preserved for environmental reasons. The flood plain conservation designation should be updated when new Federal Emergency Management Agency (FEMA) maps are adopted to better represent which lands are impacted by flooding. The subject property is within the 100-year flood plain and has an elevation requirement of 10 as per the adopted 1985 maps. The proposed FEMA flood maps show the elevation requirement of 10 feet to for permanent structures. • A portion of the property has a designated wetland (Estuarine and Marine Wetland). The Estuarine System describes deep water tidal habitats and adjacent tidal wetlands that are influenced by water runoff from and often semi-enclosed by land. They are located along low-energy coastlines and they have variable salinity. Intertidal areas are defined as the area from extreme low water to extreme high water and associated splash zone. Unconsolidated Shores include all wetland habitats having two characteristics: (1) unconsolidated substrates with less than 75 percent areal cover of stones, boulders or bedrock and; (2) less than 30 percent areal cover of vegetation. Landforms such as beaches, bars, and flats are included in the Unconsolidated Shore class. • According to the National Wetland Inventory the portion of the property is regularly flooded by tidal waters which alternately floods and exposes land surfaces at least once daily. • The property is currently vacant and has not been developed since Flour Bluff was annexed in 1961. • The proposed RV resort will have to abide by all of the requirements of the Unified Development Code (UDC) including appropriate density, access to a public street, separation between pad sites, an internal drive, buffering/screening, and any amenities. • According to section 6.1.2.D.2 of the UDC, "Trailer pads shall be rented by the day or week only and the occupant of a trailer pad shall remain in the same Recreational Vehicle Park not more than 180 continuous days." • According to section 6.1.2.D.3.a and b, "The following uses shall be permitted as accessory uses to a Recreational Vehicle park provided that such uses do not Staff Report Page 4 occupy more than one-third of the area within the Recreational Vehicle park development. (Barber shops, beauty parlors, car wash, convenience grocery stores of less than 4,000 square feet, day care centers, dry cleaning receiving stations, fuel sales, restaurants excluding bars, taverns or pubs, and self-service laundries.) None of the described uses shall be allowed to operate within the proposed recreational vehicles. A single-family dwelling unit or Manufactured Home for resident watchmen or caretakers employed on the premises shall be permitted. Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. Vote Results: For: 5 Opposed: 1 Absent: 3 Abstained: 0 Number of Notices Mailed — 37 within 200-foot notification area 8 outside notification area 0 As of August 9, 2017: r_ In Favor — 1 inside notification area o — 0 outside notification area Z In Opposition — 16 inside notification area a3 — 4 outside notification area Totaling 12.90% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-03 B.L.Marina Properties\PC Documents\Staff Report_0717-03_B.L.Marina Properties.docx C-G- 2 UD 520'26 272_9;g�9 21 R1@@ 36 ' 25 37 A. R 28 Q 5 14 3 16 4 35 32 _7 �O 31 30 CIG,- 2 19 34 SUBJECT 13 22 PROPERTY 12 11 1 24 RS- 6 6 10 33 23 17 18 C R--1 o� J~ Date Created:712612017 0 400 800 Prepared By:JoannaS Feet Department of Development Services CASE: 0717—03 CaYoDelOso R I/s�0 ,o �O ZONING & NOTICE AREA �DyO� ` +0 GROR v e Ree v RMA Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial 'Q'9�scv RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-ATMultifamily AT RS-6 Single-Family6 O CNA Neighborhood Commercial RS-4.5 Single-Family 4.5 oP SUBJECT CN-2 Neighborhood Commercial RS-TF Two-Family �� m�m°°°°°°°°° PROPERTY CRA Resort Commercial RS-15 Single-Family 15 F� CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse �P CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home g CR-3 Resort Commercial FR Farm Rural H Historic Overlay �� N v BP Business Park Subject Property Owners ���� with 200'buffer in favor S Cl y OCorpus f �� 4 Owners within 200'listed on V Owners LOCATION MAP Ci1r1St1 attached ownership table A in opposition „, m,m,,,,,n,,, ,,,, „rv.,,n,, .,m, »,,,m„ ,„ ,,, m nmmn mn Persons with disabilities planning to attend this meeting, who may require special services, are regtJe5ted to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incao , es ue tienen la int ncignd� _a ��i �tir a esta nta� y ague reieren servici s especilales. se les sou Ali : ue d aviso” horas antes de la junta Ilamando al departamento de servicios de desarrollo al numero(361) 826-3240 If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri irse a la commission durante la junta v su in les es limitado favor de Ilamar al de artamento de servicios de desarrollo al numero QQjJ 826-3240 al menos 48 horas antes de la 'unto ora solicitor un inter rete ser presente durante la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Marina r i , LP. has petitioned the City of Corpus Christi to consider a change of zoning from the " " General Commercial District to the "RW Recreational Vehicle Park District, r slin i change Future Land Use MaI2. The property to be rezoned is described as: Being 7.95 ars out of Lots 22 and 23, Section , Flour Bluff & Encinal Farm & Garden Tracts, located est of Lagunaore , on the south side of Caribbeanrive at the Lagunaare. 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,August 9, 2017, during one of the Planning Commission's regular meetings, which begins at _ :3 ., 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 FII I. a OUT, SIGNED BY THE CURRENT PROPERTY O Ntk( AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 7469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, . . NTt I accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members o this Commission with an applicant or appellant concerning an application or appeal,either at home oroffice,or in person, by telephone call or by letter. PrintedName:- Address: rCity/State: ( ) IN FAVOR IN OPPOSITION Phone:— AI�� REASON: 1 'f'�il CGorcQ �e- 700, SEE MAP ON REVERSE SIDE Case No.0717-03 INFOR Case No,: 17ZN1023 Project Manager:Andrew Dimas Property Owner ID: Email:andrewd2cctexas.com ukmwuuuuumw Mhum, nr�rrrmu�„' „II„g a;� o r' w>d;�mJ111Fd�IRMG1,'kYdN1,YY�""�Fu�m�rmmumnrimm City" ig P^hpus ChristiIQ �rrl ��Pd�F Ibilp Fh�w �Fp� w� »IIS 90-4elopment Services Dept. �91 r p ,it wl N f 19 d 12 I�JFImuJdN� �, �I P.O.Box 9277 0 2 4 Y”! Corpus Christi,Texas 78469 wtl l..�ul�e w 9�Ids,m�'ll„ 10(`),0 X4(,)6 7 JUL 28 20117' Jerry Hooper Jr.. Tropic Isles Assoc,. President 341 Bali Drive Crus Christi,TX 78418 A i w / 1r v U J F ,pyl I l A V Y r e" I of J°y ¢ Q SUBJECT o- PROPERTY sol, RS-6 Y r I t �„ pp y' R o -. N.huap�a'WldPWtltl-X.r"kN�w �R r d� �� �� Irrluam�i!U�., • ,?/P[1lltPIL"?l�F.xmPmy"/1171111J/m„�&I K NAMWANI'IIrHWu9d tl�q°AN! IaWy�uevmmv.0:$Y CASE: 07-,17-103 ���� `tl'�q V �Yrlum 1�bt"B SUBJECT PROPERTY VVN'N" Z11DNM1NN�9C � � �� ¢ms ,u Y.nlw'�,FNNtt:C ^o1g I'* tld ugmm4 ua�vxu!�'mlrq ru N.a�nggnrnrtlqb,mq Pr@9�9"9k=�"'N' UgM.'a qN N61UgmdryPR OV@ 09mm'wypUmk wMgkUY9 I`? euam.s M,0 pr noNa0 Pewumrrm<Auum'YDmnillVmmuNu9P f !!�&'➢ '�"�"IY7�" IIIW4 IfnroNx. 0 UbPP'¢ II¢p.b0 I1"O %vmmm 17, ,. m JI"Ir 10.9"l—mg AV Rz II Ub,V N fly Ill M1"'MR'V NAmB�F.d'umo'fwmuwtl u'gMYbdpPWtlM1:PIUq pYNb+N_Vb I&mvmllm-V U[M1VI,y pI N{ 1:31;.Y 11kVIIII—It A11 U.maertt:,+yM' 1145-If Twp Fm AV rIM1Its Vtl Mbµ4No dYM+vgIY p P' C116a 5Q...N xummV W6 RE U¢uu,Ia"Vim HENT N, R"k'm!tl ddmrnrorcwlIvpgUi kNN IIt,IGYIV Nbaw.r kp01. � lf$aF {"NPfMMdlq l{mrmtlmaro�I.dwR tlUr 11u.,L 4lW'.4 ;p V,qm bb N.r:mwo rv.<qWN p„Ip Ak®ma 1Mnwn,.wN , lJmPoanr UN VumVW ten gbmma•xm—Z01,YYFIUU II-0 IIkd,9gN nmmx,mt luM..d pq— I:aa.'h W Ul'em'mm'ma�u.�gvx4 li p�-w+hge 6u� ,,. mUU W I¢Wllill 0.,0.PU 4GM tlN Iql q r4.I.Uuea¢dm ��. ...,. ,,.r Illllb Ilkaa I441'+MDA-gbmNPo �,. � ��� �,. e,"u! i tt - 0000 1:3-67'?� 4105-7 (+ ltcz .. ........ AFFIDAVIT FOR ZONING CHANGE CASE #0717-03 PUBLIC HEARING AUGUST 9,2017,5:30 PM STATE OF TEXAS JERRY L. HOOPER,J . COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared JERRY L. HOOPER,JR. who upon being duly sworn testified and deposed as follows: 1. "My name is JERRY L. HOOPER, JR. I am over 21 years of age and am competent to make this affidavit. I have personal knowledge of the matters contained in this affidavit, and all matters contained in this affidavit are true and correct. 12. 1 am a Taxpayer and Homeowner in Tropic Isles at 3401 Bali Drive, Corpus Christi, Texas 78418. 3. 1 am also the President of the Tropic Isles Association, Inc. ("Association") which is the homeowner's association for Tropic Isles subdivision. The Association has the responsibility for the property, i.e. canals, adjacent on two sides of the property being considered for the zoning change. 4. This affidavit isoffered in lieu of oral evidence and argument at the Zoning Change Public Hearing asserting that: a. The proposed change is not in harmony with the established land use pattern of the adjacent properties or developments. b. The proposed change does not maintain the same or similar population density patterns for thea jacent and surrounding areas. c. The proposed change does not positively influence living conditions in the neighborhood. d. The proposed change has a much greater negative impact on property values in the adjacent property and subdivisions, i.e. Tropic Isles. e. There are substantial reasoning as to why the use of the property is fairly limited under the existing zoning. f. As a homeowner in Tropic Isles with a specific interest in the canals, there is significant issue with rezoning and its impact on the canals and waterways which are maintained by the homeowner's association, i.e. Tropic Isles Association, Inc., for which I pay dues to maintain the canal system. The proposed zoning change to allow an RV Park would negatively impact the efforts of the Tropic Isles Association, Inc. and, thus, it of impact the cost of maintenance of the canals and result in my cost increasing. 5. As a Taxpayer in the adjacent subdivision of Tropic Isles with common interest of the canal adjacent to the subject property zoning change and as the Member of the Tropic Isles Association with standing in regards to the adjacent canal system, I request Page 1 of 2 that the Commission and/ or Council of the City of Corpus Christi, Texas in Nueces County enter an order. a. Finding that the rezoning of the subject property be denied. FURTHER Affiant sayeth not. J Je e ,Jr. SUBSCRIBED SWORN to before me by J Y L. HOOPER, JR. on the J-1 day of 2017. % r� er .............. ....... !Mgm Y A C -06 'P r N a Publ I in and for the St9te Tex JACQUELINE FAYE SPEARS L%*% ' Notefy Pu blio,State of Texas! Comm.Expires 04-20-2021 Notary ID 131090883 Page 2 oft Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades. que tienen la intenci6n de asistir a esta junta y que reguieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero(361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su inales es limitado, favor de Ila--r al departamento de serviclos de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta CITY PLANNING COMMISSION PUBLICINOTICE Rezoning - B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change tote Future Lan p.The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section3, Flour Bluff & Encinal Farm & Garden Tracts, located est of Laguna ores Road, on the south side of Caribbean Drive at the Laguna Madre. 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 Pian 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, August 9, 2017,during one of the Planning Commission's regular meetings, which begins at : ., 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. f6bit,ON,RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY i6M1IVNR(8)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 CommissionBy-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 oroffice,or in person, y telephone call or by letter. PrintedName: FSenrw M , 6 Antson E, r tJ,n Address: ) aS 6, VC City/State: CC(" - - 65� { ) IN FAVOR IN OPPOSITIONPhone: 7 361- 143 F-09)q REASON: 37 0.2 b� " I e-Cfe-Ct Val Ql� DXX-C k0n`%c C. 3. d ��cscnce � s s Signatur SEE MAP ON REVERSE SIDE Case No.071703 INFOR Case No.: 17ZN1023 Project Manager:Andrew Dimas Property Owner ID: 1 Email.andrewd2@cctexas,com IJ I'�" J rf 1 r:� I V ra P I �' �I�fi W'1l � r F�'kdUES m� �lfl vm uA, iu NIVI vwairr�i iuvsrw,�wwtwwr,.w�muuuuuwx �I II JJlI//////Il///LU/l� IIIIUGMttOWfi�YlG81IDNll/90/!/G' 1�,�I✓rP �uPfi"'Jl lla 0p� ;roi>u,'�'1n111>lar A Akuawr�wmr'urnit'urAua>r, City of Corpus Christi ��W�Iuy�4 Development Services Dept. �rII� 1 �Po69 P.O.Box 9277 °,ugdl i �� �°V` Carpus Christi,Texas 78469 P, ,.,� how�.,.,�J,� 01-0G P4[)6 f JU1,M 28 2017 1 884700010065 FRANKLIN BENNYN 3221 NASSAU D Corpus Christi,TX 78418 ,d ��r,,µ l , W f w CG."2," y"�, yr � C r� �� Iv D,� � ✓ � '�S,r v, ,'�, dP r✓ " a SUBJECT Y V . PROPERTY RS-6 r^ �, :d✓ .l -i �✓r, r' r G R uP '�, ✓ "w d"" r;,,'" y , d� x J� di qr. a � ` a��s D.w Mpw CASE: 0717-03 SUBJECT PROPERTY i+V1'b"H ZONING �ti61k7fLfi�P ;,!,� am, 6p4apm w� I RMI IMwwYAwt,b Ok, 0.bghWllHawBAtiw,4 f Mw oaaag WdNwdIMPhV6 mwW�rbn,wq ,^,,�.�,. ,"„ �ll��B �'f I" OC-7 bn o-d�maxwbg.BrW PMNMAdU W t". ry}mp @'rrUwreW�mmrew¢G91AiWsr VOO14 '%wV.W',.m w Cm R W.I%Wb�V R34 fl Y,-1jN w'+um W.w N C"1 bd&eAaWaaom-d IAraawwmWUc4md H5-T°'W o-P'-0, CR V flamw O C WUww AS OR ffigwglw-8'PoPI6,flW C VO..T MOW"4'..6WdAbW#CbW, RIC NuO.O SIL OW%W C4i�9 '%1W W P wawlml FPS nq T YoPo0— d u,md.a IXima Pl4r WPB gpn gymxlWrP^araoo4t �X, ICb IwnwwWPwa IX.d�wn&rv.PWV qq�e PitiarempinWuW�rJwlpwuw lwsWa X'.k4'b Im Cmwmr>'mTWIwP gfl�Ud ftft,.tt-c dbbwrmw CRN WwWfark C@ MWM:Im1'. p-+ rgk� b6wnVrmrnnW,ae: �I���'T) � � B_Ibr•I:�fl9 y the Development Services Department at le. ,,,.... ,,,,,,,,, ,,... ,,,,,,,,special services, q �.,,,,,. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact ---------------------------------------------------------------------------------------ast 48 hours in advance at(361) 826-3240 Personas con incapacidades. ' gue tienen la intencjon de asistir a esta junta y que reauieren servicios especiales. se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta Y su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (3611826-3240 al menos 48 ho_r_as antes de la junta para solicitar un interprete ser gresente durante la junta. CITY PLANNINGCOMMISSION PUBLIC1NOTICE Rezoning 717- . L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a _change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinall Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. 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,August 9,2017, during one of the Planning Commission's regular meetings, which begins at 5:30 ., 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 E FILLED OUT, SIGNED BY TME CURRENT PROPERTY OWNERS)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 li,y-Laws, no discussion shall be held by a me11 mbe11 r 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:..,.... � .,fit�C,cS C e � Address ,3 . a55 ,rvv City/State:' ( ) IN FAVOR ( } IN OPPOSITION Phone: - '�1 405 REASON: bXfite ,P l 0w&,rr re s a5 6i3 t Cs�t� o ip ;r 4 an; A ls+ 015 ,P t r'&A 1411 ,. shor , 140) l J r"Y DLII lilt r a rn c � � l Le) I f �!'���- �I c /� f , ,t , , Signature SEE MAP ON REVERSE SIDE Case 1 o,0717.03 INFOR Case No., 17ZN1023 Project Manager;Andrew Dimas Property Owner IDS 6 Email:andrewd2@c :texas, om 9J.( f 1,J Jf 1; �VyV Pf TNE 1 A,P IVIDr IS d, b�Illlr'�r iyr uu°�� Ni =r �//i u0%%/ rflmmmmmmmuu� tmudmudmmmummmmuuurmu a� wwwwwwwwummr r�imwaaatneau�";,,. City)of Carpus Christi "u� 1�1 mm �aZ iii/l�la� rrmmmmmmmmmmmmumum� �`�'�+fir„ a II G i�a�f D !1` nuimmu,ummmmmuu�immmmmmmmmu Development Services Dept. ' 11st 2 4 6P.O.Box 9277 0 : �01 Carpus Christi,Texas 78469 1,rn�� I,re,i� m� i,ml�i"u1 0130,0 1406 1/ JUIL 80,. 7� 4700090040 RUGELEY FRANCES 3229 NASSAU DR Corpus Christi,TX 78418 All nu � �u IN P „ All rD e� r � "C, " Gts` 2"" 4� ' "a SUBJECT , o PROPERTY P; E ,✓" �� rN 1Z r ' C r �u 47y 4 ➢Mww�nYvetiHlap� u,,,,,,,,,,,,,,,,,,,,,,,,.m m��.d P rwnmma ee aawwaeeayxw� _, 0717-03 UIRIJECT PROPERTY W(M ZONING subp lar IeD dP pmpany PB 1 eAaaeY.Dre�edP Po d� u..w aunDlmwtiruau SUBJECT RIMa mwn�lPya uo-g daw.wgP enema �°°'p�dfiA6'ERry ulua.a �.wmr,�ur�a Pwa� uwaw�smuD�m.ua.�w.�uweauU ¢Ata IWnx�umngwure•4DV� �8-k.9 gaq.}aw-�rexreilq d9 UUIM At INra�Ymervug A48 D%'�4i ;H@iaryrw.VmmpPpW ""4,w n" G I DPWI 4clu! IRS A.9�m�w,x'smaryr a m "� C+•d DbndryN�artnwmB mreewur.Urel R3,W'Pmad-0, CIA I Pkrewaek4, wwrwp MA IN$:wgptw.R,'"V fiff ., Cw4 DB tw G.04 eA M. 9 18w It9mM�d l@.wPdSut f W-^~• Cod Gdwweapk IX: smiWrKR2d b@.^,U TM aYDg6upW CED.'$ GO-Mocw+arwae-W gpa sw4d P-00 CU 1--l-C--m RV 4Wazr-ow"op0iii r�xirw GRkt D-11—lC4amwo..m ex j l..Da r.—Au I@BR44 RelawwewcUoerwM)1—% Persons with disabilities planning to attend this meeting, who may require special ���� ����� ��� .............................�a..........................................t „mm,np g g cial services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas_con_incapacidades, aue ti?nen la intencion de asistir a esta junta y qua reguieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su innles es limitado. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta CITY PLANNING COMMISSION PUBLIC1NOTICE Rezoning - . L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District to the " Recreational Vehicle Park District, resulting in a Chan a o the Future Land Us2.Map. The property to be rezoned is described as: Being 7.95 acres out of Lots 22 andSection 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. 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, August 9, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 .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. Or BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with pC the lanning ommission 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: ,,,,,,,„,,,,,,,,,,,,,,,,"1111111 �� ' ,n„r „ ,,,,,,,,,,,,,,,,,,,„,,,,,,, ,,,,,,,,,,,,,,,,,,,,,, 6 ”" Address: ,,,, w ° ' .................................................................................................................................................City/State: c ( ) IN FAVOR ("), IN OPPOSITION Phone: REASON � ,,' ��,,; ' � � / II,r� � .,. � ' W Sigr�ati�..Are SEE MAP ON REVERSESIDE Case I`,Io.()717-0:::.1 11111,d11I:::OR Case .:17ZN1023 Prr,)je t IMarrmger:Andrewrr(Dimas Property Owner I 11 11:mail:airudrewd2@C, Ir.lplP,:Kars,rOM �b mmmmmmmm w/ mmmmnnmai......rrrrrrr�rr� City of Corpus Christi r»Irrrfl nrrrrrrrrrrrrrnr ���������� llllllllllllllllllllllll �r��lll l�d/�I�n�rrf/lJlm/! 1/4Uf,r7/r /rrouu®uror r a r(� Development Services Dept. rrjfY i,guili�lJ�IJ'r w�I/// i�IV �f fl l d 11 10 1,' 1I,ilJl�r jf 1�1 P.O.Box 9277 u//Ill�uu llVV��1 fa1 / i f Corpus Christi,Texas 78469 �, ��Illlll�tl��r b 1I /3 11(;1 6 }1m / "I 11 884700010070 I 3217 au Dr Corpus rii,TX 78418 5 > r V I �n w I,tl IIP vtl r +.„I rU I I,aI Id" YIT . / wI d f r l 4 p"� t Qy l x --, S �s r SUBJECT PROPERTY ` ��f fl,� fir,. � � ll��" �� � , ✓ ,� R S-6 r,I,.,r �I! �` y n•, f do�;Y"� '� 11�l' r a / r dI >�a +" ...........r./mrrrrrrrrrrnnrrrmrr�rirarrdJr� �¢ Pawymur'4m��e ma rorevwe�rr�wra° CASE. 0717—SUBJECT PROPERTY WITH ZONING 03 le j �I` Imo:Po .P"mg aqy "�an / I,d:u" I , F tl tloW-4 nm m m slow a LL UPO ll 'li PSUBJECT #AM 2 4WurM&HEEOV 41 NA 4.-F W<NmYdais4 I'4m.s Ilw:oa¢xa�4ew x PW MlU.k Dr P0"d y ON ticu'mamm N12,E191.111i Ukffi.CNI $kul,lm-tl'grywl,4^m q III , Rim AT IWm44YPmwoNrm AT �0 l41opNN•NmanP4p I p I b m�Ipww P C"T 14.0phxee0P60ai4 G&bwPobWf#,{lu0 441 �.$d¢1T,Wpd°".prodh84t d @ /IRxvmwm .. I CNa A4p lld'e 'h_d GmnaervmoeW 4H"&arIfw4n.PAN4r4q Cft.v Mml eNwwnNne6NP RS 414 3ILM4.PmmE4,AB / C.2 OEmmmN4 emnvmw C., ME R.Mal el¢iW IL ILEE. Cr 9Ba�urePol 'mNNlll:'19i 445-EAA'4cxmro4mwaeN x;�° C04 �'.—Il4�ewmraa9lam4 ;ygo- s,1ww.i�N64W�a K 'I eW CI Iw4ao h.CO—.NrcYMe ,El 4@mcaamulmwsP Vaul+rc:u Ill CUPID III 11v-EtE Wco, Nutnx4 RUH p,gy,roleg,ys;gp®ewom lHa Ip. 4;W-1 IN-AM r—MIM 4'4¢ V-.k-0 I 44 4hma Yom omm¢ON# �pCA4�440`u f4tl° 0m0m9@n tlmmum hLQCA TIQN ..... � m„ - ,,,,-- , . . ,,.. ...: n.-......... .. . .......--1111111—, 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 incapcidades. ue tienen la intenci®n de asistir a esta junta v gue re uieren servicios es eciales se les su lica gue den aviso 48 hor s_antes_de la iunta Ilamando al departamento de servicios de desarrollo, al n6mero(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. i jsted desea diri irse a la commission duran; la junta su in les limi f. vor de Ilamar al de aamento de servicios de desarrollo al n6mero 361 826-3240 at menos 48 horas antes de ra solicitar un interprete ser presente durance la junta. ..,,,,.::mm -. ."I'l� ,,....,,. .,,,,... ........ ...�... CITY PLANNING COMMISSION PUBLIC Rezoning - B. L. Marina Properties, LIP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District to the " Recreational Vehicle Park District,,resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being acres out of Lots 22 andSection 5 , Flour Bluff & Encinal Farm & Garden Tracts, locate est of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. 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, August 9,2017,during one of the Planning Commission's regular meetings, which begins at §.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 O RECORD,THiS FORM MUST B FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND 111.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. T r In accordance with the Planning C ornmjssiony-Laws, no I d IIscu I s sIIIonI shall be held y a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home oroffice,or in person, by telephone call or by letter. PrintedName: ddl ' Address:_,%2�Q57 Cit State: W1-1)11,5UJ 14,Y ( } IN FAVORIN OPPOSITION Phone:Of / /J glUdi 10A1/1$% Signature SEE MAP ON REVERSE SIDE Case No.0717- INFOR Case No.: 17ZN1023 Project Manager:Andrew D`urnas Property Owner ID 13 Emaii:andrewd2 cclexas.corn iai......... .../ City of Corpus Christi WWW ' �Jr f V`(��`( I,��� 'Nfi!'RIIIO MJkINW.W Jl/9WNkbDUNWiYPNp Development Services Dept. 2 P.O.Box 9277 111llil�nh�„��W 1�IrrN ” Y u o' i ;F � I](„,d�ni�1 r�,4 JJI�IJP 9 Corpus Christi,Texas 7846 " °���G,� ,��I���� �,��^, �i o��di� i la r u.��p,� at 21,")s 13 884700018100 WINTERS DEBORAH J WINTERS 3205 NASSAU DR Corpus hristi,TX 78418 / d h i ,u � � .�q r � ✓� ✓ IIS ^ r. C�4u4 G i ,��s SUBJECT E ^ J PROPERTY ,� �` ',G RS-6 �.,., d d E swum� -TtEa CASE: {err�rsooKoro000000.........7..%. ceeremmoH SMlAx�a .',6r SUBJECT PROPERTY WITH ZONING bar P—ty ,SUBJECT � I nzG.a e�uux® aar;u uuG UbwarepPvxVesRPmP PROPERTY OMP IUlur1'tpm+*>4Bg$ Pun wlam�unll5'�m.IS .V / ON, p'q'�taDnfm�.4'i m Ud RM lkwkNF—ay AT C R51 COnggp.0°a+niBpa � .�„� �T GD6�3 RFW6 fik^mUM1bNmSW Cnrernxroere d PUub'%0'T—h Yvon j CH 1 Ul.m Cere¢ugme w Uq'.;g P�gh w-V'mar 0% CR.,A Ak-0 C—f. RIE IRM9mMNA BMW 0:864 ¢xYY1mY9IG Crmtmwrv�n0 ;gyo 4uG 1@rertmiN ..,. '+S CO IVMdUmg�puareamamkeY 4R�wCtrW kPmPovi:U�IPIb."K ,.� �CUOVV m mmrclsU RUN 4N.W..ww H— F FR p—H-1 �TI Qb 44 op Ire nC0T 0vv 4.rir�EdM 0Imwmlmnn,e� ; � i C:'Ruads6N „,.. .... . ....- 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 ince acidades que tienen la intension de_asistir a esta junta v gue reguieren servieios especiales, se les suplica aue den aviso 4 horas_antes_de la_junta_liaando_al_dA-a--rtamento de_servicios de_dsarrolio, al numero (361)826-3240. I 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 diriairse_a_la_commission durante la juntay su inches es liitado, favor de llaar al departa ento_de_servicios_de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la juntapara solicitat un interprete ser presente durante la junta PLANNINGCITY PUBLIC1NOTICE Rezoning 0717-03 B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the ” neral Commercial District to the "RV" erre_tion I.Vehicler District, resulting in ----- ---- - change Future Land Use Map.The property to be rezoned is described s: �.,, ......m. Being 7.95 acres out of Lots 2 and 2 , Section 53, Flour Bluff & Encinal Farm & Garden Tracts, locate est of Laguna r the south side of Caribbean Drive at the Laguna Madre. 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, August 9, 2017,during one of the Planning Commission's regular meetings, which begins at : . 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 M11 UST BE FILLED OUT, SIGNED BY 11 THE CURRENT PROPERTY OWN11 ERS11)AND MAILS D IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE. In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home oroffice,or in person, by telephone call or by letter. ... .... . Prinked Name: rS w_ "S____-- �- Address: 161 C ekc CitylState: Ftp v°� 00{ S }� ( /IN FAVOR ( } IN OPPOSITION Phone: 1 -"6,0 0 Q REASON: " - 4 ct,� vL✓. ey�c� }-C . c��- [ .c.r I o .�. t3 �. ,,�`a f �u rv► xh� '�--.�-.,-p l h µ„ a�,� �j,.c n-i G�✓r.p s Signature SEE MAP ON REVERSE SIDE Case No,0717-03 INFOR Case No. 17ZN1023 Project Manager Andrew Dimas Property Owner ID;� 16 Email andrewd2@cctexas,com 111�4'r^Bull Yrs '�IIni�Iwd�l� .,.;"r I ��� ��l r /%I,aP�illl�l fi 117�o"rll � j� uuiiwmu,mu�ti`rWl(U'rim0uurraiiiiaaamuuww 0 City of Corpus Christi Development Services Dept. P.O.Box 9277 fr(�t `�uWumImIIImIIimU uuv�em19u/mUm///ulu/`//m(ull,�lll�l�rri,",,uwivrlumv r�l�r�a�m4 2 Corpus Christi,Texas 78469 f 00 �, 6 u r � vUJrvv�r LP,,. 2'8 E Cj,I F 16 884700010230 L MARINA PROPERTIESL 5716 HWY 290 STE 0 Austin,TX 78735 ar r"� �•,., � " w I � l ykr' r r m � Pf r � a7 A r `uVr „, " � rfiy SUBJECT r 4 P PROPERTY d i+ r '" RS-8 e tl r fiP / r � pf° .red' r �'" �,•N,r*" n ,d' r�, r C P tl Air, qny� Y 4 DM DOW"V7 wP q�r4 x' ,,,,,,,,,,'^^ ,"' "�'�IHYn'Y,➢m"/2�"'w9ttYf XD9193lCPrzWaa9066mAi✓wWmlPmwawtl qui SUBJECT PROPERTY WfTH ZONWG k RIM dUP WWePv6Yarvu6P N UC LW401SCp6tJLRT W-Iftd .„.n.. "y,tl RM4 Move—”a IN —Vl'a�muP �� KNO$ awwPPu wpA?,m NVI wGdP vs�mw rswu.druxxanr '• �:"6d�tQ&6d dffiTY 'wua O-kwcrex Onew wi wr uWw1`10'4u p AT p; m %4 i� U'.mrcaYp I Cod m U&ry✓tr P taewexuY CWauaexmuWdWO ' u rad m.�PSunm,la..�w„�uPd s� 'UP3 MPw6pW Y4e1RAm Creuunue wsebxU UP�•U4' Fww1.V'.wwad@q CUP.v, UCWamwF Curerwwwacdx4 tldtlBWuU,9ro-YmmWPm 9m P , CPX.Y lC.ammvu Cwr+miWrvoa.we e YVYWaPWAwidfmW ImWWa u �'ti R GdwrnwPm4�Cmawwbmmdme dP o ob'I'rmwdUmwxW Y¢6•w'. mnwrauU CuuwuuvownWWl �gn ',$�W¢PxP dumarcmdP W CP - Pw aaa 'mmrrF.mP dmgp Fft ta.WP O Put —� CONDJ 61Rmu mi Pdi •w rK 7. d4m m.muuuuw.Mw rn dm,r R—b f 4k`W dk xlwwauro��eer&V ��� IN w im roi wnawWxN l CA7j N G:Odudad§ - -m § 0 U $ ® CL \ # » � .. ao M CD N � \ (n rh cn d\ — CD ' Cn : . ®k fu 9 CfuL ato \ ) M ` $ : RC \ . E2P . k -4 _ . , I % � �M rn IM S 1 w V ® � � N W G1 s f a 2 i O �� ql �„ Persons with isabjlitisFannin �t attend this meeting, mr,n,rmr ... ...,. p who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (3 1)826-3240. Personas con incaoacidades, gue ti,-nen la intention de asistir a esta iunta y gue reguieren servicios especiales, se les suplica gue den aviso 48 horas antes de la junta llamando al departamento de srvicios de desarrollo al numero1 61) -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 I junta v su in les es limjta o. favor a Ila r l epartnto de srvicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para slicitar un intergr t ser Pres me durante lajunta. CITY PLANNING COMMISSION PUBLIC HEARING Rezoning B. L. MarinaProperties, . has petitioned the City of Corpus hristi to consider a change of zoning r the " I Commercial District to the "RV" Recreational Vehicle Parki tri , resulting i change to the Future Lanqqgg Ma . The property to be rezoned is described as: Being 7.95 acrs out of Lots 22 andtin 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Madre.Laguna The Planning Commission may recommend to CityCouncil approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the it 's Comprehensive Ian, will also have the effect of amendingthe o re sive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate recommendation to the City Council. The public hearing will be held on Wednesday, August 9, 2017,during one of the Planning Commission'sregular meetings, which begins ., in the City Council Chambers, 1201 Leopard Street. You are invited to attendthis public hearing to express your views on this rezoning request. For more information, please call ( 1) -3240. i' ..k ON RECORD,THIS FORM MUST B F-1i LE D OUT, 1GN E b B"Bf TME CURB NT PROP TY W EIl-(S)AND MAIL D IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 749- 9277. ANY INFORMATION PROVIDED BELOWCOMES PUBLIC RECORD. I,n accordance t a.. lan n,i Commi'ss'ion' -Laws, n I-scussion sh,a'I l"b e h elmember or members of this Commission with an applicant or appellant concerning an application or appeal,either at home oroffice,or In person, by telephone call or by letter. ...............1 Printed Name:-ZIrr ` 1 Address: City/State- ( ityl tate: ( ) IN FAVOR IN OPPOSITIONPhone: - t),VIIUSLI� Ob i® t a9>. Signature SEE MAP ON REVERSE SIDE Case No.0717-0 INFOR Case No.: 17ZN1023 Project Manager,Andrew Dimas Property Owner ID:33 Email andrewd2@c:ctexas.com n '1'3dmI ' (UES �Ii UIRi'��all I; IR j� r'lly, m 1�9NU wwnummwrcrcm' mrwrmnnraammuuuuuwmmuw ,mmuuuuuuMar awarrardmr I rrrrrrrrrre�, ��, m 6 rNHdcJ01i0,371%,I�arf�wuAsrvmyw�ii11111p City of Corpus Christi r�R°1� �r( � °� fj �a�a�r rrrrrrrrlMeol,�rMe" Development Services Dept., !�7P hr RIIi wD00" 4 Qll" 31P.O.Box 9277 Carpus Christi,Texas 78489 aJ Q _ 2 8 2 11 33 884700010020 STEPHENGOHLKE 3237 Nassau Dr Corpus Christi,TX 78418 + rr ell J° r I o �+ SUBJECT il /All ';' � PROPERTY I R S 6 r r �I n d pII � � • +�� ��, � � fel w " , I � � I I I I s a � alw,rawwuWanalaW_„� 7y��yy qq���� �� Ir'�wntY IMudawrrnmronua uuV NAwwrreWNueMORa CASE: 0717111110 y� � ITi Y,i dIYINy� 91FBI,lil C:,T PROPERTY WITR IIO INN 4' ••••••••• ••••••••• ••••••• •••••••• ••••••••• ••••••••• y I¢ IUIl ry "O'"rwNpw IN, &,µNh+e N�px�rol wl si1sJ�CT ImN.. arN Ruanwmwart IUR ruWNvrryurw;KK�WNvrwu �'6,�Lp�x�7V II ',g Iia von uulv.t uw'Jlla NRar+x WaA&91 47Aw'�r•c'kmwriwg R NmRa N,y o reavruww IIRI.I INIm,PNn arw r,II ar nkum-wr;��r uWKKetxe®�,RIq Ilar q�,��ro ��ww�umw�urar In I'„'oIIR wa+r,o�N�uuror¢�,fi�Cwr�.wwremNlRl its., 9.1;l^arinmlaMp ua Groa.;C IN II0IIIRVRPGIDCWbWY ICxNeml•xnwremumG IIks.,EF mw'aa.7'+m MI, p ERR W RG.N1NN l�4mrxYr a rkdm8 918 66 4NIlmIIVIttwY'JYp IIIIM1 p ";'W I:fIj Rk kca-=.W., IIy U; ggM141+IIWNIGIw41YNYllI'” Y IMIl t 1(IRYIIIY IIII'C VHYWKKP�IG :s no'gkWmNpuv CU".7 16WMWttMa rc�mlmoazowrow4wU !GRI y,l IWM 4k D;;RUWl unbwBsam U.'.W:WPren rrcwUWN NW'NG UUmx.c�gPsoNwpwRnW..Nm IF'durMr IPIIIINI ISanmrv. vIX:wewerrprur.NxN RUN 111Ww0wYnbRM•A AXRywFm �P;Iq.� IkWmrcaPW iCn�aw+mm:,emY u: I uuu R Gn a Coe I III' .,,. h"M re” .., Caul gAU6.a Ilio IloNunVlmewwn aw ��g�f�f �� CINg NU ••••••••• •••••••• ••••••••• ••••••••• ••••••••• ••••••••• uw,,,,,... 9 ..,,,amu.,,,,� the Development tannin to'attend ...................................s.......�.......�.....w.-....._............... Persons with d' planning 'attend this meeting, who may require special services, are requested to contact u p nt Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. ue tienen la intencion de asistir a esta junta v que reouieren servicios especiales. se les sualica oue den aviso 48 norasmites de la junta Ilamando al d9parta ento de servicios de desarrollo. al numero(361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la junta y su inoles es Iimitado, favor de llamar al de art m nto de servicios de desarrallo al numero 361 826-3240 al 4 floras an de I unta ar Loll fi r un interprete ser presente durante la junta. CITY PLANNINGCOMMISSION HEARINGPUBLIC Rezoning0717-03 L. MarinaProperties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the " " General Commercial District to the "RV" Recreational Vehicle Park District, rel ! in change tote Future Land Us@ . The property to be rezoned is described as: Being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located est of Lagunahr Road, on the south side of Caribbeanrive at the Laguna Madre. 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, August 9, 2017, during one of the Planning Commission's regular meetings, which begins at : ., 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 ( fit) 26-3240. TO B ®N RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 7469- 9277„ ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In aecordance with the Planning Commission y-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 oroffice,or in person, y telephone call or by letter. .... .... .... ... . . Prinked Name: I'E --------., ------------- Address: -} s City/ tate e C ( } IN FAVORI OPPOSITION Phone: 3V REASON: 7 , 7 PROP C t?1� rA I/ Lz 4-fi,4,410,277 ,. .5 Signature SEE MAP ON REVERSE SIDE W� Case No.0717-03 INFOR Case No.: 17ZN1023 Project Manager:Andrew Dimas Property Owner ID.35 Email andrewd2@cctexas.com �&7�S6> Num4EIz- o7l � -63 � Md"'" n✓�11�11 f Oir�l111d1� ✓1 l�ld1 � C.mhhI all 4 mmp»ulmumrnml ✓emN✓i✓iri✓m✓✓ai¢re n✓ . 1 a.WlijrNJ � wP dl ✓n✓✓r rima/rr air✓4' 4 ""^' � '�"° JAI a I�rrdlb °P� �. �� I r�eN✓>DUluu,✓/✓✓l�✓I/✓�/✓✓✓�X✓�m"mam,�umBnyyvvv�✓mauuxe City of Corpus Christi �Gkld��wuu�Bl�P �[@ �w�ak�� 16 �, �w»>wAwfluu�✓✓�������� fluy„ Devdo meat Services Dept; nor Yl�I�rrw aim 8 i 0 Y !� P �� B r ry�� r,,y II�m,�" �N (000,40' I.d.Box 9277 � ��J flso A� B 1,,012 JT fl, Corpus Christi,Texas 78469 � '�„„� wd1m��wflonitiwuAou km�u�BIP16dWV�Y✓ �1J,d(�dJ," P2��e"i ✓ �f11:,o� A 35 88470001021}0 r YEARY ARLENE G a„F, 311NASSAU 3 Corpus Christi,TX 78418 ✓ _ alIP ✓ f IJu J' ✓✓ r r d +' ✓,e® d 0Eta s° � �»: rU P✓ ✓qN�Y J< < a w � ' aSUBJECT PROPERTY C k b , R 5 ag y aT ✓ R» � ✓ � i `'Iry J ro .�. ✓I a .. Y�u m arm ydV7♦�.mw.u��un„.m..wmmn.mmmmnmm�,�.:m:.:�,""m"�-d'�ueAYU iwBYJWw�U” CASE: 0717-03 SMIWCT PROPERTY . 'tiufisityC2 � � qWw� � " .. Aauw w wry rnU rap a IL upa BnnWm-v w m„ uuu�x um a¢I¢ Arga we BAwW�pt+wa,muretAd `„,, �4d�k��p. wnm:V' IWosflrumwrakro� Y'&lCU 9HwerosAwn4svtiebmv.40meapwy „� ""'9's�kd�a�6d�'fl° gSaA @vwPww uuo�as prerrmm uk ,wm Igw,wWmurmry 0 UIIUPo�,'p lydW@Erwdmolq&f pq�ry n;aru�wo-ramAupe ;,, �' p;W$ UswkgnwvJaAarc�d�aaumommurasl ut�ax a,nlgBw-U�m,vAapsm �oA.� 6ualpp ¢�mmudemnwiuW py�.'Pp Yrvw.A'roa�w�bro CB¢:u 9kmwmc P'.amAma.w uk�fl1418pWgom B'nI. GUWP, AR RkmW 0gaBmvrmmaeimt Obi RaldAfIfC9�WwB6Cw +vr.•--, IX:LnY C6AwMrY&Il�d'k1YUMWp0.'I,w! U¢:3i 2bA'I�mvAW4i6 .,✓ CGI:I ICArnwrme lCwmiamwvwAs& ".... CU Imumxm.Uww Cmav¢womvwBwll �CP.wk Pw�amW 1-1. f cILNIC6 mvwl WwuW U:.wamemWpe,UmB UYtla UGwrxmwaWtuawB SemM r.Uw UFWdW RIF Sm lull'.t 1-1.MlGemwnv ma.1 PkQAW IUUmingxkww WmmmUU4wmmeW M uwwm • U'UB WWmu BRewmU 4 '��VUM16bP uA Wo-ilprac4�wwr¢Wq 0:ar�eprkBti UYvuwk wwa UbpyW ��',dAlff�URh9 MAP 4 kuu"$^�eB �_ �� M_ .. .. 1,,,, 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 in pacidades, ue tienen Is intenci6n de asistir a esta junta u reguieran s rvicios es eci les se les su li u den aviso 448 horas antes de la junta Ilamando al departamento de serviclos de desarrollo, al nu ero (361-)126-3240. If you wish to address the Commission during the meeting and your English is limited, please call the development Services Department at (361) 828-3240 at least 48 hours in advance to request an interpreter be present during the meeting. SI usted desea dirt irse a la commission durante la junta su in I6s es limita o favor de Ilamar al departamento de serviclos de desarrollo al numro 361 826-3240 al menos 48 horas antes de la Junta Dara solicitar un int6rprete ser presente durante la junta. CffY PLANNING PUBLIC HEARING NOTICE Rezoning Marina roe i . has petitioned the City of Corpus Christi to consider a change of zoning from the " " General Commercial District to the "RV" Recreational Vehicle ParkDistrict, resmitaini changeto the Future LangMgq Map,The property to be rezoned Is describe : Being acres , Section , Flour Bluff & Encinal Farm & Garden Tracts, located Lagunah r , on theu iCaribbean Drive t the Lagunar . 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 Ian 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,August 9,2017, during one of the Planning Commission's regular meetings, which begins at .3 .. 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) -3240. TO E ON RECORD,THIS FORM U T E ff OUT, SI E BY 7H du ENT PROPS TY OWNER{S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. OTE. In accordance with ePlanning-Commission 13-y-Laws* no dl cu i ,..,...1-1 6"W,. '„ .rv,- r ��� n shall held y a ember or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in person, y telephone call or by letter. Printed ame: a � , u I" '11, l , ,- �j, ,� m .,. CjtylState ,�� ���' " � I Address: , I OPPOSITIONhone: '. , 1 tI _,, 2. i ASON. i � I", ^ � f iV' M" lg CL —I.,� d .u: d' u.r i :I� I" , �w°'v� � G �* : °r; � d H iU mak ���'�',"N. M ��.i � �G.�I 'p P p p p� .,rv,. dli1� I A LL r,,. �,ml FOJ "l L I IN �" w s � .m I . � �, � .,� I � � w a ;1ol EE AW I '�' �' i° Signature � L,- ,, m O R��ERS�168 t�("S. Case No,0717-03 INFOR Case No.: 17ZN1023 Project Manager:Andrew Dimas Property Owner ID.22 Email: andrewd2@cctexas.com f I I l(l I�/,rf//� r,. lJ / f/ �1//,l%/ rf�%'l%/ �rJ/ / /��///d OG//// /rl ��/%!,'%i//r! /� / i,•�, '/� i r«r r,rirrr rrr /.. ri i,/�»rir. i ivrcrroi ii r'ro" o arra m...��rr ra� rar iir�r✓r.. ,ir. o io/rii i..r r i ,i r J J i � r � i i ri r � r iii r� r / a ilii l � / AM ��/�����;,,,,,,,,,,,✓iiiii�„ �� � '4wA�"-- � ��„ ,,,�" � ,;,,, �,,,,, o� c�� ilii /aaiaai ' orpu ,r r , �„� , ,,�;;,�� ,/, ,, , ro � 7, ii l � r � � � R cis,, z o' '� �to � � � �95 act � � � ' � ot east, of, ,j �a � � � ' � Madre,. r � roptell n!�J --- ;-i,wQl aNici have the Ofsci of Finan "k the C"wiprellenssive Ran,to, reffecl,Uher,, zon, o Uig -ply Courid�� "T hia p u li °eafing wAff e heli` n° �� � � � "dui of, Tela, Plannurig C mmis lora” re a "c, r ee"t, °' , wiril i begins at u / u �� n l �;�` tr � ,. u' u � ru �- �� u � uu� uuuuu� uuuuuti uu r"o �E„� � i � �r1� ' , � �"" � � �; � I ; ext Will iN(l PUS CHRIVri.'TE� ES , JBLICIRE PRC ED BEUM BECOM Pi Ca/RD I 101N )VIDE fn`; ,v l� la"an�� � mmisslon sy-ta y � ,pro f t�u-m� shall i 'll � �j an ap#llcantrppell n onlic rnIng atiapplhudlon or ippeAl,,alt hamrst h -'1"a of am / , msicaltorb, Irv, a / / of �r „"i� ri aWii° t / r ,a!"", � � r i S 'rY I ,r,�y,^`, 'r f/ iW ,m�', !� ✓/.,J, �' /J,;,, a,(, r i a ,I�.�'"�',;,�a nr"�'r a ',w�i ,w✓"„ arww� ,9 / / ry r f ,rl a.,� �� ���� �"u �»m�k'm�/i�,.� J� �;;,. - ri �� ��r 0 �� » `/ k l✓lei l $� ',ter .fin W r �ir,;�l+" H�;�Vw r al � err r ���, 11 ,,,�.rr, ,��,Fljr;� ,,,, rrr 'iirr ,� /i iii ���n�� ,,,,/ a ri :,,r ✓! i l�� r✓ o' ry�e ,,,,.,,�, %... o ,, ,� ,,, ,,,... ,✓ ,;, i..:.w„ ,.. �, r!, ,,,i �%, � � � �., ice/ u "1�� ii//�ii�ii����� "J /i/%/,l �r� r� �iG ,�✓1% � r"r,, !Y d�; kwl n ,r '�ja' r!✓' Crr 1. ,(v/ir/�,�:�i,.���i�',u'/./irVi/,v/i���f/ '.�;,.1�1r0/,i 7°�t�a„�i��;i%./"aYG�/i///r�/iii!ii�iii,�ii�iii,,,>;ir,i/,.,..,�,m1l��„.,>��/,”,,,➢➢,n'%"r��� ,.�,,i,�,,.�,,l✓�,..%i/f(�r�,,ai/,ii,i7l�,;;��,„/,i„<?'.yf�,„, r�„ „;a,,;,; /,,... „'�, „�i��� / i/ , / � / / i„ „ ,„ ,iii, i”i / /4"A' i if ,iii ud ,� r ,! ,%il ...,, /1 �„ r rrr ��////�� r is � , ,,,,,,,,,, .. ,,^�. ,. ✓ / /oil:, r,i ,.ncri�"""�i""”'iir�� a'J„ /T”, ,,,,,�%,,,iii �� ���/� e,,r /r,,;,r �,/, ,�✓ ,,, � ii�� -,ilii �„�� ��, r ro ��% ,/ �� %%//,,,, ., o„ ,ilii... ,,,,,,�aai o,✓�. ,..�o�� �iiv� i l � �... r i / r. i Persons with disabilities planning to attendthis meeting, who may require special services, are requests t contact the Development Services Department at least 48 hours in advanceat( 1)826-3240. Personas con Incapacidades, gue tien n la intention de asistir a esta junta y aue reouier n servicios esgeciales, seJes,,suglica aue den aviso 48 horas antes e l junta Ilano l artamnt a servicios de desarrollo, al numro(361) 6-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (3 1) -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 ingi6s es I°r itado favor de Ilar al del?artamento de serviios de desarrollo al nu r 361) 826-3240 al menos 48 horas antes la junta para solicitar un inter rete ser gresente durnte la unta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning _ B. L. Marina Properties, LP. haspetitioned the Cityof Corpus Christi to consider a change of zoning from t " General Commercial District tothe "RV" Recreational Vehicle Park District, resulting in a changethe Future .The property to be rezoned is described Being cr t of Lots 22 and 23, Section , Flour Bluff & Encinal Farm & Garden Tracts, located east of Lagunar , on the south sideCaribbean Drive Lagunar . The Planning Commission may recommend to CityCouncil 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 ComprehensiveI to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate recommendation to the City Council.The public hearing will be held on Wednesday,August 9, 2017, during one of the Planning Commission's regular meetings, which begins at ., in the City Council Chambers, 1201 Leopard Street. You are invited to attendthis public hearing to express your views on this rezoning request. For more information, I s II ( 1) 826826-3240. TOBE 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 7469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. N 6fff. In accordance with the plannin ,,..Co m'i'ssion 1. y-Laws,." ° y a .. ._member r ..._m..... .... .... no iscusslan shall f-be held br members o this Commission with an applicant or appellant concerning an application or appeal,either at home oroffice,or in person, by telephone call or by letter. Printed me: - i Address:, Itt ("ley .. AV (J, 'IN OPPOSITIONone: . { ) { -" � REASON: ^ - ., .,„ ., . ^ SEE MAR ON REVERSE SIDE Case No. 0717-03 INFOR Case No.: 17ZN1023 Project Manager:Andrew Dimas Property Owner ID: 22 Email:andrawd2@cctexas.com These sites are built of dredge spoil,dating from the original development of Tropic Isles subdivision. At that time the developers reached an agreement with officials of the state-either with what is now T E ,and/or the GLO e that it would remain undeveloped. This was in exchange for the permits to build the rest of the subdivision on fill/spoil; also common use structures such as the boat ramp, and a structure on the end of the spit that was for community use described as a "party ous ". Tis structure burned down years ago. Even without this agreement,there are restrictions on building on spoil in the Laguna Madre. Roy L.Tie eyer DDS se o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 NORPOR PE 1852 Action Item for the City Council Meeting of October 17, 2017 DATE: September 19, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department Jay II(_cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2(_cctexas.com (361) 826-3169 Lease-Purchase of Three Loaders and Two Motor Graders for Beach Operations CAPTION: Motion authorizing City Manager, or designee, to authorize all documents necessary for the lease-purchase of three loaders and two motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed is $1,201,629.50. PURPOSE: This item is to approve the lease-purchase of three loaders and two motor graders for Parks and Recreation Beach Operations. BACKGROUND AND FINDINGS: The equipment is needed for everyday operations of the beach maintenance program to maintain roadways and the shoreline of the beach. The calculated annual payment amount is $240,125.88 for the new lease-purchase equipment compared to the annual rental cost of $329,604.00. The lease-purchase plan includes a 5-year preventative maintenance package for each piece of equipment. ALTERNATIVES: None OTHER CONSIDERATIONS: Financing for the lease-purchase of the three loaders and two motor graders is based on a sixty-month term with an estimated interest rate of 3.65% for an annual estimated payment of $240,125.90. The total estimated cost over the five-year period, including principal of$1,095,925.00 and interest of$104,704.50 is $1,200,629.50. A not to exceed tolerance of $1,000.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate for a total not to exceed of $1,201,629.50. The lease- purchase financing will be pursuant to the City's agreement with Frost Bank, which was approved by City Council on February 13, 2013. Total Lease-Purchase for all five pieces of heavy equipment: $1,095,925.00 Total Allowable Interest for Lease: $105,704.50 Grand Total for all five pieces of heavy equipment: $1,201,629.50 CONFORMITY TO CITY POLICY: This lease-purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $489,000.00 $1,041,545.58 $1,530,545.58 Encumbered / Expended Amount $16,006.75 $0.00 $16,006.75 This item $160,217.28 $1,041,545.58 $1,201,762.86 BALANCE $312,775.97 $0.00 $312,775.97 Fund(s): General Fund and State HOT Beach Comments: The Current Year column reflects only eight months of lease-purchase payments due to estimated equipment delivery in February 2018. The Future Years column includes the remaining lease-purchase of the five-year lease-purchase, for an amount not to $1,041,545.58. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION LEASE-PURCHASE OF THREE LOADERS AND BUYER: ROBERTA ORTIZ TWO MOTOR GRADERS FOR BEACH OPERATIONS TLGPC CONTRACT 515-16 DOGGETT HEAVY MACHINERY SERVICES, LLC CORPUS CHRISTI, TEXAS EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1. 672G 6WD GRADER 2 EA $281,780.00 $563,560.00 544K QUICK COUPLER, 2. DEERE LOADER 3 EA $177,455.00 $532,365.00 Total Price $1,095,925.00 Estimated Interest $105,704.50 se �' as 0 E AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of October 17, 2017 "CORPOR ED Second Reading Ordinance Item for the City Council Meeting of October 24, 2017 1852 DATE: 09/26/2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3276 Ordinance authorizing the City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US, Inc. located at 299 Gilliam Street. CAPTION: Ordinance authorizing City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US Inc. ("Permittee") to install a private wastewater collection system and conveyance system force main subject to the Permittee' compliance with specified conditions. PURPOSE: Flowserve Corp. / Flowserve US Inc. has a facility located at the intersection of Bark Street and Gilliam Street. Currently, the wastewater generated at the facility is collected and disposed of through the use of onsite septic systems. Flowserve no longer desires to own and operate the onsite disposal system and would like to discharge the wastewater to the City's collection system. BACKGROUND AND FINDINGS: Flowserve Corp. / Flowserve US Inc. has a facility located at the intersection of Bark Street and Gilliam Street. Currently, the wastewater generated at the facility is collected and disposed of through the use of onsite septic systems. Flowserve no longer desires to own and operate the onsite disposal system and would like to discharge the wastewater to the City's collection system. The proposed system will collect wastewater flow from the buildings, convey it to an onsite private lift station and the private lift station will discharge the wastewater to the City's collection system. The proposed gravity collection system and the lift station will be located on private property. The private force main will be on Bark Street and North Clarkwood Road Right of Way. The force main will be operated and maintained privately. ALTERNATIVES: Deny the request of a Use Privilege Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. Ordinance 026217, Section 3. Section. 49-61. Fees for use of public ways by unauthorized pipelines. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. FINANCIAL IMPACT: ❑ Operating 0 Revenue ❑ Capital ❑ Not Applicable ❑Other Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future TOTALS (CIP only) Years Line Item Budget Encumbered / Expended Amount This item $1,989.00 $1,989.00 BALANCE i r $1,989.-00–r— $1,989.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of$1,989.00. b. The Permittee' use of the private wastewater sewer main is strictly limited to serving the Permittee' facilities on Gilliam Street. Permittee may not provide wastewater service through the wastewater sewer main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance with Exhibits Presentation Form 1295 Ordinance authorizing City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US Inc. ("Permittee") to install a private wastewater collection system and conveyance system force main. Subject to the Permittee' compliance with specified conditions. WHEREAS, Flowserve Corp. / Flowserve US, Inc. ("Permittee"), desires to install, operate, maintain, and remove a private wastewater collection system and conveyance system force main ("Wastewater Line") located at the intersection of Bark Street and Gilliam Street; WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires to execute, a one-year term Use Privilege Agreement ("Agreement"). At the end of the initial term, this Agreement renews automatically, in order to accomplish the purpose and use intended by the Permittee within the public right-of-way; 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 Agreement for the benefit of the City and the Permittee, subject to the Permittee' compliance with the specified provisions of the Use Privilege Agreement. 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 one-year term Use Privilege Agreement ("Agreement"). At the end of the initial term, this Agreement with Flowserve Corp. / Flowserve US Inc. ("Permittee") renews automatically, to allow the Permittee to install, operate, maintain, and remove a private wastewater sanitary sewer main ("Wastewater Line") located at the intersection of Bark Street and Gilliam Street, such Agreement at all times subject to the Permittee' compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittees' compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of $1,989.00. b. The Permittee' use of the wastewater sanitary sewer main is strictly limited to serving the Permittee's Flowserve Corp. / Flowserve US Inc. facilities. Permittee may not provide wastewater service through the wastewater sanitary sewer main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the eight-inch wastewater sanitary sewer main to any facility whether owned by the Permittee or by another person or entity. C. All costs incurred to install, operate, maintain, repair, and remove the wastewater Page 1 of 2 sewer main are the sole responsibility of the Permittee. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20177 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 , 20177 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 2 of 2 USE PRIVILEGE AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Use Privilege Agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, and Flowserve Corp. / Flowserve US, Inc. ("Permittee"), a Delaware corporation and property owner of 299 Gilliam Street, Corpus Christi, Texas, whose business address is 5215 N. O'Connor Boulevard, Suite 2300, Irving Texas, 75039. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a one-time payment of One thousand nine hundred eighty nine dollars ($1,989.00) paid by Permittee, the receipt of which for the initial year is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Permittee, for the term and upon the conditions stated in this Agreement, a use privilege for the right to install, operate, maintain, repair, and remove a wastewater force main line. The force main will be installed under the box culverts on North Clarkwood Road. A gate valve and air release valve will be installed at each end of the horizontal directional drilling segment. The lift station will be 6-foot diameter. The total depth of which will be approximately 11 feet. The lift station will be located at the northwest corner of Gilliam and Bark Street in front of Flowserve's fabrication shop. The gravity sewer consists of four (4) 4-inch building sewers, cleanouts and commercial sewer tap, one for each of the existing onsite buildings. These sewers will be connected to the existing cleanouts and will convey the wastewater from each building to the 6-inch sewer located on Flowserve's property adjacent to Gilliam Drive. The 6-inch sewer is placed at the minimum grade to convey the wastewater to the new lift station as shown in Exhibits "A" (Metes and Bounds Field Notes) and "B" (Metes and Bounds Sketch) and "C" (Location Map). Exhibits "A", "B" and "C" are attached to this Agreement and incorporated into this Agreement by reference as if fully set out herein in their entirety. The area in which the use privilege is granted for the location of the Permittee's Wastewater Line is referred to in this Agreement as the "Use Privilege Area." TO HAVE AND TO HOLD the same use privilege granted unto Permittee, its successors, and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described Use Privilege Area to install, operate, maintain, repair, or remove Permittee's Wastewater Line, and being further understood that the use privilege granted by this Agreement is subject to the Permittee's compliance at all times with the following conditions, the City and Permittee agree as follows: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Permittee not less than 30 days notice in writing by the City's City Manager or designee. In the event of a revocation by the City Manager or designee, or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Permittee. B. This Agreement is for a term of one (1) year from the date executed by the City. At the end of the initial term, this Agreement renews automatically unless the Permittee or the City provides written notice of intent not to renew to the non-terminating party at least 60 days before the end of any annual term. C. This Agreement may not be assigned by Permittee without the City Manager's or designee's prior written consent. D. The Permittee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the Use Privilege Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit "D," the substantive content of Exhibit "D" being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Permittee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's or designee's written request, Permittee shall provide copies of all requested insurance policies to the City's City Attorney. E. Should construction be deemed necessary by Permittee in the Use Privilege Area, construction plans and specifications for all proposed work shall be submitted in advance by the Permittee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Permittee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. F. Prior to the start of any approved construction, Permittee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "D." Additionally, Permittee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Permittee has provided indemnification to the City pursuant to this Agreement. G. Permittee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Use Privilege Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Permittee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800- 669-8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Permittee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verify its depth or location. I. Any construction process and use of the Use Privilege Area by Permittee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Permittee shall pay for removing or relocating the private wastewater line in the Use Privilege Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Permittee shall repair the Use Privilege Area to its original condition or cease to use the Use Privilege Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context- 1. ontext:1. At least 48 hours prior to commencing any approved construction, the Permittee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Permittee require a trench, pit, or similar excavation be dug during approved construction, the Permittee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager or designee, damage occurs to any gas, water, storm water, or wastewater line, Permittee shall allow the City immediate access to the Use Privilege Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager or designee. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Permittee within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Permittee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three-hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Use Privilege Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Permittee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. The parties acknowledge that the Wastewater Line is not owned by the City. At any and all times Permittee shall be solely responsible for the repair and maintenance of the Wastewater Line and Use Privilege Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the Wastewater Line or Use Privilege Area, regardless of the type of damage, Permittee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. O. Permittee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Wastewater Line and Use Privilege Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Permittee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Permittee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Permittee according to current City standards and specifications and as required by a City inspector. R. Use of the Wastewater Line authorized by this Agreement is strictly limited to providing service to the Flowserve Corp. / Flowserve US, Inc., facilities located at 299 Gilliam Street, Corpus Christi, Texas, in the Use Privilege Area. Permittee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater Line, or at any facilities within the City other than the building facilities specifically included in this Agreement without first obtaining a franchise or other required approval from the City. The Permittee' use of the wastewater sanitary sewer main is strictly limited to serving the Permittee's Flowserve Corp. / Flowserve US, Inc. facilities. Permittee may not provide wastewater service through the wastewater sanitary sewer main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the wastewater sanitary sewer main to any facility whether owned by the Permittee or by another person or entity. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Permittee. S. INDEMNIFICATION. Intentionally left blank. T. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Permittee: Flowserve Corp. / Flowserve US, Inc. 5215 North O'Connor Blvd. Suite 2300 Irving, TX 75039 If to the City: City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Permittee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "E." Completed versions of Exhibit "E" by the Permittee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. X. This instrument, including exhibits, constitutes the entire agreement between the City and the Permittee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Permittee and approved as required by City law. Y. Any payments due by the Permittee pursuant to this Agreement will be made from current revenue available to the Permittee. EXECUTED IN DUPLICATE this day of 20 Flowserve Corp. / Flowserve US Inc. a Delaware corporation Name (print and sign) and Title Date ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20177 by , (Title) , Flowserve Corp. / Flowserve US. Inc., on behalf of corporation. Notary Public's Signature ATTEST: CITY OF CORPUS CHRISTI By: City Secretary William J. Green, P.E. Interim Director, Development Services Department Approved as to legal form: 2017 Buck Brice Assistant City Attorney For the City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20177 by William J. Green, P.E., as Interim Director, Development Services Department, of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public's Signature L URBAN ENGINEERING Job No, 43057.B60(2 DATE: October 2 7,2016 REVISI"'ID: March 20,, 2017 Exhibit A 0.1,83 Acre Private Sanitary Sewer Easement STATE CSL TEXAS COUNTY OF NUECES Fieldnottes, for a 0.183 Acre Easement, over and across Bark Street, a 60 Foot Wide public roadway, Wings) Street, a 60, Foot Wide public roadway, North Clarkwood Road (formerly known as Southern Minerals Road), a 60 Foot Wide public roadway, and a 31 Foot Wide Railroad Easement, all as shown on the Plat of Clarkwood "fract Subdivision,a reap of which is recorded in Volurne 19, Pages 96-97,of the Map Records of Nucces County, Texas;the said (1,183 Acre Easement being more fully described as follows. Beginning, at a Drill Hole Found, on the North line of the said Bark Street and this Easement, the East line of a 31 Foot Wide Railroad Easement, being the Southwest comer of Lot 10, Block 3, of the said Clarkwood 'Fract Subdivision, from Whence, a 518 Iron Rod Found, for the Northwest corner of Lot 9, of the said Block 3, bears North O'004512211 West,460.00; Thence, North 89'14'38" East, with the South line of the said Lot 10�, and the said North Right-of-Way, 15.00 Feet, to the East comer of this Easement, from Whence, a 5/8 Inch Iron Rod Found, for a Southeast corner and Point of Curvature of the said Lot 10, bears North 89'14'38" East, 212,81 Feet; Thence, over and across the said Bark Street, the said Wino Street, the said North Clarkwood Road, with the boundary of this Tract as follows. • South 44'14'3,8" West, 14.14 Feet; • South 89'14'3,8" West, 263.81 Feet, to the beginning of a circular curve to the Right, having an arc length of 44.04 Feet, a radius of 40.00 Feet, and a chord which bears North 59'1,2'55" West, 41.85 Feet; • With the said circular Curve to the Right,44.04 Feet; • South 89'14'38" West,6 1.79 Feet; • South 49'50'54" West, 3.28 Feet; • South 00'45'22" East, 364.59 Feet; • South 50'15'38" West, 10'.50 Feet; • South 89'1438" West, 41.85 Feet, to the West Right-of-Way of the said North Clarkwood Road, being the Northeast comer of Lot 1, Block 2, Isensee SUbdivsion Unit 2, a map of which is recorded in Volume 5,2, Page 14, of the said Map Records, the Southeast corner of a Utility Easement described in Document Number 884704, oft re Official Public Records of Nueces County, 'Texas, for the Southwest corner of this "Fract; S-,\Surveyingt4.3057\B60�2'koFl-'I(.'E\ME'T'ES AND B(0)(,JNI.)S/FN.143057B602.docN, Page I of I. (361)854-3101 2725 SWANITNER DSR. .CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 TBPE, Firm# 145 *TBPLS Firm# 10032400 Thence, North 00'45'22" West, with the West Right-of-Way of the said North Clarkwood Road and the East line of the said Utility Easement, I 0.0O Feet, to the Northeast comer of the said Utility Easement, for a corner of this Tract; Thence, over and across the said North Clarkwood Road and Wingo Street, with the boundary of this Tract as follows: 0 North 89'14'38" East, 38,31 Feet; 0 North 501,15138" East,2.19 Feet; 0 North 00045'22" West, 364.55 Feet; 0 North 49'50'54" East, 11.59 Feet; 0 North 89'14'38" East, 72.15 Feet, to the Southwest line, of the said Block 3, and the beginning of a circular curve to the Left, having an arc length of 38.91 Feet, a radius of 30.00 Feet, and a chord which bears South 53'3549" East,36.24 Feet; Thence, with the said circular Curve to the t,eft and the said Lot 1, 38.91 Feet, to a Southwest comer of the said Lot 1; Thence, North 89'14'38" East, with the South line of the said Lot 1, 258.81 Feet, to the Point of Beginning, colitaini jig 0.183 Acres (7,956 Sq Ft)of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010,00. Unless this fieldnotes description, including preamble, sea] and signaturc, appears in its entirety, in its original form, surveyor assumes no, responsibility for its accuracy. Also rqft-,rence accoinIninying s 'etch qj'traci described herein. OF Tf U AN ENGIN I G NS T fj?j;.: 31k1E S 111 6458 James D. Carr, R.P.L.S. License No. 6458 813 S:',,.Stirveying%43057%,fl(A)2\OFI-'I( I,�\M,[,."I'L:S AND B(71INDSM-N-4305713602,docx Page 2 oft 1361)854-3101 2725 SWANTNER DR. 9 CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 WWWAyba er' ' 'corn 1-'----.'--.--.--.......... 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Ln w UJ(n �Z CL w LL.0 00 0?3 Memorandum of Insurance DATE MEMORANDUM OF INSURANCE 20-Dec- 2016 0® eco2016 This Memorandum is Issued as a matter of Information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum.This Memorandum does not amend,extend or alter the coverage described below.This Memorandum may only be copied,printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use.Any Other use,duplication or distribution of this Memorandum orandum without the consent of Marsh Is prohibited. "Authorized viewer"shall mean an entity or person which Is authorized by the insured named herein to access this Memorandum via https://onilne.marsh.com/marshconnectpublic/marsh2/pubtic/moi?client=3535876.The Information contained herein is as of the date referred to above, Marsh shall be under no obligation to update such information. PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA Inc® e®A'ravelers Ilydern ity C)f ®iarlecticut ("Marsh") INSURED (®.®Travelers Property&Casualty Co.of America FLOWSERVE CORPORATION!FLOWSERVE US .c The Travelers Indemnity op y I 5215 N O'Connor Blvd. CO.® Suite 2300,Irving Ca E Texas 75039 United States P COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,T CCN® CN F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHIS MEMORANDUM MAY BE ISSUED MANY PERTAIN,,THE INSURANCE AFFORDED BY THE PO CIES DESCRIBED HEREINIS SUBJECr TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMrTS SHOWN MAY HAVE BEEN REDUCED Y PAID CLAIMS POLICY POLICY COPE OF POLICY EFFECTIVE LI LTR INSURANCE NUMBER LINUTS,IN USD UNLESS OTHERWISE INDICATED TE DATE W GENERAL HC2E GLSA 01-JAN-2017 01-JAN-2010 GENERAL AGGREGATE 4,000,000 LIABILMY 935313949 PRODUCTS-COMP/OP USD 4,000,000 AGO PERSONAL A ADV USD 2,000,000 INJURY EACHOCCURRENrE USD 2, 0,000 FIRE DAMAGE(ANY USD 1,000,000 ONE M ) MED EXP(ANY ONE USD 10,000 PERSON) B AUTOMOBILE TC 01-JAN-2017 01-JAN-2018 coNeri •osiN S 2,00 ,000 L,IAIL 164T5661-TIL- LIMIT 17 BODILY) Y(PE PERSON) ontLY INJURY(PER ACCIDENT) PROPERTY DAMAGE EXCESS LIARILrrY EACHOCCURENCE AGGREGATE GARAGE AUTO OY(PER. LIABILMY ACCIDENT) tERTItANA OONLY EACH ACCIDENT AGGREGATE B WORKERS TC23UB- 01-JAN-2017 01-JAN-2018 C CONtPENSATION1 224T101-3-17 01-JAN-2017 01-JAN-2018 WORKERS COMP Statutory EMPLOYERS TI KUB- LIABILITY 197T711-A-17 LIMITS EL EACH ACCIDENT USD 2,000,000 THE EL DISEASE-POLICY USD 2,000,000 PROPRIETOR LIMIT PARTNERS/ EL DISEASE.EACH USD 2,000,000 EXECUTIVE OFFICERS ARE EMPLOYEE Included B EXCESS XJ-U0® 01-JAN-2017 01-JAN-2018 .................. WORKERS 256T 07-3-17 EL DISEASE-EACH USD$500,000. COMP/ (OH) EMPLOYEE-EL EACH USD$500,000 EMPLOYERS ACCIDENT LIABILITY USD 5540,40 The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications here to are not authorized. MEMORANDUM OF INSURANCE DATE I 20-Dec-2016 This Memorandum Is Issued as a matter of Information only to authorized viewers for their Internal use only and confers no rights upon any viewer of this Memorandum. This Memorandum does not amend, extend or alter the coverage described below.This Memorandum may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for Its internal use. Any other use, duplication or distribution ofthis Memorandum without the consent of Marsh Is prohibited. "Authorized viewer" shall can an entity or person which is authorized by the Insured named herein to access this Memorandum via https://online.marsh.com/mar-shconnectpublic/marsh2/pubilc/moi?cllent=3535878. The Information contained herein Is as of the date referred to above, Marsh shall be under no obligation to update such Information. PRODUCER INSURED Marsh USA Inc. FLOWSERVE CORPORATION I FLOWSERVE US INC. ("Marsh") 5215 N O'Connor Blvd. Suite 2300,Irving Texas 75039 United States ADDITIONAL INFORMATION THE FOLLOWING APPLIES TOTHE COMMERCIAL GENERAL LIABILITY POLICY#I-IC2E GLSA 9353B949. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-COMPLETED OPERATIONS WHO IS AN INSURED(SECTION 11)ISAMENDED TO INCLUDE AS AN ADDITIONAL INSURED TI-IE PE SONS)OR ORGAN IZATION(S),AS REQUIRED BY WRITTEN CONTRACT,BUT ONLY WITI-1 RESPECT TO LIABILITY FOR"BODILY fNJURY"OR"PROPERTY DAMAGE"CAUSED,IN 9411 LE OR IN PART,BY"YOUR WORK`ATT E LOCATION DESIGNATED AND DESCRIBED IN TTIE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR TI-IA,r ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". ADDITIONAL INSURED STATUS UNDER THE AUTOMOBILE LIABILITY POLICY#'S TC2J-CAP- 164T566-I-TIL-IT WHO ISA INSURED ISA ENDED TO INCLUDE ANY PERSON ORO GANIZA` ON WI-10 IS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND THAT PERSON OR ORGANIZATION,THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE-"BODILY INJURY"OR "PROPERTY DAMAGE"OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD,TO BE NAMED AS AN ADDITIONAL INSURED IS AN"INSURED"FOR LIABILITY COVERAGE,BUT ONLY FOR DAMAGES TO WHICH THIS INSURANCE APPLIES AND ONLY TO THE EXTENT THAT PERSON OR ORGANIZATION QUALIFIES AS AN"INSURED"UNDER THE WHO IS AN INSURED PROVISION CONTAINED IN SECTION 11. WAIVER OF SUBROGATION UNDER THE GENERAL LIABILITY POLICY#I-IC2E GLSA 935313949. THE INSURANCE COMPANY(WE)WAIVE ANY EUG Or RECOVERY WE MAY HAVE AGAINST ANY PERSON OR ORGANIZATION BECAUSE OF PAYMENTS WE MAKE FOR INJURY OP.DAMAGE ARISING OUT OF YOUR ONGOING OPERATIONS OR" U ORK"DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION AND INCLUDED IN THE"PRODUCTS-COMPLETED OPERATIONS HAZARD". WAIVER OF SUBROGATION UNDERT E AUTOMOBILE POLICY TC21-CAP-164T5661-TIL-1 7 THE INSURANCE COMPANY(WE)WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED OF YOU BY A WRITTEN CONTRACT EXECUTED PRIOR TO ANY"ACCIDENT",PROVIDED THAT THE"ACCIDENT"ARISES OUT OF OPERATIONS CONTEMPLATED BY SUCH CONTRACT.THE WAIVER APPLIES ONLY TO THE PERSON OR ORGANIZATION DESIGNATED IN SUCH CONTRACT. WAIVER OF SUBROGATION UNDER THE S'COMPENSATION POLICYO'S TPKUB-197T71 I- A-17(AZ,MA&WI),TC2JUB-224TWI-3-17(AOS)&TWXJ-UB-256TO07-3-17(01-1). THE INSURANCE COMPANY(WE)HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY.WE WILL NOT ENFORCE OUR RIGHT AGAINST ANY PERSON OR ORGANIZATION FOR wnicnTHE INSURE-D"AS AGREED By WRJITEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER.(THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT RE-QUIRES YOU TO OBTAIN THIS AGREEMENT FROM US,) THIS AGREEMENT SHALL NOT OPERATE DIRECTLY OR INDIRECTLY TO BENEFIT ANY ONE NOT DESIGNATED IN SUCH A WRITTEN CONTRACT. The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized. O � a-J O N LM � L L � V V O � > U � U � O — o > V a > a� 0 y ��` ��a�ui uaau�n©� � ��uoi�►�u��� / Y 1' I � nij� i r e JJ rW r ' t1� C1. u I *mz " 0k,% ,may rN / / 9 %Y 17y/ 1r7,'�'"°'w l P07 �1P�/�"➢ll///'� j �., 4- j i /f 1 1q I CL 4 it > C 4-J _ 4-J C >- � � Q 4-J > C: a) _0 O .C: C: E .°' C 4-j �-+ 4-j c: E .� O a� O Q C 4-j aJ +� O O Q o O C: U L O — O o ago o m o o U U tv0 E .� 4-j 4-j Ln � U O U a) ,� .C: +-+ O U � a--' j U ` U u O W W O � L W � V a o E E - o O .>- ry _0 — 4- 0 O Cn E > }, E o O ;�W a Q CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos.I-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING i 1 Name of business entity filing form,and the city,stateiand country of the business entity's place Certificate Number: of business. 2017-219162 Flowserve Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/06/2017 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 17UP1000 Street use license for Flowserve Corporation 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I intermediary 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT I swear,or affirm,under enalty of W pper' ry,that the above disclosure is true and correct. 01kWAI 00 ......... Signa ofauthorized agent of contracting business entity re ,� AFFIX NOrtY W' A18 E E Sworn to and subscrib Pore me,by the said this the day of LA h—el 20 A I to certify which,witness my hand and seal of office. ear" ox�--h C-, o,C Signature of ofti—c-er-admMnisterjng 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 se �' as 0 E AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of October 17, 2017 "CORPOR ED Second Reading Ordinance for the City Council Meeting of October 24, 2017 1852 DATE: September 27, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3276 Approval of agreement and appropriating funds for MPM Development, LP, for the construction of a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, LP. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $109,354.20 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: MPM Development, L.P., is required to install 1187 linear feet of 12-inch waterline extension in order to provide adequate water to a proposed residential subdivision development. The subdivision is located south of Yorktown Boulevard and east of Cimarron Boulevard. BACKGROUND AND FINDINGS: Per UDC Section 8.5.1.C.1.B Arterial Transmission and Grid Main Extension and Reimbursement of the Unified Development Code ("UDC"), MPM Development L.P., is requesting a Reimbursement Agreement for the development of 12.116 acre tract of land, a portion of Lots 20, 21 and 22, Section 22, Flour Bluff and Encinal Farm and Garden Tracts as shown on the final plat. The subdivision is located south of Yorktown Boulevard and east of Cimarron Boulevard. The development requires the extension of 1187 linear feet of 12-inch waterline in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12-inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12-inch waterline. If the actual costs for installation of such waterline and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund for that portion of the waterline installed by the developer. In this case, the total construction cost of the 12-inch waterline is $118,068.48 minus the lot/acreage fee of $8,714.28 which equals $109,354.20. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $2,425,342.79 Encumbered / Expended $1,152,590.84 Amount This item $109,354.20 BALANCE $1,163.397.75 Fund(s): Water Arterial Transmission and Grid Main Trust Fund 4030-21805-777-540450 Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance and exhibits Power Point Presentation Form 1295 ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH MPM DEVELOPMENT, LP. ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $109,354.20 FROM THE NO. 4030 WATER ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. 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 water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with MPM Development, LP. ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Royal Creek Estates Unit 7 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $109,354.20 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20177 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 , 20177 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 WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and MPM Development, LP, ("Developer "), 426 S. Staples, Corpus Christi, Texas 78401. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Royal Creek Estates Unit 7 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Royal Creek Estates Unit 7, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12-inch waterline from the existing 12-inch located on the south side of Oso Parkway for a distance of 1187 linear feet in order to connect to water grid main along Oso Parkway) and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12-inch waterline on Oso Parkway for a distance of 1187 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Royal Creek Estates Unit 7, Developer will construct the 12-inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12-inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 1187 linear feet of 12-inch PVC waterline pipe. 2. Install five (5) tees 12 inch 3. Install two (2) 12-inch caps tapped for 2-inch 4. Install four (4) 12-inch gate valves with box 5. Install 14 linear feet of 6-inch PVC waterline pipe 6. Install three (3) fire hydrant assembly 7. Install three (3) 6-inch gate valves with box 8. Install two (2) 6-inch 90 degree elbows 9. Install six (6) 6-inch dia. X 30-inch long PVC pipe nipple b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. C. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12-inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12-inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the UDC for the area of the improvements for the construction of the 12-inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12-inch waterline improvements will be Page 2 of 10 credited to Developer provided that an application for credit, including cost- supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12-inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12-inch waterline, under the approved plans and specifications, by October 24, 2018. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before October 24, 2018. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non- defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. Page 3 of 10 b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may- 1. ay:1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the Page 4 of 10 other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address- 1. ddress:1. If to the Developer: 2. If to the City: MPM Development, L.P. City of Corpus Christi ATTN: Mossa Moses Mostaghasi 1201 Leopard Street (78401) 426 S. Staples P.O. Box 9277 Corpus Christi, Texas 78401 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD-PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12-inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Page 5 of 10 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12-inch waterline improvements, not to exceed $109,354.20. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30-days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. C. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, 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, 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, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO Page 6 of 10 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. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (1) ATTORNEYS, (11) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (1) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (11) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Royal Creek Estates Unit 7, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Page 7 of 10 Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this day of , 2017. SIGNATURES FOUND ON PAGES 9 and 10. Page 8 of 10 Developer MPM Development, L.P. ATTN: Mossa Moses Mostaghasi 426 S. Staples Corpus Christi, Texas By: Mossa Moses Mostaghasi General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., Limited Partnership,and acknowledged before me on the day of , 2017. Notary Public, State of Texas Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta William J. Green, P.E. City Secretary Development Services Interim Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2017. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2017. Notary Public, State Of Texas APPROVED AS TO FORM: This day of 2017. Assistant City Attorney For the City Attorney Page 10 of 10 l�u� TES, LLJ �I N� 7 — _ NI j -- ��f HJj�w ( "I of ,y"p 00 i. v�I I riI 9U I 41 f u .. qw A 43'U. I:� p..._�_. I _. - p) LdLl r/ z8.9.� V) I , "` LJ I ; x I I .3E/1'3� I { ,n m L I Nr I I t" r Jana s up-71 k I ) a Ell AI i-31 rK -{ g r� q as w k � Ct t v o � n� tJ� I I, (nTO 1 > inlan "osT L 1 1Y i° 1 YYY ! C.ti UtT \ S, n,ri"oic s J r. r '. y�.. I WH CJ f. 6 4 _ n,. i iNi213 ❑p bfll d Sn.f�NI tld t 1.t'f 1itlNl H.,R -` IT � U 17 j msu � UJ cI I io C 8Z aU ..-.. ... ) (U 1 ;+ 4 - 1C1 •-" �> \ �P �� U NMNN \D. \ 1100, GO 777 Vill C-3 U } nN If 41 1 3 II' ` s� ((rl TF1}f (?t1AU m (J.F117J r.ci r96s � )u gd: m X f1 �A F@) ( c1f1f9:f 1VJ7<� ,e9 n,; �" '_ as uv no+'_< Q(') ��� yi, ffi 17, 9.i. U01319Y U-Nor+) 1, )I'JGiIN3NS-I All IS 0201T ` f3 IN UICM-NON)N—i c \ G N� U' 'II'NYIMVN[J)MOI, (NI�'INEI 4M)MON-19VNIVNCI ,99 J]'JNItIUIJ A, �`� a ,U it's�z 6S 11:11 ri a `"57 d Ec8 n 3,111 AtlW4Nf1L1Q 1Cf91 0 0T T:C; 110 �cvuEc'PJ u ' �n / � r r 21 F w I r l La Ell I wco S DV En y�y ry✓�, ( � e � u J , tiI LU uc5 CL CY i; IS � s 1 x SLo x g v , s MY A n, C, o � � 1 m m w w �' E Tun (x< `( V ,1k4 r 1'.7. �,� �P<, �>r 5 .. "� r( WAI ATT- - Ban. i Mi TOM �E W rC, a a-t LJ i _ PACE (. v sr r n _ II r l Lf1 Ln (f6„h�W Y ,I eo,ori I" v d . HIS Tim ; 1 its g!12 i, r,a m p - on, Now! n MMill_ r., r I . APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Royal Creek Estates Unit 7 subdivision, hereby apply for $8,714.28 credit towards the water acreage fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $118,068.48 is the construction cost, including 11% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2017, by Mossa Mostaghasi, President of MPM Development, LP. Notary Public in and for the State of Texas APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Royal Creek Estates Unit 7 Subdivision, hereby request reimbursement of$109,354.20, as provided for by City Ordinance No. 17092. $109,354.20 is the construction cost, including 11% Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2017, by Mossa Mostaghasi, President of MPM Development, LP, on behalf of the said corporation. Notary Public in and for Nueces County, Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council. 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BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 361 882-5521 FAX 361 882-1265 Survey Registration No. 100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 ROYAL CREEK ESTATES UNIT 7 12"WATER GRID MAIN REIMBURSEMENT ESTIMATE 09/07/16 12"WATER GRID MAIN ITEMS REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 1187 LF 60.00 $71,220.00 2 12"TEE 5 EA 850.00 4,250.00 3 12"CAP TAPPED FOR 2" 2 EA 350.00 700.00 4 12"GATE VALVE WITH BOX 4 EA 3,200.00 12,800.00 5 6"PVC PIPE 14 LF 32.00 448.00 6 FIRE HYDRANT ASSEMBLY 3 EA 4,000.00 12,000.00 7 6"GATE VALVE WITH BOX 3 EA 950.00 2,850.00 8 6"90°ELBOW 2 EA 300.00 600.00 9 6"DIA X 30"PVC PIPE NIPPLE 6 EA 250.00 1,500.00 $106,368.00 SUBTOTAL $106,368.00 11%ENGINEERING,SURVEYING&TESTING $11,700.48 TOTAL CONSTRUCTION $118,068.48 LESS CITY WATER ACREAGE FEE -$8,714.28 TOTAL AMOUNT REIMBURSABLE $109,354.20 Page 1 of 1 =EEREECE REE EEREMEEEE L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. EEEE OE =EEREECE M=MEM =EEREECE COEEREEE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises —Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired &Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph H Of This Exhibit. EMPLOYER'S LIABILITY $500,000/ $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 E-- ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in 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 replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax 4 D. CoCtrEItor EEjreeCtEEtw1tCre7-eJtotCe moCere=fed =fir=CeEEr=Ce Co F7 PCCreto CoCt=Or be eCdorCed to CoCtE=tCe Colow=CreCClred CCOF77n C • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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. Exhibit 4 Page 2 of 3 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 agreement. 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 and completed operations and activities under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 ASSUMPTION WARRANTY DEED NOTICE OF CONFIDENTIALITY R143HTS: IF You ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS' YOUR SOCIAL SECURITY NUMBER OR YOUR DRiVER's LICENSE NUMBER. Date: August �5 2004 Grantor: MOSSA MOSTAGHAS] d/b/a MPM Homes Grantor's Mailing Address: 3546 Picadilly Corpus Christi, Nueces County, Texas 78414 Grantee: MPM DEVELOPMENT, L.P. Grantee's Mailing Address: 3546 Picadilly Corpus Christi, Nueces County, Texas 78414 Consideration. Ten Dolfars ($10.00) and other good and valuable consideration paid to Grantor by the Grantee, and the Grantee's assumption of the unpaid principal and interest on two notes: (i)one certain note in the original principal sum of$725,000,00 datedAprii 13, 2004,payable to the order of First National Bank which is secured by the prior and superior vendor's lien on Tract One (1), and by a first lien deed of trust (to said Tract One)of even date from Grantee to Michael V. McCarthy, Trustee; and(6)one certain note in the original principal sum of$1,045,000,00 dated April 13, 2004, payable to the order of First National Bank,which is secured by a prior and superior vendor's lien on Tract Two (2) of the Property and by a first lien deed of trust (to said Tract Two) of even date from Grantee to Michael V. McCarthy,Trustee. Grantee agrees to indemnify and hold Grantor harmless from the payment of the note and from the performance of the Grantor's obligations specified in the instrument securing payment of the note. Property, Being 108,037 acres of land, more or less, out of Lots Six(6), Seven (7), Ten (10), Eleven (11), Twelve(12), Thirteen (13), Twenty(20), Twenty-one(21), Twenty-two (22) and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes, and being more particularly described in two (2) tracts as follows, to wit: ASSUMP wd TRACT ONE (1): Description of an 87,534 acre tract of land, more or less, a portion of Lots Six (6), Seven (7), Ten (10), Eleven (11), Twelve (12), Twenty (20), Twenty-one (21), Twenty-two (22) and Twenty-three (23), Section Twenty-two(22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, and being a portion of a 183,86 acre tract of land described by deed recorded at Document No. 898387, Official Public Records of Nueces County, Texas, said 87,534 acre tract as further described by metes and bounds as shown on Exhibit"A" attached hereto and incorporated herein. TRACT TWO (2), Description of a 20.503 acre tract of land, more or iess, a portion of Lots Twelve (12), Thirteen (13), Twenty (20), and Twenty-one (21), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, and also being a portion of a 183.86 acre tract of land described by deed at Document No. 898387, Official Public Records of Nueces County, Texas, said 20.503 acre tract as further described by metes and bounds as shown on Exhibit "A" attached hereto and incorporated herein, Reservations from and Exceptions to Conveyance and Warranty: This Conveyance is made and accepted subject to all valid and existing easements, restrictions, rights-of-way, mineral reservations and leases, condktions, exceptions, reservations and covenants, of whatever nature of record with the County Clerk of Nueces County, Texas, affecting said property, and also to the zoning laws and other restrictions, regOations, ordinances, and statutes of municipal or other governmental authorities applicable to and enforceable against the property, and ad valorem taxes for the tax year 2004, which are hereby assumed by the Grantee. NoWthstanding disclosures required by law to be given by Saller(s) to Purchaser(s) prior to and/or contemporaneous with transfer of title or recordation of public notice of such transaction, Grantor(s) and Grantee(s) hereby acknowledge their mutual agreement, as negotiated, which is a factor in the price for the property hereinabove described, that with this Conveyance GRANTOR(S) SELLS AND CONVEYS SAID PROPERTY TO GRANTEE(s)AND GRANTEE(s)ACCEPTS SAID PROPERTY IN*'As IS" CONDITION, WHERE IS, AND WITH ALL FAULTS, EXCEPT FOR THE WARRANTY OF TITLE PROVIDED HEREIN,AND EXPRESSLY WITHOUT ANY WARRANTtES,REPRESENTATION$OR GUARANTIES,OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY OR THIS DEED FROM OR ON BEHALF OF THE GRANTOR, INCLUDING, WITHOUT LIMITATION (1) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (11) THE MANNER OR THE QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO THE IMPROVEMENTS,IF ANY,ON THE PROPERTY,AND (111) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE PROPERTY. GRANTEE AGREES THAT GRANTOR HAS NOT,DOES NOT AND WILL NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PROPERTY AND ITS COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDINANCES, ORDERS OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING OR DISPOWNG OF ANY SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL ASSUMP.- P.g. PROTECTION AGENCY REGULATIONS AT 40 O.F.R.PART 2261,OR HAZARDOUS SUBSTANCE,AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE GO MPENSATION AND LIABILITY ACT OF 1990,As AMENDED,AND REGULATIONS PROMULGATED THEREUNDER- FURTHER GRANTEE AGREES THAT GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERSAL OR WRITTEN STATEMENT, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON,UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO IN THIS DEED, and that Grantee{s} acknowledges sole reliance upon Grantee's own inspections and/or investigations, if any, of said property and upon Grantee's own due diligence in regard thereto, it being the intention of Grantor and Grantee to expressly negate and exclude all warranties including without limitation, the implied warranties of merchantability and fitness for any particular purpose and warranties created by an affirmation of fact or prc)MlSe or by any description of the property or by any sample or model or any other warranties whatsoever contained in or created by the Texas Uniform Commercial Code. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells,and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same of any part thereof, except as to the reservations from and exceptions to warranty_ When the context requires, singular nouns and pronouns include the plural. MOSSA MO AGHAST d/b/a MPM Homes THE S'T'ATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the�'� day of August, 2004, by Massa Mostaeghasi, d/b/a MPM /-tomes. s • • •- Joys Etts NotC;46—c State Of -as ,� �,Wotary PeablBe, !a�T> aesunar W� p%G.a .scrbw FiaC A3o,: 931 33Y066 ExHIBIT "Aar Being 1()8.(137 acres of hand, more or less, out and Lots Six(6), Severn (7),"Term (10),Elevens (11),Twelve(12),Thirteen (13),Twenty (20),Twenty-one(21),Twenty-two(22),and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFFAND ENCINAL FARM AND GARI3EN TRACTS, as shown by the map or plat thereof, recorded in.Volume A,Page's 41- 43,Maps Records of Nueces County,Texas,to which reference is here made for all pertinent purposes, and being more particularly described in two(2)tracts as follows,to-wit: TRACT ONE fil n Description of an 87.534 acre tract of land, more or less, a portion of Lots Six(6),Severs(7), Ten(10),Eleven(11),Twelve(12),Twenty (20),Twenty-sane(21), r wernty-twos(22) and Twenty-three(23),Section Twenty-two(22)„FLOUR BLUFF AND ENC"INAL FARM AND GARDEN TRAC"T"S, a map of which is recorded in Volume A, Pages 41 through 43,Map Records of Nueces County,Texas,and being a portion of a 193.86 acre tract of land described by deed recorded at Document No.898387,Official Public Records of Nueces County,Texas,said 87.534 acre tract as further~adeseribed by metes and bounds as follows: BEGINNING at a 518 inch [ran rod set in a southwest boundary lime of a 43.60 acre tract of land described in Document No. 1997010298,said Official Public Records,said beginning point for a north central corner of the tract herein described and said beginning point beans S 6€4 clog. 571 5011 E,466.00 ft. from a 518 inch Iron rod formai for the westersnmast corner of Uot 1, Siang 2,Cixrmmarou Ranch Unit 1,a map of which is recorded in Volume 58, Pages 100 and 101, said Map Records; THENCE, S 60 deg. 57' 50" E, along said southwest boundary line of a 43.60 acre tract, a distance of 634.17 ft. to a 518 inch iron rod set for interior central northeasterly corner of the tract herein described and southeast corner of said 43.60 acre tract; THENCE, N 29 deg. 02' 1.011 E,993.90 ft. along the southeast boundary line of said 43.60 acre tract to a 518 inch iron road set for a northeasterly corner of the tract herein described and interior easterly corner of said 43.+60 acre tract; THENCE, N 87 deg. 57' 21" E, along an easterly boundary line of said 43.60 acre tract,at 19.60 f- pass the southernmost or southwest right-of-way corner of Safety Steel Drive, a public road, and continuing along time south riigh"f-way Titre of said Safety Steel Drive,in all a distance of 270.57 ft. to a 518 inch iron rod found for the northernmost or northeast corner of the tract Herein described) and northwest corner of time northeasterly portion of a 75.757 acre City of Corpus Christi tract of land described by deed recorded In Volurne 2138, page 624,heed Records of Nueces County,Texas; THENCE, along a westerly boundary lune of the northeasterly portion of said City of Corpus Christi tract,S 01 dei;. 56' 35" E, 790.30 tie. to a 518 inch hoar rod set for the northeasterly corner of time herein described tract and westerly corner of said northeasterly portion of City of Corpus Christi tract; THENCE, S 31 deg. 001 54" W,421.22 ft. Wong a westerly boundary line of said northeasterly portion of City of Corpus Christi tract:,to a 518 inch iron rod set for interior easterly comer of the tract herein described, THENCE, continuing along a westerly houndary line of said northeasterly portion of City of Corpus Christi tract,S 01 deg. 18' 30" E, 848.61 ft. to a 4 inch iron rod found for the southeast corner of the tract herein described and interior central easterly corner of said City of Corpus Christi tract; THENCE, S 59 deg. 07118" W,along a northerly boundary line of the southwesterly portion of said City of Carpus Christi tract, a distance of 394.19 ft. to &5/9 inch iron rod set at the point of curvature of a circular curve to the right having a central angle of 55 deg. 00' 3911, a radios of 1924.511 ft. and a chord bearing S 86 deg. 29' 54" W,a distance of 1685.23 ft_; THENCE, along the are of said circular curve to the right,being along a northerly boundary line of said southwesterly portion of City of Corpus Christi tract,a distance of 1751.74 ft. to a 4 inch iron pipe found at the point of tangency; THENCE,N 66 deg. 001 24"W,along a northerly boundary line of said southwesterly portion of City of Corpus Christi tract, a distance of 803.30 f1:. to a 4 inch iron pipe found at the point of curvature of a circular curve to the lett having a central angle of Ifs deg.55' 54", a radius of 498.138 ft. and a chords bearing N 73 deg. 48' 36" W,a distance of 138.05 ft.; THENCE, along the arc of said circular curve to the left,being along said northerly boundary line of the southwesterly portion of said City of Corpus Christi tract,a distance of 138.50 ft.to a 5!8 Inch iron rod set for the westernmost cornet-of the tract herein described, easternmost comer of a 69.12 acre City of Corpus Christi tract of laud described by deed recorded in 'volume 2092,page 778, said Deed Records,said westernmost corner being in the southeast boundary tine of a 42 ft.wide drainage easement described by deed recorded in Volume 2035, page 665,said Deed Records,said westernmost corner of the tract herein described also being the westernmost corner of said 183.86 acre tract described in Document No. 898387; THENCE, along the northwest boundary line o4 said 183.86 acre tract, being along the southeast right-of-way line of said 42 ft.wide drainage easement and along the northwest boundary lines of said Lot 20, Section 22, N 29 deg. 02' 10" E,1111.10 ft.to a 518 inch iron rod set for the northwest corner or westernmost north corner of the tract herein described; THENCE,S 60 deg. 57' 50" E,448.00 ft- to a 5/8 Inch iron rod set for interior westerly corner of the tract herein described; THENCE, N 29 deg. 02' 10" E, 20-00 ft. to a 518 inch iron rod set for westerly corner of the tract herein described; THENCE,S 60 deg. 5'7' 50" E, 110.00 ft. to a 5/8 Inch iron rocs set for westerly corner of the tract herein described; THENCE, S 29 deg. 02' 10" W,310.13 ft. to as 5l8 inch iron rod set for interior westerly corner of the tract herein described; THENCE, S 66 deg. 00' 24" E, 312.15 ft. to a 518 inch iron rod set at the point of curvature of a circular curve to the left having a central angle of 12 deg.28' 44",a radius of 1074.50 ft. and a chord bearing S 72 deg. 13' 56" E, a distances of 233.56 ft.; THENCE, along the are of said circular curve to the left,a distance of 234.112 ft_to a 5/8 inch hors rod set for central interior corner of the tract herein described; THENCE, N 29 deg. 02' 10" Fs,362.06 ft. to a 5/8 inch iron rod set for central interior corner of the tract herein described; THENCE, N 60 deg. 57' 50" W,240,00 ft.to a 568 inch iron rod set for central corner of the tract herein described; THENCE, N 29 deg. 02' 10 E, I10.00 ft, to a 5/8 socia iron roof set for central Corner of the tract herein described-, THENCE, S 60 deg. 57' 50" E,43.77 ft. to a SM inch iron rod set for interior central corner of the tract herein described(; THENCE, N 29 deg. 02' 10" E,320.00 ft.to a 5/8 inch iron rod set for north central Interior corner of the tract herein described; THENCE, N 60 deg. 57' 50" '4'6', 35-52 ft.. to a 518 inch from rod set for north central comer of the tract herein described; THENCE, N 29 deg. 02' lo" E,360.00 ft. to the POINT OF BEGINNYNG. T 0(2)' Description of a 20.503 acre tract of land,more or less,a portion.of Lots Twelve(12)., Thirteen (13),Twenty (7.0) arca Twenty-one(21),Section Twenty-two(22), FLOUR I LVEF .ANIS ENCINAE FARM ANIS GARDEN TRACTS,a reap of which is recorded in Volume. A,Pages 41 through 43,Map Records, Nuaeeces County,Texas, and also being a portion of a 183.86 acre tract of land described by deed recorded at Document No, 898387,Official Public Records of Nucces County,Texas,said 20.503 acre tract as further-described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rood found for the westernmost corner of Leat 1,]Block 2, Cimmaron l2aYrch Unit I,a map of which is recorded in Volume 58,Pages 100 and 101,said Dain Records, said beginning point for the northernmost or aortia central corner of the tract herein described; THENCE, along the southwest boundary Bane of said Bleach 2,Cimmaron 1 ntch Uidt 1, and along a southwest boundary line of a 43.60 acre tract of land described In Document No. 1997010298, said.Official Public Records, S 60 dreg. 57' SO" E,466.01 ft. to a 518 Inch irons rod set for the easternmost or northeast corner oi'the tract herein descrtberl; THENCE, S 29 deg. 02' itl" W, 360.[!0 Ie.to a 5/8 inch iron rod set for centrad interior easterly corner of the tract herein described; T HEN CF,S 60 deg.57' 50" E, 35-52 ft. to a inch, iron rod set for central easterly corner of the tract herein described; TI-IENCE,S 29 deg.02' loll W, 320.00 ft.to a 518 inch iron rod set for easterly corner of the: tract herein described; THENCE,N 60 deg. 57' 50" W,.43.77 ft. to a 5f8 inch iron recd set for interior comer of the tract herein described; THENCE, 5 29 deg. 02' 10*1 W,110.00 ft. to a 518 inch iron rod set for southeasterly interior corner of the tract herein described; THENCE, S Cil deg. 57' 50" Es 240.00 ft. to as 518 inch iron rod set for southeasterly corner of the tract herein described; THENCE, S 29 deg. 02' 1011 i31, 362-06 ft. to a 518 Inch iron rod set for the southernmost corner of the tract herein described and being to the are of a circular curve to the right having a central angle of 12 deg. 28' 44", a radius of 1074.50 ft. and a chord bearing N 72 deg. 13' 56" Vey, a distance of 233-56 ft.; THENCE, along the are of said circular curve to the right a distance of 234.02 ft.to a 518 inch iron rod set at the point of tangencY; THENCE, N 66 deg. 00' 24" W,312.15' to a 518 inch iron rod set for southerly corner of the tract herein described; "THENCE,N 29 deg. Cit' 10" E,310.13' to a 518 Inch iron rod set for interior southerly corner of the tract herein described; -THENCE,N 60 deg. 57' 5011 W, I I Oi 00 ft. to a 518 Inch iron rod set for central interior southerly corner of the bract herein described; THENCE. S 29 deg. Ell' loll W,20.00 ft_ to a 518 inch iron rod set for southwesterly corner of the tract herein described; THENCE,N 60 deg..57' 50" W,448.00 ft. to a 518 Inch iron rod set for the western mast corner of the tract herein described in the northwest boundary Hue of said Lot 2E1,S"O on 22 and southeast boundary lisle of a 42 ft. wide drainage easement described by instrument recorded in Volume 2035,Page 655, heed Records of Nueces County,Texas; THENCE, along the northwest boundary line of said Lot 20,Section 22 and said Lot 13, Section 22 and northwest boundary Bane of said 183.86 acre tract N 29 deg.02' 1011 E, 685.00 ft. to a 5/8 inch Iron rod set for the northwest or northernmost western corner of the tract herein described and westernmost corner of a City Park as shown by said plat.of Cirnmaron Ranch Unit 1; THENCE, 5 60 deg. 57' 50" E,along the southwest boundary line of said City Park and southwest right•-*fwny line of Rock Crest Drive;, a distance of 400.24 ft. to a" inch iron rod set for central interior northerly earner of the tract herein described and southernmost right-of--way corner of said Rock Crest Drive; THENCE,N 29 deg.02' 10" E,90 00 ft., along the southeast right-of-way tine of said Rock Crest Drive to a 5/8 tach iron rod set at the point of curvature of a circular curve to the right hawing a central angle of 90 deg. 001 00",a radius of 10.00 ft. and a chard bearing of N 74 deg. 021 10" E,a distance of 14.14 ft..; THENCE,along the are of said circular curve to the right, being along ar southeast right-of- way ight of- wvafy line of said Rack Crest Drive, a distance of 15"71 ft.to a 5/8 inch Iron rod set for interior central northerly corner of the tract herein described and southeast corner of the right-of-way of said Rock Crest Drive; THENCE,N 29 deg. 02' 10" E, along a southeast tight-of-wary line of said Rock Crest Drive, a distance of 50.00 ft. to a 5/8 inch iron rod set for north central interior corner of the tract herein described and southeast right-of-way corner of said Rock Crest Drive and being in the are of a circular curve to the right having a central angle of 90 deg.00' 00", a radius of 10,00 fit. and a chord hearing N 15 deg. 57' 50" 'W, a distance of 14.14 ft., 'MENCE, along the are ofsaid circular curve to the right, being along an earsterty right-or- way ightor- way line of said Rock Cruet Drive,a distance of 1.:5.71 ft_to a 5/8 inch Iron rayl set at the poi>est of tangency; THENCE, continuing along a southeast right-of-way line of said Rock Crest Drive,N 29 deg. 02' 10" E,90.0 ft_to the POINT OF BEGINNING. AFTER RECORDING RETURN To: David L. Smith Doc# 21004844346 # Pages a 5354 S. Staples St., Suite 407 88126121 98t33M AM Corpus Christi, Texas 78411 Filed d Recorded in Off tial Records of DIANA T. BAR RA COUNTY CLEW Fees $27.0@ STATE OF TEXAS COUNTY OF NUECES i nereay carvy that this instrimnt was FILED'n File Nunibm Securznce can the date and at the€me stamped hweirt by rte,wW wm 3ury RECORDED.in tote OM6fl Public Retards of Nueoes County.Texas � �#sratr't�s+e1n*Nth-rNUEEM t�DltA[t1`IrtEItK A� GOUNY,T Is R1 i a f1 t 4be�*mn ex.►i G:F 89 An" and LM*ff6 b16 uncles f+u' 1, r r y' r April 26, 201. MPM Development, ILP is the owner r atIRoyar l Creek Estates ni't 7- 1 Moss (Moses) Mostaghasi authorize on belialfr d MPM Development, LP for the a evelopiment of yai'l Creek Estates Unit 7 I s',s a M-,"" —s t-al'-g",l-,i�a s i 3= C'D,r u ` 4' t'' a,,_x SAX: .?*1-00'0-7002 cit)arcormts Christi,Texas Department ol'DeveloproLno Sen,iccs PO Box 9277 City of Corpus Chnsti,Texas 79469-9277 (361)826-3240 COMUS Localcdal 2406LcopralSireci nommmw (Comer of Lcopard St and Port Ave MENINES' snow Christi %00%uww4ugw DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking t®do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM Development, LP PO Box 331308 Corpus Christi 78463 STREET. CITY: ZIP: FIRM is: Corporation E]Partnership El Sole Owner E]Association []Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership in teabove named"firm". Name Job Title and City Department(if known) NA NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more oft ownership in the above named"firm". Name Title NA NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownenship in the above named"firm". Name Board,Commission,or Committee NA NA 4. tete 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 "ownenship interest" constituting 3% or more of the ownership in tea v named"firm". Name Consultant NA NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withhold 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: .......•••• Moses osta hasi Title: General Partner (Print) Signature of Certifying Person: Date: 811/17 k ItIVVELOPMENTSVI75SHARM L A NO DEVELOPMEIMOP DINANCE ADMINIg"M THY11MI11111ACATION FORMS TOM%AS PER LEGAV-10 I 201SCLOSURL:OF INTERESTS ST"TEMENTI 27 1.1 DOC ifighwadlaw Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board,commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. 'Employee". Any person employed byte City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. 'Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation,are treated as non-profit organizations. d. 'Official*. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. a. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f, 'Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. MLAND AD.q':Ph�15'rRA'nONAllt,C.VC,k'nON PORMUDIUVE,AS PER LEG All\20 2MISCL,DSURE OF STATEAWNT�'.N 02 DOC Exhibit 5 I:::Iage 2 of 2 O � J O \ T ca N +-+ LM o U M LM LM E 0 W LM V O O LMLM •- Q � LM v m O V rA hG� N �I s, G.Y GY L nrI V _ Li wfJ,, i �U ' E = 00 > U E •`� •� _0 o '(A -0 v o •� .N 4-j aA N O - a, C v N o a — v o a� N u v V J m v� O (1) v M� a-+ U r-I c a) E > a O o °' o E E a) O �,� ca 4-J Q +-+ p 1y � E � ����• � �tl ����5v � dN. 41 ✓ 1� � M� �dp�� 1 1 YH vo I p ` mr � do r u UARt —V�IMV{ M'A t y V "ryy��VN���'ffi � ^ 0 r -Ai� 711,111 4—j �I _ s .� " 41 w (.:1•III f 4�-..,, d,.„.,;w 'f �� — � —'I��: ....... p tlA Jx �tlYm+ n N .' I @Y� �.. L,�p 7'•�1 �M vd*�f`.4 F �am aao I umm"',gPY'� rtl'�y`��U � f W - xm 4 �.' • 55 reu 3.n aaara a-+ N E N N i tin -d-j E a5 N V 4� Q N o .- 4-j Cl) E E o O Q U Q � Q 4-J CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos,1®4 and 6 if there are interested parties. OFFI USE ONLY Complete Nos.1,2,3,5,and 5 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-243844 MPM Development, LP Corpus Christi,TX United States to File d- 2 Name of governmental entity or statea ency that a a party to the contract for is the for is 08/0112017 being filed. City of Corpus Christi Development Services Date Acknowledged. 3 Provide the identification number used by the governmental entity ors teagency t®track or Identify the contract,and provide a description of the services®goods,or other property to be provided under the contract. Royal Creek Estates Unit 7 Water Reimbursement Agreement 4 Nature of interest Name of Interested Party City,State,Country(place of business) Ccack applicable) Controlling I Intermediary 5 check only If there is NO Interested Party. 6 AFFIDAVIT . . 0, I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct, 0 m „„µ ';, Signature of authorized agent of contracting business entity P 0 0, "Q 1A AFFIX N ,10WC W 01” sworn to and subscribed before me,by the said4- ffiisthe-day of,&&�, 20 to certify which,witness my hand and sea]of office. wxd Signature of officer administering oath Printed name of officer administering oath Tile of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,883 se �' as 0 E AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of October 17, 2017 "CORPOR ED Second Reading Ordinance for the City Council Meeting of October 24, 2017 1852 DATE: August 15, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3276 Resolution authorizing the City Manager or designee to execute a Developer Participation Agreement with MPM Development, LP., for Royal Creek Estates Unit 7, in the amount of$207,386.85, for the City's share of the cost to extend Oso Parkway (South of Yorktown Boulevard & East of Cimarron Boulevard) CAPTION: Resolution authorizing city manager or designee to execute a developer participation agreement ("Agreement") with MPM Development, LP., ("Developer"), for Royal Creek Estates Unit 7, to reimburse the Developer up to $207,386.85 for the City's share of the cost to extend Oso Parkway, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend Oso Parkway. Approval of the agreement will allow the developer to continue with the proposed single-family residential development known as Royal Creek Estates Unit 7. The subdivision is located South of Yorktown Boulevard (SH 357) and East of Cimarron Boulevard. BACKGROUND AND FINDINGS: The developer, MPM Development LP, is proposing to develop a 35-lot single-family residential subdivision known as Royal Creek Estates Unit 7. The tract of land is located South of Yorktown Boulevard and East of Cimarron Boulevard. Royal Creek Estates has a final plat that was approved by the Planning Commission in June 2016. Oso parkway is designated as a Parkway Collector Street with 80 feet street right-of-way and a thicker pavement section than minor residential collector street. Unified Development Code (UDC) Section 8.4.1.A allows City to participate in street construction cost when the street classification exceeds minor residential collector street. The participation agreement includes the construction cost for 4-foot wide sidewalk and the difference in pavement section (see attached exhibits). ALTERNATIVES: Disapproval of the Participation Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed roadway is consistent the Master Plan. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Project to Fiscal Year: 2017-2018 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $AMOUNT Encumbered / Expended $AMOUNT Amount This item j $207,386.85 BALANCE I $AMOUNT Fund(s): Street Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance with Exhibits Power Point Presentation Form 1295 RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, LP., FOR ROYAL CREEK ESTATES UNIT 7, IN THE AMOUNT OF $207,386.85 FOR THE CITY'S SHARE OF THE COST TO EXTEND OSO PARKWAY. (SOUTH OF YORKTOWN BOULEVARD & EAST OF CIMARRON BOULEVARD) WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. 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 a developer participation agreement ("Agreement"), attached hereto, with MPM Development, LP., ("Developer"), for the CITY's portion of the cost of Oso Parkway, including all related appurtenances, for development of Royal Creek Estates Unit 7 Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of 2017. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of Page 1 of 2 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 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, LP, ("Developer"), a Limited Partnership. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being a portion of Lots 20, 21 and 22, Section 22, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Royal Creek Estates Unit 7 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Oso Parkway approximately 1811 feet of roadway as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $207,386.85. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, 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 Page 2 of 7 CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF ROYAL CREEK ESTATES UNIT 7 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, 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. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. Page 3 of 7 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Page 4 of 7 N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi MPM Development, L.P. Attn: Director, Development Services Attn: Mossa Moses Mostaghasi 2406 Leopard Street/ 78401 426 S. Staples P.O. Box 9277/78469-9277 Corpus Christi, Texas 78401 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street/ 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be October 24, 2019. (EXECUTION PAGES FOLLOWS) Page 5 of 7 EXECUTED in one original this day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta William J. Green, P.E. City Secretary Development Services Interim Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2017. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2017. Notary Public, State of Texas APPROVED AS TO FORM: This day of 2017. Assistant City Attorney For the City Attorney Page 6 of 7 OWNER: MPM Development, L.P. Mossa Moses Mostaghasi Date General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2017, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., Limited Partnership, on behalf of said partnership. Notary Public's Signature Page 7 of 7 l�u� TES, LLJ �I N� 7 — _ NI j -- ��f HJj�w ( "I of ,y"p 00 i. v�I I riI 9U I 41 f u .. qw A 43'U. I:� p..._�_. I _. - p) LdLl r/ z8.9.� V) I , "` LJ I ; x I I .3E/1'3� I { ,n m L I Nr I I t" r Jana s up-71 k I ) a Ell AI i-31 rK -{ g r� q as w k � Ct t v o � n� tJ� I I, (nTO 1 > inlan "osT L 1 1Y i° 1 YYY ! C.ti UtT \ S, n,ri"oic s J r. r '. y�.. 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' I Ckb^��a€i• L � $�� U m � Gam`€ka G� E�4 Fu`M :� �^}. r"W, r Fa a.E a="'F '.•� $> g cn b� B° g3': eE 9° 45` wa Yz 2� a e sy a��.tl s- •-�.�� m "� de�4���g a m�Pm€y = �a o s"a era a=$ `5F. o z ��s6�E_Pa z bk s'Ym a 6�`z =m y•p ;s e Z MY �b O T § leg milm Mg �Fe � a'insa€ s ;- ` ON NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 361 882-5521 FAX 361 882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 ROYAL CREEK ESTATES UNIT 7 STREET PARTICIPATION REIMBURSEMENT ESTIMATE 07/19/17 OVERSIZE OSO PARKWAY(FOR CITY REIMBURSEMENT) QUANTITY UNIT UNIT PRICE AMOUNT 1 4"THICK CONCRETE WALK 6013 SF 4.501 $27,058.50 2 OVERTHICKNESS 2"HMAC TO 4"HMAC=2"HMAC 6279 SY 17.501 109,882.50 3 OVERTHICKNESS 8"CRUSHED LIMESTONE BASE TO 11"CRUSHED LIMESTONE BASE=3"CRUSHED LIMESTONE BASE 7676 SY 6.50 49,894.00 $186,835.00 SUBTOTAL $186,835.00 11%SURVEYING,ENGINEERING&TESTING $20,551.85 TOTAL AMOUNT REIMBURSABLE $207,386.85 Page 1 of 1 PARK Z$�� 6 P� � 13 G�Cd�,9 9 O � ��d x00 14 O� 15 1B 0 0 11 2 Jr 12 O 3 15 13 4 40 p 14 v�o 13 5 y`o 15 ap, RpW EXHIBIT SHOWING OSO PARKWAY IMPROVEMENTS 6 16 1"=150' } 44 BB 17 7 N O 18 8 w?r'�►1ta ' w 19 OF•TF?bt GNP�� + es;. ., �k e r NOW,M 10 15 1211 ''��A•'�'F�►lSTE� ���`+ .� 1ANAl y 11 07/18/17 12 00 �ZSO� 13 0 75' 150' 300' 42 O 00 14 BASS AND WELSH ENGINEERING SCALE: 1"= 150' CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, �O �$ FILE: EXB-STR, JOB NO. 14006 A� 15 SCALE: 1" = 150' PLOT SCALE: SAME, PLOT DATE: 07/18/17, SHEET 1 OF 1 60' STREET ROW 40' BB STREET 2" TYPE "D" HMAC ON PRIME COAT 0 0.15 GALLONS PER SQUARE YARD (NO SEPARATE PAY FOR PRIME COAT) 10' 20' 20' 1.0' TYP. 5" CROWN FROM CL STREET 2% LIP OF GUTTER 27 COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY (BOTH SIDES) AND (T SI CITY STD. CURB AND GUTTER UNDER WALKS (TYP.) (TYPICAL BOTH SIDES) 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH SIDES OF STREET AND COMPACTED 8" CRUSHED LIMESTONE BASE TO 2' BEHIND TO 95% STANDARD PROCTOR DENSITY WITHIN C & G TO MEET REQUIREMENTS OF CITY +/- TWO PERCENTAGE POINTS OF OPTIMUM STANDARD SPECIFICATION 025223 CRUSHED MOISTURE. LIME SHALL BE APPLIED AT THE LIMESTONE FLEXBLE BASE. COMPACT TO 95% RATE OF 34 LB/SY (TO BE VERIFIED THROUGH MODIFIED PROCTOR DENSITY AT A MOISTURE GEOTECHNICAL TESTING). 8" THICKNESS CONTENT +/- 2% OF OPTIMUM MOISTURE BENEATH C&G AND TO 2' BEHIND C&G TYPICAL STREET SECTION - 60' ROW NTS *�w... WELSH ��p. ♦ � 10 VI 0 'Ak BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX 07/19/17 SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT 60'ROW, JOB NO. 14006, SCALE: NONE, PLOT SCALE: 1'=60', PLOT DATE: 07/19/17, SHEET 1 OF 1 80' STREET ROW 14.5' 40' BB STREET 25.5' 4" TYPE "D" HMAC ON PRIME COAT CSD 0.15 GALLONS PER SQUARE YARD 8.5' UNLESS SHOWN 20' 20' OTHERWISE 1.0' 5" CROWN FROM „,-CL STREET 19 LIP OF GUTTER11% PROP, 4' PROP, 8' WIDE WIDE WID R/C WALK WALK COMPACT BACKFILL TO 95% 6” CITY STD. R/C CURB AND GUTTER STANDARD PROCTOR DENSITY (TYPICAL BOTH SIDES) (BOTH SIDES) AND UNDER WALKS (TYP.) 11" CRUSHED LIMESTONE BASE TO 2' BEHIND C & G TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 95% 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH MODIFIED PROCTOR DENSITY AT A MOISTURE SIDES OF STREET AND COMPACTED TO 95% STANDARD CONTENT +/- 2% OF OPTIMUM MOISTURE PROCTOR DENSITY WITHIN +/- TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE. LIME SHALL BE APPLIED AT THE RATE OF 34 LB/SY (TO BE VERIFIED THROUGH GEOTECHNICAL TESTING). 8" THICKNESS BENEATH C&G AND TO 2' BEHIND C&G TYPICAL STREET SECTION - OSO PKWY_ NTS � w" "NIXON M. « ........... ... AL BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, 07/19/17 TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT 0-PKWY, JOB NO. 14006, SCALE: NONE, PLOT SCALE: 1'=60', PLOT DATE: 07/19/17, SHEET 1 OF 1 =EEREECE REE EEREMEEEE L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. EEEE OE =EEREECE M=MEM =EEREECE COEEREEE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises —Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired &Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph H Of This Exhibit. EMPLOYER'S LIABILITY $500,000/ $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 E-- ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in 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 replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax 4 D. CoCtrEItor EEjreeCtEEtw1tCre7-eJtotCe moCere=fed =fir=CeEEr=Ce Co F7 PCCreto CoCt=Or be eCdorCed to CoCtE=tCe Colow=CreCClred CCOF77n C • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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. Exhibit 4 Page 2 of 3 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 agreement. 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 and completed operations and activities under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 ASSUMPTION WARRANTY DEED NOTICE OF CONFIDENTIALITY R143HTS: IF You ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS' YOUR SOCIAL SECURITY NUMBER OR YOUR DRiVER's LICENSE NUMBER. Date: August �5 2004 Grantor: MOSSA MOSTAGHAS] d/b/a MPM Homes Grantor's Mailing Address: 3546 Picadilly Corpus Christi, Nueces County, Texas 78414 Grantee: MPM DEVELOPMENT, L.P. Grantee's Mailing Address: 3546 Picadilly Corpus Christi, Nueces County, Texas 78414 Consideration. Ten Dolfars ($10.00) and other good and valuable consideration paid to Grantor by the Grantee, and the Grantee's assumption of the unpaid principal and interest on two notes: (i)one certain note in the original principal sum of$725,000,00 datedAprii 13, 2004,payable to the order of First National Bank which is secured by the prior and superior vendor's lien on Tract One (1), and by a first lien deed of trust (to said Tract One)of even date from Grantee to Michael V. McCarthy, Trustee; and(6)one certain note in the original principal sum of$1,045,000,00 dated April 13, 2004, payable to the order of First National Bank,which is secured by a prior and superior vendor's lien on Tract Two (2) of the Property and by a first lien deed of trust (to said Tract Two) of even date from Grantee to Michael V. McCarthy,Trustee. Grantee agrees to indemnify and hold Grantor harmless from the payment of the note and from the performance of the Grantor's obligations specified in the instrument securing payment of the note. Property, Being 108,037 acres of land, more or less, out of Lots Six(6), Seven (7), Ten (10), Eleven (11), Twelve(12), Thirteen (13), Twenty(20), Twenty-one(21), Twenty-two (22) and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes, and being more particularly described in two (2) tracts as follows, to wit: ASSUMP wd TRACT ONE (1): Description of an 87,534 acre tract of land, more or less, a portion of Lots Six (6), Seven (7), Ten (10), Eleven (11), Twelve (12), Twenty (20), Twenty-one (21), Twenty-two (22) and Twenty-three (23), Section Twenty-two(22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, and being a portion of a 183,86 acre tract of land described by deed recorded at Document No. 898387, Official Public Records of Nueces County, Texas, said 87,534 acre tract as further described by metes and bounds as shown on Exhibit"A" attached hereto and incorporated herein. TRACT TWO (2), Description of a 20.503 acre tract of land, more or iess, a portion of Lots Twelve (12), Thirteen (13), Twenty (20), and Twenty-one (21), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, and also being a portion of a 183.86 acre tract of land described by deed at Document No. 898387, Official Public Records of Nueces County, Texas, said 20.503 acre tract as further described by metes and bounds as shown on Exhibit "A" attached hereto and incorporated herein, Reservations from and Exceptions to Conveyance and Warranty: This Conveyance is made and accepted subject to all valid and existing easements, restrictions, rights-of-way, mineral reservations and leases, condktions, exceptions, reservations and covenants, of whatever nature of record with the County Clerk of Nueces County, Texas, affecting said property, and also to the zoning laws and other restrictions, regOations, ordinances, and statutes of municipal or other governmental authorities applicable to and enforceable against the property, and ad valorem taxes for the tax year 2004, which are hereby assumed by the Grantee. NoWthstanding disclosures required by law to be given by Saller(s) to Purchaser(s) prior to and/or contemporaneous with transfer of title or recordation of public notice of such transaction, Grantor(s) and Grantee(s) hereby acknowledge their mutual agreement, as negotiated, which is a factor in the price for the property hereinabove described, that with this Conveyance GRANTOR(S) SELLS AND CONVEYS SAID PROPERTY TO GRANTEE(s)AND GRANTEE(s)ACCEPTS SAID PROPERTY IN*'As IS" CONDITION, WHERE IS, AND WITH ALL FAULTS, EXCEPT FOR THE WARRANTY OF TITLE PROVIDED HEREIN,AND EXPRESSLY WITHOUT ANY WARRANTtES,REPRESENTATION$OR GUARANTIES,OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY OR THIS DEED FROM OR ON BEHALF OF THE GRANTOR, INCLUDING, WITHOUT LIMITATION (1) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (11) THE MANNER OR THE QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO THE IMPROVEMENTS,IF ANY,ON THE PROPERTY,AND (111) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE PROPERTY. GRANTEE AGREES THAT GRANTOR HAS NOT,DOES NOT AND WILL NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PROPERTY AND ITS COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDINANCES, ORDERS OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING OR DISPOWNG OF ANY SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL ASSUMP.- P.g. PROTECTION AGENCY REGULATIONS AT 40 O.F.R.PART 2261,OR HAZARDOUS SUBSTANCE,AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE GO MPENSATION AND LIABILITY ACT OF 1990,As AMENDED,AND REGULATIONS PROMULGATED THEREUNDER- FURTHER GRANTEE AGREES THAT GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERSAL OR WRITTEN STATEMENT, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON,UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO IN THIS DEED, and that Grantee{s} acknowledges sole reliance upon Grantee's own inspections and/or investigations, if any, of said property and upon Grantee's own due diligence in regard thereto, it being the intention of Grantor and Grantee to expressly negate and exclude all warranties including without limitation, the implied warranties of merchantability and fitness for any particular purpose and warranties created by an affirmation of fact or prc)MlSe or by any description of the property or by any sample or model or any other warranties whatsoever contained in or created by the Texas Uniform Commercial Code. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells,and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same of any part thereof, except as to the reservations from and exceptions to warranty_ When the context requires, singular nouns and pronouns include the plural. MOSSA MO AGHAST d/b/a MPM Homes THE S'T'ATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the�'� day of August, 2004, by Massa Mostaeghasi, d/b/a MPM /-tomes. s • • •- Joys Etts NotC;46—c State Of -as ,� �,Wotary PeablBe, !a�T> aesunar W� p%G.a .scrbw FiaC A3o,: 931 33Y066 ExHIBIT "Aar Being 1()8.(137 acres of hand, more or less, out and Lots Six(6), Severn (7),"Term (10),Elevens (11),Twelve(12),Thirteen (13),Twenty (20),Twenty-one(21),Twenty-two(22),and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFFAND ENCINAL FARM AND GARI3EN TRACTS, as shown by the map or plat thereof, recorded in.Volume A,Page's 41- 43,Maps Records of Nueces County,Texas,to which reference is here made for all pertinent purposes, and being more particularly described in two(2)tracts as follows,to-wit: TRACT ONE fil n Description of an 87.534 acre tract of land, more or less, a portion of Lots Six(6),Severs(7), Ten(10),Eleven(11),Twelve(12),Twenty (20),Twenty-sane(21), r wernty-twos(22) and Twenty-three(23),Section Twenty-two(22)„FLOUR BLUFF AND ENC"INAL FARM AND GARDEN TRAC"T"S, a map of which is recorded in Volume A, Pages 41 through 43,Map Records of Nueces County,Texas,and being a portion of a 193.86 acre tract of land described by deed recorded at Document No.898387,Official Public Records of Nueces County,Texas,said 87.534 acre tract as further~adeseribed by metes and bounds as follows: BEGINNING at a 518 inch [ran rod set in a southwest boundary lime of a 43.60 acre tract of land described in Document No. 1997010298,said Official Public Records,said beginning point for a north central corner of the tract herein described and said beginning point beans S 6€4 clog. 571 5011 E,466.00 ft. from a 518 inch Iron rod formai for the westersnmast corner of Uot 1, Siang 2,Cixrmmarou Ranch Unit 1,a map of which is recorded in Volume 58, Pages 100 and 101, said Map Records; THENCE, S 60 deg. 57' 50" E, along said southwest boundary line of a 43.60 acre tract, a distance of 634.17 ft. to a 518 inch iron rod set for interior central northeasterly corner of the tract herein described and southeast corner of said 43.60 acre tract; THENCE, N 29 deg. 02' 1.011 E,993.90 ft. along the southeast boundary line of said 43.60 acre tract to a 518 inch iron road set for a northeasterly corner of the tract herein described and interior easterly corner of said 43.+60 acre tract; THENCE, N 87 deg. 57' 21" E, along an easterly boundary line of said 43.60 acre tract,at 19.60 f- pass the southernmost or southwest right-of-way corner of Safety Steel Drive, a public road, and continuing along time south riigh"f-way Titre of said Safety Steel Drive,in all a distance of 270.57 ft. to a 518 inch iron rod found for the northernmost or northeast corner of the tract Herein described) and northwest corner of time northeasterly portion of a 75.757 acre City of Corpus Christi tract of land described by deed recorded In Volurne 2138, page 624,heed Records of Nueces County,Texas; THENCE, along a westerly boundary lune of the northeasterly portion of said City of Corpus Christi tract,S 01 dei;. 56' 35" E, 790.30 tie. to a 518 inch hoar rod set for the northeasterly corner of time herein described tract and westerly corner of said northeasterly portion of City of Corpus Christi tract; THENCE, S 31 deg. 001 54" W,421.22 ft. Wong a westerly boundary line of said northeasterly portion of City of Corpus Christi tract:,to a 518 inch iron rod set for interior easterly comer of the tract herein described, THENCE, continuing along a westerly houndary line of said northeasterly portion of City of Corpus Christi tract,S 01 deg. 18' 30" E, 848.61 ft. to a 4 inch iron rod found for the southeast corner of the tract herein described and interior central easterly corner of said City of Corpus Christi tract; THENCE, S 59 deg. 07118" W,along a northerly boundary line of the southwesterly portion of said City of Carpus Christi tract, a distance of 394.19 ft. to &5/9 inch iron rod set at the point of curvature of a circular curve to the right having a central angle of 55 deg. 00' 3911, a radios of 1924.511 ft. and a chord bearing S 86 deg. 29' 54" W,a distance of 1685.23 ft_; THENCE, along the are of said circular curve to the right,being along a northerly boundary line of said southwesterly portion of City of Corpus Christi tract,a distance of 1751.74 ft. to a 4 inch iron pipe found at the point of tangency; THENCE,N 66 deg. 001 24"W,along a northerly boundary line of said southwesterly portion of City of Corpus Christi tract, a distance of 803.30 f1:. to a 4 inch iron pipe found at the point of curvature of a circular curve to the lett having a central angle of Ifs deg.55' 54", a radius of 498.138 ft. and a chords bearing N 73 deg. 48' 36" W,a distance of 138.05 ft.; THENCE, along the arc of said circular curve to the left,being along said northerly boundary line of the southwesterly portion of said City of Corpus Christi tract,a distance of 138.50 ft.to a 5!8 Inch iron rod set for the westernmost cornet-of the tract herein described, easternmost comer of a 69.12 acre City of Corpus Christi tract of laud described by deed recorded in 'volume 2092,page 778, said Deed Records,said westernmost corner being in the southeast boundary tine of a 42 ft.wide drainage easement described by deed recorded in Volume 2035, page 665,said Deed Records,said westernmost corner of the tract herein described also being the westernmost corner of said 183.86 acre tract described in Document No. 898387; THENCE, along the northwest boundary line o4 said 183.86 acre tract, being along the southeast right-of-way line of said 42 ft.wide drainage easement and along the northwest boundary lines of said Lot 20, Section 22, N 29 deg. 02' 10" E,1111.10 ft.to a 518 inch iron rod set for the northwest corner or westernmost north corner of the tract herein described; THENCE,S 60 deg. 57' 50" E,448.00 ft- to a 5/8 Inch iron rod set for interior westerly corner of the tract herein described; THENCE, N 29 deg. 02' 10" E, 20-00 ft. to a 518 inch iron rod set for westerly corner of the tract herein described; THENCE,S 60 deg. 5'7' 50" E, 110.00 ft. to a 5/8 Inch iron rocs set for westerly corner of the tract herein described; THENCE, S 29 deg. 02' 10" W,310.13 ft. to as 5l8 inch iron rod set for interior westerly corner of the tract herein described; THENCE, S 66 deg. 00' 24" E, 312.15 ft. to a 518 inch iron rod set at the point of curvature of a circular curve to the left having a central angle of 12 deg.28' 44",a radius of 1074.50 ft. and a chord bearing S 72 deg. 13' 56" E, a distances of 233.56 ft.; THENCE, along the are of said circular curve to the left,a distance of 234.112 ft_to a 5/8 inch hors rod set for central interior corner of the tract herein described; THENCE, N 29 deg. 02' 10" Fs,362.06 ft. to a 5/8 inch iron rod set for central interior corner of the tract herein described; THENCE, N 60 deg. 57' 50" W,240,00 ft.to a 568 inch iron rod set for central corner of the tract herein described; THENCE, N 29 deg. 02' 10 E, I10.00 ft, to a 5/8 socia iron roof set for central Corner of the tract herein described-, THENCE, S 60 deg. 57' 50" E,43.77 ft. to a SM inch iron rod set for interior central corner of the tract herein described(; THENCE, N 29 deg. 02' 10" E,320.00 ft.to a 5/8 inch iron rod set for north central Interior corner of the tract herein described; THENCE, N 60 deg. 57' 50" '4'6', 35-52 ft.. to a 518 inch from rod set for north central comer of the tract herein described; THENCE, N 29 deg. 02' lo" E,360.00 ft. to the POINT OF BEGINNYNG. T 0(2)' Description of a 20.503 acre tract of land,more or less,a portion.of Lots Twelve(12)., Thirteen (13),Twenty (7.0) arca Twenty-one(21),Section Twenty-two(22), FLOUR I LVEF .ANIS ENCINAE FARM ANIS GARDEN TRACTS,a reap of which is recorded in Volume. A,Pages 41 through 43,Map Records, Nuaeeces County,Texas, and also being a portion of a 183.86 acre tract of land described by deed recorded at Document No, 898387,Official Public Records of Nucces County,Texas,said 20.503 acre tract as further-described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rood found for the westernmost corner of Leat 1,]Block 2, Cimmaron l2aYrch Unit I,a map of which is recorded in Volume 58,Pages 100 and 101,said Dain Records, said beginning point for the northernmost or aortia central corner of the tract herein described; THENCE, along the southwest boundary Bane of said Bleach 2,Cimmaron 1 ntch Uidt 1, and along a southwest boundary line of a 43.60 acre tract of land described In Document No. 1997010298, said.Official Public Records, S 60 dreg. 57' SO" E,466.01 ft. to a 518 Inch irons rod set for the easternmost or northeast corner oi'the tract herein descrtberl; THENCE, S 29 deg. 02' itl" W, 360.[!0 Ie.to a 5/8 inch iron rod set for centrad interior easterly corner of the tract herein described; T HEN CF,S 60 deg.57' 50" E, 35-52 ft. to a inch, iron rod set for central easterly corner of the tract herein described; TI-IENCE,S 29 deg.02' loll W, 320.00 ft.to a 518 inch iron rod set for easterly corner of the: tract herein described; THENCE,N 60 deg. 57' 50" W,.43.77 ft. to a 5f8 inch iron recd set for interior comer of the tract herein described; THENCE, 5 29 deg. 02' 10*1 W,110.00 ft. to a 518 inch iron rod set for southeasterly interior corner of the tract herein described; THENCE, S Cil deg. 57' 50" Es 240.00 ft. to as 518 inch iron rod set for southeasterly corner of the tract herein described; THENCE, S 29 deg. 02' 1011 i31, 362-06 ft. to a 518 Inch iron rod set for the southernmost corner of the tract herein described and being to the are of a circular curve to the right having a central angle of 12 deg. 28' 44", a radius of 1074.50 ft. and a chord bearing N 72 deg. 13' 56" Vey, a distance of 233-56 ft.; THENCE, along the are of said circular curve to the right a distance of 234.02 ft.to a 518 inch iron rod set at the point of tangencY; THENCE, N 66 deg. 00' 24" W,312.15' to a 518 inch iron rod set for southerly corner of the tract herein described; "THENCE,N 29 deg. Cit' 10" E,310.13' to a 518 Inch iron rod set for interior southerly corner of the tract herein described; -THENCE,N 60 deg. 57' 5011 W, I I Oi 00 ft. to a 518 Inch iron rod set for central interior southerly corner of the bract herein described; THENCE. S 29 deg. Ell' loll W,20.00 ft_ to a 518 inch iron rod set for southwesterly corner of the tract herein described; THENCE,N 60 deg..57' 50" W,448.00 ft. to a 518 Inch iron rod set for the western mast corner of the tract herein described in the northwest boundary Hue of said Lot 2E1,S"O on 22 and southeast boundary lisle of a 42 ft. wide drainage easement described by instrument recorded in Volume 2035,Page 655, heed Records of Nueces County,Texas; THENCE, along the northwest boundary line of said Lot 20,Section 22 and said Lot 13, Section 22 and northwest boundary Bane of said 183.86 acre tract N 29 deg.02' 1011 E, 685.00 ft. to a 5/8 inch Iron rod set for the northwest or northernmost western corner of the tract herein described and westernmost corner of a City Park as shown by said plat.of Cirnmaron Ranch Unit 1; THENCE, 5 60 deg. 57' 50" E,along the southwest boundary line of said City Park and southwest right•-*fwny line of Rock Crest Drive;, a distance of 400.24 ft. to a" inch iron rod set for central interior northerly earner of the tract herein described and southernmost right-of--way corner of said Rock Crest Drive; THENCE,N 29 deg.02' 10" E,90 00 ft., along the southeast right-of-way tine of said Rock Crest Drive to a 5/8 tach iron rod set at the point of curvature of a circular curve to the right hawing a central angle of 90 deg. 001 00",a radius of 10.00 ft. and a chard bearing of N 74 deg. 021 10" E,a distance of 14.14 ft..; THENCE,along the are of said circular curve to the right, being along ar southeast right-of- way ight of- wvafy line of said Rack Crest Drive, a distance of 15"71 ft.to a 5/8 inch Iron rod set for interior central northerly corner of the tract herein described and southeast corner of the right-of-way of said Rock Crest Drive; THENCE,N 29 deg. 02' 10" E, along a southeast tight-of-wary line of said Rock Crest Drive, a distance of 50.00 ft. to a 5/8 inch iron rod set for north central interior corner of the tract herein described and southeast right-of-way corner of said Rock Crest Drive and being in the are of a circular curve to the right having a central angle of 90 deg.00' 00", a radius of 10,00 fit. and a chord hearing N 15 deg. 57' 50" 'W, a distance of 14.14 ft., 'MENCE, along the are ofsaid circular curve to the right, being along an earsterty right-or- way ightor- way line of said Rock Cruet Drive,a distance of 1.:5.71 ft_to a 5/8 inch Iron rayl set at the poi>est of tangency; THENCE, continuing along a southeast right-of-way line of said Rock Crest Drive,N 29 deg. 02' 10" E,90.0 ft_to the POINT OF BEGINNING. AFTER RECORDING RETURN To: David L. Smith Doc# 21004844346 # Pages a 5354 S. Staples St., Suite 407 88126121 98t33M AM Corpus Christi, Texas 78411 Filed d Recorded in Off tial Records of DIANA T. BAR RA COUNTY CLEW Fees $27.0@ STATE OF TEXAS COUNTY OF NUECES i nereay carvy that this instrimnt was FILED'n File Nunibm Securznce can the date and at the€me stamped hweirt by rte,wW wm 3ury RECORDED.in tote OM6fl Public Retards of Nueoes County.Texas � �#sratr't�s+e1n*Nth-rNUEEM t�DltA[t1`IrtEItK A� GOUNY,T Is R1 i a f1 t 4be�*mn ex.►i G:F 89 An" and LM*ff6 b16 uncles f+u' City or Corpus Christi,Texas Department of'Development ScrAccs P.O.Box 9277 City of Corpus Christi,Texas 78469-9277 (361)826-3240 Corpus Located at:2406 Leopard Street WEEMMEW (Coma ofLeopard SL and Peer Ave.} NEW Christi %NOD&M00%ufw DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with'NA'. NAME: IVIPIVI Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM Is: EJ Corporation E]Partnership E]Sole Owner E]Association []Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership In the above named"firm". Name Job Title and City Department(if known) NA NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership In the above named"firm". Name Title _NA NA 1 State the names of each "board member' of the City of Corpus Christi having an "Ownership Interest" pe constituting 3%or more of the ownership In the above named"firm . Name Board,Commission,or Committee NA NA 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest"constituting 3% or more of the ownership In the above named "firm". Name Consultant NA NA ——------------ CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested-, and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Moses Mostaghasi Title-- General Partner (Print) ................ Signature of Certifying Persoir_t_-" Date: 77 K WEVELOPMENnVC&SH kkLD'LANDbEVELOI^NIEN'nOR014%,ANCE ADWNISIRAWAAPPLICA1110IN FOKY57FORN6 AS KA,LEGALUM21DISCLOSURE OF INMPLESES Page I of 2 STATUIEM x,2 1 12 DOC Exhibit 5 DEFINITIONS a. "Board Member". A member of any board,commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi,Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation,are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest"_ Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f_ "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K ZEVP.L®PRA SVCSMIAREDILAND 5DEVELOPM RD114ANC 1II:ADNI1NISTR,ATION''kAPPI-iCATION F BR%IS1FD IS f S PER L'EGAU2012MISCLOSURE OF INTER STS STATENIEW12712-WC Exhibit 5 Page 2 of ERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3.5.and 6 if there are no interested parties. CERTIFICA11ON OF FILING I Name of business entity filing form,and the c4,state and country of the business entity's place Certificate Number: of business. 2017-237854 MPM Development,ILP Corpus Christi,TX United States Date Filed: 2 Name of governmenWentity or-state agency that is a party to the contract for which the form is 07/18/2017 being filed. City of Corpus Christi Development Services 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. Royal Creek Estates Unit 7 Participation Agreement for Royal Creek Unit 7 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only If there Is NO Interested Party. 0 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. CINDY BUEN10, !7 45, aw i zi Ndary PulNuc SIATE OF TEXAS Si ized agent contracting business entity lN4 Coirnirn Exp. 11,04-21)110 AFFIX LNOR S jr$)tL'ABOVE' Sworn to and subscribed before me,by the said this the 16 day of 20L+ .to certify which,witness my hand and seal of office. T — Signature of office dmi nistering oath Printed name of officer administering oath TIde of officer administering oath J - - - --- ------- Forms provided by Texas Ethics Commission www.ethics.sIate.tx.us Version V1.0,883 O � J O \ T N +-+ U 4.J U O O � U U LM !�A m LM O W •O m 0. LM •v V LM m m O a w z A ROY", n(p E 1 s A 1� t lb � u y1M ri w re 7 w r '��✓I u _ �w ' a� �, t 4. Ila�� u Rdr �a � 6Nr �'I�1��,�sl'�"'�➢ ' 1 �"d� �" r �*�`� a �iV,��"�"�' �i ,"''� � � - ✓' ��d r�/ j J V nn`�MM.,� v P�y � 1(� Y aW fit✓ �rwll�, f uj 1 IIIA iu p p � s n' � 'Iti 4s a c 5 Fi I ryI [ ( {{ �� aw I V��F•k`� I � �f�4�N "^rvx I AI p r q gE 4 IX I ' '1 rk1 If e � SP6�w4�d.Fi c � a - 14 41, Vlk ji 4 A0 M, 'A r Zow f� �s4 L� ��� a ,,�Yy s y y y x 2, �8 yqq §§ fes. oa z ,s . _ R =U _ E 0 a 4-j •o •U a V o 4� CL o CL V � -a--+ O o V CL Q � Q �i -ate1 u se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of October 17, 2017 1852 Action Item for the City Council Meeting of October 24, 2017 DATE: October 17, 2017 TO: Margie C. Rose, City Manager FROM: Gilbert Hernandez, Director of Municipal Court Gilbert ffcctexas.com (361) 826-2515 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim 2(_cctexas.com (361) 826-3169 Service Agreement for Bailiff and Security Guard Services for Municipal Court CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with Sec-Ops, Inc. of Corpus Christi, Texas for bailiffs and security guard services for Municipal Courts in accordance with Request for Proposal (RFP) No. 1151, based on best value for a total amount not to exceed $209,352, which $191,906 is budgeted in FY2017-18. The term of this agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $628,056. PURPOSE: This is a motion to approve a service agreement for bailiff and security guard services for the Municipal Court. BACKGROUND AND FINDINGS: On June 3, 2016, a contract was executed with Deacon 10, LLC dba Premier Protective Services from Euclid, Ohio, for bailiff and security guard services for the Municipal Court at an estimated annual cost of $160,992.00. The Court experienced concerns with the contractor's inability to provide armed guards and to provide six guards consistently. In addition, some guards were not certified through Department of Public Safety. Invoices were also not being submitted in a timely basis. The contractor was notified of these concerns by the contract administrator, and immediate corrections were not seen by Municipal Court. Therefore, the decision was made to begin the solicitation process for a new security guard and bailiff services for Municipal Court. The Purchasing Division issued a RFP to identify the best value proposer. Out of seven proposers, five met the minimum qualifications to go through the evaluation process. Out of the five proposers, the top three moved forward to the interviews, and Sec-Ops was deemed the highest scoring proposer that provides the best value for the City. 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: Municipal Court FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $194,000 $436,120 $630,120 Encumbered / Expended Amount $0 $0 $0 This item $191,906 $436,120 $628,056 BALANCE $2,094 $0 $2,094 Fund(s): Municipal Court Fees Fund, General Fund Comments: The initial contract is for an amount not to exceed $209,352, with a total potential multi-year amount of up to $628,056 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreements u CL CL N N uj us 2 - - - - - Ln Ln u0. rl: O O rl: M M deb CL Li Lq OD OD OD N N O, a+�t K M O O M C� L C O Ln N N u N N IO O� "l" a_ a_ a_ a_ a til Ln O. > LU N r h W i E E 'b h N H M ^ Ol IT `Otf M N co N ¢P� U H c c c 0 N C OL O >1 a 3 v 0 Q U ra py a F 'i + 0 a = y _ _ E U >1 a u V) = v t o N 0 U U 0 N 0 � N 2i- ~ '0 0 v 'D N D 0 . o a ? -Caja .� CLC:c o 3 0 -0 Q Q 0 0) o CY c O - _ p o � O a v 3 0 c v E CL o 0 0 v u v o LL. 0 0 0 0 0 4) o of� z z zof� I.- 5 a I I I * * US C SERVICE AGREEMENT NO. 1151 Bailiffs and Security Guard Services HPDO xs5�2, for the Corpus Christi Municipal Court THIS Bailiffs and Security Guard Services for the Corpus Christi Municipal Court Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Sec-Ops, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Bailiffs and Security Guard Services for the Corpus Christi Municipal Court in response to Request for Bid/Proposal No. 1 151 ("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. Contractorwill provide Bailiffs and Security Guard Services for the Corpus Christi Municipal Court ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $209,352.00, 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. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 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: Gilbert Hernandez, Diretor of Municipal Court Municipal Court Phone: 361-826-2515 Email: GilbertH@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 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, 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 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: Gilbert Hernandez Title: Diretor of Municipal Court Address: P.O. Box 9277, Corpus Christi, Texas 78469 Fax: 361-826-2500 IF TO CONTRACTOR: Sec-Ops, Inc. Attn: Robert Lott Title: President/Chief Executive Officer Address: 5729 Leopard St. Bldg. 8, Corpus Christi, Texas 78408 Fax: 361-299-6769 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING 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. (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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 CONTRACTOR Signature: Printed Name: Robert D. Lott Title: CEO Date: 9/19/17 CITY OF CORPUS CHRISTI Signature: Printed Name- Title- Date- Attached ame:Title:Date:Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1 151 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Attachment A: Scope of Work 1. General Requirements A. The Bailiffs and Security Guards will be Security Officer Commissioned to carry a firearm, commissioned by the Service Contractor, and will carry a weapon while on duty at the Municipal Court. B. The Contractor is expected to ensure that all Bailiffs and Security Guards assigned to the Municipal Court possess a certified identification card. The Contractor must provide proof of Crime Policy/Employee Dishonesty Bond and deliver respective copies for all Bailiffs and Guards assigned to duty at the Municipal Court. Failure to provide this information prior to Bailiff and or Security Guards starting work will constitute a violation to this agreement. Trainees must be commissioned to carry prior to starting their training and will only be allowed to be posted alongside a Security Guard for training purposes, and only after proper courtroom etiquette and security have been properly conveyed, will they be allowed to be posted alongside Bailiffs. C. The Bailiffs and Security Guards will conduct themselves in a professional, businesslike manner at all times; and adhere to the provisions as set forth in the Contractor's Violence in the Workplace Policy and Alcohol and Drug Abuse Policy. The Contractor shall provide at least two passport size photographs of all Bailiffs and Security Guards assigned to work at the Municipal Court upon each designated Bailiff's and Security Guards first day of assignment. Bailiffs, Security Guards, supervisors, and any employee of the Contractor shall be required to wear a photo identification card at all times. D. Coverage for all positions is expected at all times. The Contractor's plan for handling scheduled and unscheduled absences must be documented and submitted to the Contract Administrator, prior to the execution of the contract. Additionally, plans for the on-going recruitment of qualified Bailiffs and Security Guards must be discussed, documented, and submitted to the Contract Administrator, prior to the execution of the contract. E. The Contractor must become familiar with the Municipal Court Emergency Procedures and provide Bailiffs and Security Guards knowledgeable of these procedures. Page 1 of 8 F. The Municipal Court is a "Smoke Free" building, therefore, no smoking in any form is allowed by employees, contractors, vendors, visitors, or anyone within the building including employees of the Contractor. The Bailiffs and Security Guards will enforce this ordinance at the Municipal Court. 2. Scope of Work A. Location - The services will be provided for the Corpus Christi Municipal Court located at 120 N. Chaparral Street, Corpus Christi, Nueces County, Texas 78401 . B. Staffing Requirements - A total of three Bailiffs and three Security Guards are required: 1 . Two Security Guards are required for the check-in process at the first-floor entrance of the Municipal Court by the metal detectors. 2. One Security Guard is required for surveillance of the premises in the lobby areas, including the first floor main lobby area, courtroom lobby areas, and the collection and compliance lobby area. 3. One Bailiff is required for each of the three Courtrooms during courtroom proceedings. One of the Bailiffs shall be designated as the "Supervising Bailiff" and shall oversee the remaining Bailiffs and Security Guards, and all Contractor's Bailiff and Security Guard responsibilities. Any and all changes to the above must be approved by the Contract Administrator, in advance. C. Hours of Operation - The Contractor will not schedule more than 240 hours per week for the three Bailiffs and three Security Guards. The Corpus Christi Municipal Court is open to the public Monday through Friday, during normal business hours (8:00 a.m. to 5:00 p.m.) and during the hours of 8:00 a.m. until 7:00 p.m. on Tuesday. The Contractor is required to have coverage during these hours of operation. D. Essential Duties and Responsibilities - The essential duties and responsibilities for the Bailiffs and Security Guards include, but are not limited to, the following: Page 2 of 8 1 . The Bailiffs will provide security and decorum to all courtrooms at the Municipal Court. 2. The Bailiffs will ensure that the courtrooms are open and prepared for court sessions. 3. The Bailiffs will adhere to courtroom decorum, while providing safety in the courtrooms, including responding to emergencies and taking necessary action. 4. The Bailiffs will assist the Judge in maintaining order in the courtroom and will provide instructions to spectators, jurors, and prospective jurors regarding their conduct in the courtroom. 5. The Bailiffs will assist the judges in administering courtroom procedure such as, but not limited to: a. Ensuring all parties and counsel involved in a case, are present before proceedings begin; b. Calling defendants' names to determine failure to appear and calling witnesses to the stand; c. Escorting jurors to and from the jury box; and d. Attending to the needs of the jurors during deliberations 6. The Bailiffs will escort persons found in contempt of court from the Courtroom and hold them in custody until the person in custody is picked up by a City Marshal. 7. The Bailiffs may conduct appropriate follow-up activities with defendants, including taking fingerprints. 8. The Bailiffs and Security Guards will meet periodically regarding courthouse safety and security. 9. The Supervising Bailiff will ensure that all duties are performed and all rules and regulations followed by all the Contractor's employees reporting for work at the Municipal Court. The Supervising Bailiff will meet with the other two Bailiffs and three Security Guards, periodically and as needed, regarding safety and security policy and procedures and courtroom processes. The Supervising Bailiff will be available at all times to provide Page 3 of 8 clarification to Bailiffs and Security Guards on security issues, matters of protocol, and to provide disciplinary actions for the Bailiffs and Security Guards on duty. 1 O.The Security Guards will monitor and operate the metal detectors at the entrance of the Municipal Court building and survey the premises in the lobby areas, including the first floor main lobby area, courtroom lobby areas, and the collection and compliance lobby area. All persons entering the Municipal Court must be processed through the metal detectors. E. Reporting - The Contractor will prepare and have available the following reports: 1 . Daily Log - this report will be a running summary of activities during each work shift. At a minimum, the following items will be noted by the Bailiffs and Security Guards and recorded in the daily log. a. Name and rank of Bailiff or Security Guard b. Time on duty and time off duty c. Area Bailiff or Security Guard is assigned to cover d. Acknowledgment that oncoming Bailiff or Security Guard has read and understands all special instructions for the Municipal Court e. Any violation of established security rules and any outstanding or significant incidents f. Any staff or patron complaints reported to Bailiff or Security Guard 2. Incident Report - this report is a detailed accounting of accidents or incidents on Municipal Court premises. An incident report is to be promptly completed and provided to the Contract Administrator. Such a report will be completed, in full, by the Bailiff and/or Security Guard on duty at the time of the incident. Unreported incidents will be deemed a violation of the service provider contract and will be treated accordingly. Page 4 of 8 3. Uniforms, Equipment and Accessories A. The Contractor shall provide Bailiffs and Security Guards with uniforms and is responsible for ensuring that uniforms are kept neat, clean, and properly ironed when worn for duty at the Municipal Court. B. The Contractor shall provide Bailiffs and Security Guards with portable UHF radios and hand-held metal detectors. C. Except for those items expressly noted as provided by the City, the Contractor shall furnish all supplies and equipment required for the execution of the contracted services shall include, but not limited to, two two-way portable radios, cellular phone(s), and weapons. D. Contractor-furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the term of this contract. 4. Training A. The Contractor will provide certification training for each Bailiff and Security Guard in the area of Courtroom Security and Bailiff Duties in the Courtroom. Contractors are encouraged to contact the Texas Municipal Court Education Center (TMCEC) for more information. B. All Bailiffs and Security Guards assigned to duty at the Municipal Court shall be trained and the Contractor shall provide periodic refresher training in the following areas: 1 . Red Cross Certified First Aid procedures and resuscitation procedures including the use of cardio-pulmonary resuscitation (CPR) and the Heimlich maneuver. Proof of training for each assigned Bailiff and Security Guard must be submitted before to start of services. Proof that this certification is being kept current must be submitted to the Contract Administrator within 10 days of the expiration. 2. Communication procedures including the use of portable two-way radio equipment and cellular telephones. 3. Police procedures in public relations, facility security, personal safety, emergency management, personal assaults, disorderly conduct, public intoxication, juvenile delinquency, patrolling and surveillance, and reporting techniques. Page 5 of 8 4. Writing and maintenance of daily reports of activities or problems at Municipal Court as well as accident or incident reports covering mishaps, unusual events, and the like. 5. Courtroom Bailiff and Building Security procedure training. 5. Drug Testing Contractor must use a drug testing laboratory certified by the Federal Substance Abuse & Mental Health Services Administration of the United States Department of Health and Human Services and must follow United States Department of Transportation Procedures identified in 49 Code of Federal Regulation, Part 40. Moreover, chain-of-custody procedures will be followed to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. Each specimen submitted for testing will be assayed for the presence of the following compounds: DRUG GROUP Emit Screen GC/MS Confirmation Detection Level n /ml* Detection Level n /ml* Amphetamines 1000 500 Barbiturates 300-1000** 200 Benzodiazepines 300 200 Cocaine Metabolites 300 150 Marijuana Metabolites 50 15 Methadone 300 200 Methaqualone 300 200 Opiate Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 * Nanograms/milliliter **The limit of detection varies according to the specific drug and/or metabolite(s) present. Contractor shall conduct drug testing prior to assignment and placement and will conduct random drug tests, in compliance this scope of work, on all Bailiffs and Security Guards assigned to duty. Contractor shall review all drug tests. Any employee of the Contractor failing a drug test shall not be assigned to duty. Contractor will provide the written results of any drug test within 24 hours of City's request for same. 6. Background and Credit Investigation Page 6 of 8 As a prerequisite to placement, Contractor shall perform background and credit investigations on every Bailiff and Security Guard and furnish the results to the Contract Administrator, or designee, who will determine each prospective Bailiff and Security Guard eligibility for placement at the Municipal Court. For those prospective Bailiffs and Security Guards who have resided solely in the State of Texas for the ten years immediately preceding their placement at the Municipal Court, the Contractor need only conduct a State of Texas background check which shall consist of a search for criminal convictions at the state level and in those counties in which the prospective Bailiff and Security Guard has resided. All credit investigations shall be conducted on a national basis and shall reflect "Actual" credit history. For those prospective Bailiffs and Security Guards who have resided outside of the State of Texas at any time and for any duration during the ten years immediately preceding their placement at the Municipal Court, the Contractor shall conduct a national background check which shall consist of a search of the following for criminal convictions: A. Federal records and records of the states and counties/parishes in which said prospective Bailiff, Bailiff or Security Guard Trainee, and Security Guard has resided in the ten years immediately preceding placement with the Municipal Court. B. All background checks shall search for criminal convictions and Also-Known-As (AKA) Contractor's failure to provide written proof, acceptable to the Contract Administrator, that the above-described background and credit checks were conducted for each Bailiff, Security Guard, and Back-up personnel prior to placement and are favorable for placement, shall result in the City deducting $500, for each such unauthorized placement, from the invoice applicable to the month in which such unauthorized placement(s) was/were made. 7. City Contract Administrator The City's Contract Administrator is the Director of Municipal Court who shall approve all phases of performance and operations under this Contract, including authorization for payment. The Contract Administrator shall be the single point of contact for the Contractor for all matters. 8. Pre-Performance Conference Prior to commencing work under the Contract, the Contractor shall meet in conference with the Contract Administrator to develop mutual understandings relative to this contract and to provide for a smooth assumption of duties. 9. Equipment provided by the City The City will provide the Contractor a walk-thru metal detector at the main entrance to the Municipal Court. Magnetic access cards for each Bailiff/ Security Page 7 of 8 Guard and one set of keys will be issued to the Contractor. It shall be the Contractor's responsibility to ensure the keys are safeguarded and that the Municipal Court is secured at the end of each business day, at the time specified by the Contract Administrator. The Contractor will be liable for the re-keying, replacing, or otherwise altering of locks and security systems should these locks or systems become compromised as a result of the Contractor's negligence, including, but not limited to, the loss of keys or magnetic access cards. 10.Contractor furnished Supplies and Equipment The Contractor is responsible for taking action to protect City supplies and equipment and the personal property of its employees from loss, theft, damage, or tampering. The Bailiffs and Security Guards will take care not to allow any damage or destruction to the equipment furnished by the Municipal Court. The Bailiffs and Security Guards are to document any and all incidents to enable prompt and thorough reporting of any damage or destruction that may occur to equipment furnished by the Municipal Court. The Bailiff Supervisor must contact the Contract Administrator immediately upon determining that the equipment furnished by the Municipal Court has malfunctioned and/or is in need of repair. 11.Invoicing Instructions The Contractor's invoices will be submitted to the City's Account Payable Department within five working days following the end of each calendar month in which services are performed. On verification of the work performed and charges, the Contract Administrator will process the invoices for payment. 12. Holidays The City of Corpus Christi recognizes seven holidays which services will not be provided. These are New Year's Day; Memorial Day; Independence Day (July 4th); Labor Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day. 13. Emergency Procedures The Contractor shall be thoroughly familiar with the Municipal Court Emergency Procedures which requires that for all security and medical emergencies the Bailiff and or Security Guard on duty shall immediately notify the Corpus Christi Police Department by calling 911 , reporting the type of emergency and requesting the assistance required. Immediately after calling 911, the Bailiff and or Guard will notify the Contract Administrator. Under non-emergency circumstances, when police assistance is required, the Bailiff or Guard shall notify the Contract Administrator. It is the responsibility of the Contract Administrator to notify the Corpus Christi Police Department and request the necessary assistance. Page 8 of 8 Attachment B: Bid/Pricing Schedule Proposal Response to RFP 1151 SEC City of Corpus Christi ,..q P Bailiff and Security Guard Pricing Form (Seventh Item) Services for Municipal Courts d�l, �r CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RR IINa ., 11511 Bailiff and Secludty Guard Services,for Municipal Courts DATE:: Jassue ]16,201 �, w„ � PROPOSER aN4u1PIH RIMD SIGNATURE I Refer to "Irnslraactlons to Proposers" and Contract Terms and Conditions before complefing proposal. . Pa°oaalld'e your best pafce for each IItem., 3. In submitfing this proposal, Proposer cerftine's Mal: aa, rheprices in thele proposr.0 hiave bieerarrNed at independently, w« ithoNjt caansdlatlon,,, coanmwjmcohon onaagreementfrlh any of ter Pr"OrDOreu°or cornetit cv; for the Iptrpose of aesf°r'fati ng aeon ipellfion w Mi regard to iwices b. Paojaoaer it an,Equa i C),pdeaortr.janity Employerand the E'aiscicnvre of Ir°teres inforrnnantion olni ffle mfh a It°y's pujrchV-;rskiig oftaae, pu.rwjua.�aret ta:;&the Come of Ordinances, Is aN.Ran�"alxt' a.'nd tr�LVe Cc,, P olaoser has Ir'ncor loo-nr fend arty changes IssjtPEe [hrowaghr Addenda la the RFP in PI-Rs to la;ln : rnrlJq1 ; Nll1 Y ' I Sauaupeweryising ComrN issioned akar, inNl iiI',:aal Paainff 2 0' E HRS ;A7a'5,5 ^ 6,50 .0 n,'m'wrlsad,oneal Krw,aarwa,lq of Eca'lfiffs 4,Ii 60 HIRS $16.80 $ ,69,8,88.00, Conirrrlsaaoinned�ecw4y Guards 6,240, PIPS $A6.50, $ 102,96 .00 Page 1 of 1 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . 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. 2. Contractor must furnish to the City's Risk Manager and Director of Municipal Court, two (2) copies 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, and a waiver of subrogation 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability $1 ,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury POLICE PROFESSIOAL LIABILITY $1 ,000,000 Per Occurrence WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 3. 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. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The Page 1 of 3 workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. 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 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. 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. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time Page 2 of 3 herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. 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 Municipal Court - Bailiff and Security Guard Services 04/11/2017 gms Risk Management Page 3 of 3 Attachment C: Bond Requirements Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements Section 8. Warranty is null for this Service Agreement. Page 1 of 1 CERTIFICATE F INTERESTED PARTIE FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-262672 Sec-Ops, Inc. Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/19/2017 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 1151 Bailiff and Security Guard Services for Municipal Courts 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. ROSIE A ROBLES HERRERA My Commission Expires June 1,2019 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Robert A Lott this the 19th day of September 20 17 to certify which,witness my hand and seal of office. hose Herrera-Robles Notary-HR Manager Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 se �' as 0 E NCORP O PPS ED 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 17, 2017 Action Item for the City Council Meeting of October 24, 2017 DATE: October 5, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo-Trevino, Assistant City Manger FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361)826-3227 Approval of 2017 Tax Levy CAPTION: Motion approving the 2017 Property Tax Levy of $119,297,025.33 based on the adopted property tax rate of $0.606264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. PURPOSE: Approval of the certified tax levy by the governing body is required by the Texas Tax Code and is the last step in complying with the "Truth-in-Taxation" guidelines as it relates to the adoption of a property tax rate and the assessment of property taxes. BACKGROUND AND FINDINGS: The Texas Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2017 that is based upon a property tax rate of $0.606264 per $100 valuation and a taxable value of$20,382,453,858 is as follows: Tax Levy Component $76,802,309.09 Supporting the City's maintenance and operations ($0.376806) 46,769,170.97 Supporting the City's debt service ($0.229458) $123,571,480.06 118,945.26 Add: Net Late Rendition Penalty— Personal Property Accounts (4,393,399.99) Less: Over-65/Disabled Homestead Frozen Levy Loss $119,297,025.33 2017 Ad Valorem Tax Levy Additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. Additionally, the over-65/disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year 2017-2018 reflects the effect of the thirteenth year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: Fiscal Year Levy Loss Change from Prior Year FY 2017-2018 $ 4,393,399.99 11.52% FY 2016-2017 $ 3,939,600.86 20.65% FY 2015-2016 $ 3,265,194.37 45.36% FY 2014-2015 $ 2,246,329.44 42.19% FY 2013-2014 $ 1,579,763.73 28.89% FY 2012-2013 $ 1,225,650.00 -18.74% FY 2011-2012 $ 1,508,251.05 -9.31% FY 2010-2011 $ 1,663,133.81 -4.46% FY 2009-2010 $ 1,740,803.00 16.01% FY 2008-2009 $ 1,500,521.56 23.99% FY 2007-2008 $ 1,210,235.01 86.00% FY 2006-2007 $ 650,650.57 64.02% FY 2005-2006 $ 396,701.13 It should also be noted that property taxes budgeted in the FY 2017-2018 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $20,307,553,850 — made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $20,382,453,858 include 100% of the values of the properties not under protest and 100% (versus 85%) of the properties under protest. This accounts for the $74,900,008 increase in assessed values certified by the Nueces County Tax Office. In the FY 2017-2018 budget adopted by the City Council on September 26, 2017, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment Zone #2, and Reinvestment Zone #3) was $116,099,895. When comparing this figure to the certified ad valorem tax levy of $119,297,025, the collection rate certified for the year must be considered. The collection rate certified by the Nueces County Tax Office for FY 2017-2018 is 100%, but a more conservative collection rate of 97.5% was used in the calculation of property tax revenue in the City's operating budget. By applying a 97.5% collection rate to the certified levy, the resulting "net" levy is calculated to be $116,207,738 — which is $107,843 more than the total ad valorem tax revenue adopted in the FY 2017-2018 budget of$116,099,895, a difference of less than 0.1%. Therefore, no budgetary adjustments for the FY 2017-2018 ad valorem tax revenue are needed at this time. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ 116,099,895 $ - $ 116,099,895 Encumbered/Expended amount of(date) - - -This item - $ - $ - $ - BALANCE - $ 116,099,895 $ - $ 116,099,895 FUND(S): 1020 "General Fund" $ 70,351,865 2010 "Debt Service Fund" $ 42,841,140 1111 "Reinvestment Zone#2" $ 2,307,516 1112 "Reinvestment Zone#3" 1 $ 599,3741 1 COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Tax Levy for the Tax Year 2017 OF TF A,CO 9s n 4 Nueces County Courthouse u Administration 901 Leopard,Suite 301 yrr OF � (361) 888-0307 Corpus Christi, TX 78401 (361) 888-0308 Kevin Kieschnick Assessor and Collector of Taxes CERTIFICATION OF TAX LEVY FOR THE TAX YEAR,2017 CITY OF CORPUS CHRISTI Total Appraised Value @ 100%of Market Value $ 26,865,404,965 Less: Partial Exemptions .Ag-Use account value loss and abatements $ 6,482,951,107 Total Net Appraised Value $20,382,453,858 Assessment Ratio 100% Total Taxable Value $20,382,453,858 2017 Adopted Tax Rate .606264 ($100 2017 Ad Valorem Tax Levy $ 123,571,480.06 Less: Over-65/.Disabled Homestead Frozen Levy Loss $ 4,393,399.99 Plus: Late Rendition Penalty-Personal Property Accounts $ 124,810.57 Less:5%of Late Rendition Penalty to the Appraisal District $ 6,240.53 Plus: Late Ag Penalty $ 375.22 2017 Total Ad Valorem Tax Levy $ 119,297,025.33 Submission of the Tax Levy for 2017 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e)of the Texas Property Tax Code. e� Kevin Kiesch Nueces County Tax Assessor-Collector SWORN AND SUBSCRIBED TO before me at Corpus Christi,Texas this 29th day of September,A.D., 2017. SUZAN COX 1 n ®' {�:= Notary public,state of Texas my Commissiori Expires October 27„ 2019 r a No ary Pub .-tatee of Texad THE STATE OF TEXAS COUNTY OF NUECES The Tax Levy is hereby approved by the City of Corpus Christi City Council on this day of A.D.,2017 Mayor, City of Corpus Chrsiti ATTEST: City Secretary, City of Corpus Christi For information contact: Motor Vehicle Property Tax Voter Registration voice (361)888-0459 (361)888-0230 (361) 888-0404 fax (361) 888-0482 (361) 888-0218 (361) 888-0339 SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of October 17, 2017 DATE: October 6, 2017 TO: Margie C. Rose, City Manager THRU: Keith Selman, Assistant City Manager Keith Se cctexas.c®m 361-826-3878 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyBcctexas.com 361-826-3021 Affordable Housing and Housing Tax Credits STAFF PRESENTER(S): Name Title/Position Department 1. Rudy Bentancourt Director Housing and Community Dev. 2. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Sharon Gamble Administrator Tx Dept. of Hsg. & Comm. Affairs 2. 3. BACKGROUND : City Council requested for staff to bring forward a presentation regarding Affordable Housing and Housing Tax Credits received by developers for multifamily affordable housing projects to be proposed. Texas Department of Housing and Community Affairs (TDHCA) staff will make a presentation to discuss TDHCA Housing Tax Credits, how they are used in communities, changes in effect during the 2018-2019 Qualified Allocation Plan, and explain those elements most critical to the Point System. Also invited to the presentation are developers who have shown interest in submitting a Housing Tax Credit project to TDHCA. City staff will also be on hand to answer and discuss common and best practices by other cities who also provide Letters of Support to Housing Tax Credit projects. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Housing Tax Credits Texas Department of Housing & Community Affairs Multifamily Finance Division Low income t-1ouslfl Credit Program ("LIHTC") ❖ Provides a dollar -for -dollar tax credit for affordable housing investments. ❖ Provides funding to construct or rehabilitate a development. It is not an operating subsidy. ❖ Kquity is provided by investors. ❖ Tax benefit goes to investors for federal taxes; no direct effect on state and local taxes. ❖ Authority to allocate provided by IRS LIHTC ':' Non -Competitive LIHTC ❖ "4%" Tax Credits used in conjunction with Private Activity Bond financing ❖No annual limit to the state ❖Typically provides —30% equity to a Development ❖ Competitive LIHTC ❖Competitive application process ❖Annual limit to the state ("ceiling") ❖Typically provides —70% equity to a Development Potential Financing Structures for a 200 Unit Urban Development 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% MENI 9% Tax Credit Tax -Exempt Bonds w14% Credits Understanding Tax Credit Financ: •ALL DAY-TO-DAY CONTROL •NO DAY-TO-DAY CONTROL BUT CAN FORECLOSE AND REMOVE PARTNERSHIP •NO DAY-TO-DAY CONTROL BUT CAN REPLACE GP How the Sources of Funds Flow • General Partner/Developer requests credits (Partnership is a newly created entity for the sole purpose of receiving credits). + State allocates credits to GP/Partnership. + Lender provides money to the partnership in the form of construction/permanent financing. In return partnership gives lender a deed of trust. • The partnership sells credits to Limited Partner/syndicator. How the Sources of Funds Flow cont. •:* the investor and syndicator purchase credits and provide equity to the partnership to construct development. •:* 1DI ICA sends IRS Form 8609 to each awarded Development Owner. This form actually provides the allocation. +By December 31, 1DHCA sub .ts IRS Form 8610, Annual Low -Income Housing Credit Agencies Report, and a copy of each Form 8609 sent to Development Owners. Housing De -Concentration Factors 10 TAC §11.3 (QAP) (a) Two Mile Same Year Rule (§2306.6711(f)) county with a population greater than one million (b) 2x Per Capita (§2306.6703(a)(4)) prior approval of the Development from the Governing Body (c) One Mile Three Year Rule (§2306.6703(a)(3)) county with a population greater than one million Housing De -Concentration Factors 10 TAC §11.3 (QAP) cont. (d) Limitations on Developments in Certain Census Tracts prior approval of the Development from the Governing Body (e) Additional Phase -i;xisting Development has maintained at least 90% occupancy for a minimum six (6) month period (f) Proximity of Development Sites highest scoring application stays in (proposed). ompetitive LIHTC Scoring Tex. Gov't Code §2306.6710(b)(1) "Above the Line" Scoring Item Point Value StanIt Ory Rank Nots Financial -rasibility 18 points max 15t Local Government Support 17 pointo max 2nd Income Levels of Tenants 16 points max 3rd Size and Quality o. fUnit 15 points max 4th Rent Levels of Tenants 13 points max 5th 13 - oints max for Sup ortve Housing; 11 points Cost of Development per Square Foot 12 DOifl5 max 6th Supportve Hous NRA can include up to SO sqJt of common area per unit Tenant Services 11 points max 7th 11 points m x for Supporrive Housing; points Declared Disaster Area ID points 8th Quantifiable Community Parncipation f QCP1 9 points inax 9th 2 point -incentive for change from opposition to support or neutrautv Communi - upport by State Representative 3 poi= max 10th om etitive LIH C Scor• ia Tex. Gov't Code §2306.6725(a) "Below the Line" Ute. Sizes 3 Dim Unit ard ex nt . s f pi= mem --pc-em 7' Ear` re .s " ` - aWiced cm, P _ E 3. 1 i e 1 _- z Input froni Co 4 _ - _ 1 Full Ser- for -L e e - 3f_ Peric. 2 poi= op max ® Pat, 113 o_t ocal Government Scoring Ite (1) Local Government Support (10 TAC 11.9(d)(1)) Up to 17 points for a resolution(s) voted on and adopted by the city and/or county (2) Commitment of Development Funding by Local Political Subdivision (§2306.6725(a)(5)) One point for a commitment of Development funding from the city or county (3) Concerted Revitalization Plan (CRP, TIRZ, etc) Four points for a letter about CRP area improvements Two points for a resolution for contributing to CRP Local Government Threshold Issues 10 TAC §10.2(e): • In providing resolutions regarding housing de -concentration issues, threshold requirements, or scoring criteria„ municipalities and counties should consult their own staff and legal counsel as to whether such resolution will be consistent with Fair Housing laws as they may apply. • Resolutions are due with the Applications: by 5:00 p.m. Austin local time on March 1, 2018. • Zoning: letter if no zoning, copy of ordinance if in effect, request for zoning change. • Ordinances: parking, railroad quiet zone Proposed Rule Changes re LPS • Educational Quality scoring is out. • Underserved Area: Population threshold for 5 -point item dropped from 300,000 to 150,000. • Proximity to the Urban Core: lower population threshold dropped from 300,000 to 200,000 Place with a population over 200,000 Site must be within 4 miles of the main municipal government administration building if the population is more than 500,000 or more Site must be within 2 miles of the main municipal government administration building if the population 200,000 - 499,999. • Commitment of Funding by LPS: "de minimis" is out; $500 for Urban and $250 for Rural. Proposed Rule Changes re LPS • CRP: Plan must be current and must run for at least three years after Application. o If plan includes more than one distinct area within the city or county, a resolution may be provided for each Development in its respective area. • Undesirable Site Features (10.101(a)(2): (13) Development Sites located within 300 feet of a solid waste facility or sanitary landfill facility or illegal dumping sites (as such dumping sites are identified by the local municipality); w Legal Reference ➢ Tax Reform Act 1986 ➢ §42, Internal Revenue Code ➢ X2306, Texas Government Code ➢ 10 TAC Chapter 10 (Uniform Multifamily Rules) ➢ 10 TAC Chapter 11 (Qualified Allocation Plan) ➢ §142, Internal Revenue Code ➢ §1371 and § 1372, Texas Government Code ➢ 10 TAC Chapter 12 (Bond Rules) Igo F Division Contact Information •:•Marni Holloway, Director (512) 475-1676 •:*11eresa Morales, Manager (and contact for 4%/Bonds Program (512) 475-3344 •:•Andrew Sinnott, Direct I,oan i. inistrator (512) 475-0538 •:•Sharon Gamble, 9% Credits , d nistrator (512) 936-7834 all email addresses are firstname.lastname@tdhca.state.tx.us AGENDA MEMORANDUM City Council Meeting of October 17, 2017 DATE: TO: THRU: October 5, 2017 Margie C. Rose, City Manager Keith Selman, Assistant City Manager KeithSe(cr�cctexas.com 361-826-3878 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB(cr�cctexas.com 361-826-3021 Homelessness Update STAFF PRESENTER(S): Name 1. Rudy Bentancourt 2. OUTSIDE PRESENTER(S): Name 1. Amy Granberry 2. Jesse Elizondo 3. Karlene Lewis Title/Position Di rector Title/Position Di rector President Chief Financial Officer Department Housing and Community Dev. Organization Charlie's Place Homeless Issues Partnership, Inc. Corpus Christi Metro Ministries BACKGROUND: During the May 16, 2017 City Council Meeting, Councilmember Carolyn Vaughn requested a briefing regarding homelessness. The Advisory Council on Homelessness, Mental Health, and Substance Abuse will be presenting a preview of Homelessness in Corpus Christi as well as suggested recommendations moving forward to address homelessness. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Advisory Council for Homelessness, Mental Health, and Substance Abuse Advisory Council for Homelessness, Mental Illness and Substance Abuse October 17, 2017 Council Briefing Amy Granberry Advisory Council The Advisory Council was formed by City leadership to reduce the duplication of local resources in Mental Health, Substance Abuse and Homeless Intervention. Advisory Council Priorities • The Mission of the Advisory Council is to bring community leaders together to identify and support the programs, practices and financial models that will work for our community to address community concerns of homelessness, mental illness and substance abuse. The Advisory Council will gather and analyze examples from other communities, learn from their successes and failures, and implement solutions for our community. Advisory Council Accomplishments • 3yr., $2.1 Million Dollar SAMHSA Grant secured by BHC -NC housed at Charlie's Place Recovery Center • Reviewed other City initiatives Housing First, Albuquerque Paid Community Service Workers Program • Agree the next steps have a cost Mental Health Substance souse County Homelessness in Corpus Christi *U.S. Homeless Population 549,928 (321,400,000 U.S. Pop) *Texas Homeless Population 23,678 (28,240,245 State Pop) **Corpus Christi Homeless Population 611 (325,733 City Pop) Male 25-64 Years Old No Children Staying in an Emergency Shelter 1St Time Homeless in 3 Years Living in Place not Meant for Human Habitation Homeless Longer than 1 Year 70% 70% 91% 53% 39% 37% 28% United States 171 Per 1001000 Corpus Christi 187 Per 100,000 *2016 Point in Time Survey **2017 Point in Time Survey Community Environment Corpus Christi has a number of local resource providers who are involved in helping the Homeless, but not all providers are created equal! Each provider has specific funding mandates, priorities and skills that can be amplified if successfully coordinated. Local Government • Ordinances & Laws • Zoning • Program Funding Mental Health • Counseling • Education • Emergency Shelter Homeless Charities • Feeding • Temporary Shelter • Financial Assistance Substance Abuse • Drug & Alcohol Treatment • Inpatient Treatment • Detoxification • Recovery Housing 1. Ordinances 2. Zoning 3. Funding Recommendation #1 Coordinated Entry • Coordinated entry is a process developed to ensure that all people experiencing a housing crisis have fair and equal access and are quickly identified, assessed for, referred, and connected to housing and assistance based on their strengths and needs. • Required to continue receiving continuum of care funding and to be eligible for Emergency Solutions Grant-TDHCA • Working with City and Texas Homeless Network to implement before January 2018 • 4 key components • Access • Assessment • Prioritization • Referral • Create System change Coordinated Entry System C Assign (w/ choice) Assist Assess 5 Recommendation #2 Parks & Recreation Homeless Workers Program RECREATiON • Based on The Ct of Albuquerque's "There's a Be tr Way" Program Workers wi!! pickup trash and beautify the City Other local agende can suppo t This Concept CAN work in conjunction with the Community Service Workers program the Parks & Recreation Department has established wit the Municipal Courts. Pilot Prog am For less tan $100,000! (5 workers 1 day per week) There's z Better y Jobs Giaa •2,732. \._ FoggRallg CaltaF -or 7,1a,grk - > peop/ m= Eggaged «« \ p . clients E »w . :p a sarvicea Contr : Recommendation #3 Tent City / Tiny Homes • City Locations • City could partner by providing land and CDBG funding to build bathrooms and showers • Partner with businesses to build tiny home community on city donated land • Popular solution for homeless veterans • Those who will benefit should participate in the build • Rent would be charged and be very reasonable \y� Recommendation #4 Family Reunification Program Based on Municipal Reunification Programs Across the Country • Denver, Portland, San Francisco Corpus Christi is geographically Isolated from other Municipal Resources • Corpus Christi's Beach Atmosphere is Attractive to Homeless in other Cities • There are many more seasonal employers in Corpus Christi than other cities Reuniting Homeless with Supportive Family Outside of Corpus Christi • Must prove established support in new location • Must abide by program guidelines: (TBD) • One time use only SAMHSA Grant provides up to $15,000 annually for 1 Part Time City Employee to facilitate the Homeless Advisory Committee. This is an eligible expense under Emergency Solutions Grant High End Bus Tickets Low End Bus Tickets $350 $350 $200 $200 30 60 30 60 $10,500 $21,000 $6,000 $12,000 5% of Point in Time Count 10% of Point in Time Count 5% of Point in Time Count 10% of Point in Time Count Homeless Solutions Thank you