Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 01/30/2018 Cit of Cor us Christi 1201 Leopard Street o� `uCorpus Christi,TX 78401 f r , cctexas.com ' ' Meeting Agenda - Final ap'141YgV'xi;V City Council Tuesday,January 30,2018 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church. C. Pledge of Allegiance to the Flag of the United States to be led by Peter Davidson, Marina Superintendent. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0150 Proclamation declaring February 2, 2018, "National Wear Red Day". Commendation for Dr. Maria Luisa Garza - Honoring Her Career in Education. Commendation for the 83rd Annual Nueces County Junior Livestock Show Queen's Contest. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: City of Corpus Christi Page 1 Printed on 1/29/2018 City Council Meeting Agenda-Final January 30,2018 a. COLLIER POOL b. HEALTH PLAN UPDATE C. OTHER G. MINUTES: 2. 18-0157 Regular Meeting of January 23, 2018. Attachments: Minutes-January-23,2018 H. BOARD &COMMITTEE APPOINTMENTS: (NONE) 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 1/29/2018 City Council Meeting Agenda-Final January 30,2018 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 3 - 12) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 18-0095 Homebuyer Assistance Program Amendment No. 1 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi Motion to approve an amendment to the agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program and increasing expenditures in the Business and Job Development Fund No. 1140 by $100,000. Attachments: Agenda Memo-Type A Agreement Amendment No 1 -Type A and HCD Agreement 12.15.17 4. 18-0096 Purchase of Five Utility Terrain Vehicles for Beach Operations Motion authorizing the City Manager, or designee, to purchase five Kubota RTV-X900G-A utility terrain vehicles for beach operations from Ewald Kubota, of Corpus Christi, Texas, based on Request for Bids No. 272 based on the lowest responsive, responsible bid for an amount of$80,585. Attachments: Agenda Memo- Utility Terrain Vehicles for Beach Ops Bid Tabulation- Utility Terrain Vehicles for Beach Ops City of Corpus Christi Page 3 Printed on 1/29/2018 City Council Meeting Agenda'Final January 3\3O10 5. 1K8-00K82 Construction Contract for Police Vehicle Impound Yard and Garage Phase 2 (Bond 2O12, Proposition 7) Motion authorizing the City Manager, ordesignee, toexecute a construction contract with Baroonn Construction, Inc., of Corpus Chriati. Texas inthe amount of$779.279.78for the Police Vehicle Impound Yard and Garage Phase 2 (Rebid) project forthebaaebidandaddidve alternate one. (Bond 2012, Proposition 7) Attachments: Agenda Mem - Police Vehicle Impound Yard &Garage Project Budget- olice Vehicle Impound Yard &Garage.x1sx Location Map- Police Vehicle Im ound Yard &G Letter of Recommendation- Police Vehicle Impo nd Yard &Gar 6' 1D8-{X}09 Resolution Directing Use of$3.4 Million Dedicated to Residential Streets (Council Priority -Stnmets) Resolution directing the City Manager tospend $3.4OO.00Ofor residential street reconstruction in accordance with Option No. 3 discussed at the December 19. 2O17City Council Meeting. Attachments: Agenda mem -Resolution on use of$14M.docx Resolution -use of Residential Street Funds FY2018.docx 030938 RES -08302016iResolution re Test Projects).pdf 7' 1D8-{X}46 Second Reading Ondinanoe -Aooepting and appropriating a donation for the Corpus Christi Smoke Alarm Program (1stReading 1/23/18) Ordinance authorizing the City Manager ordesignee toaccept adonation from VVa|nnartinthe amount of$1.00Otobeused tosupport the Corpus Christi Smoke Alarm Program; and appropriating $1.000 from VVa|nnart into the Fire Grant Fund No. 1062. Attachments: Agenda-Memo-Walmart donation Ordinance-Walmart donation 8' 1D8-{X}50 Second Reading Ondinanoe -Aooepting and appropriating the 2017 Helping Heroes Grant Program funds (1stReading 1/23/18) Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of$10,000.00 to be used to purchase a Hazardous City v,Corpus oouoo Page Printed vn/12mumo City Council Meeting Agenda'Final January 3\3O10 Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062 . Attachments: A2enda Memo-_Helpin_q Heroes Koch Ordinance- Helping Heroes Koch 9' 1R8-{X}16 Second Reading Ordinance -Construction Contract for Mary Rhodes Pipeline Protection Upgrade (Capital Improvement Program) (Council Priority -\MateM (1stReading 1/23/18) Ordinance rejecting the apparent low bid of Down South Field Services, Inc. aanon-responsive and authorizing the City Manager toexecute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of$525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. Attachments: Ordinance-Alternate Low Bidder Mary Rhodes Pipe Cahtodic rotection Project Budget- MR Pipeline Location Map- MR Pipeline Letter of Recommendation- MR 10. 1R8-01.U8 Second Reading Ondinanoe - Lease Agreement for the 2018 Fiesta De La F|orEvent(Council Priority - Economic Development) (1st Reading 1/23/18) Ordinance authorizing the City Manager ordesignee toexecute alease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2O18 Fiesta de |a F|orevent and related activities to be held onApril 13. 2O18and April 14. 2O18. and allow use ofstreets bounded by Power Street, N. Water Street, Reaaoa Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Reaaoa Street and Power Street. Attachments: Agenda-Memo- Fiesta de la Flor 2018 Ordinance- Fiesta de la Flor 2018 LeaseAgreement-Fiesta de la Flor 2018 11' 1[7-1491i Second Reading Ondinanoe -ConstruotionContnmotforthe Dr. Hector P. Garcia Park Hike and Bike Trail (Bond 2O12) (1stReading 1/23/18) Ordinance appropriating $2O4.00Oofanticipated revenue from the Texas Department of Transportation in Fund No. 3280 for the Or. Hector P. Garcia Park Hike and Bike Trail; changing the F`y2O18 Capital Improvement Program Budget adopted by Ordinance No. 031249 to City v,Corpus oouoo Page Printed vn/12mumo City Council Meeting Agenda'Final January 3\3O10 increase revenues and expenditures bv $2O4.00O; and authorizing the City Manager, ordesignee, bzexecute aconstruction contract with Mako Contracting, LLC.. ofCorpus Christi, Texas inthe amount of$3O5.1OO.00 for the Or. Hector P. Garcia Park Hike and Bike Trail project for the base bid. (Bond 2O12) Attachments: Agenda-Memo- Hector P. Garcia Park Hike and Bike Trail Ordinance- Dr Hector P. Garcia Park Project Budget- r. Hector P. Garcia Hike & Bike Trail Log2j[2��. Hector P. Garcia Park Hike & Presentation- Dr. Hector P. Garcia Hike Hike & Letter of Recommendation- Dr. Hector P. Garcia Park Hike & 12. 17-i573Second Reading Ondinanoe -AmmendingCityCodetonmf|eotthe increase ofemployee's contribution toward dependent premiums (1stReading 1/23/18) Ordinance amending Chapter 39ofthe Corpus Christi Code of Ordinances to revise Article |||. - EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM; providing for severance, pub|ioadon, penalty, and aneffective date. Attachments: Agenda--Memo_-_Amendin_q_Ch__39_ot_Chan_qe__City_share_to 25% Ordinance-Amencrinq_Chapter_39 Code to Revise Art III L. RECESS FOR LUNCH The City Council will take alunch break at approximately/:30p.m. M. PUBLIC HEARINGS: (ITEMS 13 - 14) 13. 1R8-01.K5 Public Hearing and First Reading Ondinanoe -Rezoning property located at9O1Airline Road (Tabled 1/23/18) Case No. 0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors change ofzoning from the ''[}N^ Neighborhood Office District and the ''CN-1^ Neighborhood Commercial District to the "CG-2^ General Commercial District. The property iadescribed aabeing Koo|aide. Block O. Lots 24 and 25 |eaa portion to right-of-way and Lot 26, located atthe intersection ofAirline Road and Go||iharRoad, north of McArdle Road and south ofSouth Alameda Street. Planninq Commission and Staff Recommendation (November 15, 2017): Denial ofthe change ofzoning from the ''[}N^ Neighborhood Office District and the ''CN-1^ Neighborhood Commercial District tothe ''CG-2^ General City v,Corpus oouoo Page Printed vn/12mumo City Council Meeting Agenda-Final January 30,2018 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 Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial 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 0717-01 Alrich Enterprises, DBA Richard Sanchez Motors& BE Ordinance 0717-01 Alrich Enterprises with Exhibit rev Ordinance 0717-01 Special Permit Alrich Enterprises with Exhibit Presentation 0717-01 Alrich Enterprises, DBA Richard Sanchez Motors& Ben Zoning Report 0717-01 Alrich Enterprises Inc, Richard Sanchez Motors with E; 14. 18-0149 Public Hearing and First Reading Ordinance -Rezoning property located at 8101 Slough Road Case No. 1217-02 Dorsal Development, LLC. A change of zoning from "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. The property is described as being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located north of Yorktown Boulevard, east of Rodd Field Road, and west of Roscher Road. Planninq Commission and Staff Recommendation (December 13, 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 Dorsal Development, LLC. ("Owner"), by changing the UDC Zoning Map in reference to the property described as being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to "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 1217-02 Dorsal Development, LLC. Ordinance 1217-02 Dorsal Development, LLC. with Exhibits City of Corpus Christi Paye 7 Printed on 1/29/2018 City Council Meeting Agenda'Final January 3\3O10 Presentation 1217-02 Dorsal Development, LLQ. Legistar Zoning Report 12 7-02 Dorsal Development, LL . with Exhibit '- The following items are motions, resolutions and ordinances that will boconsidered and voted onindividually. 15. 17-i520 Second Reading Ondinanoe -AmmendingCityCodeofOndinanoes, Revising the City's Drought Contingency Plan (Council Priority - Water) (1stReading 1/23/18) Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55. Article}(|| Water Resource Management, regarding water resource management including drought restrictions, providing aneffective date ofFebruary 1. 2O18; and providing for penalties. Attachments: Agenda Memo- Drought Contingency Plan 1 Ordinance- Drought Confinqenc Plan Chan e ARTICLE X11 WATER RP 2018 Drought Contingency Plan 11517withmarkups Revised Ordinance Option-Drought Contingency Plan 012418 Drought Confin Reyjagj2LaLl�����18QCP 11151 0. FIRST READING ORDINANCES: (ITEMS 16 -21) 16. 1R8-0122 First Reading Ondinanoe -Appnopriatingfundsfornmpairstonmdio tower Ordinance appropriating $14.439.73from Radio System Capital Replacement Reserve Fund for repairs to radio tower site transmission lines; amending F`y18operating budget. Attachments: Agenda--memo_-__radio_capital__replacement funds 01.30.2018 Ordinance__-AppropriatiM__Radio__Replacment_funds 2018 17. 1D8-{X}47 First Reading Ondinanoe -C|osinguti|ity easement located south of Yorktown Boulevard between Malamute Drive and Bay Drive Ordinance abandoning and vacating O.157acre ofanexisting utility easement out ofaportion ofRodd Village, Block 2. Lots O.7.8.9and 1O. located south ofYorktown Boulevard between Malamute Drive and Bay Drive and requiring the owner, Hooten Family Trust and Thomas Nathan Clark, tocomply with the specified conditions. Attachments: Agenda-Memo- Rodd VillageEasementClosure Ordinance with Exhibits-Rodd Village Ease me nt Closure City v,Corpus oouoo Page Printed vn/12mumo City Council Meeting Agenda'Final January 3\3O10 Presentation- Rodd Village Easement Closure L 18. 1R8-8{}49 First Reading Ondinanoe -C|osinguti|ity easement located at 4002 and 4018 South Padre Island Drive Ordinance abandoning and vacating O.O44Oacre ofanexisting utility easement out ofGeo J. Merriman Subdivision, Lots 1+Aand 4+A. located at4OO2and 4O18South Padre Island Drive and requiring the owner, Weber Dorado Partners, LLC.. tocomply with the specified conditions. Attachments: Agenda-Memo-Geo J Merriman Ordinance with Exhibits-Geo J Merriman Presentation-Geo J Merriman Lagistar 19' 1R8-0X048 First Reading Ondinanoe -Appnova| ofagnmemmentand appropriating funds for AEL Development, LLC, for the Wastewater Collection Line Extension Construction and Reimbursement Agreement Ordinance authorizing City Manager ordesignee to execute avvaatevvater collection line extension construction and reimbursement agreement (''Agreennent^)with AEL Development, LLC. (''Oeve|oper^), for the construction ofasanitary sewer collection line and appropriating $52.514.9Ofrom the No. 422OSanitary Sewer Collection Line Trust Fund bzreimburse the Developer inaccordance with the Agreement. Attachments: Agenda Mem Airline Estates Ordinance with Exhibits 20' 1D8-{yK}3 First Reading Ondinanoe -Appnopriatingfundsto purchase two Roll-off Trucks for Solid Waste Operations Ordinance appropriating $17O.339.34from the Unreserved Fund Balance inthe Fund 511OFleet Maintenance Service Fund; transferring said funds toand appropriating inFund 42OOWastewater Fund; amending the F`y2017-18operadng budget adopted by Ordinance Number O31255to increase revenues and expenditures; and approving the purchase oftwo Peterbilt roll off trucks from Rush Truck Centers of Texas, L.P.. of New Braunfels, Texas, through the Houston Galveston Area Council of Governments purchasing cooperative, for anamount not toexceed $396.960.00. Attachments: Agenda-Memo- Rolloff Trucks for Solid Waste0pe rations Rev'd Ordinance- Roll Off Trucks for Solid Waste Price Sheet- Roll Off Trucks 21' 1R8-8.K04 First Reading Ordinance -for the Installation ofplayground equipment atA|mmanza, Breckenridge and K0idd|eooffParks City v,Corpus oouoo Page Printed vn/12mumo City Council Meeting Agenda-Final January 30,2018 Ordinance appropriating $64,709.27 from the No.1020 General Fund unreserved fund balance for the purchase and installation of playground equipment at Almanza, Breckenridge and Middlecoff Parks; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase expenditures by $64,709.27; and approving the purchase of the said equipment and installation from The PlayWell Group, Inc. and PlayWorks, Inc., of Dallas, Texas, for an amount not to exceed $251,933.60, via Buyboard. Attachments: Agenda Memo- Playground Equip and Install for Almanza, Breckenridge and M Ordinance- Playground Equip and Installation Almanza, Bareckenridge and Mic Price Sheet- Playground Equip and Installation for Parks.xlsx Photo Exercise Eguipment- Breckenridge Park Photo Playground Unit-Almanza, Breckenridge, and Middlecoff Parks Seryice_Agreement 1506- Installation of Playground Equipment- Breckenridge. Service Agreement 1497- Playground Equipment and Poured-In-Place -Almam Seryice_Agreement 1503- Installation of Playground Equipment-Almanza.pdf Service Agreement 1505- Playground Equipment and Tile Fall Zone-Middlecof Seryice_Agreement 1508- Installation of Playground Equipment- Middlecoff.pdf Service Agreement 1504- Playground Equipment and Poured-In-Place -Brecke P. FUTURE AGENDA ITEMS: (ITEMS 22 -29) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 22. 18-0120 Resolution authorizing submission of grant application to the State for funding available under the Victims of Crime Act (VOCA) Fund to continue the Victim Outreach Program Resolution authorizing submission of grant application for $216,469.70 to the State of Texas, under the Victims of Crime Act with city match of $13,637.43 cash and $40,480 in-kind services. Attachments: Agenda memo VOLA Outreach application 01.30.2018 Resolution -VOCA GRANT 2018 23. 18-0121 Resolution authorizing submission of grant application to the State for funding available under the Violence Against Women Act (VAWA) for prevention of violence against women Resolution authorizing submission of grant application for $54,339.42 to the State of Texas under the Violence Against Women Act with city match of$14,000 cash and $8,280 in-kind services. Attachments: Agenda Memo VAWA application 01.30.2018 Resolution -VAWA GRANT 2018 City of Corpus Christi Page 10 Printed on 1/29/2018 City Council Meeting Agenda'Final January 3\3O10 24' 1D8-01C23 Resolution authorizing submission ofgrant application to the State for funding eligible under the FY 2O17Body-Worn Camera Program Resolution authorizing submission of grant application for $265,116 to the State ofTexas under the F`y2O17Body-Worn Camera Program with city match of$14.999cash and $51.279in-kind services. Attachments: Resolution -FY 2017 Body-Worn Camera Progr m-2018 25' 1R8-8.p41i Five-year Subscription Service Agreement for database software for Risk Management Resolution finding that the purchase ofaclaims database system for the Risk Management Division is sole source procurement; and authorizing a five-year service agreement with Reoordab|ea. Inc. of Venice, Florida, for atotal amount not toexceed $97.437.25. Attachments: Agenda Mem -Claims Database Resolution Sole Source-Claims Database System Se[yj��t 1499 Claims Database for RiLk Management 26' 1D8-{X}42 Construction contract for Barge Dock Improvements (Rebid) (Type A Funds) Motion authorizing aconstruction contract with Grace Paving and Construction, |no.. ofCorpus Christi, Texas, inthe amount of$553.199.17 for the Barge Dock Improvements (Rebid) project for the total base bid plus additive alternates 1 and 2 (TypeA Funds). Attachments: Project Budget- Barge Dock Location Map- Barge Dock REVI ED Presentation- Ba Letter of Recommendation- Barge Dock.pdf 27. 1R8-8067 Service Agreement for HVAC Service and Repair for a one-year not to exceed $66,7OO, with two additional one-year options and atotm| potential multi-year amount of$2OO,1OO Motion authorizing a service agreement with Rapid Air ofCorpus Chriad, Texas toprovide HVAC services and repairs for Corpus Christi Fire Department for atotal amount not toexceed $OO.7OOfor aterm ofone year with the option toextend for two additional one-year periods for apotential multi-year amount of$2OO.1OO. Attachments: Agenda Mem -HVAC ServiceL& Re2airs for CCFD City v,Corpus oouoo Page 11 Printed vn/12mumo City Council Meeting Agenda'Final January 3\3O10 28. 1K8-{yK}0 Supply Agreement for 36months for gate valves for the Utilities Department Motion authorizing a 36-nnonth supply agreement with G jeake. Inc., of Houston, Texas, for Gate Valves for the Utilities Department for atotal amount not toexceed $3O2.589.54. Attachments: Agenda Mem -Gate Valves Bid Tabulation-Gate Valves Supply Agree ent-Gate Valves 29. 1R8-8.K05 Service Agreement Amendment No. 1 for Continual Rental of One Komatsu Dozer for Solid Waste Operations Motion authorizing the City Manager, ordesignee, toexecute Amendment No. 1 to Service Agreement No. 52422 with Waukesha-Pearce Industries, LLC. of Oa||aa. Texaa, for the rental of one Komatsu dozer for Solid Waste Operations for an additional six-month term, as required for public health and safety, for anot toexceed amount of$49.O5Ofor arevised total agreement amount not toexceed of$91.525. Attachments: Agenda Mem -Continual Rental Dozer SW Price Sheet-Continual Rental Dozer SW Amendment No. 1 -SA52422 Dozer SW Q. BRIEFINGS: (ITEMS 30 -35) 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. 30. 1R8-01f64 Convention and Visitors Bureau Presentation - ReDisooverCoasta| Bend Proposal Attachments: Agenda Mem -QVB Presentation on ReQisqq�L�� 31' 1R8-8{}41 Parks & Recreation Department Overview Attachments: Agenda Memo- Parks Updat -JM Presentation- Parks& RecreatioD De2artment-01.26.18 FINAL 32' 1R8-01f60 HEB Tennis Center Attachments: Presentation-Tennis- Parks& Recreation Departme nt_-_O 1.26.18 FINAL 33' 1R8-01j59 Animal Care Services City v,Corpus oouoo Page 12 Printed vn/12mumo City Council Meeting Agenda'Final January 3\3O10 Attachments: Agenda Mem -Animal Care Presentation-Animal Care 1.30.2018 Alanis 34' 1K8-0yi40 Water Quality Projects Update Attachments: Agenda Mem - Presentation Water Quality Projects 35' 1D8-0y1C3 Proposed Annexation Policy Update Attachments: Agenda Mem -Annexation P Presentation-Pro osed Annexation Policy Council Briefing ExLLLjA_jL=Christi Draft Pr2222tq_,���� Exhibit B-Draft Voluntary Annexation Application R. EXECUTIVE SESSION: (ITEMS 36 -38) PUBLIC NOTICE is given that the City Council may elect to0ointo 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 in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting/ncompliance with Chapter 55/ the Texas Government Code. 36' 1R8-8007 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 disposal of waste in Type |VLandfill (as described in3OTAC § 33O.5) located at/near 1435County Road 26 (also known aaGulley-Hurst Landfill) and municipal solid waste fees. 37. 1R8-01.i1 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules ofProfessional Conduct Rule 1.O5 to consult with attorneys concerning legal issues (including TCEQ and EPA regulations) related to reservation agreennent(a) for recycled water, the provision of utility services in industrial diatriota, deaa|inadon, reuae, utility rate deaign, and water and wastewater treatment and distribution and pursuant toTexas Government Code § 551.O87todiscuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have |ooate, 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 proapeot(a). City v,Corpus oouoo Page 13 Printed vn/12mumo City Council Meeting Agenda-Final January 30,2018 38. 18-0156 Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. S. 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. T. ADJOURNMENT City of Corpus Christi Page 14 Printed on 1/29/2018 w 1201 Leopard Street City of Corpus Christi td� � Corpus Christi,TX 78401 �I b, 4 cctexas.com Meeting Minutes City Council Tuesday,January 23,2018 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 11:30 a.m. B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. Pastor Claude Axel gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Dan Grimsbo, Executive Director of Water Utilities. Executive Director of Water Utilities Dan Grimsbo led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley,and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 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. Commendation for Corpus Christi Crime Stoppers - In Recognition of receipt of the Texas Crime Stoppers 2016 Productivity Award. Mayor McComb presented the commendation. 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. ELEVATED STORAGE TANK UPDATES City Manager Rose reported that the two new elevated storage tanks,located at Holly Road and Rand Morgan Road,which will be operational in the Spring of 2018.The purpose of this item is to provide an update on what utility customers can expect when the water towers are operational. Executive Director of Water Utilities Dan Grimsbo stated that the elevated storage tanks will achieve an average pressure between 55 to 60 pounds per square inch to prevent water aging in the water lines and water towers; provide water during emergencies and power outages; and better serve multi-storied buildings now and in the future.The higher pressure could intensify any current leaks or find weak spots in piping. Residents are encouraged to check for potential leaks and adjust the time on their irrigation systems. Mr.Grimsbo presented a map of the location of the four elevated storage tanks that will be taken out of service and the location of the two new elevated storage tanks.The communication plan will be rolled out today to include a flier in upcoming utility bills. In response to a council member, Mr.Grimsbo stated that the new elevated water storage tanks will effect the entire City and all residents should check their water systems for leaks. b. OTHER 1) The Engineering Services Department is inviting the public to attend the grand opening of Bond 2012 Williams Drive Phase 3 Street Improvements from Staples Street to Airline Road on Friday,January 26,2018 in the parking lot of Our Lady of Perpetual Help Church located at 5830 Williams Drive.2)Solid Waste Services has concluded debris collection as a result of Hurricane Harvey. During that time, more than 616,000 cubic yards of debris was collected.The regular brush and bulky collection schedule is underway.Any set out not coordinated with the brush and bulky collection schedule will be subject to enforcement action.Collection schedules can be found at www.cctexas.com.3)The Utilities Department is hosting the annual Xeriscape Symposium on Saturday, February 3,2018 from 8:00 a.m.to 12:00 p.m.at the Del Mar Center for Economic Development located at 3209 South Staples. For more information call 361-826-3583. City of Corpus Christi Paye 2 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 G. MINUTES: 2. Regular Meeting of January 16, 2018 Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Guajardo and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 10) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.Council members requested that Items 3,5 and 7 be pulled for individual consideration.City Secretary Rebecca L. Huerta announced that Council Member Lindsey-Opel was abstaining on Item 5.There were no comments from the public. A motion was made by Council Member Garza,seconded by Council Member Lindsey-Opel,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. Construction Contract for Yorktown Boulevard from Lake Travis Drive to Everhart Road (Bond 2014, Proposition 1) (Council Priority -Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting LP dba Bay, Ltd, of Corpus Christi, Texas in the amount of$2,028,791.86 for Yorktown Boulevard from Lake Travis Drive to Everhart Road for the Base Bid. (Bond 2014 Proposition 1) This Motion was passed on the consent agenda. Enactment No: M2018-011 6. Contract Amendment No. 2 for Allison Wastewater Treatment Plant Lift Station and Plant Improvements (Capital Improvement Plan) City of Corpus Christi Page 3 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to a professional services contract with Urban Engineering, of Corpus Christi, Texas in the amount of$618,902, for a total restated fee of$912,522, for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements for design, bid, and construction phase services. (Capital Improvement Program - CIP) This Motion was passed on the consent agenda. Enactment No: M2018-013 8. Supply Agreement for Brass Fittings for the Water Department (Council Priority -Water) Motion authorizing the City Manager or designee to execute a supply agreement with Ferguson Enterprises, Inc. of Corpus Christi, Texas for Brass Fittings for the Water Department in accordance with Request for Bid (RFB) No. 1362, based on the lowest responsive, responsible bid for a total amount not to exceed $144,149.15, with $32,033.00 budgeted in FY2017-18. The term of this agreement is for 36 months. This Motion was passed on the consent agenda. Enactment No: M2018-015 9. Service Agreement for Debris Removal for one year not-to-exceed amount of$279,510, with two additional one-year options for a potential multi-year amount up to $838,530 Motion authorizing the City Manager or designee to execute a service agreement with CrowderGulf, LLC of Theodore, Alabama for Debris Removal for the City of Corpus Christi in accordance with Request for Bid (RFB) No. 1372, based on the lowest responsive, responsible bid for a total amount not-to-exceed $279,510, 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, by mutual agreement, with a total potential multi-year amount of up to $838,530. This Motion was passed on the consent agenda. Enactment No: M2018-016 10. Resolution creating the Corpus Christi B Corporation and adopting a Certificate of Formation (Council Priority - Economic Development) Resolution finding that it is advisable that the Corpus Christi B Corporation be created as a Type B Corporation under the Development City of Corpus Christi Page 4 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 Corporation Act of 1979 and governed by chapters 501 and 505 of the Texas Local Government Code, approving Certificate Of Formation for the corporation, and specifying the public purposes which the corporation may further on behalf of the City of Corpus Christi. This Resolution was passed on the consent agenda. Enactment No: 031343 3. Professional Services Contract for Parks Master Plan Update Motion authorizing the City Manager, or designee, to execute a professional services contract with Freese and Nichols of Corpus Christi, Texas in the amount of$72,555 for the Parks Master Plan Update. Mayor McComb referred to Item 3,execution of a professional services contract for the Parks Master Plan Update. Director of Parks and Recreation Jay Ellington,City Manager Margie C. Rose and council members discussed the following:whether the master plan will include North Beach; the ability of staff to perform these services in-house; prioritizing expenditure of funds; identifying a new list of parks to be sold;and the costs associated with stakeholders'meetings in the project budget. There were no comments from the public. Council Member Lindsey-Opel made a motion to approve the table this item to allow staff the time to review the plan to streamline the process,seconded by Council Member Vaughn. This Motion was tabled 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 5. Construction Contract for Staples Street from Kostoryz Road to Brawner Parkway (Bond 2012, Proposition 1) (Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc., of Houston, Texas in the amount of$10,715,524.30 for Staples Street from Kostoryz Road to Brawner Parkway for Base Bid 1 (PCC). (Bond 2012 Proposition 1) Mayor McComb referred to Item 5,a construction contract for Staples Street from Kostoryz Road to Brawner Parkway for Base Bid 1. Council Member Lindsey-Opel abstained from this item. Director of Engineering Services Jeff Edmonds and council members discussed the following: appreciation to the Regional Transportation Authority(RTA)board for evaluating the impact of the buses regarding the equipment and bus routes; the RTA buses causing tremendous amount of damage to city streets;the bids received for both concrete and asphalt;a request from a council member to question the RTA on City of Corpus Christi Page 5 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 the use of smaller buses;and the remaining projects to complete Staples Street. Mayor McComb called for comments from the public. Bennie Vickers,J.Carroll Weaver,requested that J.Carroll Weaver be considered to perform the work on this project.Mr.Vickers stated that J.Carroll Weaver was the lowest bidder for Base Bid 2. Council Member Rubio made a motion to approve the motion,seconded by Council Member Smith.This motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Lindsey-Opel Enactment No: M2018-012 7. Construction Contract for LaVolla Creek Drainage Channel Excavation, Phase 1 (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas Anderson Construction of Corpus Christi, Texas in the amount of$1,256,389 for the La Volla Creek Drainage Channel Excavation, Phase 1 project (Capital Improvement Program). Mayor McComb referred to Item 7,a construction contract for La Voila Creek Drainage Channel Excavation, Phase 1 project. Executive Director of Utilities Dan Grimsbo and council members discussed the following topics:excavation of the previous section of La Voila Creek and whether that portion was maintained; a detetion/retention pond at the Corpus Christi International Airport to reduce the water coming downstream;future projects to address La Voila Creek;and the possibility of using the dirt from La Voila Creek at the landfill. There were no comments from the public. Council Member Rubio made a motion to approve the motion,seconded by Council Member Molina.This motion was passed and approved with the following vote: Aye: 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: M2018-014 City of Corpus Christi Page 6 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 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 his observations related to street repair work to fill pot holes located in the 5600 block of Everhart Road. Greg Flores,8241 Liberty Park,San Antonio,Texas, representing Antares Development Corporation,spoke in support of Agenda Item 28, preserving the birth and death records of the City of Corpus Christi.Joel Dixon, 11318 Brendel Lane,spoke regarding an upcoming agenda item related to the closure of Butler Road and recommended an analysis of traffic patterns and speed control devices for the area.Alvin Villarreal, 1133 York,spoke regarding the possibility of establishing a Teen Challenge Christian Ministry in Corpus Christi. Susie Luna Saldana,4710 Hakel,spoke regarding Agenda Items 27,an update related to the Corpus Christi Fire Department Staffing and Item 29,an update related to the Municipal Solid Waste(MSW) Charge: concern from roofing companies regarding the MSW fee and staffing at Fire Station 18. Christy Sitzler,901 Airline,spoke regarding Agenda Item 11,rezoning of property located at 901 Airline Road,and requested on behalf of the applicant to reschedule the item. Lydia Rios,7469 Convair Drive,spoke regarding the growth of Airbnb businesses in cities and Airbnb's background check on customers. Carrie Robertson Meyer,4401 Gulfbreeze,spoke on behalf of the North Beach Community Association and presented a prioritized list of improvements to North Beach and the Association's agenda meeting and minutes.Alissa Mejia,4302 Ocean Drive, provided a list of problems associated with Collier Pool and requested that the City Council provide the Parks and Recreation Department with adequate funding,both for its budget and staff positions,to maintain Collier Pool.Twila Stevens, 13926 Windjammer,spoke in opposition to a proposed dog park at Aquarius Park and action by the Parks and Recreation Advisory Committee to remove Aquarius Park as a dog park site as long as it is not allowed by the Parks Master Plan. Mayor McComb requested to untable Item 3 to allow discussion regarding the Parks Master Plan. K. CONSENT AGENDA: (ITEM 3) 3. Professional Services Contract for Parks Master Plan Update Motion authorizing the City Manager, or designee, to execute a professional services contract with Freese and Nichols of Corpus Christi, City of Corpus Christi Paye 7 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 Texas in the amount of$72,555 for the Parks Master Plan Update. Mayor McComb referred to Item 3,a professional services contract for the Parks Master Plan update. Council Member Lindsey-Opel made a motion to untable Item 3,seconded by Council Member Hunter and passed unanimously. In response to Mayor McComb, Director of Parks and Recreation Jay Ellington stated that Parks Master Plan will address the the criteria for dog parks for all the classes of parks in the system. Council Member Lindsey-Opel made a motion to table Item 3,seconded by Council Member Smith and passed unanimously. 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 returned to comments from the public.Mike Robertson, Berryman Roofing,spoke regarding Agenda Item 29,an update on the Municipal Solid Waste(MSW) Charge,and discussed the cost of pulling permits,charges at the landfill,and requested that the City Council bring this item for a vote.James Skrobarcyzk,714 Oriole,spoke regarding Agenda Item 27,a briefing on Fire Department Staffing,and commented on the cost associated with the Fire Department. Robert Brisco, 601 Miramar,spoke regarding issues related to Collier Pool including the condition of the pool and staffing.John Kelly, 3621 Austin,spoke regarding Agenda Item 7,a construction contract for La Voila Creek Drainage Channel Excavation, Phase 1 including:a history of La Voila Creek; the use of segmented retention ponds; and clearing out the ditch. M. PUBLIC HEARINGS: (ITEM 11) 11. Public Hearing and First Reading Ordinance -Rezoning property located at 901 Airline Road (Tabled 1/23/18) Case No. 0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon, Jr.: A change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property is described as being City of Corpus Christi Paye 8 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street. Planning Commission and Staff Recommendation (November 15, 2017): Denial of the change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial 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 Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial 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 11,rezoning of property located at 901 Airline Road.Interim Director of Development Services Bill Green stated that the applicant's representative has requested that this item be postponed until the January 30,2018 Council meeting. Council Member Garza made a motion to table the public hearing and first reading ordinance to the Janauary 30,2018 City Council meeting beginning at 11:30 a.m.,seconded by Council Member Smith.This motion to table 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 N. REGULAR AGENDA: (ITEMS 12 - 15) 12. Second Reading Ordinance -Amending the Code of Ordinances to Allow a Third-Party Inspection Reporting System (Council Priority -Water) (1st Reading 1/9/18) Ordinance amending Corpus Christi Code of Ordinances, Sections 14-281 & 14-291 authorizing third-party inspection reporting system for backflow preventers; authorizing the execution of a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting City of Corpus Christi Paye 9 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 system, with the option to renew annually with City Council approval; and providing for penalties and publication. Mayor McComb referred to Item 12,amending the City's Code of Ordinance to allow a third-party inspection reporting system. 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 Hunter.This Ordinance was passed on second 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 Enactment No: 031344 14. Resolution authorizing payment of Final Claim Settlement for Oso Golf Course Cart Barn Resolution authorizing payment to Foresight Corpus Christi Golf LLC for final claim settlement of$4,372.00 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. Mayor McComb referred to Item 14,Oso Golf Course Final Claim Settlement. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the resolution, seconded by Council Member Hunter.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: 031346 15. Ordinance -Amending the Capital Improvement Program Budget to add Cefe Valenzuela Landfill 3C Expansion and appropriating funds for the same Ordinance amending the FY 2018 Capital Improvement Program Budget adopted by Ordinance No. 031249 to add Project#E17118 Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion; increasing expenditures in the amount of$823,251; and authorizing the City Manager, or designee, to execute a Professional Services contract with Hanson Professional Services of Corpus Christi, Texas in the amount of City of Corpus Christi Page 10 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 $823,251 for the Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion for design, bid and construction phase services; and declaring an emergency. Mayor McComb referred to Item 15,execution of the professional service contract for the Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion. 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 Hunter.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: 031347 13. Second Reading Ordinance -Creating Restrictions for Barge Dock Parking (1st Reading 12/12/17) Ordinance adding Chapter 53, Section 178 "Barge Dock Parking" to the Corpus Christi Code of Ordinances to prohibit parking at barge dock from 10:00 p.m. to 6:00 a.m.; and providing an effective date, for severance, for penalty and for publication. Mayor McComb deviated from the agenda and referred to Item 13.Assistant City Manager Keith Selman stated that the purpose of this item is to amend the City's Code of Ordinances by creating restrictions for barge dock parking. Assistant City Manager Selman stated that after the first reading, options were evaluated to determine hours,and staff is recommending the ordinance be amended prior to second reading to change the times from 6:00 p.m.to 6:00 a.m.to 10:00 p.m.to 6:00 a.m. Council members spoke regarding the following topics: lighting in the area; exploring options regarding how other communities use architectural design to restrict traffic; concerns regarding restricting parking access to fisherman using the barge dock; complaints from surrounding business related to noise and damage in the area; use of speed control devices in the area;SMG overseeing the opening and closing of the gate on the barge dock;the gate being a short-term solution to restrict parking; the need to find a sustainable long-term solution; data on the number of people using the barge dock; and how SMG will address parking for individuals attending special events in the area. Mayor McComb called for comments from the public.Jim Hopper,4810 Kerrville Drive,spoke regarding the use of the barge dock parking by individuals participating at special events held in the area and asked the City Council reconsider the closing hour. Council Member Molina made a motion to amend the ordinance prior to second reading by changing the parking times to 10:00 p.m.to 5:00 a.m., City of Corpus Christi Page 11 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 seconded by Council Member Lindsey-Opel and passed unanimously, MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing staff to bring back options to address concerns regarding the use of the barge dock in six months or sooner,seconded by Council Member Hunter and passed; Council Member Garza voting"No". Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Hunter.This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 8- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Nay: 1 - Council Member Garza Abstained: 0 Enactment No: 031345 Q. BRIEFINGS: (ITEM 26) 26. Nueces County Appraisal District (NCAD) Presentation Mayor McComb deviated from the agenda and referred to Item 26. Ronnie Canales,Chief Appraiser of the Nueces County Appraisal District(NCAD),stated that the purpose of this item is to provide an update on the anticipated assessed values for the Year 2018.Mr.Canales stated that he previously presented a history of valuations in Corpus Christi over the last five years. Mr. Canales reported that the current valuations are consistent and the City should not see a decline of more than 4%,however,those numbers could be less. The numbers could be the result of Hurricane Harvey. Portions of the cities in outlying areas could have an affect on the City of Corpus Christi. The NCAD has assessed most multi-residential property and a few areas may create a small amount of new improvements.Several new subdivisions are being developed throughout Nueces County,but will not produce a big increase in values for 2018.The NCAD is also dealing with lawsuits by residental,smaller commercial,and industrial property owners,including Flint Hills,that could affect valuations.Mr.Canales provided a brief overview of the Flint Hills lawsuit for years 2016,2017 and possibly 2018.Mr. Canales expressed concern that if Flint Hills does not pay their fair share of taxes,homeowners will be required to carry the burden. Mr.Canales stressed that owners of high-end properties should be referred directly to the NCAD and not discuss taxes with other entities.Tom Wheat, Legal Counsel for the NCAD, Director of Management and Budget Eddie Houlihan,and Director of Financial Services Constance Sanchez were present to respond to questions. Council members and the presentation team discussed the following topics:a decline of 1%to 4%from the current year on assessed values;the forecasted valuations not taking into account the impact of Hurricane Harvey; preliminary numbers provided by the NCAD in April 2018; Flint Hills's plant valuations for last year,the size of the plant,and the number of barrels it processes per day; how the lawsuit with Flint Hills will impact the City of Corpus Christi;the City of City of Corpus Christi Page 12 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 Corpus Christi not receiving taxes from companies in industrial districts; monies paid to the city by Valero under their current Industrial District Agreement; the difference between refunding from the Corpus Christi Independent School District and other entities; budgeting the current budget with flat assessed values; companies in abatement phases;a request from a council member to receive the NCAD's budget letter provided annually to the City; going forward,having discussions with the NCAD when developing abatement agreements;and review of industrial district agreements. R. EXECUTIVE SESSION: (ITEMS 31 AND 33) Mayor McComb deviated from the agenda and referred to Executive Session Items 31 and 33.The Council went into executive session at 2:27 p.m. The Council returned from executive session at 3:52 p.m. 31. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's professional service management agreement for the Corpus Christi Museum of Science and History and potential claims related to repairs to said museum. Mayor McComb referred to Item 31 and the following motion was considered: Motion authorizing execution of an agreement to extend the Professional Service Management Agreement for the Corpus Christi Museum of Science and History with CCMJV, LLC on a month-to-month basis,ending April 30,2018,to allow for negotiation of a future agreement. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Molina.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: M2018-017 33. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the municipal solid waste system service charge, Section 21-47 et seq. of the Corpus Christi Code of Ordinances, state, federal, and local regulation of solid waste disposal and transportation, and federal and state constitutional provisions related to flow control, land development, and municipal charges and fees. Council Member Molina abstained from this item.This E-Session Item was discussed in executive session. City of Corpus Christi Page 13 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 L. RECESS FOR LUNCH The recess for lunch was held during the executive sessions regarding Items 31 and 33. O. FIRST READING ORDINANCES: (ITEMS 16 -20) 16. First Reading Ordinance -Accepting and appropriating a donation for the Corpus Christi Smoke Alarm Program Ordinance authorizing the City Manager or designee to accept a donation from Walmart in the amount of$1,000 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $1,000 from Walmart into the Fire Grant Fund No. 1062. Mayor McComb referred to Item 16. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate a donation in the amount of $1,000 from Wal-Mart to be used to support the Corpus Christi Smoke Alarm Program.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 Hunter.This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 17. First Reading Ordinance -Accepting and appropriating the 2017 Helping Heroes Grant Program funds Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of$10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062. Mayor McComb referred to Item 17. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of $10,000 to be used to purchase a hazardous chemical detector.There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance,seconded by Council Member Hunter.This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 14 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 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 -Amending City Code of Ordinances, Revising the City's Drought Contingency Plan (Council Priority - Water) Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Resource Management, regarding water resource management including drought restrictions, providing an effective date of February 1, 2018; and providing for penalties. Mayor McComb referred to Item 18.Water Resource Manager Steve Ramos stated that the purpose of this item to provide recommend changes to the City's Drought Contingency Plan.Mr. Ramos presented the following information: the purpose of the Drought Contingency Plan;the Drought Contingency Plan recommended changes; the new drought stages;the recommended new trigger points;the impact of the changes on customers;and next steps. Council members and staff discussed the following topics:the public's perception of the City's water supply;the combined capacity of Lake Corpus Christi and Choke Canyon;educating the public on water preservation and understanding the water supply;whether the agreed order requires the City to use the word"drought"as part of the plan; and researching the ability to change the language related to conservation stages. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Garza.This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 19. First Reading Ordinance -Construction Contract for Mary Rhodes Pipeline Protection Upgrade (Capital Improvement Program) (Council Priority -Water) Ordinance rejecting the apparent low bid of Down South Field Services, Inc. as non-responsive and authorizing the City Manager to execute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of$525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. City of Corpus Christi Page 15 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 Mayor McComb referred to Item 19. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to reject the apparent low bid from Down South Field Services,Inc.as non-responsive and authorize the execution of a contract with Integrated Corrosion Companies,Inc.as the lowest, responsive/responsible bidder in the amount of$525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. The bid from Down South Field Services,Inc.was deemed non-responsive due to failure to properly submit the required bid bond.Staff and the design engineer analyzed the remaining bid from Integrated Corrosion companies,Inc.and discovered a mathematical error with the mobilization unit price.The correction was acknowledged by Integrated Corrosion Companies, Inc.and corrected.A council member thanked staff for moving forward with this project.There were no comments from the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter.This Ordinance was passed on first reading and approved with the following vote: Aye: 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 - Lease Agreement for the 2018 Fiesta De La Flor Event(Council Priority - Economic Development) Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2018 Fiesta de la Flor event and related activities to be held on April 13, 2018 and April 14, 2018, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. Mayor McComb referred to Item 20. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau (CVB)for the 2018 Fiesta de la Flor event to be held April 13,2018 and April 14,2018.There were no comments from the public. Paulette Kluge,CVB, responded to questions regarding the festival's presenting sponsor,Citgo Refining,and the music line-up for the event. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn City of Corpus Christi Page 16 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 Abstained: 0 N. REGULAR AGENDA: (ITEM 15) 15. Ordinance -Amending the Capital Improvement Program Budget to add Cefe Valenzuela Landfill 3C Expansion and appropriating funds for the same Ordinance amending the FY 2018 Capital Improvement Program Budget adopted by Ordinance No. 031249 to add Project#E17118 Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion; increasing expenditures in the amount of$823,251; and authorizing the City Manager, or designee, to execute a Professional Services contract with Hanson Professional Services of Corpus Christi, Texas in the amount of $823,251 for the Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion for design, bid and construction phase services; and declaring an emergency. Mayor McComb deviated from the agenda and returned to Item 15,a professional services contract for the Cefe Valenzuela Landfill Section 3C Disposal Cell Expansion.A council member commented that the proposed cell expansion has a five-year life for a cost of$7.5 million to be paid over 20 years. Director of Solid Waste Operations Lawrence Mikolajczyk explained that projects at the Cefe Valenzuela Landfill have historically been financed on 20-year note.Mr.Mikolajczyk reported that the lifetime of the Cefe Valenzuela Landfill is 100 years. O. FIRST READING ORDINANCES: (ITEMS 21 -22) 21. First Reading Ordinance -Construction Contract for the Dr. Hector P. Garcia Park Hike and Bike Trail (Bond 2012) Ordinance appropriating $264,000 of anticipated revenue from the Texas Department of Transportation in Fund No. 3280 for the Dr. Hector P. Garcia Park Hike and Bike Trail; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance No. 031249 to increase revenues and expenditures by $264,000; and authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting, LLC., of Corpus Christi, Texas in the amount of$305,106.60 for the Dr. Hector P. Garcia Park Hike and Bike Trail project for the base bid. (Bond 2012) Mayor McComb referred to item 21. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to appropriate$264,000 of anticipated revenue from the Texas Department of Transportation for the Dr. Hector P.Garcia Park Hike and Bike Trail.Mr. Ellington presented the project's location,scope of work and construction schedule. There were no comments City of Corpus Christi Page 17 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 from the Council or the public. Council Member Hunter made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel.This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 22. First Reading Ordinance -Amending City Code to reflect the increase of employee's contribution toward dependent premiums Ordinance amending Chapter 39 of the Corpus Christi Code of Ordinances to revise Article III. - EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM; providing for severance, publication, penalty, and an effective date. Mayor McComb referred to Item 22. Director of Human Resources Steven Viera stated that the purpose of this item is to amend the City's Code of Ordinances, Chapter 39,to reflect the increase in employees'contributions toward dependent premiums from 50%to 75%,thus reducing the City's portion to 25%. There were no comments from the public.Assistant City Secretary Paul Pierce announced that Council Member Hunter abstained on this item. Council members and staff discussed the following topics:the reduction of benefits for general employees and options to elevate or lower the amounts; the request for proposal (RFP) process for a new network provider administrator;the new Wellness Coordinator; utilization of the clinic by dependents;an increase in clinic visits and the new Teledoc program; continuing to communicate to employees about health care programs; the City's contribution of 50%in prior years; and that the purpose of this amendment to the code is to reflect the changes that occurred October 1,2017. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Molina.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Hunter P. FUTURE AGENDA ITEMS: (ITEMS 23 -25) Mayor McComb referred to Future Agenda Items.City Manager Margie C. Rose stated that staff had planned presentations on Items 24 and 25.A council member requested information on Item 23. Mayor McComb announced that he was recusing himself from the discussion on Item 24. City of Corpus Christi Page 18 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 23. Purchase of Five Utility Terrain Vehicles for Beach Operations Motion authorizing the City Manager, or designee, to purchase five Kubota RTV-X900G-A utility terrain vehicles for beach operations from Ewald Kubota, of Corpus Christi, Texas, based on Request for Bids No. 272 based on the lowest responsive, responsible bid for an amount of $80,585. This Motion was recommended to the consent agenda. 25. Resolution Directing Use of$3.4 Million Dedicated to Residential Streets (Council Priority -Streets) Resolution directing the City Manager to spend $3,400,000 for residential street reconstruction in accordance with Option No. 3 discussed at the December 19, 2017 City Council Meeting. This Resolution was recommended to the consent agenda. 24. Construction Contract for Police Vehicle Impound Yard and Garage Phase 2 (Bond 2012, Proposition 7) Motion authorizing the City Manager, or designee, to execute a construction contract with Barcom Construction, Inc., of Corpus Christi, Texas in the amount of$779,279.78 for the Police Vehicle Impound Yard and Garage Phase 2 (Rebid) project for the base bid and additive alternate one. (Bond 2012, Proposition 7) This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 27 -30) 28. Preserving the Birth and Death Records of the City of Corpus Christi Mayor McComb deviated from the agenda and referred to Item 28. Director of Public Health Annette Rodriguez stated that the purpose of this item is to present information on preserving the birth and death records of the City of Corpus Christi.Ms. Rodriguez presented the following:the presentation format; an introduction on preservation efforts;vital statistics background;a proposed strategy;the estimated pricing and costs;and additional considerations. Council members and staff discussed the following topics: how long the state will allow local jurisdictions to charge an additional $1 per certificate issued to be used in preservation efforts for records; the process currently used by the Health Department to provide records; concerns associated with the cost of preservation;the cost associated with archiving records in the City Secretary's Office; current maintenance of older records;the reasons it is important to utilize a database in different ways;the state setting rates that local City of Corpus Christi Page 19 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 jurisdictions can charge; and pricing determined by a formal Request for Proposal (RFP)to be awarded by City Council. 27. Corpus Christi Fire Department Staffing Update Mayor McComb referred to Item 24.City Manager Margie C. Rose stated that the purpose of this item is to provide a follow-up on the direction by City Council from the December 12,2017 to come back with staffing options.City Manager Rose presented the following options: 5 per year for 3 years (5/5/5);9 in year 1,3 in year 2,and 3 in year 3(9/3/3);and an alternate option: 6 in year 1, 5 in year 2,4 in year 3 (6/5/4).City Manager Rose provided the following information:the existing obligations of the collective bargaining agreement; the additional staffing plans and potential budgetary impacts; a side-by-side comparison of each option;the proposed revenues; potential reductions from the General Fund;a five year revenue history for the Fire Department; and the Fire Department's budget versus actual history.The presentation team included: Director of Management and Budget Eddie Houlihan;Assistant City Manager Sylvia Carillo-Trevino; Fire Chief Robert Rocha; and Assistant Fire Chief Kenneth Erben. Council members and the presentation team discussed the following topics: the City Manager's recommendation;the budgetary impact to the General Fund;the costs associated with the Fire and Police collective bargaining agreements; concern regarding ad valorem taxes; improvements to the Fire Department's response times; how to find a solution to address Fire Department staffing as the City continues to grow;the reason revenues were not included in the option charts; operation costs for Fire Station 18 not being included in the bond package;whether the Texas Ambulance Supplemental Payment Program(TASPP)is subject to annual appropriation;when TASPP funding will be available; outsourcing of Emergency Medical Services (EMS)or fire components;solutions to reduce fire trucks being dispatched to all emergency service calls; consideration to have ambulance services only at certain fire stations; the Fire Department's catastrophic losses in their health plan;the Fire Department's continuing efforts to identify revenue sources;staff presenting an option that is doable to address staffing; City services that would need to be reduced to accommodate additional staffing; the City not having had a staffing plan for Fire Station 18;the impact of utilizing existing staff from Fire Station 1 to staff Fire Station 18; how the Fire Department currently addresses large incident responses;the expected revenue generated in 2017; user fee recommendations;whether there is a national standard on the number of firefighters; legal ramifications for having a lower level of firefighters than the national standard; safety standards; the use of zero-based budgeting;what the organization can sustain;the condition of the streets impacting response times;the number of calls at each fire station; concern regarding bond ratings;and TASPP funding staying in the Fire Department's budget. Mayor McComb called for a brief recess at 7:05 p.m. Mayor McComb reconvened the Council meeting at 7:20 p.m. 29. Municipal Solid Waste (MSW) Charge Update City of Corpus Christi Page 20 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 Mayor McComb referred to Item 29. Director of Solid Waste Operations Lawrence Mikolajczyk stated that the purpose of this item is to provide an update on the Municipal Solid Waste(MSW)System Service Charge.Mr. Mikolajczyk presented the following information: background on the MSW charge; how other cities charge fees;the change regarding when the fee is collected,that occurred October 9,2017,when Development Services Department began collecting the fee at the time a permit is issued;a permit comparison of 2016 versus 2017; and residential and commercial roofing permits for 2016 versus 2017. Council members and staff discussed the following topics:the collection change on October 9,2017;the fee being established in 2001;the decision to implement the change in October 2017 began in May 2017 prior to Hurricane Harvey;the timing of changing the collection process;the efficiency and reliability of collecting the fee when the permit is issued; a reimbursement mechanism for local roofers that were impacted by the change in collection for existing contracts; roofers that were dumping at Gulley-Hurst were not charged MSW fees;and clarification on the fee structure. 30. Bayfront Master Plan Mayor McComb referred to Item 30.Assistant City Manager Keith Selman stated that the purpose of this item is to provide a comprehensive history of the Bayfront Master Plan.Mr.Selman presented the following information: a snapshot of City Council discussions regarding Bayfront Development Plan Phase 3; Bond 2008 ballot language;supplemental information provided to the public regarding Bond 2008 Bayfront Development Plan Phase 3; the design of the Bayfront Master Plan approved in 2004; media reports following the approval of the Bayfront Master Plan in 2004 showing the realignment of Shoreline Boulevard;a comparison of the Bayfront Master Plan in 2004 and the design presented to City Council in 2010 when the design contract was awarded to HDR;Shoreline Realignment options presented to City Council in 2014;an exhibit used in March 2015 updating the City Council on Phase 3; the proposed conceptual plan presented in March 2016; stakeholder outreach once the contract was awarded for the design build of the park held May 3,2016; bollard installation;traffic count data;and the resolution stakeholder's reached during a meeting on January 22,2018. Council members and staff discussed the following topics:the installation of the bollards on the north side of Cooper's Alley;the issue of illumination;the stakeholders'resolution; designating the area as public space; removal of traffic signals and replacing stop lights;a list of the stakeholders group;what prompted the study; confirmation by Assistant City Manager Selman that Mayor McComb did not direct staff to do a traffic study;who authorized the placement of the gates without City Council approval; comments made at a previous council meeting that Shoreline Boulevard had been closed for two years;the number of pedestrian accidents that have occurred in the area;and staff accountability. R. EXECUTIVE SESSION: (ITEMS 32 AND 34) Mayor McComb referred to Executive Session Items 32 and 34.The Council went into executive session at 8:26 p.m.The Council returned from executive session at 9:14 p.m.Assistant City Secretary Paul Pierce stated for the record City of Corpus Christi Page 21 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 that Council Member Molina abstained from Executive Session Item 33 discussed earlier in the meeting. 32. Executive Session pursuant to Section 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 natural gas utility system. This E-Session Item was discussed in executive session. 34. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and potential creation of entities that could provide or assist in the provision of the aforementioned services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said business prospect(s). Mayor McComb referred to Item 34 and the following motion was considered: Motion to authorize the City Manager to execute an Interlocal Agreement between the Port of Corpus Christi Authority of Nueces County,Texas and the City of Corpus Christi,Texas regarding Professional Services for Evaluation of Desalination Plant in a total amount not to exceed$100,000. Council Member Smith made a motion to approve the motion,seconded by Council Member Garza.This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2018-018 City of Corpus Christi Paye 22 Printed on 1/26/2018 City Council Meeting Minutes January 23,2018 S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. Council Member Lindsey-Opel made a motion requesting to place an item on the January 30,2018 City Council agenda to address the City Manager's contract, seconded by Council Member Vaughn. There was consent of the council members to place this item on the agenda. T. ADJOURNMENT The meeting was adjourned at 9:16 p.m. City of Corpus Christi Page 23 Printed on 1/26/2018 Se 00 Nc1852AGENDA MEMORANDUM Future Item for the City Council Meeting of January 16, 2018 Action Item for City Council Meeting January 30, 2018 DATE: 1/5/2018 TO: Margie C. Rose, City Manager THROUGH: Keith Selman, Assistant City Manager Keith Se(o-)-cctexas.co m 361-826-3898 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB�cctexas.com 361-826-3021 Homebuyer Assistance Program Amendment No. 1 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. CAPTION: Motion to approve an amendment to the agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program and increasing expenditures in the Business and Job Development Fund No. 1140 by $100,000. PURPOSE: The purpose of the motion is to approve amendment No. 1 between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for the Homebuyer Assistance Program which is administered by the Housing and Community Development Department. BACKGROUND AND FINDINGS: During the January 15, 2018 Type A Board Meeting, the Board approved a motion to transfer $100,000 into the Homebuyer Assistance Program line item under the Type A Board Affordable Housing Program. Also motioned on this date was an approval to execute amendment No. 1 between the Type A Board and the City of Corpus Christi for the administration and management of the Homebuyer Assistance Program. The agreement covers the term from February 1, 2018 to March 31, 2018, whereas the Board will receive quarterly updates regarding the Homebuyer Assistance Program. The total amount covered by amendment No. 1 is $100,000. On May 23, 2017, the City Council approved the original agreement between the City of Corpus Christi Business and Job Development Corporation and the City of Corpus Christi in the amount of$220,000 for the administration of the Homebuyer Assistance Program. The City's Housing and Community Development Department requested an additional $100,000 from the Corporation to continue the program and provide down payment assistance to additional people for the purchase of affordable housing in the City. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal Housing and Community Development FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2017-2018 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $100,000 $100,000 BALANCE 1 $100,0001 1 $100,000 Fund(s): Comments: Financial Impact will be on the funding of the Type A Board funding. RECOMMENDATION: Staff recommends that the City Council approve amendment No. 1 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Amendment No. 1 AMENDMENT NO. 1 AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM — HOMEBUYER ASSISTANCE PROGRAM Whereas, on May 23, 2017, the Corpus Christi City Council approve an agreement between the Corpus Christi Business and Job Development Corporation (the "Corporation") and the City of Corpus Christi (the "City"), which agreement had been approved by the Corporation's Board of Directors (the "Type A Board") on April 10, 2017. Whereas, the City is requesting additional funding of $100,000 from the Corporation to continue the program and provide down-payment assistance to additional people for the purchase of affordable housing in the City; and Whereas, the Type A Board wishes to provide additional funding to this program so that it may continue without interruption. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Paragraph 1 of the Agreement is hereby amended to read in its entirety as follows: "Agreement to Provide Affordable Housing Services. This Agreement between the Corporation and the City is executed to implement the promotion and development of an affordable housing project described in Exhibit "A" and incorporated in this Agreement by reference. The parties have approved this Agreement in an amount not to exceed $320,000, of which up to $20,000 will reimburse City for staff time in implementing the Project. The parties have agreed that $300,000 will be used to implement the Project and to process applications from the citizens for funds under the Project. In addition to the $300,000 funded by this agreement, the parties agree that the City will use any funds left over from previous agreements for this program to implement the Project and to process applications from the citizens for funds under the Project. The funds provided under this agreement may not be used for any other projects or to reimburse the City for any staff time which is unrelated to this Project. Any funds not used for the implementation of the Project will be returned to the Corporation." 2) All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. This Amendment becomes effective upon execution by all parties and approval of City Council. EXECUTED IN DUPLICATE ORIGINALS this day of , 20_7 by the authorized representative of the parties. CORPUS CHRISTI BUSINESS & CITY OF CORPUS CHRISTI JOB DEVELOPMENT CORPORATION Bart Braselton Samuel Keith Selman President Assistant City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Aimee Alcorn-Reed Kent Mcllyar Assistant City Attorney Assistant City Attorney Attorney for Corporation Attorney for City Housing Department Sc o� A AGENDA MEMORANDUM v NCORPOR` Future Item for the City Council Meeting of January 23, 2018 1852 Action Item for City Council Meeting of January 30, 2018 DATE: January 23, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEIIL@cctexas.com (361) 826-3464 Jim Davis, Director of Fleet Maintenance Ilmd(cDcctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2&cctexas.com (361) 826-3169 Purchase of Utility Terrain Vehicles for Beach Operations CAPTION: Motion authorizing the City Manager, or designee, to purchase five Kubota RTV-X900G- A utility terrain vehicles for beach operations from Ewald Kubota, of Corpus Christi, Texas, based on Request for Bids (RFB) No. 272 based on the lowest responsive, responsible bid for an amount of$80,585. PURPOSE: This item is to approve the purchase of utility terrain vehicles for beach operations. BACKGROUND AND FINDINGS: The purchase of five utility terrain vehicles for beach operations are replacement units for those utility terrain vehicles that were destroyed during the 2017 Hurricane Harvey event. The purchase of the five utility terrain vehicles will be used by the Parks and Recreation Department's Beach Division for everyday operations by Beach Operations staff members. Three will be used for Turtle Patrol and two will be used by beach parking permit sales staff members. The Purchasing Division advertised and released RFB No. 272 to solicit bids. One company submitted a bid; staff conducted an online price comparison looking at ATV.COM and Kubota Tractor Corporation and as has established that the bid submitted was fair and reasonable. Staff recommends award to Ewald Kubota. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks & Recreation and Fleet Maintenance Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $254,195.00 $0.00 $254,195.00 Encumbered / Expended Amount $104,952.00 $0.00 $104,952.00 This item $80,585.00 $0.00 $80,585.00 BALANCE $68,658.00 $0.00 $68,658.00 Fund(s): State HOT Beach Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID NO. 272 BUYER: ROBERTA ORTIZ UTILITY TERRAIN VEHICLES FOR BEACH OPERATIONS Ewald Kubota Corpus Christi, Texas UNIT EXTENDED ITEM DESCRIPTION Unit Qty PRICE PRICE 1 Kubota RTV-X900G-A Utility Terrain Vehicle EA 5 $16,117.00 $80,585.00 TOTAL: $80,585.00 SC 00 � 0 E AGENDA MEMORANDUM NCORPORP11 Future Item for the City Council Meeting of January 23, 2018 1852 Action Item for the City Council Meeting of January 30, 2018 DATE: January 26, 2018 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Mike Markle, Police Chief mikema@cctexas.com (361) 826-2601 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Police Vehicle Impound Yard and Garage Phase 2 Bond 2012, Proposition 7 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Barcom Construction, Inc., of Corpus Christi, Texas in the amount of $779,279.78 for Police Vehicle Impound Yard and Garage Phase 2 (Rebid) project for base bid and additive alternate one (Bond 2012, Proposition 7) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Police Vehicle Impound Yard and Garage Phase 2 project. BACKGROUND AND FINDINGS: This project was approved in Bond 2012 Proposition 7 Safety Improvement Projects by the community in a general election held on November 6, 2012. Bond 2012 Brochure Description: "This project proposes the expansion of the current vehicle impound lot, including a 2,700 sq. ft. forensics garage for investigative work on vehicles and holding area for vehicles involved in crime scenes." The Police Department requires a secured location and facility to perform Forensics Investigations on vehicles involved in crime. This project provides the location and a facility to conduct investigations and properly establish chain of custody and store evidence. The Phase 2 project converts the existing parking lot and constructs a new pre-engineering metal building for use by the Police Department. The project was previously bid in July 2015 with all six bids substantially exceeding project budget and estimate. The scope was revised and additional funding requested to achieve minimum standards required for this facility. The following is the revised scope: Project Scope: The Police Vehicle Impound Yard and Garage project constructs a new 2,700-square-foot metal building with two vehicle bays (2,100 SF) and a secured evidence storage room with a small laboratory with sink & vent hood (600 SF). The new facility includes four lockable vehicular overhead doors with a small air compressor and associated piping for tool operations with miscellaneous lighting, electrical services etc. The project also rehabs the existing 17,300 SF Hot-Mix-Asphalt-Concrete parking lot to accommodate building functions and required drainage improvements. The project was bid with a Base Bid with two Additive Alternatives as follows: Base Bid — Includes new metal building and rehab of existing asphalt parking lot. Additive Alternatives No. 1 and 2 provide two building foundation alternatives to maximize competition and cost effectiveness. Additive Alternate 1 —Slab foundation on grade with over excavation of expansive soils down to three (3) feet below existing grade Additive Alternate 2 — Pier Supported foundation with suspended slab and drilled piers On December 6, 2017, the City received proposals from four (4) bidders with only two bids determined to be responsive and accurate as follows: Additive Additive Alternate No. Base Bid and Alternate No. 1 2 (Pier Additive (Slab on Grade Supported Alternate Contractor Base Bid Foundation) Foundation) No. 1 Total Barcom Construction, Inc. Corpus Christi, Texas $685,829.84 $93,449.94 $153,071.75 $779,279.78 Progressive Structures, Inc. Corpus Christi, Texas $846,999.98 $99,787.00 $98,876.00 946,786.98 Engineer's Opinion of Probable Construction Cost $535,232.00 $81,500.00 $79,500.00 $619,732.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Freese & Nichols was selected for professional engineering services by RFQ No. 2008-05 dated December 17, 2008. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Budget and Fiscal Year Expenditures 2017-2018 Current Year Future Years TOTALS Budget $1,060,935.58 $1,060,935.58 Encumbered / Expended Amount This item 779,279.78 779,279.78 Future Anticipated 265,009.39 265,009.39 Expenditures This Project BALANCE $16,646.41 $16,646.41 Fund(s): Bond 2012 Public Health & Safety, PH01 Law Enforcement Trust fund Easement ROW Comments: N/A RECOMMENDATION: City staff and design engineer, Freese and Nichols, Inc., recommend construction contract award to Barcom Construction, Inc., of Corpus Christi, Texas in the amount of $779,279.78 for Police Vehicle Impound Yard and Garage Phase 2 (Rebid) Project for Base Bid plus Additive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE Police Vehicle Impound Yard and Garage, Phase 2 Bond 2012 Proposition 7 - Public Safety Improvements PROJECT FUNDS AVAILABLE: Bond 2012 Proposition Seven................................................................................... 700,000 WastewaterCI P.................................................................................................... 27,463 WaterCIP............................................................................................................ 31,972 Easement Right of Way Revenue............................................................................. 78,646 Drug Forfeiture Fund............................................................................................... 222,854 TOTAL FUNDS AVAILABLE.................................................................................... $ 1,060,935 FUNDS REQUIRED: Construction Fees:................................................................................................. 818,244 Construction (Barcom Commercial) THIS ITEM.................................... 779,280 Contingency (5%)............................................................................. 38,964 Construction Inspection and Testing Fees:.................................................................. 31,478 Construction Inspection TBD (3%)....................................................... 23,378 Construction Phase - Materials Testing Services .................................... 8,100 Design and Geotechnical Fees:................................................................................ 135,120 A/E Contract (Freese and Nichols).................................................. 110,168 Amendment No. 1 (Freese and Nichols).......................................... 5,908 Amendment No. 2 (Freese and Nichols).......................................... 19,044 Contract Management, Reimbursements and Miscellaneous:.......................................... 59,446 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget).......... 23,378 Engineering Services (Project Mgt)..................................................... 35,068 Misc. (Printing, Advertising, etc.)........................................................ 1,000 TOTAL................................................................................................................ $ 1,044,288 ESTIMATED PROJECT BUDGET BALANCE............................................................. 16,646 181 NUECES BAY c NO'QR/p0� SCALE: N.T.S. SHIP CHANN CORPUS CHRISTI � I Qom � LEOPARD O a z e o <p 2ss CORPUS CHRISTI BAY � ORGP O 3580 M �2�° ���o��� PROJECT LOCATION ,`o 0 00 TEXAS A&M UNIVERSITY off NO<<Y CORPUS CHRISTI O� Q 358 ZZ C Q� �SgRgr°cq��m Q'r� �Rp�F O BCO NISS � CORPUS FIELD i OSO BAY a NAVAL All Qv Q O Qv Q° o FLOUR BL � = 358 286 OSO QQo W �Q Z J OAF U� C F a Q 2 Y + 40 002 OR�rO GQ� �Q- wN LOCATION MAP NOT TO SCALE Project Number: E12126 Police Vehicle Impound CITY COUNCIL EXHIBIT Yard and Garage (Phase 2) CITY OF CORPUS CHRISTI,TEXAS ` DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Police Vehicle Impound Yard and Garage Phase 2 (Bond 2012, Proposition 7) Council Presentation January 23, 2018 r �9))) Project Location Corpus CNr'stl Engineering Y LEOPARD N ti SCAf.C:N.T.S. 4 2 44 �aQaw CORPUS CHRISTI HAY O h 286 a M GM 0 spa ,n y POLICE VEHICLE IMPOUND 4qa 4w3 YARD AND GARAGE(PHASE 2) N� 0 TO UNI 'y 00 ry 4 359 CABANISS ry CSO FIELD Q, 0 4� 2 Project Vicinity ?\ Corpus erw » @m©mm \ ® : � ^ y � � . : ' y } \ � /•< . �\<�\ / � � ` , - « » VON Project Site Plan Corpus CNrsti r Engineering I I f z. tl I LN N Project Scope Corpus CNrstl ' Engineering This project includes the following: • New 21700 SF metal building • 21100 SF for Forensics • 600 SF of Preparation and Evidence • Four (4) overhead doors for vehicle bays • Vehicles involved in crime scenes will be taken there for forensics to gather evidence • Reconstruction of existing asphalt parking lot • 17,300 SF Project Schedule p d� y . . Corpus CNrstl Engineering 2017 • N D J F M A M J J A S O N Bid/ Award Projected Schedule reflects City Council award in January 2018 with anticipated completion in November 2018. c� I 1 1 In 00 N.uoIlliruelv .nSu'u .C90N - Corpus IlvusVnTa¢as' 0 '° 951. 50x6 ...!!»6 . 1 �r« I��,�^.tt��,� December 14, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469 Re: Police Vehicle Impound Yard and Garage—Phase 2(Bond 2012) Re-Bid City Project No. E12126 Mr. Edmonds: The City of Corpus Christi received four(4) sealed bid proposals for the above referenced project on December 6, 2017 at 2:00 p.m. at the City Secretary's office. The project bid included a base bid for the construction of a new Forensics Building and associated site and utility work. There were two additive alternate bid items included in the project for a slab on grade foundation and a drilled pier supported foundation. Attached are the bid tabulations of the four(4) bid proposals. We have received and reviewed the Statement of Experience of the three (3) lowest bidders and have found them to be satisfactory. Only three of the bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. One (Gourley Construction)was deemed non-responsive by the City's Legal Department. Additionally, Mo-Con Services requested to withdraw their bid and the City reviewed and accepted their request. The bid breakdown for the four bidders is shown on the attached Tabulation of Bids, and are summarized below: Bidder Base Bid Add.Alt. 1— Add.Alt.2— Slab on Grade Pier Supported Foundation Foundation Mo-Con Services, Inc.* $486,222.73 $91,795.00 $110,000.00 Barcom Construction, Inc. $685,829.84 $93,449.94 $153,071.75 Gourley Construction, $794,738.52 $101,409.38 $96,764.42 LLC.** Progressive Structures, Inc. $846,999.98 $99,787.00 $98,876.00 * Bid Withdrawn ** Bid deemed non-responsive Barcom Construction, Inc. is the apparent low bidder for the project after the withdrawn bid by Mo-Con Services, Inc. Barcom's lowest cost foundation option is Additive Alternate No. 1—Slab on Grade Foundation. December 13, 2017 Page 2of2 Therefore, FNI recommends that the City award the construction contract for Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid (City Project No. E12126)to Barcom Construction, Inc. of Corpus Christi,Texas in the amount of$779,279.78 for Base Bid and Additive Alternate No. 1. If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Aert—'_ /)-"— I f E . Shane Torno, P.E., P.M.P. Attachments: Tabulation of Bids TABULATION OF BIDS FREE SE AND NICHOLS,INC. h:ssys,ni Bnse Bi ,ssra,rai Bn-Bi— Id—Aft.1 nim Aaa.rani POLICE VEHICLE IMPOUND YARD AND GARAGE-PHASE 2(Blnl 20121 R ii n� rices nc. Bnscom ons N ion,nc. n ra ors sne N ores nc. t Frynn Fxwr e. err ne .n assn or— P.O..' 7-6 CITY PROJECT NO.E12126 Con-Chnii1i,TX—11 Cor­Chnii1i, QTY. UNIT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT BASEBID-PARTA:GENERAL Al Meal"fian LS 1 $14,30000 $14,30000 $2,940]8 $2,940]8 $45,47200 $45,47200 $11,02000 $11,02000 A2 Banfract.,Han.Office Overh.hd h,d Prafk(H0H) LS 1 $60 5)0 00 $60 500 00 $000 $000 $7,840 00 $7,840 00 $4,785.00 $4,785.00 A3 Field Office Overhead(FOH) LS 1 0000$33 $330000 $2940]8 $2940]8 $10332000 $10332000 $1740000 $1740000 A4 Payment and Performance Bands LS 1 $1100000 $1100000 $1615513 $1615513 $1245527 $1245527 $1096500 $1096500 A5 Insurance LS 1 $11,00000 $11,00000 $10,83871 $10,83871 $20,57888 $20,57888 $2,55200 $2,55200 A6 Pe— LS 1 $4,40000 $4,40000 $8,31091 $8,31091 $5,29200 $5,29200 $3,51500 $3,51500 A7 Darnall- LS 1 $9,883.00 $9,883.00 $2,55]_20 $2,55]_20 $24,19200 $24,19200 $8,83900 $8,83900 Subtotal Pan'A'Items Al-A7 $114,383.00 $43,743.51 $219,150.15 $59,076.00 BASEBID-PARTB:PAVINGIMPROVEMENTS 11 She Blearing Stripping and Grading SY 2,200 $449 $9,171W $145 $3,190.00 $1008 $22,1]000 $128 $2,816W B2 Temporary 6High C...fiucfian Fencing LF 260 $18.15 $4,]1900 $738 $1,91880 $551 $1,43260 $652 $1,695.20 B3 12"Compacted Subgrad. SY 1,880 $104 $1,95520 $575 $10,81000 $447 $8,40380 $336 $6,31680 B4 Geagrid(Tensar TX S) SY 1,880 $455 $8,55400 $1036 $19,47680 $1008 $18,95040 $499 $9,38120 BS 8"C—hed Limestone Flexible Bas.(Type A Grade i-2) SY 1,880 $1753 $32,95640 $2071 $38,93480 $18.14 $34,10320 $1972 $37,07360 B6 Prime Baat(0.15 Gal/SY) GAL 282 $862 $2,43084 $680 $1,91760 $556 $1,56792 $551 $1,55382 B7 21/2"HMABP(Type'D') SY 1,929 $2333 $45,00357 $24.16 $46,60464 $21.13 $40,75977 $2343 $45,19647 B8 4"Painted Parking Sdiipes(Yell-) LF 300 $161 $48300 $320 $96000 $280 $84000 $064 $19200 B9 Handicap Perking Symbol EA 1 $9790 $9790 $63.93 $63.93 $5600 $5600 $5880 $5880 B10 Handicap Parking Sign EA 1 $31845 $31845 $28128 j $28128 1 $28000 j $28000 1 $32480 $32480 B11 Concrete Wheel Steps 225 $7673 $15346 $11187 $22374 $84.00 $16800 $7540 $15080 B12 Ozone Day $1,33073 $2,66146 $15982 $31964 $1,68000 $3,360.00 $58000 $1,160.00 B13 Silt Fence far Stern Water Pollution Prevention $330 $2,24480 $639 $4,34520 $448 $3,04640 $4.12 $2,80180 B14 Sediment Bantral Lag $55315 $13,82875 $1023 $25575 $1120 $28000 $365 $125 Subtotal Pan'B'Items Bl-614 $125,284.03 $129,302.18 $135,423.89 $108,811.54 BASEBID-PARTC:WATERDISTRIBUTION IMPROVEMENTS [C2 2"Sch_40PVBWatehin. LF 104 $1195 $124280 $46.03 $478712 $1400 $1456.00 $41 D6 $4343.04 2"45°PVC Bend EA 2 $23100 $46200 $10228 $20456 $16800 $33600 $9280 $18560 2"Water Service Bann ectian EA 1 $192500 $192500 $536995 $536995 $280000 $280000 $487200 $4872008"x 6"Ta in Sleeve EA 1 $3 13500 $31300 $6 648.51 $6648.51 $10 640 00 $10 640 00 $6 03200 $603200Fire H dram Ass.mbl T e 1 EA 1 $5 610 00 $5 610 00 $7 159 94 $7 159 94 $7 280 00 $7 280 00 $6 496 $6496.00Trench Safiet far Wateain es LF 104 $2840 $295360 $492 $51168 $3920 $407680 $800 $83200 Remove and Re lace Exisfin 6'Hi h Chain Link Fence w/Barbed Wire LF 20 $2307 $46140 $5600 $112000 $9208 $184180 $16100 $322000Allowance far Unenfici efed Wafer U[ilk Wark LS 1 $200000 $200000 $200000 $200000 $200000 $200000 $200000 $200000 Subtotal Part'C'Items C1-C8 $17,789.80 $27 801.76 $30 430.40 $27,980.64 BASEBID-PARTD:WASTEWATERIMPROVEMENTS 01 6"Die_PVBWastewater GtavLv Line(0 6 Depth) LF 90 $3771 $339390E$ZO011 $517860 $4120 $370800 $5220 $469800 02 4"Die_PVC Wastewater Gravk Line 0'6 Dem LF 20 $50.05 $1!2 1 001 W $971 80 $35 84 $716 80 $44.08 $88180 D3 6"X6"x4"PVC Wye EA 2 $1,96900 $3,93880 $89500 $84000 $1,68000 $40600 $81200 D4 4 PVC 45°Bend EA 2 $1248.50 $249700 $31964 $28000 $56000 $14500 $29000 D5 6"Tie-in Service Bannecfian Include bends fiftin etc EA 1 $304700 $304700 $869421 $280000 $280000 $]88880 $]88880 06 6"Cleanout EA 3 $47850 $143550 $210243 $112000 $336000 $42340 $127020 D] Trench Safef far Wasfewatertines LF 110 $2685 $295350 $421960 $56.00 $6160.00 $34.80 $382800 D8 Allowance far Unanticidated Wastewater Utili Wark LS 1 $150000 $150000 $150000 $150000 $150000 $150000 $150000Subtotal Part'D'Items D1-D8 $19 765.90 $23,881.28 $20,484.80 $21,167.80 BA SE BID-PARTE:FORENSICS BUILDING Metal Building including Overhead Dears,Fume Head,Ar Barnpre...r,and all Finishes and E1 Fixtures as Shawn LS 1 $209,000 00 $209,000 00 $461,101 11 $461,101 11 $389,249 28 $389 249 28 $629 964 00 $629 964 00 Subtotal Part'E'Item E1 $209 000.00 $461 101.11 $389,24-28 $629 964.00 BASE BID SUMMARY TOTAL BASE BID:PARTS A-E Parts A-E $48622273 $68582984 $79473852 $84699998 Total Base Bitl $486,222.7311 $685 829.84 $794 738.52 $846 999.98 PART F:ADDITIVE ALTERNATE N0.1er SECTION Ot 20 10 ALTERNATES AND ALLOWANCES F1 Forensics Buildin Slaban Grade Foundation Includin a ovation and select fill LS 1 $9179500 $9179500 $9344994 $9344994 $10140938 $10140938 $9978700 $9978700 Subtotal Part 711 F1 $91,795.0011 $93,449.941 $101,409.381 $99,787.00 PART G:ADDITIVE ALTERNATE NO.2 r SECTION 012010 ALTERNATES AND ALLOWANCES G1 Forensics Buildin Pier Su arfed Faundat en LS 1 $11000000 $11000000 $15307175 $15307175 $9676442 1 $9676442 $9887600 $9887600 Subtotal Part'G'Item G1 $110,000.0011 $153,071.751 $96,764.421 $98 876.00 TOTALAWARDED SCOPE OF WORK TOTAL BASE BID $486,222.73 $685,829.84 $794,738.52 $846,999.98 ADDITIVE ALTERNATE NO.1 $91,795.00 $93,449.94 $101,409.38 $99,787.00 ADDITIVE ALTERNATE NO.2 $110,000.00 $153,071.75 $96,764.42 $98,876.00 TOTAL BASE BID+LOWEST OF ADD.ALT.1 AND ADD.ALT.2 $578,017.73 $779,279.78 $891,502.94 $945,875.98 ` Bid withdrawn Bid deemed Fen resp.neve Page 1 11 SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of January 23, 2018 NORPOR p�EO jg52 Action Item for the City Council Meeting of January 30, 2018 DATE: January 10, 2018 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Andres Leal, Jr., P. E., Director of Street Operations andyl@cctexas.com (361) 826-1957 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Resolution Directing Use of$3.4 Million Dedicated to Residential Streets CAPTION: Resolution directing the City Manager to spend $3,400,000 for residential street reconstruction in accordance with Option No. 3 discussed at the December 19, 2017 City Council meeting. PURPOSE: This item seeks approval of a Resolution directing staff to use$3.4 Million for reconstruction of residential streets in Districts 1, 4 and 5. An update on the status of the Residential Street Rebuild Program Test Projects is also provided. BACKGROUND AND FINDINGS: In August 2016, Council approved a Resolution to proceed with two Residential Street Reconstruction Test Projects. The Test Projects were to provide information on current costs of residential street reconstruction work as well as design, scoping and construction requirements for a residential program. Two representative streets were selected: Ralston Street from South Staples to Alameda in District 2, and Rogerson Drive from McArdle to Sunnybrook in District 3. The streets were selected for reconstruction and rehabilitation respectively and were bid both concrete and asphalt. Ultimately, both streets became reconstruction projects after field inspections identified additional concerns with Rogerson. Design contracts for the Test Projects were awarded in December 2016, and the construction contracts were awarded in July 2017. Bids for both projects came in below budget with Rogerson Drive selected for concrete pavement and Ralston Street for hot mix asphalt concrete (HMAC). Construction started in September 2017. Rogerson Drive is a two-phase project. As of January 10, 2018, Phase 1 is complete with roadway, sidewalks and driveways complete on the 2800 block and pavement excavated down to the subgrade on the 4700 block. Ralston Avenue is an 8-phase project for which three phases are complete except for placement of hot mix asphalt concrete (HMAC). On September 26, 2017 during the Second Reading of the Ordinance adopting the Fiscal Year 2018 Operating Budget, City Council amended the budget to add $ 3,400,000 to the Residential Street Fund No. 1042 operating budget. On December 19, 2017 staff presented options for use of the funds. These options included: Option 1 - Leave the funds to grow in Fund 1042; Option 2 - Integrate the funds with the existing Bond 2016 Residential Rebuild Project; or Option 3 - Use the funds for reconstructing residential streets in Districts 1, 4 and 5. Staff recommended Option 3 which provides for repair of "worst first" streets in the three remaining Districts and is similar to the two Residential Street Rebuild Program (RSRP) Test Projects which reconstruct residential streets in Districts 2 and 3. This Option allows for residential reconstruction to begin in all areas citywide. Test Project bids, funded out of Fund 1042 in Fiscal 2017, were below budget. Resulting savings fell to Fund balance at the end of the fiscal year. As a result, there are sufficient funds available to allow the full $ 3.4 Million in Fiscal 2018 to be used for construction. Under Option 3, approximately 1 '/2 to 2 linear miles of residential streets could be reconstructed. ALTERNATIVES: 1. Approve the Resolution as proposed. (RECOMMENDED) 2. Approve the Resolution with modifications. 3. Do not approve the Resolution. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Resolution complies with City Charter's requirements for approval of resolutions. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Operations Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Fiscal Years Development Construction Option TOTALS 2017 -2018 Year One Line Item Budget Encumbered/Expended Amount Future Anticipated Expenditures BALANCE Fund(s): Residential Street Fund 1042, Bond Fund 3546 Comments: None. RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution approving Option 3 Presentation — Update on RSRP Test Projects Presentation— $3.4 Million Additional FY2018 Funding (12/19/17) Resolution 030938—Approving Moving Forward with Test Projects Resolution directing the City Manager to spend $3,400,000 for residential street reconstruction in accordance with Option No. 3 discussed at the December 19, 2017 City Council Meeting. WHEREAS, on September 26, 2017 during the second reading of the Ordinance adopting the Fiscal Year 2018 Operating Budget, the City Council voted to amend the budget to add $3,400,000 for residential streets, of which $2,900,000 would be added to Residential Street Fund No. 1042 and $500,000 would come from Bond 2008, Proposition 1, Fund No. 3546 Reserves; and WHEREAS, on December 19, 20177 City staff presented three options to City Council for using the $3,400,000 dollars appropriated for residential streets; and WHEREAS, on December 19, 2017, the City Council gave direction to return with an item approving Option No. 3 which calls for approximately 1.5 — 2.0 linear miles of residential street reconstruction located in Council Districts 1, 4 and 5 following the "worst first" criteria, among other criteria, for selecting the streets to be reconstructed. 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 spend $2,900,000 from Fund No. 1042, The Residential Street Fund, and $500,000 from Bond 2008, Proposition 1 Fund No. 3546, for construction costs to reconstruct residential streets located in City Council District Nos. 1, 4 & 5 in accordance with Option No. 3 as discussed at the December 19, 2017 City Council meeting. Non-construction costs are to be covered by the Fund 1042 fund balance. SECTION 2. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of 2018 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 ep�p v A 0, Rraamws'oaiwariaw Residential Street Rebuild Program (RSRP) Test Project Updates Rogerson Drive & Ralston Avenue r t Council Presentation January 23, 2018 RSRP Test Projects � PURPOSE 4y ➢ Obtain up-to-date pricing ➢ Better define design requirements ➢ Identify construction requirements Rogerson Drive � 4 ' iwiwvww. PROJECT SUMMARY " ➢ Rogerson Drive: McArdle Road to Sunnybrook Road ✓ Design: Freese & Nichols, Inc. ✓ Contractor: JE Construction ✓ 2 Blocks o Phase 1 — McArdle Road to Mansheim Road o Phase 2 — Mansheim Road to Sunnybrook Road ✓ Concrete Pavement ✓ Estimated Construction Period —3 Months ✓ Notice to Proceed (NTP) — Sep. 18, 2017 ✓ Expected Completion Date— Dec. 17, 2017 (Original) Mali. 2, 2018. (Iflevi d)* *A projected by Contractor 'd Rogerson Drive WORK STATUS E g a Rogersorf Drive Rogerson Drive Done Installed concrete pavement Removed driveway aprons • Installed 21 driveway aprons Excavated to subgrade • Installed 5'tied sidewalk both sides Started storm water line improvements • Installed 6"curb&gutter both sides • Improved surface flow drainage Pending Installation of small amount curb&gutter Installation of 20 driveway aprons • Installation of small amount sidewalk Installation of 5'tied sidewalks both sides • Apply sod behind sidewalks Installation of 6"curb&gutter both sides • Replacement of 1 inlet • Installation of 2 new inlets • Installation of 2 new manholes • Lowering of AT&T cable • Installation of concrete pavement Status ^° %C011,T11plete 15%0011 ipllete �tl Rogerson Drive � �} �y � 2r IN , BEFORE AFTER Rogerson Drive X�1`1111 Q\y\ w ,.i,�,ANG ....�✓�� i 4T e, +Ati iii` Nlm BEFORE AFTER c� Rogerson Drive / ;fi�/ /�'�/e��G 1���1��� � `��ifr� ,� �i r s✓ iiip/iii � "� 4V 1 wro N i4 Ralston Avenue II, y PROJECT SUMMARY M �� ➢ Ralston Avenue: Staples Street to Alameda Street ✓ Design: Urban Engineering ✓ Contractor: JE Construction ✓ 3 Blocks o Phase 1 thru 3—S. Staples to Swantner o Phase 4 thru 6—Swantner to Reid o Phase 7 thru 8—Reid to S. Alameda ✓ Hot Mix Asphalt Concrete (HMAC) Pavement ✓ Estimated Construction Period—5 Months ✓ Notice to Proceed— Sep. 18, 2017 ✓ Expected Completion Date— Feb. 15, 2018 (Original) *A projected by Contractor ��� Ralston Avenue' WORK STATUS v v v Ra lston Avenue Ralston Avenue Ra lston Avenue in 3 a vi �n vi Done Installed limestone base halfway Installed limestone base%block None • Completed concrete work Adjusted half of water service halfway lines ✓ 5'Tied sidewalk Completed concrete work%block ✓ 6"Curb&gutter ✓ 5'Tied sidewalk ✓ 9 Driveways ✓ 6"Curb • Installed new storm water pipe ✓ 17 Driveways • Adjusted water service lines Pending Mill existing pavement halfway Mill existing pavement halfway Mill existing pavement • Place limestone base halfway Place limestone base halfway Place limestone base • Install 5'Tied sidewalk halfway Install 5'Tied sidewalk halfway Install new storm sewer pipe • Install 6"Curb&gutter halfway Install 6"Curb&gutter halfway Perform concrete work • Install 11 Driveways Install 12 Driveways Adjust utilities(if needed) • Pave entire block Complete water service line Pave block adjustments • Pave entire block Status ^°40%Corri pllete %corri pllete %Conri pllete 9 Ralston Avenue �W j`Ilfl\1111Q\\y\���I� f e Vl �'��✓poi� r „ r 1 BEFORE AFTER 10 d Ralston Avenue IIIIy�I / rwn H �( BEFORE AFTER Ralston Avenue 12 Y �'. "kl"tPWWiWl iinvuw... Construction Issues CONTRACTOR Slow execution due to lack of experience • Inadequate resources for each project • Resources moved to other projects • Leadership turnover—Rogerson(4 Superintendents),Ralston(3 Superintendents) WEATHER Snow&excessive rain caused delays for additional pumping/draining&drying • Excessive rain required more"all weather"material for access to residences UTILITY Water lines too shallow to allow subgrade preparation;had to be lowered • AT&T cable had to be lowered before storm pipe could be installed CONSTRUCTION No offsite construction yard(s)—equipment&materials have to be stored on YARD project site PARKING Residents and contractors use same available offsite parking • �IIlW'l14����d�ry ar LESSONS LEARNED _ �m ISSUE WHAT HAPPENED IMPROVEMENT 1. Project Phasing Different phasing strategies caused significant differences in Establish protocol for execution project phasing 2. Schedule aggressive for Insufficient time for weather delays or utility conflicts Adjust construction seasonal conditions schedule for seasonal considerations 3. Increased Interactions w/residents more frequent Account for stakeholder Communications interaction time 4. Materials Storage No construction yard: Establish offsite yard ✓ Contractors and residents share same offsite parking ✓ Materials&equipment stored on site 5. Parking Contractors&residents share same offsite parking options Include a parking plan 6. Driveway Access All-time access to driveways&homes during wet weather not Adjust bid form to add pay included in bid form item for accessibility Specify temporary material to be used 7. Utility Service Lines Additional time needed because of unexpected water service line Improve estimates of adjustments service line adjustments 8. Bid Package Size Insufficient Contractor resource capacity&ability to execute project Consider bundling bid packages RSRP Test Projects � TIMELINE* Q Z D D UJ Q Z D D (A < 0 D s ROGERSON&RALSTON(Test Projects) PYe(li5 rrsg Bid n I OIDAY *As projected by Contractor ' N 1, RSRP Test Projects 1111! Ml! Discussion �r -fit �l N -t v V �IF,"4� �/ fiy �i8G0{IQVI{WfifliYM 0014000Mr �AN. wEw,. Corpus Chr'sti Engineering " 1(i G�tiY 4F'C Z L �emwarr�waeri�rar r.cawe 404,4 IV , Residential Street Rebuild Program (RSRP) $3.4 Million Additional FY2018 Funding r t� Council Presentation December 19, 2017 Residential Street Rebuild Program(RSRP) Motion to Amend FY18 Budget by $3.4M �� . ➢ September 26, 2017 — Second Reading Ordinance Adopting Fiscal Year 2018 Operating Budget Motion amending the proposed FY2017-2018 City of Corpus Christi Budget by transferring funds as provided in the document titled'Potential Funding Sources for Residential Streets", and reserve appropriations in the amount of$261,000 to the Residential Street Fund 1042 for a total amount of$3,400,000. 2 Residential Street Rebuild Program(RSRP) � Options for Additional $3.4M �IIIIIyII ,_ _ 4h iwnxw nxw lull) VIII OlV 0N OR 011 Illli. u Ilii i i uiuu uuuuui Il�uuui ui Il�uuuuui uullll cull uu Il�uuuuui uiuu uuuuu ✓ Will support larger program ✓ Incorporate into Work Plan ✓ Some effort on"Worst First" ✓ More streets repaired at one ✓Adds—2.3 Linear Miles ✓ —1.5 Linear Miles(@$125/SY) time ✓ Cost savings with larger scope ✓ Adds—0.5 Linear Mile to each ✓ —0.5 Linear Mile for Districts 1, District 4&5 o Test Projects in Districts 2&3 ✓ Use of funds not immediate ✓ Not"Worst First"-Rehab ✓ Costs for AE design 3 Residential Street Rebuild Program(RSRP) Recommendations IIIIIyII . ➢ Option 3 - FUND RESIDENTIAL RECONSTRUCTION Allows for residential reconstruction to begin in all areas citywide. d f twp�� N RECOMMENDATION-OPTION 3 $3.4 Million Additional Funds ➢ Two Test Projects ✓ Fund 1042-Residential Street Reconstruction ✓ Bids Below Project Budget ✓ Savings to Fund Balance ➢ Fund 1042 - Sufficient Funds ✓ Cover Administration&Design for Option 3 ✓ Estimated Cost-$680,000 ➢ Allows $ 3.4 Million for Construction RECOMMENDATION-OPTION 3 �III District Distribution u Ilu iulllllu����ullllulll�llllllllllilllllllllll II Illlllllllilllulllll Illlu DISTRICTS DISTRIBUTED BY"NEED" ALLOCATION District 1,0tall1 Rest¢ entrap/ fees./p1 oca11 PCI %ofl n ta111 %of Proportion Funding Nett oii ll< h,.ocalll 5 Need Need of 58% Allocation „cur�r.errt 1VeE"d„ 1 5„1.91.„121 1„3013„734 1.„411.„0597 13`35 23% 40% $11.„333„3715 2 3,6 7''5„01.3 7„273„91.3 1,481.,3315 74% 3 3„201„3013 7„01013„1.74 1,0139„'533 1.3`x!5 4 4„523„0133 1„701.„1533 1.„273„1.013 20% 201% 34% $1„1.'72„31.3 5 3„393„0121. 7„3013„333 334„31.3 1.!5!5 1.5% 26% $ 873,31.0 Total 201„3''5 4,267 1.7„1.63„343 01„2001„05017 1.00% 58% 110000% $3,30000,000000 6 f twp�� RECOMMENDATION—OPTION 3 � Proposed Schedule 4y nxw 2017 2018 2019 TASK O N D J F M A M J J A S O N D J F M Motion of Direction Award Amendment to Hanson Advertise for Construction Bids Construction Starts H Residential Street Rebuild Program (RSRP) �a �r Discussion 9TEIT Corpus Ch 'stl A�°ryewmOt Engineering w=� Resolution authorizing the City Manager or designee to proceed with the Residential Street Reconstruction Test Project to gather pricing and scoping information in order to develop a Residential Street Reconstruction Program. WHEREAS, in October 2015, City Council created the Ad Hoc Residential Street Infrastructure Advisory Committee to evaluate and provide recommendations for a Residential Street Reconstruction Program; WHEREAS, the Ad Hoc Residential Street Infrastructure Advisory Committee presented its final report to City Council in June 2016 that included several recommendations; WHEREAS, Staff has been working to develop a Residential Street Reconstruction Program and has identified several areas that support the idea of doing one or more test projects to better define the scope and costs of the program; WHEREAS, Staff has identified two street sections as representative test projects because the sections represent some of the worst residential street sections in the city and each section has different characteristics and conditions; WHEREAS, Staff will use the information from the test projects and the recommendations from the Ad Hoc Residential Street Infrastructure Advisory Committee to further develop the Residential Street Reconstruction Program. 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 proceed with the Residential Street Reconstruction Test Project by reconstructing Ralston Street, from South Staples Street to Alameda Street, and Rogerson Drive, from McArdle Road to Sunnybrook Road. SECTION 2. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTESTCORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 3 INDEXED Corpus Christi, Texas 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas L.0 Lucy Rubio Mark Scott Carolyn Vaughn AL SC AGENDA MEMORANDUM 852`° First Reading Ordinance (Tabled)for the City Council Meeting of Jan. 16, 2018 First Reading Ordinance for the City Council Meeting of Jan. 23, 2018 Second Reading Ordinance for the City Council Meeting of Jan. 30, 2018 DATE: December 29, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of$1,000.00 donation from Wal-Mart to support the Corpus Christi Fire Department Smoke Alarm Program CAPTION: Ordinance authorizing the City Manager or designee to accept a donation from Walmart in the amount of $1,000 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $1,000 from Walmart into the Fire Grant Fund No. 1062. PURPOSE: Every year Wal-Mart Stores give out donations through it's"Safe neighborhood Heroes" program. This year Walmart has donated $1,000.00 to the Corpus Christi Fire Department to support it's Smoke Alarm Program. The Fire Department will purchase smoke alarms and provide them to the public upon request. ALTERNATIVES: If we don't accept the donation, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate donation funds. EMERGENCY/ NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance— Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,000.00 $1,000.00 BALANCE $1,000.00 $1,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to accept the donation and appropriate the funds in the amount of$1,000.00 LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a donation from Walmart in the amount of $1,000 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $1,000 from Walmart into the Fire Grant Fund No. 1062 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a donation from Walmart in the amount of$1,000 to be used support the Corpus Christi Smoke Alarm Program. SECTION 2. That $1,000 from Walmart is appropriated in the Fire Grant Fund No. 1062 to be used to purchase smoke alarms. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC AGENDA MEMORANDUM v First Reading Ordinance (Tabled) for the City Council Meeting of Jan. 16, 2018 NORPgRpEO First Reading Ordinance for the City Council Meeting of Jan. 23, 2018 1852 Second Reading Ordinance for the City Council Meeting of Jan. 30, 2018 DATE: December 29, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from Koch Companies Public Sector, LLC in the amount of$10,000.00 as a donation from their 2017 Helping Heroes Grant Program. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of$10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062. PURPOSE: Koch Companies Public Sector, LLC has forwarded to the Corpus Christi Fire Department a check in the amount of$10,000 as a grant from their Helping Heroes Grant Program. The funds are to be used to purchase a Hazardous Chemical Detector to assist firefighters in mitigating Hazardous Material Incidences. The grant was unsolicited. This is the third year Koch Companies have awarded the Fire Department $10,000. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY/ NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance— Grants and Office of Management and Budget. 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 Encumbered / Expended Amount This item $10,000.00 $101000.00 BALANCE 1 $10,000.00 1 J $10,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of$10,000. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase a Hazardous Chemical Detector. SECTION 2. That $10,000.00 from Koch Companies Public Sector, LLC is appropriated in the Fire Grant Fund No. 1062 to be used to purchase a Hazardous Chemical Detector. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC AGENDA MEMORANDUM v First Reading (Tabled)for the City Council Meeting of January 16, 2018 NORPORP�E� First Reading for the City Council Meeting of January 23, 2018 1852 Second Reading for the City Council Meeting of January 30, 2018 DATE: December 29, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Mary Rhodes Pipeline Cathodic Protection Upgrade (Capital Improvement Program) CAPTION: Ordinance rejecting the apparent low bid of Down South Field Services, Inc. as non-responsive and authorizing the City Manager to execute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of$525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract. BACKGROUND AND FINDINGS: This project is a part of the City's Capital Improvement Program for corrosion prevention and maintenance for the Mary Rhodes Pipeline. CIP Description: Mary Rhodes Pipeline Cathodic Protection Upgrade Cathodic protection is necessary to protect buried pipeline from corrosion. The cathodic protection system for Mary Rhodes Pipeline Phase 1 was installed in 1990s and is close to the end of its service life. This project includes installation of six new test stations with zinc anode ground beds, installation of zinc anodes at fifteen existing test stations, and removal and replacement of portions of test station components at 126 existing test stations. The cathodic protection system is critical to extend the life of the 105-mile long steel 64-inch diameter Mary Rhodes Pipeline. The pipeline was completed in 1998 to convey water from Lake Texana to the O.N. Stevens Water Treatment Plant. The cathodic protection system involves an electrochemical process with sacrificial anodes that corrode more easily than steel. The existing system consists of 418 existing corrosion test sites, with eight sacrificial zinc anodes at each site. The anodes are around the pipeline and connected to the water pipeline with electric cables and associated hardware. Cathodic protection requires periodic upgrades and replacement planned by this project. Project Scope: The scope of work includes construction of six new test stations, replacement of sacrificial anodes at sixteen existing test stations, and upgrades components at 126 existing test stations. The following is a summary of the work: • Construct six new test sites with new concrete pad, conduit, wiring, and associated hardware with the installation of eight new 60-pound zinc sacrificial anodes 10 feet deep spaced 20 feet apart • Replacement of the existing anodes at sixteen sites with eight new 60-pound replacement zinc sacrificial anodes spaced 20 feet apart • Upgrades at the existing 126 test stations with removal of existing conduit and wooden posts; installation of new ten-foot high polyvinyl chloride (PVC) post, conduit, wiring, and associated hardware On November 15, 2017, the City received proposals from two (2) bidders as follows: CONTRACTOR BASE BID Integrated Corrosion Companies, Inc. 525,732.63 (corrected) Houston, Texas Down South Field Services, Inc. (NON-RESPONSIVE) 563, 4 Sinton, Texas Engineer's Opinion of Probable Construction Cost 612,000.00 The bid from Down South Field Services, Inc. was deemed non-responsive due to failure to properly submit the required bid security. Staff and the design engineer analyzed the remaining bid from Integrated Corrosion Companies, Inc., and discovered a mathematical error with the mobilization unit price. Math errors are automatically corrected prior to bid evaluations. The correction was presented to the bidder that resulted in a bid reduction from $609,500 to $525,732.63. The bidder acknowledged and confirmed the correction. Based on a review of the bidder's experience and information submitted in accordance with the contract documents, Integrated Corrosion Companies, Inc. is qualified to provide construction services for this project. ALTERNATIVES: 1. Authorize execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years TOTALS 2017-2018 Expenditures Line Item Budget CIP 168,755.00 1,000,000.00 1,168,755.00 Encumbered / Expended Amount 168,755.00 168,755.00 This Item 525,732.63 525,732.63 Future Anticipated Expenditures This Project 1 113,011.371 1 113,011.37 BALANCE 0 361,256.00 361,256.00 Fund(s): Water Supply CIP #3 Comments: This project requires approximately 230 days for construction with anticipated completion by October 2018. This construction contract will result in expenditure of an amount not to exceed $525,732.63. RECOMMENDATION: City Staff recommends approval of a construction contract Integrated Corrosion Companies, Inc., of Houston, Texas in the amount of $525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrade for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Page 1 of 2 Ordinance rejecting the apparent low bid of Down South Field Services, Inc. as non-responsive and authorizing the City Manager to execute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of $525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. WHEREAS, two bids were received on November 17, 2017 for the Mary Rhodes Pipeline Cathodic Protection Upgrades Project; and WHEREAS, the apparent low bidder for the Project, Down South Field Services Inc, failed to submit bid security (5% of total amount bid)with their bid as required by Article 8 of the City's Invitation to Bid and was therefore rejected as non-responsive, and WHEREAS, the second low bid submitted by Integrated Corrosion Companies, initially contained a math error in their calculation of mobilization costs, but that irregularity was corrected by the Consultant and approved by Integrated Corrosion Companies for a final bid amount of$525,732.63; and WHEREAS, the City Council finds that the amount of the bid submitted by Integrated Corrosion Companies, Inc. is $525,732.63 because it complies with the City's bid requirements limiting mobilization costs to five percent (5%) of the total contract price bid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid of Down South Field Services, Inc. for the Mary Rhodes Pipeline Cathodic Protection Upgrades Project is rejected as non-responsive for failure to submit the required bid security. SECTION 2. The City Manager or designee is authorized to execute a contract with Integrated Corrosion Companies of Houston, Texas as the lowest responsive/responsible bidder in the amount of $525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades Project. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE MARY RHODES PIPELINE CATHODIC PROTECTION UPGRADE FUNDS AVAILABLE: WaterOperating.................................................................................................................... 168,755 WaterSupply CIP..................................................................................................................... 1,000,000 TOTAL FUNDS AVAILABLE...................................................................................................... $1,168,755 FUNDS REQUIRED: Construction and Contingency:.................................................................................................... 578,306 Construction (Integrated Corrosion Companies) THIS CONTRACT.............................. 525,733 Contingency10%.................................................................................................... 52,573 Construction Inspection:............................................................................................................ 43,170 Amendment No. 3 for Construction Inspection (Russell Corrosion Consultants, LLC)............ 43,170 Design:........................................................................................................................................ 125,585 Original (Russell Corrosion Consultants, LLC).............................................................. 29,730 *Amendment No. 1 (Russell Corrosion Consultants, LLC)............................................... 46,095 Amendment No. 2 (Russell Corrosion Consultants, LLC)................................................ 49,760 Reimbursements:..................................................................................................................... 60,438 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)........................ 23,375 Engineering Services (Project Mgmt/Constr Mgmt) ....................................................... 35,063 Misc..................................................................................................................... 2,000 TOTAL................................................................................................................................... $807,499 ESTIMATED PROJECT BUDGET BALANCE................................................................................ $361,256 *Approved by City Council on July 29,2014 by Motion No. M2014-101 m,wWa Wflarton Yoakuirn N Speaksa w,13 Ell Campol Colorado River kw Bay a,, nnF City "odaveen Lake TexanaLdn a CA rdh rna "tea"Plny Inez tr a w yrig Victoria f, Phase6", Point'Cornf ort orda 2 Phase 1Port Lavaca J n, Ind kini la 00 TNu„h Port O'Connor " � PROJECT LOCATION ,7 Ararm, Is NWR �. Wooaf 0 Matagorda Wand, oro fI ¢�s�m�x� Y axe aiDa r 0000000010 bumf Corpus Christi 0010 (W l Agairmas Pass G ortla d Port Aransias tl C101 cd ti muss aqv IMan L O CA TION MAP NOT TOSCALE Project Number: E13068 Mary Rhodes Pipeline CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Cathodic Protection Upgrade DEPARTMENT OF ENGINEERING SERVICES ` "I,,," Engineering Mary Rhodes Pipeline Cathodic Protection Upgrade Council Presentation January 16, 2018 Project Location i oaopus, P�t std -lgine:eriintig Bay N �, Colorado River `°Cit Vrn Mack. k�wi Q�t I:<k a dY C�NY Lake Texana hase 2 r,�lh,d Phase 1 M,,����,�a v¢11r,dand. ansa�,i MARY RHODES ROW, �3 ,,,��,,.w PIPELINE CATHODIC 01 "dPROTECTION Corpus Christi fi'im Iter p'n C1e1 r a e�s.:N'uma k�urtku J 191:iw�ry(ani f 419�U'i G:�IORIt 2 i Project Scope / C+aopus CPIt°st Erugime-ering This item provides for upgrades to Mary Rhodes Pipeline cathodic protection system that includes: • Construct 6 new test sites with concrete pad, conduit, wiring, and associated hardware with the installation of 8 new 601b zinc sacrificial anodes 10ft deep spaced 20ft apart • Replacement of the existing anodes at 16 existing sites with 8 new 601b zinc sacrificial anodes 10ft deep spaced 20ft apart • Upgrades at the existing 126 test stations with removal of existing conduit and wooden posts; installation of new 10ft high PVC post, conduit, wiring, and associated hardware :u i Project Schedule rus ,,ti ,� ivngine;ering 1 1 Feb Mar Apr May Jun Jul Aug Sep Oct Nov DJJanFeb'lar Apr May Jun Jul Aug Sep Oct Fold Bid& Award Project Construction Estimate: 230 days Schedule reflects City Council construction award in January 2018 with completion by October 2018. �d r � i rugime:ermntig Questions? i Photos , ,r pU�,,,,.. ' II i rl uiliiii Nr i r n 1 q` (i 1'Rt?�SIO�VC©�Y,�S'?IL? YISP. .LLC, P.O. Box 197 - Simpsonville, MD 21150 (410)997-4481 - Fax(410)740-2541 December 22, 2017 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Subject: E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades Construction Contract Award Recommendation Mr. Edmonds: On Wednesday, November 15, 2017,two (2) bids were received and opened for the above referenced project. Both bidders submitted documents pertaining to Section 00 45 16 Statement of Experience. The bidders list with their Total Base Bid is below; Down South Field Services Inc. * $563,796 Integrated Corrosion Companies $609,500 *Denotes bidder as being non-responsive, they failed to submit a bid bond with bid. Integrated Corrosion Companies bid is considered irregular because of a mathematical error in calculating their mobilization, which is limited to 5%, and because of a question about the corrosion experts listed on the statement of experience were all subcontractors and did not work directly for the company bidding the project. Integrated was notified and has agreed to correct both issues. City received documentation from Integrated Corrosion on Wednesday December 06, 2017 with the following correction to their bid: Al Mobilization 1 LS $26,286.63 $ 26,286.63 A2 Bonds and Insurance 1 LS $ 9,500.00 $ 9,500.00 A3 Supply and Install New Anodes at New Test Stations 6 EA $ 5,344.01 $ 32,064.06 A4 Supply and Install New Anodes at Existing Test Stations 16 EA $ 7,297.87 $ 116,765.02 A5 Remove and Replace Portion of Test Station Components 126 EA $ 2,707.27 $341,116.02 Total: $ 525,732.63 An e-mail commitment from Integrated Corrosion's Proposal Manager stating that a staff NACE Certified Cathodic Protection Specialist will be on site for the entire project has been submitted to the City: City of Corpus Christi E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades December 22, 2017 RCC has analyzed the proposals and documents submitted and has determined that Integrated Corrosion Companies meets the specified requirements and recommends that the project E13068 Mary Rhodes Cathodic Protection Upgrades be awarded to Integrated Corrosion Companies for $ 525,732.63. Also enclosed are the project bid tabulation and Integrated Corrosion Companies bid proposal for this project. Sincerely, RUSSELL CORROSION CONSULTANTS, LLC. Michael J. Szeliga P.E. Enclosures: 1. Bid Tabulation 2. Integrated Corrosion Companies Bid Proposal and Statement of Experience 3. Letter of commitment from Integrated Corrosion Companies SC v AGENDA MEMORANDUM /ryCORPO 1p First Reading Item for the City Council Meeting of January 23, 2018 x852 Second Reading Item for the City Council Meeting of January 30, 2018 DATE: January 11, 2018 TO: Margie Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department jayell@cctexas.com 361-826-3464 2018 Fiesta de la Flor Lease Agreement CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2018 Fiesta de la Flor event and related activities to be held on April 13, 2018 and April 14, 2018, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. PURPOSE: To approve date, location, and consideration for the 2018 Fiesta de la Flor event and related activities April 13 - 14, 2018. BACKGROUND AND FINDINGS: Fiesta de la Flor, scheduled for April 13 — 14, 2018, celebrates the annual festival dedicated to honoring the life and legacy of Corpus Christi's hometown icon, Selena Quintanilla Perez. Predominately a music festival, Fiesta de la Flor features Tejano, Norteno and Hispanic rock music stars. Festival organizers anticipate attendance of 70,000 over both festival days. In 2017, the Fiesta de la Flor attracted about 55,000 attendees, with 61% of those attending came from outside the greater Corpus Christi area. The festival generated an indirect economic impact of$15 million. Overall hotel occupancy for the 2017 Fiesta de la Flor weekend was 83.9%. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this agreement LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2018 Fiesta de la Flor event and related activities to be held on April 13, 2018 and April 14, 2018, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau to conduct the 2017 Fiesta de la Flor event and related activities. The Agreement allows use of City property including the Bayfront Park located along Shoreline Blvd. between Power Street to Resaca Street through the end of Shoreline Blvd., and provides for CCCVB payment of fifty percent of costs for City services provided for the event. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED, this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 1 LEASE AGREEMENT FOR FIESTA DE LA FLOR State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly designated City Manager, and the Corpus Christi Convention and Visitors Bureau. ("CCCVB"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home-rule municipality. B. City Attorney - means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. CCCVB — means the Corpus Christi Convention and Visitors Bureau, a Texas non- profit corporation. G. CCCVB's Agent - means a duly authorized representative of the CCCVB. H. Corpus Christi - Nueces County Health District— means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event - means the Fiesta de la Flor events and related activities sponsored by the CCCVB, as described in Exhibit A. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director-means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. 2 M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises - means the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street; City streets bounded by Power Street, N. Water Street, Resaca Street, and Shoreline; Barge Dock area, and other City property along Shoreline as depicted on Exhibit C. O. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director— means the Director of the City of Corpus Christi's Solid Waste Operations Department. Q. Street Director—means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The CCCVB will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the CCCVB the privilege of using the Bayfront Park located along Shoreline Blvd. between Power Street to Resaca Street through end of Shoreline Blvd. to conduct its Event. CCCVB agrees to contact SMG, the Art Museum of South Texas, the Port of Corpus Christi administrative offfices, and the Federal courthouse to coordinate traffic plans around the Event locations. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit Cis revised, new Exhibit C will be executed by the City Manager and CCCVB Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit C. New Exhibit C becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM. The CCCVB's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Two months prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with CCCVB representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit C needs to be revised by the Parks Director and CCCVB. If revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. CCCVB's Agent may request additional meetings. 3 7. ADMISSION FEE. CCCVB may charge an admission fee. Special Events connected with CCCVB may charge another fee to help defray the cost of entertainment. 8. CCCVB'S FINANCIAL OBLIGATIONS. A. Permit Fees. The CCCVB must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Large Special Event Permit fee of $400.00, Health Permit/Vendor Fees, Development Services Permit Fees, Traffic Engineering cost recovery fee of$550 for changes to the Traffic Control plan, and Firework Permit Fee. B. Costs of City Services. City agrees to provide the following services at 50% of actual City costs. The current estimate for City services to be provided is as follows: 1) Parks and Recreation. Rental of Bayfront Park - $11,000.00 and fee for reservation rental of Water Gardens - $1600.00 2) Police. Security at Event on Friday: 19 officers for 6.5 hours = $7,485.88; Security at Event on Saturday: 22 officers x 12 hours = $16,002.21. Total estimate is $23,488.09. This does not include security for afterhours, or money security for the Event. 3) Police to provide traffic control at the points surrounding the Event as required by the CCPD to enforce the traffic control points on the plan- $22,245.00. lan:$22,245.00. 4) Solid Waste Operations. Sweeping of downtown streets - $563.00. The Parks Director will invoice the CCCVB for costs of all City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the CCCVB's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. CCCVB's failure to pay the undisputed charges on City's invoice within 30 days after submittal to CCCVB shall result in a late payment fee being assessed against CCCVB. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the CCCVB anticipated attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. 4 D. Deposit, The CCCVB must pay a deposit of$2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the CCCVB within 30 days after the Event. E. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the CCCVB, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the CCCVB an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the CCCVB for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the CCCVB's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the CCCVB has vacated the property, following the conclusion of the Event. CCCVB will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the CCCVB must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the CCCVB fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the CCCVB for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property, Within 30 days after the conclusion of the Event, the City will provide the CCCVB's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. CCCVB will pay City's invoice for damages, within 30 days after City tenders the invoice to CCCVB's Agent, less any amount(s) the CCCVB has disputed. 9. GENERAL PERMITS. CCCVB shall obtain necessary permits from City Departments, as outlined below. A. Special Event Permit. CCCVB will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. As part of the Special Event permit, a street closure process will govern any necessary street closures. CCCVB must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Code of 5 Ordinances. All temporary street closures on a temporary basis are subject to the requirements of City Code of Ordinances. B. Temporary Promotional Event Permit CCCVB will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the CCCVB to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. CCCVB may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. CCCVB must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) D. Alcohol Vendors. CCCVB must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage CCCVB for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit/Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §16 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. E. Fireworks Permit. If Fireworks are being hosted, CCCVB must obtain Fireworks Permit from the Fire Department. Any requested use of City property for fireworks launch must be approved separately by written agreement of the City Manager, with concurrence from the third party operator of the City facility, the City director overseeing the City property, and also compliance with additional insurance requirements imposed by the City Risk Manager. F. Water Events. For any water events, CCCVB must obtain necessary permits from the United States Coast Guard. G. Additional Permits. CCCVB's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. 6 H. Music and Movie Licenses. CCCVB is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The CCCVB must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. CCCVB shall contract with a third party company to implement traffic control plan provided by the City Traffic Engineering Department. Event setup will not begin without the protection of traffic control devices. B. Parking. The CCCVB will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage and Advertising. CCCVB's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre-approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The CCCVB must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. CCCVB may provide temporary fence around Event areas, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in accordance with the CCCVB's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. CCCVB must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. CCCVB must remove the screens within the non-exclusive use period after the close of the Event. However, CCCVB must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities._ G. Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if CCCVB provides the Parks Director prior written assurances that CCCVB will remedy said damages in accordance with §8 CCCVSS 7 FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. CCCVB must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre-mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. CLEAN UP. CCCVB is responsible for trash pickup at the Event. CCCVB must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. CCCVB may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the CCCVB and taken to a location designated by the CCCVB. CCCVB may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give CCCVB's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by CCCVB shall be pay. 12. RIGHT OF CCCVB TO USE PUBLIC STREETS. CCCVB acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by CCCVB with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. CCCVB must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. During Event hours, CCCVB agrees to utilize CCPD officers to provide security, to be coordinated through a CCPD-designated liaison. Costs for the CCPD 8 officers are covered in §8 CCCVB FINANCIAL OBLIGATIONS, above.. However, the full costs for the liaison are to be invoiced separately to the CCCVB. CCCVB may provide additional security officers during the Event, and after the Event closes each night, until it opens the next day. CCCVB will assign the security officers duties. If the City Police Chief determines it is necessary, the Police Chief will assign additional Police Officers to provide off-site crowd and traffic control for the Event beyond the boundaries of the Event and traffic control plans identified in this contract. The use of additional police officers will be billed at full cost and will be included in the final invoice. Event organizer will be informed if additional officers are needed. 15. SAFETY HAZARDS. The CCCVB, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. CCCVB agrees to comply with attached insurance Exhibit D. In addition, CCCVB's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of$1,000,000 per occurrence for personal injury, death and property damage. CCCVB is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non-owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. CCCVB must also furnish insurance in the form of an accident policy for volunteers with minimum limits of$10,000 for death or dismemberment and minimum limits of$5,000 for medical expenses. If alcohol is served at any of the CCCVB's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. CCCVB must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. CCCVB must require all volunteers to sign an accident waiver form that CCCVB must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, CCCVB must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, CCCVB must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non-renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to CCCVB. 9 17. INDEMNITY. CCCVB shall indemnify and hold City, its officers, agents and employees ("Indemnitees'g 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 damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of CCCVB or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors'q entering upon City property to set-up and take-down, hold, attend, or participate in the Fiesta de la Flor event and associated activities, with the expressed or implied invitation or permission of CCCVB, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. CCCVB covenants and agrees that if City is made a party to any litigation against CCCVB or in any litigation commenced by any party, other than CCCVB relating to this CCCVB Lease Agreement, CCCVB shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may 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 deposit if sent certified mail. Notice must be sent as follows: If to City: If to CCCVB: Director of Parks and Recreation Event Manager City of Corpus Christi Corpus Christi CCCVB P.O. Box 9277 101 N. Shoreline Blvd. Suite 430 Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401 (361) 880-3461 FAX (361) 880-3864 19. ASSIGNMENT. CCCVB may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of CCCVB to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or 10 condition by CCCVB entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by CCCVB is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by CCCVB and the sums inure to the benefit of City as a set-off against any debt or liability of CCCVB to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from CCCVB by the City are compensation for provision of City services as described herein and for the right of CCCVB to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The CCCVB recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. CCCVB must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at CCCVB's sole expense and cost. 24. NON-DISCRIMINATION. CCCVB warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. Disclosure of Interests. CCCVB agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review information on the City Secretary's website at 26. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and CCCVB for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to CCCVB's 11 operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Margie C. Rose City Secretary City Manager Approved as to form- By- Lisa orm:By:Lisa Aguilar, Assistant City Attorney For the City Attorney 12 CORPUS CHRISTI CONVENTION AND VISITORS BUREAU By- Name- Title- Date- 13 EXHIBITA Description of Fiesta de la Flor and related activities Fiesta de la Flor - scheduled for April 13-14, 2018 - celebrates the fourth year of the festival dedicated to honoring the life and legacy of Corpus Christi's hometown icon, Selena Quintanilla. Predominately a music festival, Fiesta de la Flor features an incredible line-up of Latino musical acts that have tremendous drawing power across the globe. The footprint for the 2018 festival allows for shopping experience of international artisan vendors located inside the American Bank Center, an expansive food truck court that highlights South Texas cuisine and increased seating space of attendees. With top-notch production values, high-quality tech, a stellar fireworks show and many more amenities, the 2018 Fiesta de la Flor plans to build on its reputation as a transformative experience for Selena fans across the world! In 2017, the Fiesta de la Flor attracted approximately 55,000 attendees. Sixty-one percent of the attendees were from outside the greater Corpus Christi metroplex and the festival generated an estimated indirect economic impact of $15 million. The influx of visitors to Corpus Christi created 83.9% overall occupancy in hotels city-wide. Hoteliers enjoyed increased ADR (average daily rates) of over 21.7% compared to the same weekend in 2016. Attendees came from all over 42 countries - including Mexico, Brazil, Ecuador, Canada and more. Pre-sale tickets will be sold online via www.eventbrite.com; festival organizers continue work to honor Selena's diverse fan base by providing an exceptionally affordable festival ticket price point. Other opportunities for pre-sale ticket purchases will be announced after February 1, 2018. Fiesta de la Flor could not happen without it's valued community partners and its sponsors. The Corpus Christi Convention and Visitors Bureau gratefully acknowledges the Quintanilla family for their continued support and partnership in the development and success of Fiesta de la Flor. 14 EXHIBIT B Dates of Fiesta de la Flor: Friday,April 13, 2018 and Saturday April 14, 2018 Set-Up: Monday,April 9, 2018, with phased traffic closures beginning on that same day. Take Down: Sunday,April 15, 2018, with traffic control devices removed early morning Monday,April 16, 2018. 15 EXHIBIT C Site Map and Description of City Property being Utilized. Specific site layout may be subject to change. 11 .......................... r ri/irri ra +Nl kt� r i nue � ;aa 16 EXHIBIT D INSURANCE REQUIREMENTS L LESSEE'S LIABILITY INSURANCE A. Lessee (CCCVB) must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. 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 change Per occurrence - aggregate or termination required on all certificates and policies. Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 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 VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $$5,000 for Medical LIQUOR LIABILITY $1,000,000 Per Occurrence 17 PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee 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 Lessee or as requested by the City. Lessee 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 D. Lessee 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 18 • 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s)which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee'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. 2014 Insurance Requirements Parks and Recreation Dept. Fiesta De La Flor Event 12/29/2014 ds Risk Management SC 00 � 0 E AGENDA MEMORANDUM NCORPORP11 First Reading for the City Council Meeting of January 23, 2018 1852 Second Reading for the City Council Meeting of January 30, 2018 DATE: January 18, 2018 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director of Parks and Recreation jayell@cctexas.com (361) 826-3042 Construction Contract Dr. Hector P. Garcia Park Hike and Bike Trail CAPTION: Ordinance appropriating $264,000 of anticipated revenue from the Texas Department of Transportation in Fund No. 3280 for the Dr. Hector P. Garcia Park Hike and Bike Trail; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance No. 031249 to increase revenues and expenditures by $264,000; and authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting, LLC., of Corpus Christi, Texas in the amount of$305,106.60 for the Dr. Hector P. Garcia Park Hike and Bike Trail project for the base bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for a Hike and Bike Trail project, located in Dr. Hector P. Garcia Park near Greenwood Drive and Horne Road. BACKGROUND AND FINDINGS: This project is a joint TXDOT/City project with 80/20 respective cost sharing for the construction of a Hike and Bike Trail, located in Dr. Hector P. Garcia Park. The City share was funded through the Parks & Recreation Improvements Hike and Bike Trails (Bond 2012, Proposition 4) and the Greenwood Drive Improvement project (Bond 2012, Proposition 1). Dr. Hector P. Garcia Park Hike and Bike Trail project provides off-street connectivity from local neighborhoods to the park with a safe route to local schools. The new trail parallels Greenwood Drive and Airport Ditch connecting Horne Road, Lulac Village, Greenwood Park/Pool and was selected as the best alternative for safe connectivity with neighborhoods, park, schools and local transportation system. The new trail will connect and extend an existing trail on south side of the Park near Columbia Street. This project was initially developed with Greenwood Drive, from Gollihar Road to Horne Road (Proposition 1 Bond 2012 Street project) project to create an off-street trail through the park. The joint project allows the City to maximize resources with Metropolitan Planning Organization (MPO) to optimize mobility and connectivity for the local community in lieu of on-street striped bike lanes. The off-street shared walkway/trail is consistent with MPO's new mobility plan and is the most cost-effective solution. The State match for this project was approved in an amount not exceed $264,000, as part of the Metropolitan Planning Organization's 2016 Transportation Alternatives Program (TAP). The City's share (20%) is $61,021.32. Project Scope: New trail construction is a 10-foot wide Hot Mix Asphalt Concrete(HMAC)shared use path with signage, markings and ADA amenities. Project includes construction 10-ft wide 3,200 LF of Hot-Mix Asphalt Concrete trail through Dr. Hector P. Garcia Park. New trail includes four (4) new Timber Kiosks with concrete pads and new trail guide signs. On October 25, 2017, the City received proposals from seven (7) bidders and bids are as follows: Contractor Bid Mako Contracting, LLC. Corpus Christi, Texas $305,106.60 GCP Contractors, LLC. Needville, Texas 329,519.50 Grace Paving and Construction, Inc. Corpus Christi, Texas 351,989.83 R.S. Parker Construction, LLC. Corpus Christi, Texas 354,772.85 Mo-Con Services, Inc. Corpus Christi, Texas 373,113.32 ABBA Construction, LLC. Laredo, Texas 408,754.50 Gourley Contractors, LLC. Corpus Christi, Texas 652,339.67 Engineer's Opinion of Probable Construction Cost $310,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Govind Development, LLC. is the Engineer that was selected for this project under RFQ No. 2012-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget 146,398.60 146,398.60 Ordinance 264,000.00 264,000.00 (This Item) REVISED BUDGET $410,398.60 $410,398.60 Encumbered / Expended Amount Construction 305,106.60 305,106.60 (This item) Future Anticipated Expenditures This 105,292.00 105,292.00 Project BALANCE 0.001 0.00 Fund(s): Bond 2012 Greenwood Drive Street Project Bond 2012 Hike and Bike Texas Department of Transportation Comments: N/A RECOMMENDATION: City staff and Govind Development, LLC., recommend award of a construction contract to Mako Construction, LLC., in the amount of $305,106.60 for the base bid for Dr. Hector P. Garcia Park Hike and Bike Trail project. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation ORDINANCE APPROPRIATING $264,000 OF ANTICIPATED REVENUE FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN FUND NO. 3280 FOR THE DR. HECTOR P. GARCIA PARK HIKE AND BIKE TRAIL; CHANGING THE FY 2018 CAPITAL IMPROVEMENT PROGRAM BUDGET ADOPTED BY ORDINANCE NO. 031249 TO INCREASE REVENUES AND EXPENDITURES BY $264,000; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH MAKO CONTRACTING, LLC., OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $305,106.60 FOR THE DR. HECTOR P. GARCIA PARK HIKE AND BIKE TRAIL PROJECT FOR THE BASE BID. (BOND 2012) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to add $264,000 of anticipated revenue from the Texas Department of Transportation to the Dr. Hector P. Garcia Park Hike and Bike Trail (Bond 2012) SECTION 2. Revenues and expenditures in the amount of$264,000 are increased in the FY 2018 Capital Improvement Program Budget adopted by Ordinance No 031249. SECTION 3. The City Manager or designee is authorized to execute a construction contract for Dr. Hector P. Garcia Hike and Bike Trail (Bond 2012) for Base Bid only in the amount of$305,106.60 with Mako Contracting, LLC., of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE Dr. Hector P. Garcia Park Hike and Bike Trail PROJECT FUNDS AVAILABLE: Bond 2012 Proposition 1 Street CIP (Greenwood Drive) ......................................... 91,848.60 Bond 2012 Proposition 4 Parks CIP (Hike & Bike Trail) ........................................... 54,550.00 Texas Department of Transportation.................................................................... 264,000.00 TOTAL FUNDS AVAILABLE............................................................................. $ 410,398.60 FUNDS REQUIRED: Construction Fees:........................................................................................... 335,617.60 Construction (Mako Contracting, LLC) THIS ITEM.......................... 305,106.60 Contingency (10%)..................................................................... 30,511.00 TXDOT (Texas Department of Transportation)....................................................... 4,620.00 Construction Inspection and Testing Fees:............................................................ 20,225.00 Construction Inspection TBD........................................................ 14,225.00 Construction Phase - Materials Testing Services .............................. 6,000.00 Design and Geotechnical Fees:.......................................................................... 29,550.00 Engineer (Govind Development, LLC).............................................. 29,550.00 Contract Management, Reimbursements and Miscellaneous:.................................... 20,386.00 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)..... 7,954.00 Engineering Services (Project Mgt)............................................... 11,932.00 Misc. (Printing, Advertising, etc.).................................................. 500.00 TOTAL.......................................................................................................... $ 410,398.60 ESTIMATED PROJECT BUDGET BALANCE....................................................... 0.00 NUECES RIVER NUECES BAY ^ ' I\VI LE SCALE: N.T.S. HD o'PRi poR z HIP o CORPUS CHRISTI g LEOPARD 44 PROJECT LOCATION CORPUSCHRISTI OW/ 2138 INTEROR TIO L 358 S H'OR 7 W y N N CORPUS CHRISTI BAY ti 0 o<E R n .4 �E+N TEXAS A&M UNIVERSITY �O h'OkY CORPUS CHRISTI 35B N Z � C � TOCg3 Mph `o CABANISS pj Z OSO BAY CORPUS CHRISTI HELD Q NAVAL AIR STATION 885 43 o° FLOUR BLUFF 358 288 Q4 J O� �v Off, of °2 2444 Ibq�O�H VP 3C' LAGUNA MADRE LOCATION MAP NOT TO SCALE Project: E15142 Dr. Hector P. Garcia Hike & Bike CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Trail DEPARTMENT OF ENGINEERING SERVICES NW. Corpus Chr'sti Engineering Hector P. Garcia Park Hike and Bike Trail Council Presentation January 23, 2018 , Project Location Corpus Ch-stl Engineering PROJECT LOCATION N SCALE:N.T.S. CORPUS CHRISTI BAY a ORO BAY Q u an srn 93 FLOUR BLUFF �O i xw� � Project Vicinity �r j Corpus Chr'sti Engineering li I 1 yO��e N ,r Ra re sCALE!N.T.S. HIKE&BIKE TRAIL � I i 1 Park Limits N H,N, U I t% b v Project Scope i Engineering This project includes: • Construction of 3,200 LF of Asphalt Trail. • Installation of a total of 4 Timber Kiosks with Concrete Pads. • Installation of new trail guide signs along the new trail. This project is federally funded through Texas Department of Transportation (TxDOT). �d Project Schedule °U� Corpus Chr'sti Engineering O N D J F M Bid/Award Projected Schedule reflects City Council construction award in December 2017 with anticipated completion in March 2018. Project construction estimate = 60 days FEVELOPMENT LLC Lval'lu n"Il�"C�diviSI�II October 31,2017 City of Corpus Christi Engineering Services P.O.BOX 9277 Corpus Christi,TX 78469-9277 Attn: Jeff Edmonds,P.E.,Director of Engineering Services Re: DR.HECTOR P. GARCIA PARK HIKE&BIKE TRAIL City of Corpus Christi Project No E15142 Letter of Recommendation—Award of Contract Dear Mr.Edmonds, We have reviewed the seven(7)bids received on October 25,2017 for Dr. Hector P. Garcia Park Hike&Bike Trail City of Corpus Christi Project No-E15142.The project consists of the construction of a new asphalt hike and bike trail with park kiosks and trail signs. The bidders were Mako Contracting,LLC(Mako),GCP Contractors,LLC,Grace Paving and Construction,Inc.,R.S. Parker Construction,LLC,Mo-Con Services,Inc,ABBA Construction,LLC and Gourley Contractors,LLC.Majority of the contractors are from Corpus Christi,TX with the exception of GCP Contractors (Needville,TX)and ABBA Construction(Laredo,TX).The seven(7)bids have been evaluated and a Bid Tabulation has been prepared(see enclosed). The low bidder is Mako Contracting,LLC with a Total Base Bid of$305,106.60. We are in receipt of Mako's Statement of Experience(SOE) and Mako has completed five(5)projects for the City of Corpus Christi in the past five(5)years,with four(4)completed in the past two(2)years. Completed project construction costs range from$105,000 to $1,109,000.Mako's project management team has extensive experience in civil/site construction projects and is suitable for the project. Based upon our evaluation of the bids and SOEs,Govind Development,LLC recommends award of the project to Mako Contracting,LLC for the following bid amount: TOTAL BASE BID $305,106.60 If you have any questions,or require any additional information,please contact our office. Respectfully, Marcos I arra,-"P.E. Le4d Civil Engineer Govind Development,LLC Encl.—Bid Tabulation,Statement of Experience 9510 Leopard St•Corpus Christi,TX 78410 •Ph 361241-2777 •Fax 361356-4384•www.govinddevelopment.com SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of January 23, 2018 "`1852E° Action Item for the City Council Meeting of January 30, 2018 DATE: December 15, 2017 TO: Margie C. Rose, City Manager FROM: Steven Viera, Director of Human Resources SteveV@cctexas.com (361) 826-3445 Amending Chapter 39 of the Corpus Christi Code of Ordinances to revise Article III. - EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM; providing for severance, publication, penalty, and an effective date. CAPTION: Ordinance amending Chapter 39 of the Corpus Christi Code of Ordinances to revise Article III. - EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM; providing for severance, publication, penalty, and an effective date. PURPOSE: The purpose of this ordinance is to revise subsection (b) of Article III Section 39-309 to reflect the increase of the employee's contribution toward dependent premiums from 50% to 75% BACKGROUND AND FINDINGS: In prior years, the City contributed 50% toward the cost of dependent health plan premiums. The rapid rise of health care costs has resulted in large deficits in the health plan over the last several years. In an effort to continue to provide affordable health care to City employees, we have re-examined the City's contribution toward dependent premiums and determined that it is in the City's financial best interest to reduce its contributions toward dependent premiums from 50% to 25%. ALTERNATIVES: The City could choose to continue to contribute 50% of the dependent premiums or select a different percentile. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the Ordinance to amend Article III Section 39-309 subsection b, Coverage under the City's group health plan for eligible employees and members of the city council LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE Ordinance amending Chapter 39 of the Corpus Christi Code of Ordinances to revise Article III. - EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM; providing for severance, publication, penalty, and an effective date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 39 of the Corpus Christi Code of Ordinances is amended by revising Article III — EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, as follows: ARTICLE III — EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39-309. - Coverage under the city's group health plan for eligible employees and members of the city council. (a) Full-time employees are eligible for group health plan coverage as defined by the city manager and, where elected, shall contribute an amount not to exceed nine and one-half(9.5) per cent of the federal poverty line for a single individual for the applicable calendar year. (b) Full-time employees shall contribute :fifty....(50) sevenly.fliv ( ` ) per cent of the cost for dependent group health plan coverage for Citicare, if such coverage is elected. (c) Members of the city council and their dependents are eligible for the city's group health plan coverage, and where elected, shall contribute at the same rate as full-time employees for the cost of such coverage. (Ord. No. 24968, § 1, 7-23-2002; Ord. No. 025849, § 3, 7-20-2004; Ord. No. 027353, § 3, 7-24-2007; Ord. No. 027358, § 17 7-24-2007; Ord. No. 027778, § 77 7-22-2008; Ord. No. 028468, § 27 1-26-2010; Ord. No. 028685, § 17 7-20-2010; Ord. No. 030974, § 17 9- 27-2016) SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED, this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor gyvs cgA, o "fr l "`1882` AGENDA MEMORANDUM Public Hearing/First Reading (Tabled) for the City Council Meeting of January 23, 2018 Public Hearing/First Reading for the City Council Meeting of January 30, 2018 Second Reading for the City Council Meeting of February 13, 2018 DATE: December 22, 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 901 Airline Road CAPTION: Case No. 0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon, Jr.: A change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property is described as being Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street. PURPOSE: The purpose of this item is to rezone the property to allow for the operation of a vehicle sales establishment. RECOMMENDATION: Planning Commission and Staff Recommendation (November 15, 2017) Denial of the change of zoning from the "ON" Neighborhood Office District and the "CN- 1" Neighborhood Commercial 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: 7 Against: 0 Absent: 2 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District to allow for the operation of a vehicle sales establishment. The proposed rezoning to "CG-2" General Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. However, the proposed rezoning is inconsistent with PlanCC, the Southeast Area Development Plan, and past rezoning decisions. The proposed rezoning is also incompatible with neighboring properties and with the general character of the surrounding area. ALTERNATIVES: 1. Approve the request to the "CG-2" General Commercial District (Requires 3/4 vote) 2. 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 "CG-2" General Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. However, the proposed rezoning is inconsistent with PlanCC, the Southeast 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: Ordinances Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to Koolside, Block 6, Lots 24 and 25 less portion to right- of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial 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 Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("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, November 15, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial 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, and on Tuesday, January 30, 2018, 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 Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr ("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 Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street (the "Property"), from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District (Zoning Map No. 042037), 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\0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon,Jr\Council Documents\Ordinance_0717-01_Alrich Enterprises, DBA Richard Sanchez Motors&Ben L. Herndon.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 , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon,Jr\Council Documents\Ordinance_0717-01_Alrich Enterprises, DBA Richard Sanchez Motors&Ben L. Herndon.docx Page 3 of 3 m 21 22 Q� 4 CN- 1 h a o t, w a 13 r m s 0 16 4 12" 10 94 " SUBJECT] m PROPERTY- 180 17 PROPERTY m h m m 18 6 O - 6 w R� s " _ RS- 6 ^ J� 3 20" v g N 2 - - 9" „ �7 11 CN- ;`15 10 ry 15 a " M19 CAl- HUGO DR m M CN- 1 M „ CIN, - 1 0 Qv O m Q CIN- 1 SH44fyOCK DR M a Date Created:7/6/2017 0 400 M 800 P.,repared By:JeremyM Feet Department of Deveiop'hrent Services 0 CASE: 0717-01 ZONING & NOTICE AREA e ,co<`ygF Fgyo,P RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial �\ `•� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 ^x „ RM-AT Multifamily AT RS-6 Single-Family 6 """^^„„ CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 �,,, \,\• q� CN-2 Neighborhood Commercial RS-TF Two-Family �Fpq CR-1 Resort Commercial RS-15 Single-Family 15yo r CR-2 Resort Commercial RE Residential Estate <�,y\\ `�,, q'�Uc. CG-1 General Commercial RS-TH Townhouse CG-2 General CommercialAgan SUBJECT SP Special Permit Cl Intensive Commercial \• FSS_ CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR-3 Resort CommercialH Historic N FIR Farm Rural BP Business Park y '� '” Oso a Subject Property O Owners ¢ \�`\\\ """'"'*� City Of 1 P Y w.w„„,,, with 200'buffer in favor COtpUS 4 Owners within 200'listed on v Owners LOCATION MAP LL. attached ownership table /�in opposition C11r1St1 Exhibit A Ordinance amending the Unified Development Code ("UDC"), upon application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial 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 Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("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, November 15, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial 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, and on Tuesday, January 30, 2018, 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 Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr ("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 Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street (the "Property"), from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (Zoning Map No. 042037), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Sales" as described per the Unified Development Code (UDC). No on-site repair work of any type may be performed. 2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles for sale at one time. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Speakers: Outside paging, speakers, telephone bells, or similar devices are prohibited. 5. Screening Fence: A standard screening fence with a height of not less than six (6) feet must be located and/or maintained along any property line shared with a residential use. The fence must be installed before a certificate of occupancy is issued. 6. Hours of Operation: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 7. Landscaping: Landscaping must be provided in accordance with the vehicular use area requirements of the UDC. All landscape material must be kept in a healthy and growing condition at all times. All landscape material must be installed before a certificate of occupancy is issued. 8. Signage: No signs are to be installed on Dorthy Street except for the purposes of emergency or directional information. 9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Dorthy Street. 10.Access: Access to or from Dorthy Street is prohibited. 11.Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 13.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 K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\Council Documents\Ordinance_0717-01_Special Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L.Herndon.docx Page 2 of 4 permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\Council Documents\Ordinance_0717-01_Special Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L. Herndon.docx Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\Council Documents\Ordinance_0717-01_Special Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L.Herndon.docx Page 4 of 4 m 21 22 Q� 4 CN- 1 h a o t, w a 13 r m s 0 16 4 12" 10 94 " SUBJECT] m PROPERTY- 180 17 PROPERTY m h m m 18 6 O - 6 w R� s " _ RS- 6 ^ J� 3 20" v g N 2 - - 9" „ �7 11 CN- ;`15 10 ry 15 a " M19 CAl- HUGO DR m M CN- 1 M „ CIN, - 1 0 Qv O m Q CIN- 1 SH44fyOCK DR M a Date Created:7/6/2017 0 400 M 800 P.,repared By:JeremyM Feet Department of Deveiop'hrent Services 0 CASE: 0717-01 ZONING & NOTICE AREA e ,co<`ygF Fgyo,P RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial �\ `•� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 ^x „ RM-AT Multifamily AT RS-6 Single-Family 6 """^^„„ CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 �,,, \,\• q� CN-2 Neighborhood Commercial RS-TF Two-Family �Fpq CR-1 Resort Commercial RS-15 Single-Family 15yo r CR-2 Resort Commercial RE Residential Estate <�,y\\ `�,, q'�Uc. CG-1 General Commercial RS-TH Townhouse CG-2 General CommercialAgan SUBJECT SP Special Permit Cl Intensive Commercial \• FSS_ CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR-3 Resort CommercialH Historic N FIR Farm Rural BP Business Park y '� '” Oso a Subject Property O Owners ¢ \�`\\\ """'"'*� City Of 1 P Y w.w„„,,, with 200'buffer in favor COtpUS 4 Owners within 200'listed on v Owners LOCATION MAP LL. attached ownership table /�in opposition C11r1St1 Exhibit A r � i Zoning Case #0717-01 Public Hearing and First Reading for Property at 901 Airline Road City Council Presentation January 30, 2018 Subject Property at 901 Airline Road r 1 Vicinity Ma Y � � C rH 1 Close-up Aerial N' sir 111 yh ,7 Z 111111��f {1111)��vYir�7 � V�111i y ��l�// ��4dYW�%" 1q,��gr E l �11' 111111"v y�)�,��a,,,,,a�7���9 �77 �7�1,�9,,1�7,� �VyV��1,,I�,I�V (I i11111����111111,Yi1111111�l1����111� UPJ �. � ��, � IIIIrv,V i D v �j 3111111111�� U � � �,41 ll��llllkil1ld 9 r i `i/� �l��i `��ni�l p I �� � p itis i�i710,VUUV1iliiV1ili1if ,� :u \ \ Zoning Pattern y�« \/ \\ hl10 �1 IV � 4 Proposed Site Plan I I (..Ci 2 r Ex �'i \ C 1Atl� wt`...5'.SCREENNG",MICE � \ 24 iwyrwume uwnw:.,�amar —a,M1 mi mJTK FI#!lCT f 7 Planning Commission and Staff Recommendation 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Sales" as described per the Unified Development Code (UDC). No on-site repair work of any type may be performed. 2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles for sale at one time. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Speakers: Outside paging, speakers, telephone bells, or similar devices are prohibited. 6 Planning Commission and Staff Recommendation 5. Screening Fence:A standard screening fence with a height of not less than six (6) feet must be located and/or maintained along any property line shared with a residential use. The fence must be installed before a certificate of occupancy is issued. 6. Hours of Operation: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 7. Landscaping: Landscaping must be provided in accordance with the vehicular use area requirements of the UDC.All landscape material must be kept in a healthy and growing condition at all times.All landscape material must be installed before a certificate of occupancy is issued. 8. Signage: No signs are to be installed on Dorthy Street except for the purposes of emergency or directional information. 7 , Planning Commission and Staff Recommendation 9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Dorthy Street. 10. Access: Access to or from Dorthy Street is prohibited. 11. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 12. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 13. 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. w=� 7 ^ Planning Commission and Staff Recommendation Denial of the change of zoning to the "CG-2" General Commercial District in lieu thereof Approval of the "CN-1 " Neighborhood Commercial District with a Special Permit (SP) with conditions Code Enforcement History n fill nercati3, o-L—tl l(aa� C.Dt—t.,,(0) 1 1,,y rasp e��earq s�AP,Sl e55.Re +Edd- [APn^C aReYu�„ aoPAn�e,,�ez,` Development Services IIIIIIIIIIIII n � I� IIV Notified: ,zah Se „z 12/20/16 Z a 7 A” tDun aP lz/Z! ZlI.Z ^�« hY a p ura EHATTLE 1st Visit with ,,;k —SHOTz APTasa�Es ell, P Development Services: M1' k a� a 12/22/16 a _ -L FOR H R.Ro D7 E H aa,a RES h,a ve ,P�eee n del u NZIkM 5 .J a[z 1.Dun a, l/2a, IaA3j1LISD [onpe[e ] 1aN„GeRR 14CMEZ 4lM Sio o4�N iME P-1, fOCPe' PR Early Assistance Meeting: k" ��a,EHI,N ap,,a„oN IS-1 E,o - H � Ma; ��ne 3S1612017 Faye 3„6) ”""�� 3/16/17 (su no.�) JasM1n9[an i by zeq A latl � e� Mai ce r`I. +P c� A[h d +I IS I 1, _ mn a¢ Ji hili � I I ryy l.,0 UDC Requirements ,��„ (,;j" pail"" •a. uuu'I SII��� ;- , Noise: 7 foot wall if applicable as perUDC 7.9.8 IW � Setbacks: Street: 20 feet Parking: 1:500 Sf. Gross Floor Area 5 , I No ADA Spaces On-Site Uses Allowed: Retail, Offices, Apartments, P V Hotels, Restaurants, Storage, Bars, and Nightclubs XUGOOR Non-Conforming: Dumpsters, Lighting, Landscaping, Gates/Stacking, and Fill a� III VIII m� s"AbROKo No Certificate of Occupancy / R 1..l. PLANNING COMMISSION FINAL REPORT Case No. 0717-01 INFOR No. 17ZN1011 Planning Commission Hearing Date: November 15, 2017 Owner: Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. = Herndon, Jr. Applicant/Representative: Richard Sanchez Motors J 'C: Location Address: 901 Airline Road 5.06 o6 ch Legal Description: Koolside, Block 6, Lots 24 and 25 less portion to right-of- G way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street. From: "ON" Neighborhood Office District and the "CN-1" Neighborhood y Commercial District _ To: "CG-2" General Commercial District NCr Area: 0.54 acres Purpose of Request: To allow for the operation of a vehicle sales establishment. Existing Zoning District Existing Land Future Land Use "ON" Neighborhood Office Vacant and Site and "CN-1" Neighborhood Commercial Commercial Commercial "CN-1" Neighborhood _ North Commercial Commercial Commercial c y "CN-1" Neighborhood C South Commercial Commercial Commercial N c J Drainage, Government and East "RS-6" Single-Family 6 Public/Semi- Permanent Open X Public, and Park Space W Low Density Residential, Commercial and West "ON" Neighborhood Office Professional Medium Density Office, Residential and Vacant Area Development Plan: The subject property is located within the boundaries cof the Southeast Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. 0 > However, the proposed rezoning is inconsistent with PlanCC, the Southeast 06 Area Development Plan, and past rezoning decisions. 0. Map No.: 042037 2 Zoning Violations: Case V078127-122016. The vehicle sales establishment o is an unpermitted use in the "CN-1" Neighborhood Commercial District and has Q not ceased operation despite notification by code enforcement on 12/21/16 and citation on 3/13/17. Staff Report Page 2 c Transportation and Circulation: The subject property has approximately 126 feet of street frontage along Airline Road which is designated as an "Al" Minor c Arterial Undivided Street, approximately 211 feet of street frontage along _- Gollihar Road which is designated as an "C3" Primary Collector Street, and N = approximately 65 feet of street frontage along Dorthy Street which is ca designated as an Local/Residential Street. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type 95' ROW 90' ROW 26,274 O Airline Road "A1" Minor Arterial 64' paved 64' paved ADT (2013) i75' ROW 80' ROW 10 765 Gollihar Road "C3" Primary Collector50' paved 47' paved ADT (2015) Dorthy Street Local/Residential 50' ROW 48' ROW N/A 28' paved 26' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District to allow for the continued operation of a vehicle sales establishment. Development Plan: The subject property is comprised of 0.54 acres and has been operating illegally as a vehicle sales establishment. Existing Land Uses & Zoning: The subject property is currently "ON" Neighborhood Office District and "CN-1" Neighborhood Commercial District and is a vacant lot and a former retail establishment (Tropical Shade and Shutter). To the north are retail, restaurants, and single-family residences. To the east are single-family residences, Cullen drainage ditch, park land, and fire station 11. To the south are retail services along Airline Road and single-family residences along Dorthy Street. To the west are professional offices. 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 is consistent with the Future Land Use Map. However, the proposed rezoning is inconsistent with the following policies of the Southeast ADP and PlanCC: Staff Report Page 3 • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage a well-integrated development plan that protects existing residential neighborhoods when conversion of residential use to higher intensity use occurs; (Policy Statement f.). • In Table 1, Future Land Use Suitability, the "most suitable land use" column indicates those land uses least likely to cause negative impacts to the surrounding area and which most directly benefit the public health, safety, and welfare of the community. Uses described as "also acceptable" might be permissible, but they are likely to be negatively affected by the most suitable use or surrounding uses unless steps are taken to buffer negative impacts. Steps should be taken to prevent negative impacts and promote sensitive design (Policy Statement B.12). • Much of the area along Airline Road between South Padre Island Drive (SPID) and South Staples Street is transitioning from residential, office, and neighborhood commercial use to a more intensive commercial use. As this transition occurs the City will encourage the most intensive nodes of commercial development at the intersection of SPID and Staples Street. Between these high intensity nodes of commercial development the City will encourage a transition to a combination of unrestricted neighborhood commercial uses and some limited general commercial uses (Policy Statement B.12). Department Comments: • 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. • The "CG-2" District opens the possibility of more intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences. • No "CG-2" General Commercial District properties exist on Airline Road between South Alameda Street and McArdle Road. • Several rezonings have occurred along this portion of Airline Road since 1974. No rezonings have been granted for the "CG-2" General Commercial District. • Three Special Permits (SPs) have been granted along Airline Road between South Alameda Street and McArdle Road. The first in 1987 for the Crossroads Shopping Center (Catfish Charlie's). The second in 2001 for House of Cars which limits the number of cars that can be sold (11 cars). The third in 2004 is for Airline Motors which limits the number of cars that can be sold (14 cars). Currently, both Special Permits for vehicle sales are in nonconformance at last check on Friday, July 14, 2017. House of Cars has 14 vehicles posted for sale and Airline Motors has 24 vehicles for sale. Mr. Sanchez's unpermitted vehicle sales establishment (Sanchez Motors) has 32 vehicles posted for sale. Staff Report Page 4 • Despite the notification by the City's Code Enforcement Department, Sanchez Motors has continued to operate with several non-conformities with the Unified Development Code (UDC) and without a Certificate of Occupancy. Planning Commission and Staff Recommendation (November 15, 2017)- Denial 5, 2017):Denial of the change of zoning from the "ON" Neighborhood Office District and the "CN- 1" Neighborhood Commercial 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. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Sales" as described per the Unified Development Code (UDC). No on-site repair work of any type may be performed. 2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles for sale at one time. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Speakers: Outside paging, speakers, telephone bells, or similar devices are prohibited. 5. Screening Fence: A standard screening fence with a height of not less than six (6) feet must be located and/or maintained along any property line shared with a residential use. The fence must be installed before a certificate of occupancy is issued. 6. Hours of Operation: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 7. Landscaping: Landscaping must be provided in accordance with the vehicular use area requirements of the UDC. All landscape material must be kept in a healthy and growing condition at all times. All landscape material must be installed before a certificate of occupancy is issued. 8. Signage: No signs are to be installed on Dorthy Street except for the purposes of emergency or directional information. 9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Dorthy Street. 10.Access: Access to or from Dorthy Street is prohibited. Staff Report Page 5 11.Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 13.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: 7 Opposed: 0 Absent: 2 Abstained: 0 Number of Notices Mailed — 20 within 200-foot notification area = 5 outside notification area 0 As of October 13, 2017: a= In Favor — 1 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area CL — 0 outside notification area Totaling 1.43% 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\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\PC Documents\Staff Report_0717-01_Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr.docx m 21 22 Q� 4 CN- 1 h a o t, w a 13 r m s 0 16 4 12" 10 94 " SUBJECT] m PROPERTY- 180 17 PROPERTY m h m m 18 6 O - 6 w R� s " _ RS- 6 ^ J� 3 20" v g N 2 - - 9" „ �7 11 CN- ;`15 10 ry 15 a " M19 CAl- HUGO DR m M CN- 1 M „ CIN, - 1 0 Qv O m Q CIN- 1 SH44fyOCK DR M a Date Created:7/6/2017 0 400 M 800 P.,repared By:JeremyM Feet Department of Deveiop'hrent Services 0 CASE: 0717-01 ZONING & NOTICE AREA e ,co<`ygF Fgyo,P RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial �\ `•� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 ^x „ RM-AT Multifamily AT RS-6 Single-Family 6 """^^„„ CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 �,,, \,\• q� CN-2 Neighborhood Commercial RS-TF Two-Family �Fpq CR-1 Resort Commercial RS-15 Single-Family 15yo r CR-2 Resort Commercial RE Residential Estate <�,y\\ `�,, q'�Uc. CG-1 General Commercial RS-TH Townhouse CG-2 General CommercialAgan SUBJECT SP Special Permit Cl Intensive Commercial \• FSS_ CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR-3 Resort CommercialH Historic N FIR Farm Rural BP Business Park y '� '” Oso a Subject Property O Owners ¢ \�`\\\ """'"'*� City Of 1 P Y w.w„„,,, with 200'buffer in favor COtpUS 4 Owners within 200'listed on v Owners LOCATION MAP LL. attached ownership table /�in opposition C11r1St1 Persons with disabilities planning attend this meeting, who may require spy% iI services, are , Aed„ryt ”contact- the n �nt to contact the Development Services Department at least 48 hours in advance at (361)826-3240. Personas con incapacidades, clue ienen lay intencian de„a1 :o 48 horas antes de la iunta Ilamando al denartamento 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 v su ingles es limitado, favor de Ilamar al d rtamenq de servicios de dl rr it al n'm ro 61 26-324 I menos 48 horas antes de la junla pAra solicitar un interarete ser nresente durante la junta. CITY PLANNINGCOMMISSION PUBLIClNOTICE Rezoning ase No. 0717-01 Allrich Enterprises Inc., Q/B/A RichardSanchez Motors and Ben L. Herndon Jr. has petitioned the City of Corpus Christi to consider a change of zoning from the "ON” Neighborhood Office District and the "CN-111" Neighborhood Commercial District to the " -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: oolie, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 2 , located at the intersection of Airline Road and Goillhar Road, north of McArdle Road and south of South Alameda Street. 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, July 26, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p. ., 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 PRDPE"RTY OWNERS)-AND MAILED 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 Planning Gommission 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 or office,or In person, by telephone call or by letter. Printed Name: „TM w ' Address: � � � rLz- X. City/State: Ine.R P&r O1 ef'17'11__ IN FAVOR ( } IN OPPOSITION Phone: .aro Z- 76 S-- r/3 '"' REASON: n Y S " . y ell Signature SEE GAAP ON REVERSE SIDE Case No.0717-01 INFOR Case No.� 172 1011 Project Manager Andrew Dimas Property Owner I M 5 Email:AndrewD2@cctexas.com l�l l4 llu��llll ill {li i�l U E �,>fofr111! II e'",A�fl e U f q e1 1"Il rch a '^ IJl Y ��Ilw �Po l 1 )rcf�`I V ��If�11 1 i r'nniuuuuunuui1110iicm�m'AM,rii . .....ii...........i ' mO1�NNGik�WgCi,'rimmmm✓�uUri�ror b)�fIm" �mrum: rm��A rirrrrrrrrrrlririrrrrrrrrrrr City of Corpus Christi i ir�°��ppabanlul��lrpZI 7,14,'1I(V 2 Development Services Dept. 02 �^ S'1)00.46­ 0, ) 04 ­(ID , 113 0 a fl 1, 11.,. 14 ,"01-', P.U. Box 9277 Corpus ris i,Texas 78469 5 400200060220 HAXTON GARY W AND IRIS S 734 Burkshire Dr Corpus Christi,TX 78412 M , CN-4 I �.. �« aw n+ i1i),1 i—Ij i IhI r; up 31 flY e� r p t rJ - PROPERTY", ._. Po w I �I N_ t CNN HU 0 DR CH_ �� �� 11 I •p. F I I 0 r 6 C I ,... _. " _P /////PIIS!"////////// ^PIPIIIIIIIIIIIII .NIJ fWIR�/.Vdrd"/I'pUld.'�wpMi + �_ I, AWPo YtLIW IbYkfa"AbWWNahI'NR°. .�mmvw Alq, w CASE'OWN 0717 SUBJECT PROPERTYWITH ITH 'ONII gpe"), XVII,% plgA W%UWp%kI U � UNm UI II�611�ux�cear0.a lUall� .nn, ...... f^'� � � I iWINWR NA&dlly6fl' IIU Ik �Powrt �P� PI UWP pIIW IAI%tN�� k IW0.PUY IIA NM1PvnMI Ilmmm..Rl uum'mq J M4fld IMMeNml MduwMMI LNPPdk 11 114,E fl19 WNW F.wv 110 IP'aRm yoJ � "'� ria• yr- m'uu n ua�urm�nwm�'wmm m r u mlm tt&qfu unwro �tl'W �'� cul h',°j �" r„Pu'M un lup slm roawwra lc P¢ ulr 1m Ta-ll:nlmm+gyp . 1A,SUBJECT cm a WWW a fl� 6 r Ir ,vp 7k, N11 PROPI CIW7 IWronwMW IX',.aNUdo WnI0.U:ptl Ifltlff IW IP nhII�QVI[mmw r� I`r q ICma v,C IIA Ilill:b llUX URrUI II dl�uumw ' IG ""A WWII H d"IArmm ImW WIPoII AM1II WIWWAIIW-IU'U NPoP71 p Ilpml Pm,rWmmaa ull Id'M . d"auW 0.'ll��n Wwmm H`m a �d .Ip ICUN p IUlmnuA fa4mm u X aWll.mll - IIVIII&P� Il On duuWwn%d4vuWlW dMo.. J� w:iy Po':wlµ m carpuIs uuaImwnlr,uWwwwmi� ... LOCATION MAP, -n r1l m Cl :3. 0 r1i > J (D cn in 0. Z C) 0 C) r b CD Z 3 (D -4 Z cn rr, 's CD 0 LA z LA VP LA -0 0 Er c m m CL CD 0 pj n M LP (PD> r=L co P x :E C) a) o -4 Zn ,mus c� 00 v AGENDA MEMORANDUM NVORPORP11 1852 Public Hearing and First Reading for the City Council Meeting of January 30, 2018 Second Reading for the City Council Meeting of February 13, 2018 DATE: January 2, 2018 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Rezoning for a Property at 8101 Slough Road CAPTION: Case No. 1217-02 Dorsal Development, LLC. A change of zoning from "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. The property is described as being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located north of Yorktown Boulevard, east of Rodd Field Road, and west of Roscher Road. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a single- family home subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (December 13, 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: As detailed in the attached report, 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 a single-family home subdivision. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use Map, the Southside Area Development Plan (ADP), and Plan CC. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use Map, the Southside Area Development Plan (ADP), and Plan CC. 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 Dorsal Development, LLC. ("Owner"), by changing the UDC Zoning Map in reference to the property described as being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to "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 Dorsal Development, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, December 13, 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, January 307 2018, 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 Dorsal Development, LLC. ("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 a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located north of Yorktown Boulevard, east of Rodd Field Road, and west of Roscher Road (the "Property"), from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District (Zoning Map No. 041030), 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\1217-02 Dorsal Development, LLC\Council Documents\Ordinance_1217- 02_Dorsal Development, LLC..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 , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1217-02 Dorsal Development, LLC\Council Documents\Ordinance_1217- 02_Dorsal Development, LLC..docx Page 3 of 3 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. PH. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjrCkaol.com e-mail: nixmw1Lu)gmail.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 October 24,2017 10029-M&B RS 4.5-Beck.doc RS-4.5 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 19.398 acre tract of land,more or less,a portion of Lot 8,Section 25 and a portion of Lots 1 and 2,Section 34,Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume"A",Pages 41—43,Map Records,Nueces County,Texas,and being a portion of a 23.62 acre tract of land described by deed recorded at Document No.2016053639,Official Records of said county,said 19.398 acre tract of land as further described by metes and bounds as follows: BEGINNING at the common southernmost corner of said 23.62 acre tract for the southernmost corner of the tract herein described and easternmost corner of a 19.58 acre tract of land described by deed recorded at Document No.2013051241, said official records; THENCE N60058'3 1"W 1102.75'along the common southwest boundary line of said 23.62 acre tract and northeast boundary line of said 19.58 acre tract,northeast boundary line of a 19.56 acre tract of land described as Tract II in Document No. 2012015835, said official records, and northeast boundary line of a 20.02 acre tract of land described by said deed recorded at Document No.2012015835,to a point for the westernmost corner of the tract herein described and southernmost corner of an 11.483 acre tract of land described by deed recorded at Document No.2010027843, said official records; THENCE N28058'40"E partially along the southeast boundary line of said 11.483 acre tract of land 773.75'to a point in the southwest right-of-way of a 40' wide public road known as Slough Road extended for the northernmost corner of the tract herein described; THENCE S61002'22"E 1003.11'along said southwest right-of-way line of 40'wide public road known as Slough Road extended to a point for the northernmost east corner of the tract herein described; THENCE S00°00'52"W 205.77'along an east boundary line of said 23.62 acre tract to a point for the southernmost east corner of the tract herein described; THENCE S28058'43"W 594.92' along the southeast boundary line of said 23.62 acre tract to the POINT OF BEGINNING, a sketch showing said 19.398 acre tract for RS-4.5 Zoning being attached hereto as Exhibit`B". MOF *.19 aa�y ,•!* gyp' pu" um r.s..s•ava. aA r , NIXON M.WEL*a� . ..•y�yay •*a• NIXON M.WELSH,O.L.S. as++ 2211 var t EXHIBIT "A" Page 1 of 1 U Li J 11, 483 AC, TRACT, D❑C, M J J NO. 2010027843, O. R. LO V) DORSAL DEVELOPMENT, LLC ~(1JAW ti N28° 58' 40" E 773. 75' UO Q N -0 Q'J 0 U 0> CL 40' ROAD (SLOUGH C5 0 wn ROAD EXTENDED) N 20' UU O J A J Z u D W ¢moo cj cu M J p 4t ()00 W z To _ SECTION LINE LOT 8, SECT 25 _� _ p >; Ln ca L❑T 1, SECT 34 w L v l!7(1J 0.6 0 `� /� N Ww Ii A mC AL1 O ICU 0 GD z � PG U J O .J QMH mow 9S U .p J N W QML] m 2 J UOQ �(lJ 0 p 0 W LOT 1, SECT 34 Cj2 S 0 LOT 2, SECT 34 S28° 58' 43" W 594, 92' 10. 0 AC, TRACT, DALE "c) HOZ GREENBURG, MARY PAT S GREENBURG & L❑UIS PUGH, JR, , DOC. NO. 1997002749, ❑, R. �Oc' EXHIBIT "B" SKETCH TO ACCOMPANY BASS AND WELSH METES AND BOUNDS DESCRIPTIONS CORPUS CHRISTI, TX ENGINEERING 1" = 200' COMP. NO. EXB-ZONING-4.5 JOB NO. 10029 SCALE: 1" = 200' PLOT SCALE: SAME PLOT DATE: 10/24/17 SHEET 1 OF 1 i Zoning Case #1217-02 Dorsal Development, LLC. Public Hearing and First Reading for Property at 8101 Slough Road City Council Presentation January 30, 2018 1 Aerial Overview r r e 3/ rr r Ijl ��f Subject Property at 8101 Slough Road It N ICIn KI G z :C Zoning Pattern . �,,.,,.r„„ � rriCoftmrrnrta rx�xri iiiiii�rii�Jofrrrrrtrr,rrrrrrrrrr(/iFJfaifs�aoiairlcirfr�rrif�rr�rrrrruriraaakiarfrrrrr III pr(y/iJ,iri�lF.,i�r aJ�,i1... rrr✓ il,�/ �1�,��,rr i�l,%/�1��� / ! %'rl1U/�i r/r! / /�//r� ',, , ^.r^^ ;:, FrG r� ✓Jl +� r'>i/,//.✓rug ,���i/ ���/1//�f/i������1 ����f�f�lr// rl��/f Ids h i r!-•. 'r�/lair �,r � A;,IrirrYrrr„ r/�,�;/.,��� ��;r�f i f�,i�S i����...,;✓� , -/i/rr.,r(,-o���r /r°..!�r,rF f i 3✓�'�/..Ir r�1, � fr,a ,..�/�^.�����/,rr �i//her ���/ ���f, �,. /r/,r,�l/�f„?G,�r/,1,,v/r,�crrrri r / r,I„/r //fi J ��/,ra//,,r�,Ff,• F/r� /,rrr/,f/rrr,/rr�ir�r /�r�rtlrr../i:.✓r/,.xF�rrf A�.r,.,rrr (r., / /,1( �rr./� /�� rr /rll. /r � / �fr >�//I11,/ rr 211 p/a 1, � �t/J r ✓/ �r,r/f� �;rr, r�,, / /,r,rr-,rr.,,� f, /lr�/✓��(rr��r�rrr r/r�(rl✓/.dlF Ir�//�/�/�i,r����/�r lr�1/rr�!/f ���lr/ � �l%/,/ rrir rrr„ ✓rr/'r✓r-rrr ������f��������lr/�r,%�/r1�Gfrf����/lff��f/�����///, f,✓IJ„',^ (rf',//'.//�//„�,ll, %�1%�/�,/r %,// %/G��rwr/ll/ri/I�r/rIF/9%r;rrr / 1����///l ,�r ��%ri flr�rrrr% I 9/�➢t�.��,l�r /%,%//�r-;�/A�i:rAirri fl��,lY..�..rrrir�r�/���%r kdl�ri'I 1 li I /tl 7 Planning Commission and Staff Recommendation Approval of the change of zoning from the "FR" Farm Rural District to the "RS- 4.5" Single-Family 4.5 District. PLANNING COMMISSION FINAL REPORT Case No. 1217-02 INFOR No. 17ZN1041 Planning Commission Hearing Date: December 13, 2017 = Owner/Applicant: Dorsal Development, LLC. as � o Location Address: 8101 Slough Road ._ Legal Description: Being a 19.398 acre tract of land, more or less, a portion of 0. u Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located north of Yorktown Boulevard, east of Rodd Field Road, and west of Roscher Road. }, From: "FR" Farm Rural District _ To: "RS-4.5" Single-Family 4.5 District 'E Cr Area: 19.398 acres 0 Purpose of Request: To allow for the construction of a single-family home subdivision. Existing Zoning District Existing Land Use Future Land Use Medium Density Site "FR" Farm Rural District Vacant and Residential and Drainage Corridor Permanent Open Space c "RS-6" Single-Family 6 North District and Vacant Medium Density N "RS- TF" Two-Family Residential South "RS-4.5" Single-Family Vacant Medium Density y 4.5 District Residential W East "FR" Farm Rural District Vacant Medium Density Residential West "RS-4.5" Single-Family Vacant Medium Density 4.5 District Residential Area Development Plan: The subject property is located within the boundaries 06 of the Southside Area Development Plan (ADP) and is planned for medium c0a c density uses. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use Map, PlanCC, and the a o Southside Area Development Plan. Q > Map No.: 041030 Zoning Violations: None 0 Transportation and Circulation: The subject property is currently landlocked, L 0 but shares access to Yorktown Boulevard which is designated as an "A3" 0. = Arterial Street. ca L Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume L O C Yorktown130' ROW 165' ROW Boulevard "A3" Arterial Street 79' paved 28' paved N/A 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 a single- family home subdivision. Development Plan: The subject property is 19.398 acres in size. The owner is proposing a single-family residential subdivision with approximately 290 units. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and consists of a vacant property. The subject property was zoned "FR" Farm Rural in 1995 at the time of annexation. To the north is a large tract single family home and zoned "RS-6" Single-Family 6 District, Master Ditch 31, and vacant land. Master Ditch 31 has a drainage right-of-way width of approximately 185 feet and a depth of 5.28 feet. To the east is vacant land zoned "FR" Farm Rural and the Cayo del Oso. To the south are vacant tracts zoned "RS-4.5" Single-Family 4.5 District (part of this proposed subdivision `Azali Estates'), "RM-1" Multifamily District, "RS-TF" Two Family District, and "CG-2" General Commercial District. All rezonings occurred in 2014. The multifamily rezonings are identified on a proposed preliminary plat to serve as apartment complexes. To the west are vacant tracts zoned "RS-4.5" Single-Family 4.5 District in 2014, vacant land zoned "FR" Farm Rural District, and an existing subdivision (Grange Park Unit 1) zoned "RS-4.5" Single-Family 4.5 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not 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 "RS-4.5" Single-Family 4.5 District is consistent with the Future Land Use Map, PlanCC, the Southside Area Development Plan (ADP), and consistent with the following policies of the PlanCC: • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Staff Report Page 3 Department Comments: • The proposed rezoning is consistent with the Future Land Use Map, the Southside Area Development Plan (ADP) and PlanCC. • Surrounding properties have been rezoned with a pattern towards residential development as recently as 2014. • The Oso Parkway Master Plan requires large lot developments (1 acre or larger) along Oso Parkway with a minimum frontage of 150 feet. Additionally, the Oso Parkway Master Plan requires that lots with frontage on Oso Parkway, or series of lots, such that the average spacing of driveways is 150' or more when averaging both frontages. These issues will need to be resolved at the time of platting. • The subject property is a portion of a proposed 290 unit single-family subdivision. Staff Recommendation and Staff Recommendation (December 13, 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 — 9 within 200-foot notification area = 4 outside notification area 0 U As of December 8, 2017: a= In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area CL — 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\1217-02 Dorsal Development,LLC\PC Documents\Staff Report_1217-02_Dorsal Development, LLC..docx R'S.-6 8 RS-TF 2 7 9 RS's RS-6 -� 6 SUBJECT R PROPERTY 3 4 0 RS-4.5 5 1 RM-1 u T Date Created:1112812017 0 400 800 Prepared B r:JeremyM Fe t Department of Development Services CASE: 1217-02 ��,• y°< ZONING & NOTICE AREA °`ORS `•�^�. RM-1 Multifamily 1 IL Light Industrial ?O RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 \`\, Opp Cayo Del Oso RM-AT Multifamily AT RS-6 Single-Family 6 e SUBJECT CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 PROPERTXr'�"G- CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial `�• 5 �o RS-15 Single-Family 15 �y o•., r� CR-2 Resort Commercial RE Residential Estate °R�rzb �������������������������������� O�eA �`•�� CG-1 General Commercial RS-TH Townhouse �'k9°°° CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park �•. 9�'Oi�c�O CBD Downtown Commercial RVH Manufactured Home CR-3 Resort Commercial FR Farm Rural _ H Historic Overlay �'aaa - ------ °SO Cr,+ BP Business Park FE-11 Subject Property O Owners S / City Of with 200'buffer in favor 4 Owners within 200'listed on X Owners LOCATION COTpUS attached ownership table /�in opposition Chris SC AGENDA MEMORANDUM v First Reading (Tabled) for the City Council Meeting of January 16, 2018 NORPgRP�E� First Reading for the City Council Meeting of January 23, 2018 1852 Second Reading for the City Council Meeting of January 30, 2018 DATE: December 1, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Dan Grimsbo, Interim Executive Director of Utilities and Development DanGcctexas.com (361) 826-1718 FROM: Esteban Ramos, Water Resource Manager, Water Utilities Development Esteban R2@cctexas.com (361) 826 -3294 Amending City Code of Ordinance, Revising the City's Drought Contingency Plan CAPTION: Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Resource Management, regarding water resource management including drought restrictions, providing an effective date of February 1, 2018; and providing for penalties. PURPOSE: This amendment revises the City's Drought Contingency Plan. It is also a requirement of the TCEQ and TWDB to submit a revision every five years. BACKGROUND AND FINDINGS: On October 17, 2017 the City Council requested staff to reexamine the current Drought Contingency Plan in order to make adjustments in regards to current water supply conditions. The suggested changes are highlighted in Yellow regarding stage trigger level changes and termination requirement language. In addition, we are suggesting to remove the 15 consecutive day requirement. Drought CCR/LCC Target Termination Requirement Stage Combined Demand Response Reservoir Reduction Storage ........................................................................................................ ................................................................................................ �.......p......�........ .............................................................................................................................................................................................................................................................................. Sterne 11 dY@ �6(lor�Le TexaRa X50 Rther of pA:`1''..`Jd`"' Lake T Ra those GeRditieRS must evict fnr '1 5 fYFFF�t ism neRsenu hive mays ...., ...., ...., ...., ...., ..,., ..... ...., ....., ...., ...., ...., ...., ...., .....____.........., Stage 12- <40% 10% >50% Combined storage, #er15 "Mild" GA-Aser iti„e days .... .... Stage 23 <30% 15% >40% Combined storage, #er15 "Moderate” GeRseeuti„e days .... .... Stage 34 <20% 30% >30% Combined storage, #er15 "Critical” GA-Aser iti„e days Stage 46- Not 50% Emergency water shortage condition "Emergency” Applicable may be rescinded when the City Manager, or designee deems appropriate ALTERNATIVES: None OTHER CONSIDERATIONS: These Plans, once approved by City Council, will be submitted to TCEQ and TWDB. CONFORMITY TO CITY POLICY: EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: The Staff recommends approval of the Ordinance to amend the City's Drought Contingency Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance to amend the City's Drought Contingency Plan Drought Contingency Plan (as amended) Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55,Article XII Water Resource Management,regarding water resource management including drought restrictions, providing an effective date of February 1, 2018; and providing for penalties. Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource Management, are amended,with the new text shown in underlined redline text, and the deleted text shown in redline strike-through text, as follows: ARTICLE XII. -WATER RESOURCE MANAGEMENTLE Footnotes: --- (7) --- l :dli1ouim°'s unote rd II o 24396, § 1, ad() ed 11Maurv. 20, 2001, amended auk SII, Iiia uls en fires y, read as hereuua ss� ouuu� Il:()urvirrner au1 XH pei17auuasal k) sliiinlllar sulbe(1irrnaHer See llhe Code Compairafive Il sll)llce Sec. 55-150. -Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 1 , dated 29 Januak2, 204-3.2.0..1..8., as amended by ordinance, a true copy of which is on file 201....... J..... .......:...............................::.Y:.... in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. (d) Definitions. The following terms used in this article are defined as follows: Page 1 (1) "City manager"means the city manager or the city manager's designee. (2) "Drip irrigation" means an irrigation system that applies water at a controlled low-flow levels directly to the soil. (3) "Fountain"means an artificially created jet or stream of water; a structure, often decorative, from which a jet or stream of water issues. (4) 'Industrial customers use of water for processing"means the use of water in processes designed to convert materials of lower value into forms having greater usability. (5) "Non-essential purpose"means water uses that are not essential or not required for the protection of public health, safety and welfare. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-151. -Water conservation measures at all times. (a) The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels: (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out-of-repair water closets, underground leaks, defective or leaking faucets and taps. c. Allow water to flow constantly through a tap, hydrant, valve,or otherwise by any use of water connected to the city water system. d. Use any non-recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public rights-of-way. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless the city enters Stage 34 Drought. However, the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (3) Restaurant water saving:Commercial dining facilities must only serve water upon request. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § 1, 1-8-2002; Ord. No. 026235, § 1, 4-26- 2005; Ord. No. 026542, § 1, 11-15-2005; Ord. No. 028141, § 1, 4-28-2009; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-152. - Drought management: Drought contingency stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of stages: Page 2 (j2) Stage ° ,2 M..waBer;(.I ioi 9ag. Ag ..RV(Aera@@ erre;; r s4ea8w g& (29 n IIo B BtlR�..�ubI1QR10Von e c4,@ve &wate;,^;4o"i r a&w&G(�-44I4Fi)Rr (34) Stage 34: Critical water shortage condition. (45) Stage ^':15: Emergency water shortage condition. (b) Criteria for initiation and termination of drought response stages: (1) The city manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified "triggers" are reached. However, the city manager, in the exercise of the city manager's discretion, may initiate or terminate any stage when the city manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. (3) Whenever any of the stages listed below are triggered, the city manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of city's legal authority, the city manager shall require the city's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: #4 Q 14�rra;: b& irr964-CtE4 4) VE) H1441i4- GG-AG8-V@...Wate-...a44. 448r& tG 1.ra&GGr4) GRA,.. Gr44�R r at@r 646rr.4 y.4@ (;E�44Rrrd. 64)Rr �.q& !R@-ra@M Gf Q4okce Qagy(� -A....R veserv(( a 14 L::@ @ Qea;.�s....Qh-i ist:e...48�441-86 b&GW (5 9)-�@&Ii G&R:e rR �11F@Xa44a.:t()-r@98 r rrM tRrr(44.1&S RRrr.GW.(S..R.yR) 1.r8r.-GrrRt8 RRrr�R� irrrei�rrr B...rR 9rrrd��i�ie�w�eir; &te;qrr 1 oft4e RI:G5y.-R r&irrGGy-14@dW. ':118144 @ GG4:4Rrrd .:4*a-9rr Ilrr��rrR r;f Q4E)��& Qagyra+r R R&G@rvO4r...a4 QGrl@HG Qh-i iGt:8 Garr@.:&.: (99)- 1@@r G&R c a::&xa4a._r4 a-9@ yIGarrar:arr.: 9 R MR-Rear of t4rrs@ nl�uGt rrXiGe..#R a pe-40d Of 4 5 GG-A :rr4.4tu V days of Rywrg& R., (R Stage 12 hfild yp ' hortag �qla a 4M:*r�ari& crr4414r41� Requirements for initiation -The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below forty(40) per cent. Requirement for termination -Stage.:1..2 of the plan may be rescinded when the combined storage level yincreases above fifty (50) per cent .# a I�@rr4R�r-� G #4@&H (,9w:;)....cp R .:rr�;!p uei�rr days:: -R:�pe—n �'! I IR"Iw"BIMrF Y G " rg 8i.'.,..& r&w$G...,4 RNG?S✓)i: 1@s . 9age Slc.«r r re walershodag2 Requirements for initiation -The combined storage levels declines to below thirty(30) per cent. Requirement for termination -Stage3--of the plan may be rescinded when the combined storage level increases above forty (40) per cent ...4 a pe-4o4 Gf RMR9-rrRar (15) GG-A :84!,4te err @y,V.SyS,,. Upon termination of Stage 2:3, Stage.:1.:2 becomes operative. (,34) Stage 314- Critical water shortage condition: Requirements for initiation -The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below twenty(20) per cent. Page 3 Requirement for termination -Stage 34 of the plan may be rescinded when the combined storage level increases above thirty (30) per-cent,,,,, A�* ,; pE?44)d Gf 1A@&H (15:). d�ay&.,: Upon termination of Stage 34, Stage.1�1;':3 becomes operative. (::15) Stage 45-Emergency water shortage condition: Requirements for initiation -When the city manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or manmade contamination of the water supply source occurs. Requirement for termination -The emergency water shortage condition may be rescinded when the city manager, or designee, deems appropriate. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-153. - Drought management: Drought best management practices per stage. (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices (BMP)are listed below bystage. During Stages 1.:2,29,and 34, requests for exceptions may be presented to the director of water operations or his designee. (1). I::.w:i qew: vc:k1441�y...-(5) I@8G&R 1��8d-H4GHq ieR 4a4-y W..,46 44 ��..��:do �, wrvir w,.. w1iNw iwir w1 y; 1 +w ; �.aII Ny&ys4erl, (2) I3@st er:-@i4 agan::;@ R8 p @44,-(ax.;..-1r s�:ppF 4y 4aag&R'4&H8 4118 G45y.-w 4 @Ra-Gt gara4ar4Ja y nce sou res to rE464G& Gr 46GG-AtA R64e...t4@ Wr:d114R9 Gf water 14:4R.G 4" I:�a..���9i:p..�4� ��. ..ui������ 6���4IM 8 Ww:�� Ar* ReRLeata-bk­)-�u.:as ee-t4e9ie�;tese &A&H9 (9) VV :e&l He& #4 @d-64GM49 4814: :R4� GH:a-tG i:@aG..... @ a&964—Cax.:eed to vra4Jw 1r 4y ...4qJ_:4o18 Of era-c;:RG& :ae-�...W@&kc....:4d118W;;t@rW-19 be C 44-18d..byt4@..G4or desi�qR@&,,. 4 � A4- Gf t4e Quit Gf Qc:ffHG y 64a4m4:..W��4@a He& L@a&GGrM;mu&d (F:: Vy"ae&ir ..uie ..ra1� @G-1@d 4).... ;.a . 4(,-G- W.. @r w:44 eG- 44_114:1i@ r Cllp g Y ��r ... Stage �s.: response.... hliild...i�� (1) Target: During Stage 12, achieve a ten (10) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) &@st @a,@4:p-c # .:��pF 4-"y nca4agancc&He 4R the best management practices for supply mans ement 114,:8@d �ui44@a ' ew������w�� 1�,�������the cit will also p pp y g � �� y do the following during Stage 12: a. Use more repair crews if necessary to allow for a quicker response time for water-line leak repair; and Page 4 b. City crews (water and other departments) begin monitoring customers' compliance with Stage 12 restrictions during the course of their daily rounds. (3) The following water use restrictions shall apply to all persons during Stage 12: a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day in accordance with drought contingency plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the city water department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. c. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure,the facility shall not be subject to these regulations. d. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. e. Except for immediate fire protection or flushing of water lines,the use of water from a hydrant is only allowed with a permit granted by the director of water operation or his designee and a construction meter obtained from the utility business office. �dStage .S response - l r«d.....:.r.........'......ga64water shortage conditions. (1) Target: During Stage 1,;r3, achieve a fifteen (15) percent reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 12, the city will also do the following during Stage 23: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water use restrictions for demand reduction: All requirements of Stage 12 shall remain in effect during Stage 23 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval Page 5 by the director of water operations or his designee, for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the city water department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. The watering of golf course fairways with potable water is prohibited.The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. (4) During Stage 23, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 34 response - Critical water shortage conditions. (1) Target: During Stage .3.4, achieve a thirty(30) per cent or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 3 water shortage conditions to discourage discretionary water use, as described in section 55-154 for retail customers and section 55-159 for wholesale customers. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 2:3, the city will also do the following during Stage 34: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water use restrictions for demand reduction: All requirements of Stage.:1..2. and 2:3 shall remain in effect during Stage 34 except as modified below: a. Irrigation of landscaped areas shall be prohibited at all times. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless utilizing water from a non-city alternative source) is prohibited. d. The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 2„9 watering day and shall be done by hand or drip irrigation method. e. All fountains shall only operate to circulate water in order to maintain equipment. f. The use of water for construction purposes from designated fire hydrants with a special permit will continue with a ten (10) per cent surcharge added to the water rate. (4) During Stage 34, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. Page 6 b. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (f) Stage 45 response -Emergency water shortage conditions. (1) Target: During Stage 41 , achieve a fifty (50) per cent or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 54 water shortage conditions, as described in section 55-154. During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the city manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the city, under the city manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the city, under the city manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage.3.4, the city will also do the following: • Call the ten (10) largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. (3) Water use restrictions for demand reduction: During Stage m415, all requirements of Stage .:1..2., 2,9, and 34 shall remain in effect except as modified below: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat,trailer,or other vehicle is absolutely prohibited. c. Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4) During Stage 41 , the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. - . -Surcharges or drought toes g g g 9) "4 and 415, and service measures. (a) General. (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The city council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. Page 7 (2) This section, and the surcharges and measures adopted herein are an exercise of the city's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) With city council approval, the city manager or designee is authorized to determine trigger points and surcharges during Stages ,�.��, ,w1mr.�.and mr y.emergency water shortage conditions. „�,��;,, „ (4) In this section, institutional customer means city utility customer which operates as a not-for-profit entity. (5) A customer may appeal an allocation or drought surcharge triggering point established under this section to the director of water operations or his designee on grounds of unnecessary hardship through the process outlined in section 55-155. (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the water department as reflected in the city operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to city council for city council direction. (b) Residential water customers, who are not billed through a master water meter. (1) A monthly base amount of three thousand (3,000)gallons shall be established as a trigger point for each customer.Water consumption up to and including this amount will not include a drought surcharge. (2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. (1) Once Stage.:1..2 condition has been declared, property managers of multi-tenant units shall notify the city director of water operations of number of residential units in their facility for determination of allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per master water meter. A monthly base amount of three thousand (3,000)gallons shall be established as a trigger point for each residential unit. (2) When consumption for the month is less than or equal to three thousand (3,000) gallons times the number of residential units, there will be no surcharge. (3) With city council approval, when consumption is above the three thousand (3,000)gallons times the number of units, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (d) Commercial orinstitutional customer. (1) A monthly water usage allocation shall be established by the city manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than twenty (20) per cent of total capacity (Stage 34), the commercial or institutional customer's allocation shall be ninety(90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2..„1 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, ninety(90)per cent of whose monthly usage is less than six thousand (6,000)gallons, shall be allocated six thousand (6,000)gallons. Page 8 d. The city manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the city' utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager: 1. If one (1) nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or 2. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is Tess than twenty (20) per cent of total capacity (Stage 34), the industrial customer allocation shall be ninety(90)per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12)months prior to the implementation of Stage.:1.,2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one-twelfth of ninety (90) per cent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on ninety (90) per cent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. Page 9 (f) Commercial, institutional, and industrial customers shall pay the following drought surcharges: (1) Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons per month: a. Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000) gallons over allocation. b. Eight dollars ($8.00) per one thousand (1,000)gallons for the second one thousand (1,000) gallons over allocation. c. Sixteen dollars ($16.00) per one thousand (1,000)gallons for the third one thousand (1,000) gallons over allocation. d. Forty dollars ($40.00)for each additional one thousand (1,000)gallons over allocation. (2) Customers whose allocation is twenty-one thousand (21,000)gallons per month or more: a. One(1)times the block rate for each one thousand (1,000)gallons in excess of the allocation up through five (5) per cent above allocation. b. Three (3) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) per cent above allocation. c. Five (5) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) per cent above allocation. d. Ten (10) times the block rate for each one thousand (1,000) gallons more than fifteen (15) per cent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the city). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the city)to the extent reasonable and practical under the circumstances. (h) For residential customers, the following measures come into effect after city council approves a drought rate surcharge; for nonresidential customers, these measures come into effect at Stage .3^4,. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2)or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by four thousand (4,000)gallons times the number of dwelling units or more two (2)or more times (which need not be consecutive months). Page 10 (3) Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons exceeds its allocation by seven thousand (7,000)gallons or more two (2)or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand (21,000) gallons or more exceeds its allocation by fifteen (15) per cent or more two (2) or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers, after the first disconnection, water service shall be restored upon request for a fee of fifty dollars ($50.00). (6) For such customers,after the second disconnection,water service shall be restored within twenty- four(24) hours of the request for a fee of five hundred dollars ($500.00). (7) If water service is disconnected a third time for such customer,water service shall not be restored until the city re-enters a level of water conservation Tess than Stage 29. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (8) The city manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer(for example, a major water line break)for the following conditions: (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. Q) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like,such references shall mean the period in the city's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is thirty(30)days, but a variance of two (2)days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Sec. 55-155. - Requests for exemptions and variances. (a) The director of water operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this article shall file request on city-provided application for exemption/variance with the city water department within five (5) days Page 11 after a particular drought response stage has been invoked.All request forms shall be reviewed by the director of water operations or his designee, and shall include the following: (1) Name and address of the water user(s). (2) Purpose of water use. (3) Specific provision(s)of the ordinance from which the water user is requesting relief. (4) Detailed statement as to how the specific provision of the ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this plan. (5) Description of the exemption or variance requested. (6) Period of time for which the exemption or variance is sought. (7) Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this plan and the compliance date. (8) Other pertinent information; or as required on permit application. (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three(3)business days of receipt of complete application. (e) The director of water operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the director of water operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2)feet of the street number located on the premises. (g) A person denied request for permit or exception from these rules may appeal the decision to the assistant city manager for public works, utilities and transportation by submitting written request for appeal to the assistant city managerwithin five(5)business days from issuance of denial.The decision of the assistant city manager shall be final. (h) Violations of any permit condition may be enforced under section 55-156. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-156. -Violations, penalties, and enforcement. (a) A violation under this article is a class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by V.T.C.A., Penal Code § 6.02 is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. Page 12 (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-157. - Effluent distribution; permit and regulations. (a) Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this section, the city may make available effluent water discharged from its sewage treatment plants for the purpose of watering lawns, grass, and other plants, dust control and similar uses. (1) Such effluent water shall be made available only under the terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2) The city shall be under no obligation to provide such effluent and reserves the right to discontinue such service at any time and to limit the volume and to establish or alter loading procedures and/or locations as necessary for the efficient administration of the wastewater division. (b) No effluent distribution permit shall be issued except upon application filed with the wastewater division of the city. Every such application shall contain the following information: (1) Name of applicant. (2) Name of authorized representative (e.g., president of corporation; partner, etc.) if applicant is other than an individual. (3) Business address and phone number. (4) Residence address and phone number of authorized individual representative. (5) Description of each vehicle and container unit to be used in the transportation or distribution of effluent water, including the make, year, model, type, weight and gross vehicle weight, container capacity in gallons, vehicle registration number, and the state safety inspection certificate number and expiration date. (6) Names and driver's license number of every proposed driver of such vehicles. (7) Statement of previous use of container units and any proposed use after or concurrently with such units use for effluent distribution. (8) Statement of the proposed uses of any effluent water, including whether the use is proposed for residential, commercial, or industrial purpose. (c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the wastewater superintendent, or the superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issue a permit for each such container unit. Page 13 (1) The permit shall identify the particular unit for which it is issued and shall be displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. (d) The permit fee shall be fifty dollars ($50.00)per month for each unit plus five dollars ($5.00) per month for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one thousand (1,000)gallons of capacity. (e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be on a monthly basis. (f) Notwithstanding subsection (g) of this section, a resident of the City of Corpus Christi may obtain effluent at no charge from a wastewater treatment plant,designated by the wastewater superintendent, for the irrigation of vegetation, dust control, or watering a foundation at the individual's personal residence. (1) Any effluent received under this subsection may not be sold or transferred to another individual or used for commercial purposes. a. Before receiving effluent the resident must obtain a permit from the wastewater superintendent, or the superintendent's designee. b. Prior to receiving a permit,the resident must complete a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. c. Any container used to receive and transport effluent must have a lid or cap, be watertight, and be properly secured to the vehicle. d. All containers are subject to inspection and approval of the city health department or wastewater department. e. Any effluent received under this subsection must be immediately transported to the personal residence of the individual receiving the effluent and used for the irrigation of vegetation, dust control, or watering a foundation. f. The effluent may not be stored for future use. g. A resident using effluent for the irrigation of vegetation or dust control must post a sign on the property legible from the street stating that effluent is being used on the property. h. Every resident obtaining effluent under this subsection must either: 1. Provide proof of and maintain in force a property liability insurance policy (homeowner/renter)in the amount of three hundred thousand dollars ($300,000.00)per occurrence; or 2. Sign a form provided by the superintendent that releases the City of Corpus Christi from any liability resulting from the resident's improper use or transportation of the effluent and agree to hold the city harmless, including reimbursing the city for the costs of defending itself. (g) Every effluent distribution permit shall be subject to the following terms and conditions and no person shall receive or distribute effluent water except in compliance herewith: (1) Container units or tanks shall have a minimum capacity of five hundred (500) gallons; shall be capable of being closed water-tight and shall be so closed during transport of effluent water; and shall be maintained in a leak-proof condition; provided, however, that special permits may be issued for container units with a capacity of less than five hundred (500) gallons upon the determination by the wastewater division superintendent that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety. Page 14 (2) No vehicle may be used in connection herewith which has not been reported on the application and approved for such use. (3) Every driver or handler must be certified by the wastewater division prior to receiving any effluent water from the city. a. The wastewater division may certify a driver or handler who has completed a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. (4) Effluent water shall be used as soon as possible to prevent regrowth of bacteria. a. Permittees shall check effluent water in their units not less than every four (4) hours for chlorine residual, except for effluent stored in fixed-site containers which shall be checked not less than every eight (8) hours. (5) Chlorine residuals shall be maintained at one (1) milligram per liter (parts per million) [one (1) mg/one (1) (ppm)], consistent throughout the effluent container. (6) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the city by a federal or state regulatory agency or the applicable regulations of a federal or state regulatory agency. (7) Effluent containers, including those used for storage, shall be subject to inspection and approval of the city health department or wastewater division, whose inspectors are hereby authorized to prohibit the use of any container or effluent water which is determined to be outside the parameters established in this section or is otherwise determined to present a danger to public health. (8) Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive general liability insurance in the amount specified by the city's risk manager under section 17-19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The city shall be named as an additional insured on the general liability insurance policies. (9) By acceptance of a permit under this section and/or receipt of effluent water from the city system, the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless, the City of Corpus Christi, Texas, its agents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to person or property in anyway related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than 10-point type, substantially as follows: "CAUTION" "You are hereby advised that effluent water is the discharged water from a sewage treatment plant. The Director of Public Health has determined that improper use or handling could be harmful and recommends the following precautions: 1. Do not use effluent water for drinking, bathing, or personal hygiene purposes. 2. Do not use effluent water for washing autos, clothes, or other personal contact items. 3. Do not use effluent water in swimming pools or for similar recreational uses. 4. Do not allow children to play on grass wet with effluent water, wait until it dries. Page 15 5. Do not use effluent which has been stored for more than four (4) hours unless the chlorine residual level has been tested and is not less than one (1) part per million [one (1) mg/one (1)(P.m.)j. 6. Application of effluent shall be by coarse stream and shall not be by fine spray." (h) Violation of any of the cautions set forth in subsection (g)(10) of this section, by any person, is a violation of this section. (i) Violation of any of the provisions of this section, in addition to the general penalties provided in this particle, shall result in denial or revocation of any such violator's effluent distribution permit. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001) Editor's note—Formerly numbered § 55-158. Sec. 55-158. -Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers,the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) In order to provide maximum dependable yield from the two (2)reservoirs,the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four(74)feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. (3) Under the agreed order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, city shall: (1) reduce targeted inflows of water to Nueces Bay to one thousand two hundred (1,200) acre-feet when reservoir system storage falls below forty (40) per cent of capacity; and (2) suspend targeted inflows when reservoir system storage falls below thirty(30) per cent of capacity. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-159. - Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) In the event that the triggering criterion specified in section 55-152 for Stage 29 have been met, the city manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with V.T.C.A., Water Code § 11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the city manager, or the city manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale Page 16 treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The city manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the city manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro rata surcharges and enforcement. (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through five (5) per cent above the monthly allocation. b. Two and one-half (2.5) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from five (5) per cent through ten (10) per cent above the monthly allocation. c. Three (3.0)times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from ten (10) per cent through fifteen (15) per cent above the monthly allocation. d. Three and one-half(3.5)times the normal water charge per unit for water diversions and/or deliveries more than fifteen (15) per cent above the monthly allocation. (c) Variances. (1) The city manager, or the city manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health,welfare, or safety, and if one (1)or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the city manager within five (5)days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the city council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the Page 17 petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council: a. Variances granted shall include a timetable for compliance. b. Variances granted shall expire when the pro-rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the city under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. (Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Editor's note—Formerly numbered § 55-159.1. Section 2. The Drought Contingency Plan adopted by Ordinance No. 029846, as amended by Ordinance 030545, and 031160, is hereby amended to reflect these changes, and the amended Drought Plan be filed of record with the City Secretary's Office. City staff is directed to submit the amended Drought Contingency Plan to the Texas Commission on Environmental Quality and the Texas Water Development Board and as required by law. Section 3. Staff is directed to submit a copy of the approved ordinance to the wholesale water customers. Section 4. Publication and Effective Date. This ordinance shall be published in a newspaper of general circulation. This ordinance takes effect on date of January 15, 2018. Section 5. Severability. It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. Page 18 Section 6. Penalties. Violations of this Ordinance shall be enforced pursuant to City Code of Ordinances Section 55-156. Section 7. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, 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 2018, 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 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 19 Drought Contingency Plan 1. Introduction This document is the Drought Contingency Plan (DCP) for the City of Corpus Christi (City). This DCP was created so that the City can cut back demand when supplies are low so the residents have enough water to make it through a drought. This DCP clearly explains the triggers initiated by a drought and the steps to be taken during each stage of a drought. There is also information in this DCP which explains the steps to be taken in a water emergency, such as when supplies are cut off or contaminated. This DCP is different from the Water Conservation Plan (WCP) because it only takes effect when there are drought conditions. The WCP is a year-round guide, regardless of the drought conditions, and contains several regular best management practices. The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers has also been included in Section 16 in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.22. 2. Declaration of Policy and Reason In order to conserve the available water supply, to protect the integrity of water supply facilities with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety, and to minimize the adverse impacts of water- supply shortage or other water-supply emergency conditions, the City hereby adopts the following regulations and restrictions on the delivery and consumptions of water. The Water Resource Management Ordinance which gives the City the authority to regulate and enforce this DCP is included as a supporting document. Water uses regulated or prohibited under this DCP are considered to be non-essential, and continuation of such uses during times of water shortage or other emergency water-supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 13 of this DCP. Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of three reservoirs: Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana. However, the criteria to trigger drought response stages are based on the combined capacity of Lake Corpus Christi and Choke Canyon 1I Page^ Reservoir. (See Section 8). Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher since Lake Texana supplies were added in October 1998. Because of the frequency of drought in South Texas, the following DCP has been developed. This DCP adopts measures that will dramatically cut water consumption in order to conserve water supplies. 3. Public Education A public meeting to receive comments on the DCP was held at the City Council regular meeting on De eirnbe P 1 lay 2&:; 29 7 and was adopted by ordinance on ,.un..u1,Ljau Y IQ2i� 31II'4.Y The City will periodically provide the public with information about the DCP, including information about the conditions under which each stage of the DCP is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by utility bill inserts, notices in the Corpus Christi Caller-Times, and notice on the City's website (www.cctexas.com). Notification to the public about when drought stages go into effect or when restrictions are lifted is explained in more detail in Section 9. 4. Coordination with Regional Water Planning Groups The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of the Nueces River Authority. The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 5. Authorization The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of the DCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency responses as described in this DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate 21 Page^ or terminate any stage when the City Manager deems necessary at any particular time. The City Manager shall notify the members of the City Council before implementing any measures. 6. Application The provisions of this DCP shall apply to all persons, customers, and property utilizing water provided by the City of Corpus Christi. The terms "person" and "customer" as used in the DCP include individuals, corporations, partnerships, associations, and all other legal entities. 7. Definitions For the purposes of this Chapter in this DCP, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial, non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contract (end-user) water customers: a private entity that has a contract with the City to receive raw or treated water supplies for its sole use (i.e. does not resell to other users). Customer: any person, company, or organization using water supplied by the City of Corpus Christi and paying a retail water bill. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and use. Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison, or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way, and medians. 31 Page^ Non-essential water use: water uses that are not essential or not required for the protection of public, health, safety, and welfare, including: • irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this DCP; • use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle; • use of water to wash down any impervious cover including sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; • use of water to wash down buildings or structures for purposes other than immediate fire protection or health reasons; • flushing gutters or permitting water to run or accumulate in any gutter or street; • use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools; • use of water in an aesthetic feature including fountain or pond except where necessary to support aquatic life; • failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak; and • use of water from hydrants for construction purposes or any other purposes other than fire fighting or flushing needed to maintain chlorination levels and protect public health. Reservoir Capacity: the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, as measured in percentage of the full combined volume. Wholesale customers: any public or private utility that has a contract with the City to receive raw or treated water supplies and authority (through contracts) to resell this water to other users. 8. Criteria for Initiation and Termination of Drought Response Stages The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the DCP, that is, when the specified "triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any time. This section explains the triggers of each stage. Best management practices and water use restrictions for each drought stage are described in Section 10. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, based on the TCEQ 2001 Agreed Order (amended April 17, 2001) relating to inflows into Nueces Bay and Estuary. The full Agreed Order is in the Appendix. 41 P a g e 8.1. Stage| - � - Requirements for initiation| —Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses described in Section 10 when the combined storage level declines to below 40 percent. Requirement for termination — Stage 1 2 of the OCP may be rescinded when the COnObiOSd StO[@0S |SvS| iOC[S@SSS above 50 pS[CSO 8.2. Stage 23— Gon-ditron Requirements for initiation —Customers shall be required to comply with the | | requirements and restrictions on certain non-essential water uses for Stage 2­9 of this OCP when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 2�of the O(�P may be rescinded when the combined StO[@0S |SvS| iOC[S@SSS @bOvS 40 pS[CSOt for @ period days,� Upon tS[nOiO@dOO Of Stage 23' Stage 12 bSCOnOSS OpS[@dvS. 8.3. Stage 311114—Critical Water Shortage Condition Requirements for initiation —Customers shall be required to comply with the | | requirements and restrictions on certain non-essential water uses for Stage 34 of the OCP when the combined storage levels declines to below 2O percent. Requirement for termination — Stage 3 4 of the O(�P may be rescinded when the combined StO[@0S |SvS| iOC[S@SSS @bOvS 30 pS[CSO '�"= Upon tS[nOiO@dOO Of Stage 34' Stage 23 bSCOnOSS OpS[@dvS. 8.4. Stage 15 — Emergency Water Shortage Condition Requirements for initiation —Customers shall be required to comply with requirements and restrictions for Stage -5 of this DCP when the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man-made contamination of the water supply source occurs. Requirement for termination —The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. 9. Drought Stages Response Notification The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures. Notification of the Public: The City Manager, or designee, shall notify the public for every change in drought stage status by any or all of the following: • City's website (www.cctexas.com) • Publication in the Corpus Christi Caller-Times • Notice on the monthly billing • Public Service Announcements • Signs posted in public places Additional Notification: The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified directly, the following individuals and entities for every change in drought stage status: • Mayor and members of the City Council • Fire Chief • City and/or County Emergency Management Coordinator • County Judge and Commissioner(s) • Major water users (such as industries) • Critical water users (such as hospitals) • Parks/street superintendents and public facilities managers 61 P a g e • Texas Commission on Environmental Quality (TCEQ) – note TCEQ executive director MUST be informed within five (5) business days of mandatory water use restrictions being imposed 10. Drought Best Management Practices per Stage A summary of water use reduction targets for each drought stage response is presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is included below. During Stages 2, 3, and 4, requests for exceptions may be presented to the Executive Director of Utilities or designee. Drought Stage CCR/LCC Combined Target Demand Response Reservoir Storage Level Reduction Levels Stage 1— Mild <40%,504 u µ 11 T'� m u':�.: h N' 110%544 Stage 2- Moderate x Stage 3- C I�Jtogallgewddwre e",20 3G4 30%1_5% Stage 4- VIII NSI dlld. 0/ IraWdmld. I. .. Ind.u'IId IRrwG Idol I Iu Y..aWI I &GO1 Y 1 8fafe....4...R.e.spen—s w,... ...MIt IIIA.... la.teliIt....&II 9i,,ta.g.e....\A/afc,W:i I YaW6dId dIge e ..i 544 hedL,+;;IA94 i'N4 daI4y �,NLHteh..deiiiini w',, hekAA\,(, G wY.,a1I.eii:: d ld::'IrH�.�w 11 d kNf`::; IIh e"wY.,a1Leii::: 6�se �e&j""+' °�I-HG46 Ih.dellGWw .'������"�'�.�,.;:�w"Ir...,�`��L,rw�d�",w••�•n.wMW.d.,�.p���;�w.huh'�.�,.IL.���....�������...h..�Y.wMW"w�'����i'.'II"�.r„.�.t,�,N....��:°��8-....„.������ro"�:a���; s.r"...,�`��I",Y.wMW.{L.�-w:w�d�”6m�.p���;�w�.R�h'�.�,.IL.�..��.,. (;, k*flRll eF14:3wwt-v94m#a hmiea6w�w.6 I. - I1:�edL'g;:: 94du6GG:1141144e ff. f,]6� :;i11g efIJ*Hff:ejja:�: P7(11Y„aWNi4s"'uI ff'aGtuGaP,. a r-d ff.II II;Ne 11:ed4I'ned i w, aiff.e Iof...r�-oi4 ao.aN ...greaLest'. ,�:��'����:a.,�.-��....�::� G.�...... ...................������,�.......: . ��� �.a��u.L�.a�w�I. h .,�...N...W II 6,.w I �. 18��.a� I� ..w� �w�N 14 h�II h ,f h I.H i...S.a� ...wd„��a4ih�,��.,�...N d.,�I ...����,���d w�d.�� :...h.H �h����.�w'�i�:'��::"�.,�d..I b,... ° d..I II d d ddu4dlhl. y� I ti N��R"tla�N, "'w! �d.�ll�""'aw���wda.�N Y„aW",.� NII���..���dAllll4d~�""'-NII"�L �IIh�� ;ibl.11,.� ..�'�U.,�,�, I6 'll&inh"' Y„aWke""""' ex"a�8��-a dpL-�;f*I49. �I.II P'nes 1-:Y„aW Ike I":.8)w -aW II��.:dl w, �dl l.d.r: e w " Is at GR „ , v'e43-feet Se'w"8� sea lewd 'II'II r..aG d) d;aII4rwe..wAwlltAl II...awdaG as I"^Ir.\ dladl I w.h!wier:ALwAll Gf-III:Gd N RA) d'(,:)R.s,rwaWGt ;,waIw ii::::1,46e I..e6:Iw II.G:IjGA6 Io Redi4G IIIiag Dern a r:d (a) Wate11 wwUS &-ni�e 6 ar:e r:eg4d.6tedI to-yG4,'r'ff!� aW6NllY Illil'n t, Lw::r:L.IatI;GR Gf NiiFi dSGY.waWl,,aed a�erwa6 I.9-eR-Ge III')eii I� � &k- I, Gity II'4aiF, w.:�i tw: , ef� deG° g, e: will dw::I.eii:::Irmiuuii4e...tlh w �r�.�w:1, ,.I1:�i.Rg....6d:�.�edw: .�h.��� �allll d ,�d:�If�Y.,a1I=Rd�•�8°��°N d�•�I LIh�� �� ���, ° d�������>w��li;�w:��� ��"NI�:.�����°NLu �°�Ih��nwa�llll �..�id Ilh�w.dl�:�d.d Ld�••w✓^�"�w..aWLd::If� ��Nd.� h�d.d�°NI:I��u�°�Lud�������°N� 71 Page 10.12. Stage 12 Response — Gondvtro� | During Stage t2. achieve a1O96reduction indaily treated water demand relative totreated water demand with the water use restrictions below. Best Management Practices for Supply Management: OOS[ Stage 1' the City VVi|| : * Use more repair crews ifnecessary toallow for aquicker response time for water-line leak repair; and * City crews (Water and other departments) begin monitoring customers' compliance with Stage J-,2 restrictions during the course of their daily rounds. Water Use Restrictions for Demand Reduction Under threat ofpenalty for violation, the following water use restrictions shall apply to all persons during Stage t2: ul Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall belimited toonce per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Section 9. Hovvever, irrigation of landscaped areas ispermitted onany day ifitisbymeans ofahand-held hose (with positive shutoff nozz|e). afaucet filled bucket orwatering can offive (5) gallons orless, ordrip irrigation system with apositive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addidon, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for apermit from the City Utilities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public hea|th, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Utilities Department. o) Use ofwater for the irrigation ofgolf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure, the facility shall not besubject tothese regulations. d) The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand-held hose or drip irrigation. 10.23. Stage 2:3 Response — IllNAodcy!ira ,y� 0"I's SEWE,:: Water, 81,,ieii a.g.e.... Target: During Stage 2a, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage„ ,2, the City will also do the following during Stage a: • Eliminate the flushing of water mains unless required for decontamination and/or public safety; and • Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water Use Restrictions for Demand Reduction: All requirements of Stage „J,2 shall remain in effect during Stage ,2­9 except as modified below: a) Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the Cityi, �li�Illi�li .� �''iill'iiii. Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure or done by means of hand-held hoses, hand- held buckets, or drip irrigation. 91 Page^ Optional Measures: During Stage 9, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 4. Stage 3114 Response —CRITICAL Water Shortage Conditions Target: During Stage ,34, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage ,3­4 water shortage conditions to discourage discretionary water use, as described in Section 11 for retail customers and Section 16.10 for wholesale customers. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 9, the City will also do the following during Stage 3­4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. Water Use Restrictions for Demand Reduction: All requirements of Stage „J,2 and 4 shall remain in effect during Stage ,3­4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash stations and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless non-city, alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 4 watering day and shall be done by hand or drip irrigation method. e) All fountains shall only operate to circulate water in order to maintain equipment. 101 Page^ Optional Measures: During Stage 34, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10. 5. Stages Response — EMERGENCY Water Shortage Conditions Target: During Stage 45, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 45 water shortage conditions, as described in Section 13. During emergency conditions such as system outage or supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager or designee. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager or designee's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage �4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. 111 Page^ Water Use Restrictions for Demand Reduction: During Stage 45, all requirements of Stage „ 2, 2-3, and ,3­4 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. Optional Measure: During Stage -5, the following measure is an optional water use restriction that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 11. Surcharges for Drought Stages — and Service Measures (a) General 1. The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. 2. This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. 3. With City Council approval, the City Manager is authorized to determine trigger points nts or allocations and surcharges during Stages 2-9, ,3-4, and „ Emergency Water Shortage conditions. 4. In this section, institutional customer means city utility customer which operates as a not-for-profit entity. 5. A customer may appeal an allocation or drought surcharge triggering point established under this Section to the Executive Director of Utilities or designee on grounds of unnecessary hardship, through the process outlined in Section 12. 6. Drought surcharge funds will first be applied towards annual debt service as reflected in the City operating budget to offset revenue loss due to drought 121 Page^ conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon consumption trigger point, with City Council Approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2„1 condition has been declared, property managers of multi- tenant units shall notify the City Executive Director of Utilities of the number of residential units in their facility for determination of allocations. Until so notified, the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. 4. The customer is responsible for passing the demand charge onto the tenant. (d) Commercial or institutional customer 1. A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. 2. Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage °,�x4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during previous 12 months prior to the implementation of Stage 2. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. 131 Page^ d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, (1) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (2) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. 1. A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). 2. Method of establishing allocation. a. When the combined reservoir capacity is less than 20% of total capacity (Stage '4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage --j b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. 141 Page^ d. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (f) Commercial, institutional, and industrial customers shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. 151 Page^ c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. 1. When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this DCP to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (h) Water service to the retail water customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times for any individual month after the implementation of Stage 4:,°,fix,, Also, the two months need not be consecutive months. 2. Monthly water usage on a master meter which jointly measures water usage 161 Page^ to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). 3. Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 4. Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). 5. For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of$50. 6. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of$500. 7. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage a. 8. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 9. For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection water service shall be restored upon request for a fee in the amount of"X" in the following formula: X = $ 50 x Customer's Allocation in gallons /20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. 171 Page^ (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. Q) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. 1. The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. 2. If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 12. Requests for Exemptions and Variances (a) The Executive Director of Utilities or designee may, in writing, grant a temporary variance to any of the provisions for water users found in this DCP upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City-provided application for exemption/variance with the City Utilities Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Executive Director of Utilities or designee, and shall include the following: 181 Page^ 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this DCP. 5. Description of the exemption requested 6. Period of time for which the exemption is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this DCP and the compliance date. 8. Other pertinent information; or as required on permit application (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this DCP occurring prior to the issuance of the exemption/variance. (d) The Executive Director of Utilities or designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this DCP if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this DCP will result in unnecessary hardship, and so that the spirit of this DCP shall be observed and substantial justice done. (e) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Executive Director of Utilities or designee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (f). A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (g) Violations of any permit conditions may be enforced under Section 13. 191 Page^ 13. Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the process outlined in Section 12. 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence, paragraph, or section of this DCP shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this DCP, since the same would not have been enacted by the City without the incorporation into this DCP of any such unconstitutional phrase, clause, sentence, paragraph, or section. 201 Page^ 16. Wholesale Drought Contingency Plan 16.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Corpus Christi (City) adopts the following Wholesale Drought Contingency Plan (the Plan). 16.2 Public and Wholesale Customer Involvement The public was invited to view and make comments on the Plan during the regular meeting of City Council on June 23, 2015 at City Hall. The Plan was adopted under the open meetings requirement of the TCEQ during the July 14, 2015 City Council meeting. Amendments to the Plan were adopted on May 30, 2017 following a public hearing during the regularly scheduled meeting of City Council on May 23, 2017. 16.3 Wholesale Water Customer Education The City will periodically provide wholesale customers with information about the Plan, including information about conditions under which each stage of the Plan is to be initiated or terminated and drought response measures to be implemented in each stage. This information will be distributed by providing a copy of the Plan to each wholesale water customer. 16.4 Coordination with Regional Water Planning Groups The water service area of City of Corpus Christi and its wholesale water customers is located within the Coastal Bend Planning Region (Region N) and the City has provided a copy of the Plan to Region N. The City of Corpus Christi shall review and update, as appropriate, the drought contingency plan at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 16.5 Authorization The City of Corpus Christi City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. Wholesale customers are subject to the plan under their contracts with the City. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days of any mandatory water use restrictions being enacted. 211 Page^ 16.6 Application The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer' as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. Every wholesale water contract entered into, renewed or modified after official adoption of this Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under Ordinance Number 55-151 to impose similar restrictions, surcharges or rationing measures on their customers. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement outdoor watering restrictions similar to those of the City for each drought response stage. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. 16.7 Triggering Criteria for Initiation and Termination of Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of drought response stages will be made by email, mail, or telephone. The news media will also be informed by the City. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See Appendix. The triggering criterions in this section are minimum standards for initiation and maximum standards for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. (a) tag I........ Mtt X114:::: Water 81,voii4age...Wat W1 ua,va h :1-e N. .. .... I I ..(;# �,V+4I �G(,:)1.RF4ze.. R.II�r..aW�.....�:� In ll�.�.. iR.er: 61-,� ftraWR..Re �� ��t�t�u��l�����q":���°� ����-:: uuNNRNraw�-��N.. GG11 & N � ViXhtG t4 GwW"1 bhe& x�. ewea� R �6 t4� :� . m� w T exa,r& r..aW ;NI!.oN=age,.IeVel deS. III I NeS....tsel& w.,.44��4:..,, :�. tR ff.:alf h �hN NnN�1.u�• 1 rat t4@ R. kI. 14 R -9 b& �&GGW-I I-E4 e X49-H e4@ G9I4#Red. Iav&-Gf Qa-HyeI a-H4Qea;:�::...Qh-'Ist:B....lRGr&��m.G&s a-bGv& 9�4 Pa 644@9& M a a R IRGaa@.:as a-bova 591:,14:: Of 9-4@68 GG-Ad4 �06 R14H"t @XlG:t.k @. ;.e-4G R Of 15GG—A.:84;!.4tu V&days of 1 4ag 1...,. (ab)Stage „12 - ItH11 Watc�!ul' Water.... 1,vortag.e Gonditron Requirements for initiation - The City will recognize that a iTiill„R;„a � ih;r: & water shortage Wa.¢.t....II11G(,:)i4d44G4 exists when the combined storage level declines below 40 percent. 221 Page Requirement for termination — Stage 12 of the Plan may be rescinded when the COnOb|OSd Sb}[@gS |SVS| iOC[S@SSS @bOVS 50 pS[CS The City will OOdfv its vvhO|SS@|S CuStOnOS[S and the nOSdi@ of the | termination of Stage t2 in the same manner as the notification of initiation of Stage 1 of the Plan. (c)Stage 2�— Shortage Condition | — The City will [SCO0OizS that @ vv@tS[ shortage condition exists when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 2a of the Plan may be rescinded when the combined storage |SvS| increases above 4O percent,,::,, '�"= Upon tS[nOiO@dOO of Stage 2-9' Stage t2 bSCOnOSS OpS[@dvS. The City will notify its wholesale customers and the media ofthe termination ofStage 2a. (d)Stage 3114—CRITICAL Water Shortage Condition | Requirements for initiation — The City will [SCO0OizS that @ vv@tS[ shortage condition exists when the combined storage levels declines to below 2O percent. Requirement for termination — Stage 34 of the Plan may be rescinded when the combined storage level increases above 3OpS[CSOt,,::,, days,� Upon tS[nOiO@dOO of Stage 34' Stage 2a becomes OpS[@dvS. The City will notify its wholesale customers and the media ofthe termination ofStage 34. | (e)St��� �5 — EMERGENCY Water Shortage Condition Requirements for initiation — The City will recognize that an emergency water shortage condition exists when any ofthe following occur: i. A major water line breaks, or pump or system failures 000ur, which cause unprecedented loss ofcapability toprovide water service; or ii. Water production ordistribution system limitations; or iii. Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City of Corpus Christi City yNana0er, or desi0nee, deems appropriate. The City will notify its wholesale customers and the media of the termination of emergency shortage condition in the same manner as the notification ofinitiation ofStage 1ofthe Plan. 16'8 Drought Response Stages The City of Corpus Christi City yNana0er, or desi0nee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in Section 10.7, shall determine that mi|d, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement best management practices accordingly. For water contracts between the City and wholesale customers with specific reductions based on sta0e, wholesale water customers are to implement measures to achieve water use reduction targets specified in the contract. For other contracts, required adoption of Drought Contingency Plan should strive to achieve the water use reduction targets for each drought 23 1 Page stage response presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is described below. Drought Stage Response Reservoir Storage Target Demand Reduction Level Levels Stage I M fl d� 5G 4 94!!� IIf II::::ake 544 G Stage 12- %k:1 llMGdeii:ate <40% 10% Stage 2a- %,x,leiate Severe <30% 15% Stage,3'4- Cii tjc4geve�e <20% 30% (;-FPJGaI Stage 45- Emergency Not Applicable 50% Stage I...- M11:4)Wateir SI'vortage Gon4tio� AG, ve a vekiotiiiry, 5% ited"fi-en- 4+, (444y- %*,:Iter, f4enriaii4d for, ea6I,� iAf4,,vote&44Gk Q, wifl V6 P41Y t:4e ReGe66aFy atleii4GiieG tq-eV U-Fe L,+R]4eGE?6G@i:�y �elea6e6 of wateii:�'� fi:�an Sy6teini aii::::e i.RdUdK IIeakage l::&'n gates qf 9-6wfle1,"w94:kG, Q, �,NA'fl ead:;,, G@[e W@teh G46ta-neii:: te- S(NA:GeS V6444Pta4l as wateii:::: 6, Y VGtermL. t Idi-y use of a ,valeiz y ol11 i: 1-4aIr.- fizen-:I�- th�e Q4-,y'& systen , Giz u&e of WaNe PWPGse6etG:: 146e P2e&I,'+jGIj9f46 .......... G'i,ty NI ;-@ger, 94!!� des�gR-ee� �,V+4 G( i4I,,aG!I,' 4:1-G4e6ale wAA,--RteF Gus:tGneII::6 tG y , a D dMGG466...w ateiiGupply aii4d,wof dernal4d G(,:)n4:1Joi46 ar�-d �,v4l r:eq4e6t 4iG4esa�e W@4,491G46tGpHel6 i,R#IAate 'nea6we6 te-hedu;;e �,vHteij6�se1-niplepHe'V-4, pfl a ri), M"t'"'in-age9desgr�-ee, wfllar(�4de a reqL-4,,-,�r repqf' !1"(;�fl�-e 114ews wedi w, ila4 i4GFPH@tAGR kVH4?11�� 6L,+ ai��d 4deir@i4d GG�, i H!GteGted Gupply a dernalFW G944d44G46 wfar�-d GGb1146L+Pneii�� 114�1@4A(D4 e4wat",9+ �ie@6Lhe6 2, F424GE?&: Stage 12 - NA I NAQ'::: Water ShortageWat6h Gon-ditio� Target: Achieve a 10 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: 241 Page • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will initiate contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries. • The City of Corpus Christi City Manager, or designee, will request wholesale water customers to initiate mandatory measures to reduce non-essential water use (e.g. implement Stage „J,2 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 40 percent of its conservation pool volume, and that a Stage 12 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 12 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3 Nib VIII-'ll III ill Water Shortage Conditions III g — ' a Target: Achieve a 15 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Measures for Reducing Demand: 251 Page^ • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 2a of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries in accordance with Texas Water Code §11.039 by preparing a monthly water usage allocation baseline for each wholesale customer according to procedures specified in 16.9 of the Plan. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 30 percent of its conservation pool volume, and that a Stage 9 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage ,a of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3114—CRITICAL Water Shortage Conditions Target: Achieve a 30 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from project gates. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 34 of the customer's drought contingency plan). 261 Page^ • The City of Corpus Christi City Manager, or designee, will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 16.9 of the Plan in accordance with Texas Water Code §11.039. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 20 percent of its conservation pool volume, and that a Stage ,°,4 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 34 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage — EMERGENCY Water Shortage Conditions Whenever emergency water shortage conditions exist as defined in Section 16.7 of the Plan, the City of Corpus Christi City Manager, or designee, shall: • Assess the severity of the problem and identify the actions needed and the time required to solve the problem. • Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (e.g., notification of the public to reduce water use until service is restored). • If appropriate, notify city, county, and/or state emergency response officials for assistance. • Undertake necessary actions, including repairs and/or clean-up as needed. • Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions. 16.9 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 16.7 of the Plan for Stage 34 have been met, the City of Corpus Christi City Manager, or designee, is hereby authorized to implement allocation of water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation preparations shall begin during Stage 23. A provision will be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in 271 Page^ case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. 16.10 Pro Rata Surcharges and Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. 281 Page^ • 2.5 times the normal water rate in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. • 3.0 times the normal water rate in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. • 3.5 times the normal water rate more than 15 percent above the monthly allocation. 16.11 Variances The City Manager, or designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of this water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the City Manager, or designee, and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (3) Description of the relief requested. (4) Period of time for which the variance is sought (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City. (1) Variances granted shall include a timetable for compliance with allocation requirements. (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 291 Page^ 16.12 Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16.13 Reservoir System Operating Plan Because all the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Attachment C. 301 Page^ Drought ContingencyPlan I January 23, 2018 f Drought ContingencyPlan Purpose • Conserve the available water supply • Protect and preserve public health, welfare, and safety • Minimize the adverse impacts of water supply shortage or other water supply emergency conditions • A Texas Commission on Environmental Quality & Texas Water Development Board, State Requirement Drought Contingency Plan t g g Y Recommendations ® IV 111111 �° nus lu IIIA ILII pm IIIIIIEp 2 oTexana iso 0 puma 9!Pw9w9!!!!!III,Wumuuuuuuuuului ills <40 0 10% >50% Combine storage; f9F 15 )RseGi Live .Joys u wiuwIIIIIIIUWi iiiiiiiiiiiii i uugi911wIIPi puuP911u°IIIIIPu quuuuuuuuuuuuuuuuui°uui <30% 15% >40% Combine storage; f9F 15 CORseG Live `Joys uiii,i wiuwilllllllllu'P;ylllll'°°°up11 °III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII <20% 30% >30% Combine storage; f9F 15 f`GRsec:utiye days Unum iii Vii!!!!!iIIIUIIUI�I I IIIIUIIIIIUIIII111111UII111UIIIIII�111 Not Applicable 50% Emergency water shortage condition may be rescinded when the City Manager, or designee deems appropriate Recommend New Trigger Points .... . I� �... ������������ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uuuuu uu III a III II V IIIIIIIIIII1111111111 Im � II� a � �� � uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu m I ill�ll IIIIIIII III II � iill��� ILII I li III IIIII<IIIIIII III10111�111 IIIIIIIIIII II 111110 II�IIIIIII >50% Combine storage e g <30% 15% >40% Combine storage <20% 30% >30% Combine storage Not Applicable 50% Emergency water shortage condition may be rescinded when the City Manager, or designee deems appropriate Drought Contingency Plan What does this mean for our customers? • We are not in a Drought Stage • The request for voluntary limits on irrigation of landscape would be moved to the Water Conservation Plan • No water use restrictions would be currently in place • Only Water Conservation Measures — No irrigation by spray or sprinklers between the hours of 10 am and 6 pm. Drought ContingencyPlan Next Steps • Receive and consider comments. • Make necessary revisions to the ordinance for second reading by City Council in January. • After passage by City Council a copy will be sent to Texas Commission on Environmental Quality Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55,Article XII Water Resource Management,regarding water resource management including drought restrictions, providing an effective date of Februa ry , . 12.1.., i°w:a r 1 5; and providing for penalties. Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource Management, are amended,with the new text shown in underlined redline text, and the deleted text shown in redline strike-through text, as follows: ARTICLE XII. -WATER RESOURCE MANAGEMENTLE Footnotes: --- (7) --- l ,,61.ouim°'s unote Ord II o 24396, § 1, ad()Aed111, air 20, 2001, amended aft XII, in uls eigfire� , read as lnereuuq sed ouuu� Il:()urvireer eu1 K I peuleuuged k) sliiirilillar sUbe(1ireeller See lune odeoimpairaflve 11 sll)lle. Sec. 55-150. -Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan „C„� kuv r uri gy C)1 and kh. . Drought Contingency Plan 20179, dated \4tl y....294.g.ouaky '.Q as amended by ordinance, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest prioritywill be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable Page 1 provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. (d) Definitions. The following terms used in this article are defined as follows: (1) "City manager"means the city manager or the city manager's designee. (2) "Drip irrigation" means an irrigation system that applies water at a controlled low-flow levels directly to the soil. (3) "Fountain"means an artificially created jet or stream of water; a structure, often decorative, from which a jet or stream of water issues. (4) 'Industrial customers use of water for processing"means the use of water in processes designed to convert materials of lower value into forms having greater usability. (5) "Non-essential purpose"means water uses that are not essential or not required for the protection of public health, safety and welfare. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-151. -Water conservation measures at all times. (a) The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels: (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out-of-repair water closets, underground leaks, defective or leaking faucets and taps. c. Allow water to flow constantly through a tap, hydrant, valve,or otherwise by any use of water connected to the city water system. d. Use any non-recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public rights-of-way. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless the city enters C k„yU.il:...".Y l .I Stage.3.,4 . . However,the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (3) Restaurant water saving:Commercial dining facilities must only serve water upon request. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § 1, 1-8-2002; Ord. No. 026235, § 1, 4-26- 2005; Ord. No. 026542, § 1, 11-15-2005; Ord. No. 028141, § 1, 4-28-2009; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Page 2 Sec. 55'152. Drou8htmana8ement: +e**W*ge+eysta8es. (o) Tho |ovo| ofsovohtydohenninosthooxhentofpohenho|wotorusorostriotions that shall boinnp|onnontod. Following are the levels ofinthe form ofstages: (12) Stage t�� (2,3) Stage 23: (34) Stogo .3.:4: Critical water shortage condition. (1- 5) Stage 45: Emergency water shortage condition. | (b) Criteria for initiation and termination ofrosponsostogos: (1) The city manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified "triggers" are reached. However, the city manager, in the exercise of the city manager's disonation, may initiate or terminate any stage when the city nnonogor dooms necessary otany particular time. | / (2) The triggering criterion tobomonitored for determining response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. (3) Whenever any of the stages listed below are thggonad, the city nnonogor shall publish o public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of city's |ogo| outhority, the city nnonogor shall require the city's navv vvotor and vvho|oso|o treated vvotor customers to issue public notice advising their vvotor customers of conservation and drought management activities consistent with the stages listed below. (o) The triggering criterions are as follows: | (12) Sbage���� Requirements for initiation -Tho combined storage |ovo| for Choke Canyon Reservoir and Lake Corpus Christi declines tobelow forty(4O) per cent. Roquinannontfortornninotion -Stogoj 2-ofthe plan may borescinded when the combined storage |ovo| increases above fifty (SO) percent (24) .................................Sbege���....... Requirements for initiation -Tho combined storage |ovo|s declines to below thirty(3O) per cent. Page Requirement for termination -Stage 29 of the plan may be rescinded when the combined storage level increases above forty (40) per cent, t Upon termination of Stage 2.3, Stage ..12-becomes operative. (24) Stage 4- Critical water shortage condition: Requirements for initiation -The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below twenty(20) per cent. Requirement for termination -Stage 4 of the plan may be rescinded when the combined storage level increases above thirty (30) per cent „t, arae �` s�.u.: „ .,.ys,. Upon termination of Stage .4, Stage becomes operative. (15) Stage .4.,5-Emergency water shortage condition: Requirements for initiation -When the city manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or manmade contamination of the water supply source occurs. Requirement for termination -The emergency water shortage condition may be rescinded when the city manager, or designee, deems appropriate. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-153. - Drought management: E ase„rvoJr s.ys.. best management practices per stage. (a) In order to achieve water use a-ct r r�a Ii.2n . rKj- . �t, a series of best management practices will be enacted and enforced at each re2elyo.2 y „k rri sta le „g , -t. These best management practices (BMP) are listed below by stage. During Stages 1„2, 3, and 4, requests for exceptions may be presented to the director of water operations or his designee. ..:�........-S. 1---ro A �a-. •lrt . �: h: - -........ .. Wit,.. 5. �'.. ,.. .i.. ,.. . ........dpi ...... °- t.....fA,.. �r......s.wipfAy.. ,.. ,.. . gat t a flUSNRe of ns�.t..... ,,.. . ,...b. ...... &.:... ...... ....... ,... no-RpGta#W-4&E�& te. e.... 6,9& d..... - ..i.i.. a.... „ d Vpy4he G4 . . for-Stage-2 e� e, d.......... (L)c) Stage.:12 response _ il�l...iniac:�'.�:.. h f� .�:.....................................................d �:�a. ✓�t �€; t (1) Target: During Stage 12, achieve a ten (10) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below. Page 4 (2) f est....... ,.. n s .Eche best management practices for supply management.;. de. t ' , the city will also do the following during Stage J 2-: a. Use more repair crews if necessary to allow for a quicker response time for water-line leak repair; and b. City crews (water and other departments) begin monitoring customers' compliance with Stage.1.:2 restrictions during the course of their daily rounds. (3) The following water use restrictions shall apply to all persons during Stage„1„ : a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day in accordance with drought contingency plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the city water department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. c. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure,the facility shall not be subject to these regulations. d. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. e. Except for immediate fire protection or flushing of water lines,the use of water from a hydrant is only allowed with a permit granted by the director of water operation or his designee and a construction meter obtained from the utility business office. (24) Stage 24 response -Modera teSe r�wa ter shortage conditions. (1) Target: During Stage 2 3 achieve a fifteen (15) percentreduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 12, the city will also do the following during Stage 2.3: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water use restrictions for demand reduction: All requirements of Stage .12-shall remain in effect during Stage except as modified below: Page 5 a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee, for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the city water department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. The watering of golf course fairways with potable water is prohibited.The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. (4) During Stage , , the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 4 response - Critical water shortage conditions. (1) Target: During Stage ', achieve a thirty(30) per cent or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage4 water shortage conditions to discourage discretionary water use, as described in section 55-154 for retail customers and section 55-159 for wholesale customers. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 2.3, the city will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water use restrictions for demand reduction: All requirements of Stage 12 and 2.3 shall remain in effect during Stage .3.4 except as modified below: a. Irrigation of landscaped areas shall be prohibited at all times. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless utilizing water from a non-city alternative source) is prohibited. d. The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage. 4 watering day and shall be done by hand or drip irrigation method. e. All fountains shall only operate to circulate water in order to maintain equipment. f. The use of water for construction purposes from designated fire hydrants with a special permit will continue with a ten (10) per cent surcharge added to the water rate. (4) During Stage .4, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: Page 6 a. No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (f) Stage response -Emergency water shortage conditions. (1) Target: During Stage ' , achieve a fifty (50) per cent or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 54.water shortage conditions, as described in section 55-154. During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the city manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the city, under the city manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the city, under the city manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage , the city will also do the following: • Call the ten (10) largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. (3) Water use restrictions for demand reduction: During Stage , all requirements of Stage 12, 2.3, and 4 shall remain in effect except as modified below: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat,trailer,or other vehicle is absolutely prohibited. c. Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4) During Stage , the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-154. -Surcharges for r s rvoi.r sys er r„4K4ught Stages 3, �4 and „5, and service measures. (a) General. (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The city Page 7 council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. (2) This section, and the surcharges and measures adopted herein are an exercise of the city's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) With city council approval, the city manager or designee is authorized to determine trigger points and surcharges during Stages .2.3, 4 and 5 emergency water shortage conditions. (4) In this section, institutional customer means city utility customer which operates as a not-for-profit entity. (5) A customer may appeal an allocation or drought surcharge triggering point established under this section to the director of water operations or his designee on grounds of unnecessary hardship through the process outlined in section 55-155. (6) C LyUV1:....ss„y I.em.J) ht surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the water department as reflected in the city operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to city council for city council direction. (b) Residential water customers, who are not billed through a master water meter. (1) A monthly base amount of three thousand (3,000)gallons shall be established as a trigger point for each customer.Water consumption up to and including this amount will not include a drought surcharge. (2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. (1) Once Stage„1.:2.condition has been declared, property managers of multi-tenant units shall notify the city director of water operations of number of residential units in their facility for determination of allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per master water meter. A monthly base amount of three thousand (3,000)gallons shall be established as a trigger point for each residential unit. (2) When consumption for the month is less than or equal to three thousand (3,000) gallons times the number of residential units, there will be no surcharge. (3) With city council approval, when consumption is above the three thousand (3,000)gallons times the number of units, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (d) Commercial orinstitutional customer. (1) A monthly water usage allocation shall be established by the city manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than twenty (20) per cent of total capacity (Stage 4), the commercial or institutional customer's allocation shall be ninety(90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage :' 1 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. Page 8 c. Provided, however, a customer, ninety(90)per of whose monthly usage is less than six thousand (6,000)gallons, shall be allocated six thousand (6,000)gallons. d. The city manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the city' utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager: 1. If one (1) nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or 2. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than twenty (20) per-cent of total capacity (Stage ,4), the industrial customer allocation shall be ninety(90)per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12)months prior to the implementation of Stage 12 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one-twelfth of ninety (90) per cent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on ninety (90) per cent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. Page 9 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. Of Commercial institutional and industrial customers shall a the following ref!Lygir s fem pay g ....:...........:........................:..........:........:.&....:....................: surcharges: (1) Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons per month: a. Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000) gallons over allocation. b. Eight dollars ($8.00) per one thousand (1,000)gallons for the second one thousand (1,000) gallons over allocation. c. Sixteen dollars ($16.00) per one thousand (1,000)gallons for the third one thousand (1,000) gallons over allocation. d. Forty dollars ($40.00)for each additional one thousand (1,000)gallons over allocation. (2) Customers whose allocation is twenty-one thousand (21,000)gallons per month or more: a. One(1)times the block rate for each one thousand (1,000)gallons in excess of the allocation up through five (5) per cent above allocation. b. Three (3) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) per cent above allocation. c. Five (5) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) per cent above allocation. d. Ten (10) times the block rate for each one thousand (1,000) gallons more than fifteen (15) per cent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the city). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the city)to the extent reasonable and practical under the circumstances. (h) For residential customers, the following measures come into effect after city council approves a drought rate surcharge; for nonresidential customers, these measures come into effect at Stage .4. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2)or more times (which need not be consecutive months). Page 10 (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by four thousand (4,000)gallons times the number of dwelling units or more two (2)or more times (which need not be consecutive months). (3) Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons exceeds its allocation by seven thousand (7,000)gallons or more two (2)or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand (21,000) gallons or more exceeds its allocation by fifteen (15) per cent or more two (2) or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers, after the first disconnection, water service shall be restored upon request for a fee of fifty dollars ($50.00). (6) For such customers,after the second disconnection,water service shall be restored within twenty- four(24) hours of the request for a fee of five hundred dollars ($500.00). (7) If water service is disconnected a third time for such customer,water service shall not be restored until the city re-enters a level of water conservation less than Stage 2.4. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (8) The city manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer(for example, a major water line break)for the following conditions: (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered,or was in any other way negligent in causing or permitting the loss of water. Q) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like,such references shall mean the period in the city's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is thirty(30)days, but a variance of two (2)days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Sec. 55-155. - Requests for exemptions and variances. (a) The director of water operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. Page 11 (b) A person requesting an exemption or variance from the provisions of this article shall file request on city-provided application for exemption/variance with the city water department within five (5) days after a particular k„ i„y2JI y I.emo response stage has been invoked. All request forms shall be reviewed by the director of water operations or his designee, and shall include the following: (1) Name and address of the water user(s). (2) Purpose of water use. (3) Specific provision(s)of the ordinance from which the water user is requesting relief. (4) Detailed statement as to how the specific provision of the ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this plan. (5) Description of the exemption or variance requested. (6) Period of time for which the exemption or variance is sought. (7) Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this plan and the compliance date. (8) Other pertinent information; or as required on permit application. (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three(3)business days of receipt of complete application. (e) The director of water operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the director of water operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2)feet of the street number located on the premises. (g) A person denied request for permit or exception from these rules may appeal the decision to the assistant city manager for public works, utilities and transportation by submitting written request for appeal to the assistant city managerwithin five(5)business days from issuance of denial.The decision of the assistant city manager shall be final. (h) Violations of any permit condition may be enforced under section 55-156. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-156. -Violations, penalties, and enforcement. (a) A violation under this article is a class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by V.T.C.A., Penal Code § 6.02 is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. Page 12 (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-157. - Effluent distribution; permit and regulations. (a) Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this section, the city may make available effluent water discharged from its sewage treatment plants for the purpose of watering lawns, grass, and other plants, dust control and similar uses. (1) Such effluent water shall be made available only under the terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2) The city shall be under no obligation to provide such effluent and reserves the right to discontinue such service at any time and to limit the volume and to establish or alter loading procedures and/or locations as necessary for the efficient administration of the wastewater division. (b) No effluent distribution permit shall be issued except upon application filed with the wastewater division of the city. Every such application shall contain the following information: (1) Name of applicant. (2) Name of authorized representative (e.g., president of corporation; partner, etc.) if applicant is other than an individual. (3) Business address and phone number. (4) Residence address and phone number of authorized individual representative. (5) Description of each vehicle and container unit to be used in the transportation or distribution of effluent water, including the make, year, model, type, weight and gross vehicle weight, container capacity in gallons, vehicle registration number, and the state safety inspection certificate number and expiration date. (6) Names and driver's license number of every proposed driver of such vehicles. (7) Statement of previous use of container units and any proposed use after or concurrently with such units use for effluent distribution. (8) Statement of the proposed uses of any effluent water, including whether the use is proposed for residential, commercial, or industrial purpose. (c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the wastewater superintendent, or the superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issue a permit for each such container unit. Page 13 (1) The permit shall identify the particular unit for which it is issued and shall be displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. (d) The permit fee shall be fifty dollars ($50.00)per month for each unit plus five dollars ($5.00) per month for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one thousand (1,000)gallons of capacity. (e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be on a monthly basis. (f) Notwithstanding subsection (g) of this section, a resident of the City of Corpus Christi may obtain effluent at no charge from a wastewater treatment plant,designated by the wastewater superintendent, for the irrigation of vegetation, dust control, or watering a foundation at the individual's personal residence. (1) Any effluent received under this subsection may not be sold or transferred to another individual or used for commercial purposes. a. Before receiving effluent the resident must obtain a permit from the wastewater superintendent, or the superintendent's designee. b. Prior to receiving a permit,the resident must complete a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. c. Any container used to receive and transport effluent must have a lid or cap, be watertight, and be properly secured to the vehicle. d. All containers are subject to inspection and approval of the city health department or wastewater department. e. Any effluent received under this subsection must be immediately transported to the personal residence of the individual receiving the effluent and used for the irrigation of vegetation, dust control, or watering a foundation. f. The effluent may not be stored for future use. g. A resident using effluent for the irrigation of vegetation or dust control must post a sign on the property legible from the street stating that effluent is being used on the property. h. Every resident obtaining effluent under this subsection must either: 1. Provide proof of and maintain in force a property liability insurance policy (homeowner/renter)in the amount of three hundred thousand dollars ($300,000.00)per occurrence; or 2. Sign a form provided by the superintendent that releases the City of Corpus Christi from any liability resulting from the resident's improper use or transportation of the effluent and agree to hold the city harmless, including reimbursing the city for the costs of defending itself. (g) Every effluent distribution permit shall be subject to the following terms and conditions and no person shall receive or distribute effluent water except in compliance herewith: (1) Container units or tanks shall have a minimum capacity of five hundred (500) gallons; shall be capable of being closed water-tight and shall be so closed during transport of effluent water; and shall be maintained in a leak-proof condition; provided, however, that special permits may be issued for container units with a capacity of less than five hundred (500) gallons upon the determination by the wastewater division superintendent that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety. Page 14 (2) No vehicle may be used in connection herewith which has not been reported on the application and approved for such use. (3) Every driver or handler must be certified by the wastewater division prior to receiving any effluent water from the city. a. The wastewater division may certify a driver or handler who has completed a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. (4) Effluent water shall be used as soon as possible to prevent regrowth of bacteria. a. Permittees shall check effluent water in their units not less than every four (4) hours for chlorine residual, except for effluent stored in fixed-site containers which shall be checked not less than every eight (8) hours. (5) Chlorine residuals shall be maintained at one (1) milligram per liter (parts per million) [one (1) mg/one (1) (ppm)], consistent throughout the effluent container. (6) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the city by a federal or state regulatory agency or the applicable regulations of a federal or state regulatory agency. (7) Effluent containers, including those used for storage, shall be subject to inspection and approval of the city health department or wastewater division, whose inspectors are hereby authorized to prohibit the use of any container or effluent water which is determined to be outside the parameters established in this section or is otherwise determined to present a danger to public health. (8) Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive general liability insurance in the amount specified by the city's risk manager under section 17-19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The city shall be named as an additional insured on the general liability insurance policies. (9) By acceptance of a permit under this section and/or receipt of effluent water from the city system, the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless, the City of Corpus Christi, Texas, its agents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to person or property in anyway related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than 10-point type, substantially as follows: "CAUTION" "You are hereby advised that effluent water is the discharged water from a sewage treatment plant. The Director of Public Health has determined that improper use or handling could be harmful and recommends the following precautions: 1. Do not use effluent water for drinking, bathing, or personal hygiene purposes. 2. Do not use effluent water for washing autos, clothes, or other personal contact items. 3. Do not use effluent water in swimming pools or for similar recreational uses. 4. Do not allow children to play on grass wet with effluent water, wait until it dries. Page 15 5. Do not use effluent which has been stored for more than four (4) hours unless the chlorine residual level has been tested and is not less than one (1) part per million [one (1) mg/one (1)(P.m.)j. 6. Application of effluent shall be by coarse stream and shall not be by fine spray." (h) Violation of any of the cautions set forth in subsection (g)(10) of this section, by any person, is a violation of this section. (i) Violation of any of the provisions of this section, in addition to the general penalties provided in this particle, shall result in denial or revocation of any such violator's effluent distribution permit. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001) Editor's note—Formerly numbered § 55-158. Sec. 55-158. -Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers,the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) In order to provide maximum dependable yield from the two (2)reservoirs,the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four(74)feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. (3) Under the agreed order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, city shall: (1) reduce targeted inflows of water to Nueces Bay to one thousand two hundred (1,200) acre-feet when reservoir system storage falls below forty (40) per cent of capacity; and (2) suspend targeted inflows when reservoir system storage falls below thirty(30) per cent of capacity. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-159. - Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) In the event that the triggering criterion specified in section 55-152 for Stage 2.4 have been met, the city manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with V.T.C.A., Water Code § 11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the city manager, or the city manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale Page 16 treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The city manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the city manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro rata surcharges and enforcement. (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through five (5) per cent above the monthly allocation. b. Two and one-half (2.5) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from five (5) per cent through ten (10) percent above the monthly allocation. c. Three (3.0)times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from ten (10) per cent through fifteen (15) per cent above the monthly allocation. d. Three and one-half(3.5)times the normal water charge per unit for water diversions and/or deliveries more than fifteen (15) per cent above the monthly allocation. (c) Variances. (1) The city manager, or the city manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health,welfare, or safety, and if one (1)or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the city manager within five (5)days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the city council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the Page 17 petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council: a. Variances granted shall include a timetable for compliance. b. Variances granted shall expire when the pro-rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the city under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. (Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Editor's note—Formerly numbered § 55-159.1. Section 2. The Drought Contingency Plan adopted by Ordinance No. 029846, as amended by Ordinance 030545, and 031160, is hereby amended to reflect these changes, and the amended Drought Plan be filed of record with the City Secretary's Office. City staff is directed to submit the amended Drought Contingency Plan to the Texas Commission on Environmental Quality and the Texas Water Development Board and as required by law. Section 3. Staff is directed to submit a copy of the approved ordinance to the wholesale water customers. Section 4. Publication and Effective Date. This ordinance shall be published in a newspaper of general circulation. This ordinance takes effect on date of Febrija c 1a*thw 4 . Section 5. Severability. It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. Page 18 Section 6. Penalties. Violations of this Ordinance shall be enforced pursuant to City Code of Ordinances Section 55-156. Section 7. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, 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 2018, 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 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 19 Drought Contingency Plan 1. Introduction This document is the Drought Contingency Plan (DCP) for the City of Corpus Christi (City). This DCP was created so that the City can cut back demand when supplies are low so the residents have enough water to make it through a drought. This DCP clearly explains the triggers initiated by a drought and the steps to be taken during each stage of a drought. There is also information in this DCP which explains the steps to be taken in a water emergency, such as when supplies are cut off or contaminated. This DCP is different from the Water Conservation Plan (WCP) because it only takes effect when there are drought conditions. The WCP is a year-round guide, regardless of the drought conditions, and contains several regular best management practices. The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers has also been included in Section 16 in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.22. 2. Declaration of Policy and Reason In order to conserve the available water supply, to protect the integrity of water supply facilities with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety, and to minimize the adverse impacts of water- supply shortage or other water-supply emergency conditions, the City hereby adopts the following regulations and restrictions on the delivery and consumptions of water. The Water Resource Management Ordinance which gives the City the authority to regulate and enforce this DCP is included as a supporting document. Water uses regulated or prohibited under this DCP are considered to be non-essential, and continuation of such uses during times of water shortage or other emergency water-supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 13 of this DCP. Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of llr . reservoirs: Lake Corpus Christi, Choke Canyon Reservoir.x. Lake Texana a ndIl21.a d o If iiy ir. However, the criteria to trigger,it 2i 2_1ir, ,Y , ,irr]„ .,.,p stages are based on the combined capacity of 1I Page^ Lake Corpus Christi and Choke Canyon Reservoir. (See Section 8). Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher since Lake Texana supplies were added in October 1998. Because of the frequency of drought in South Texas, the following DCP has been developed. This DCP adopts measures that will dramatically cut water consumption in order to conserve water supplies. 3. Public Education A public meeting to receive comments on the DCP was held at the City Council regular meeting on ja..nU.a[,V,,,,, , ,,,,,, , ,;,,, ,,,,,,,,,,,, t 0-1...::7.and was adopted by ordinance on The City will periodically provide the public with information about the DCP, including information about the conditions under which each stage of the DCP is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by utility bill inserts, notices in the Corpus Christi Caller-Times, and notice on the City's website (www.cctexas.com). Notification to the public about when it irv6lir y 12.!M d ht stages go into effect or when restrictions are lifted is explained in more detail in Section 9. 4. Coordination with Regional Water Planning Groups The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of the Nueces River Authority. The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 5. Authorization The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of the DCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency responses as described in this DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate 21 Page^ or terminate any stage when the City Manager deems necessary at any particular time. The City Manager shall notify the members of the City Council before implementing any measures. 6. Application The provisions of this DCP shall apply to all persons, customers, and property utilizing water provided by the City of Corpus Christi. The terms "person" and "customer' as used in the DCP include individuals, corporations, partnerships, associations, and all other legal entities. 7. Definitions For the purposes of this Chapter in this DCP, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial, non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contract (end-user) water customers: a private entity that has a contract with the City to receive raw or treated water supplies for its sole use (i.e. does not resell to other users). Customer: any person, company, or organization using water supplied by the City of Corpus Christi and paying a retail water bill. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and use. Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison, or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way, and medians. 31 Page^ Non-essential water use: water uses that are not essential or not required for the protection of public, health, safety, and welfare, including: • irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this DCP; • use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle; • use of water to wash down any impervious cover including sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; • use of water to wash down buildings or structures for purposes other than immediate fire protection or health reasons; • flushing gutters or permitting water to run or accumulate in any gutter or street; • use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools; • use of water in an aesthetic feature including fountain or pond except where necessary to support aquatic life; • failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak; and • use of water from hydrants for construction purposes or any other purposes other than fire fighting or flushing needed to maintain chlorination levels and protect public health. Reservoir Capacity: the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, as measured in percentage of the full combined volume. Wholesale customers: any public or private utility that has a contract with the City to receive raw or treated water supplies and authority (through contracts) to resell this water to other users. 8. Criteria for Initiation and Termination of III s ,!r, .o.iiiit S ,, ,,;„ R .. Stages The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the DCP, that is, when the specified "triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any time. This section explains the triggers of each stage. Best management practices and water use restrictions for each iriryiiir„ yirr stage are described in Section 10. The triggering criterion to be monitored for determining it iryg!.E y s e M d ht response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, based on the TCEQ 2001 Agreed Order (amended April 17, 2001) relating to inflows into Nueces Bay and Estuary. The full Agreed Order is in the Appendix. 41 P a g e p............ ..........r. {`............. ...... -nl:�:.......:..... rga „ .. �"' _ ,. ,'���- ,. ,. �,�.. � r � - �,. � .....t ..... int"' ,. water- .....i:"p ,,..... n.... rjjau&..C.hlriis °a stop °' eG ne .. w n n n n ..n...... ...... b.o CFII"R'f�f n'..... ........... ept_fG t p....... Vii.......... :.....�...................:...........ir::::t...... *I::�!:.::...:................ .::.,,,,,,,.... p ii.....°'�u, .......... ,. n n . � ...." ......h�ll� n Y IY6• � ....W.... hlru..s„ ...... Il nGr � a . n . . ..... .. r s Ir.... rll' - n'sW n I"n 8.1. Stage ;12— RIAd er.Shc rtag, , 2' lh ra &I. Ir iiia, , ,„, ,,,,,,,,,,,,,,,,,,,, , ,,. t Requirements for initiation —Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses described in Section 10 when the combined storage level declines to below 40 percent. Requirement for termination — Stage„1„2.of the DCP may be rescinded when the combined storage level increases above 50 percent,,. Ir rii Stag,& � U. . g , ....................g „ „ „ ............................... o ,,,,, —,,,,,, ,,,,,,,,,,,,,, . Stage ,, o eurate ateur Darla e oIn ur�uioln Requirements for initiation —Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage ,4 of this DCP when the combined storage levels declines to below 30 percent. Requirement for termination — Stage4q of the DCP may be rescinded when the combined storage eve increases above 40 percent for a perio ,,. ,c. Upon termination of Stage .3, Stage 12 becomes operative. 8.3. Stage ,14—Critical Water Shortage Condition Requirements for initiation —Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage,3"4 of the DCP when the combined storage levels declines to below 20 percent. Requirement for termination — Stage4 of the DCP may be rescinded when the combined storage level increases above 30 percent,,. Ir Upon termination of Stage 4, Stage .2.3 becomes operative. 51 Page^ 8.4. Stage 1.5— Emergency Water Shortage Condition Requirements for initiation —Customers shall be required to comply with requirements and restrictions for Stage4­5 of this DCP when the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man-made contamination of the water supply source occurs. Requirement for termination —The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. 9. Ill eser ollir Sya.-21 I Stages Response Notification The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures. Notification of the Public: The City Manager, or designee, shall notify the public for every change in drought stage status by any or all of the following: • City's website (www.cctexas.com) • Publication in the Corpus Christi Caller-Times • Notice on the monthly billing • Public Service Announcements • Signs posted in public places Additional Notification: The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified directly, the following individuals and entities for every change in drought stage status: • Mayor and members of the City Council • Fire Chief • City and/or County Emergency Management Coordinator • County Judge and Commissioner(s) • Major water users (such as industries) • Critical water users (such as hospitals) • Parks/street superintendents and public facilities managers 61 P a g e • Texas Commission on Environmental Quality (TCEQ) — note TCEQ executive director MUST be informed within five (5) business days of mandatory water use restrictions being imposed 10. Ill eservollir S .R.-21 [ Best Management Practices per Stage A summary of water use reduction targets for each irIryiilr... .Y � irr. stage response is presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is included below. During Stages 2, 3, and 4, requests for exceptions may be presented to the Executive Director of Utilities or designee. y lC , llrrrc,iii,ur CCR/LCC Combined Target Demand ,,,,, S s!2. �-Dfeuqb4 Stage Reservoir Storage Level Reduction Levels Response u::: . tea..... ........................ Stage 1- Mild .. .. 4 ..0 10 Stage 2- Moderate <30-, "'4 15%''1"' /6 Stage 3- Iriifip 11 . . . <20e° O 0%„'1' /a Stage 4- .!.11caUllle 050%.30-0/&.............................. I[:::::irraeir enc Sta rr..... IN- .... We 50-0/6 :.. Stage4 Response„,,,,,,,,,,,,,,,IN . ,,, a.:t o i a'g at.. �...... ^. a SII u 4 Q..... , ..... d��R ...,I-E4 1 wat�����.�.:..... IYh"Y u•T V^N IV'LN ”"M'�'II\V/��'"T If If':..........................dna:+�. :...............�............................:::'...�.:.:................:..............::�W::: .::........................:: :�I::.....................":�...................................... .................. +' 'AIV'BL IY'b"h N"x^a C"I 11 h � ami of . 'tet „ �l a....o:: Rn".`mp'w Y"'II..... a o r... ..t fw.i..... n 1 ° i n t n a II � 1 �' n "3� n n� 'e° 1......iI..n .... �������������.gay .... 'II ......°' pts J� $ ..II"a';:i' qa, '�" ry, ) __qq%,, $$'yy^yy "aWtB'II o w�r'"4;.Y11"'c';:"o.....r' a.:..f........ .......................:.......�.......a �•� @ .h..Ea^4^'...... "' ...... Iy"^� .... .. "a n W""O:'C:Y" �...... ^ �. M a�� U.. n I y.....�;,Y'r-- ow ����� .y 1 0�����o'II"'iII'Vtl�U Yi '�'�'"e ,..w. i r ife.o�a'Ttt'� tele cAe.du'll'e- 71 Page" U• r U. .. �����....... ca;. ,i n-rc.��m-wn-�n-moi tO ... ,. ..... 12. Stage 12 Response — Il lI]d ,,,,,ateir,,,, lh.c urtas.!2,,,,,,,,,,,,,,g2.lh„ I... .::,.... .. s Target: During Stage j 2., achieve a 10% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: II. t4e4ae t ern " 'rel ... . ..........Uunder . Stage 1, the City will °• t lwirng diwc ag . • Use more repair crews if necessary to allow for a quicker response time for water-line leak repair; and • City crews (Water and other departments) begin monitoring customers' compliance with Stage :1..2 restrictions during the course of their daily rounds. Water Use Restrictions for Demand Reduction Under threat of penalty for violation, the following water use restrictions shall apply to all persons during Stage„I.2: a) Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Section 9. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Utilities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Utilities Department. 81 P a g e c) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure, the facility shall not be subject to these regulations. d) The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand-held hose or drip irrigation. g „ ... „............................................ 2 Stage 2 Response ll odeurate ateur Ihoiirta e ondl-flons a. s Target: During Stage 2.3, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage :).:2, the City will also do the following during Stage 2.3: • Eliminate the flushing of water mains unless required for decontamination and/or public safety; and • Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water Use Restrictions for Demand Reduction: All requirements of Stage :j..2.shall remain in effect during Stage except as modified below: a) Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the Cityi Utiillii�ii . Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi 91 Page^ Utilities Department infrastructure or done by means of hand-held hoses, hand- held buckets, or drip irrigation. Optional Measures: During Stage ,,, , the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 3 . Stage 24 Response —CRITICAL Water Shortage Conditions Target: During Stage 4, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage. 4-water shortage conditions to discourage discretionary water use, as described in Section 11 for retail customers and Section 16.10 for wholesale customers. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage , , the City will also do the following during Stage 4- • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. Water Use Restrictions for Demand Reduction: All requirements of Stage„j„2 and ,,4 shall remain in effect during Stage,3.44 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash stations and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless non-city, alternative source) is prohibited. 101 Page^ d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage ,q watering day and shall be done by hand or drip irrigation method. e) All fountains shall only operate to circulate water in order to maintain equipment. Optional Measures: During Stage,3"4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this it it iiir„ „y � irrI.- g response stage shall be in effect. b) For residential and multi-unit customers, a Il iry iiir... .Y. j. .1g]. 0 surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.142,5. Stage 142,5 Response — EMERGENCY Water Shortage Conditions Target: During Stage 5, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage .4.5 water shortage conditions, as described in Section 13. During emergency conditions such as system outage or supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager or designee. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager or designee's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. 111 Page^ Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage ;4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. Water Use Restrictions for Demand Reduction: During Stage .5, all requirements of Stage :).:2, .3, and .3. 4 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. Optional Measure: During Stage 5, the following measure is an optional water use restriction that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 11. Surcharges for ll eseirvoiiiirSy§.-2.1 ;; Stages � — . and Service Measures (a) General 1. The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. 2. This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. 121 Page^ 3. With City Council approval, the City Manager is authorized to determine 99 p 9 9 9 4 trigger points or allocations and surcharges during Stages , , ;4, and ,,,,,,,, Emergency Water Shortage conditions. 4. In this section, institutional customer means city utility customer which operates as a not-for-profit entity. 5. A customer may appeal an allocation or irlryiilr „y . irr surcharge triggering point established under this Section to the Executive Director of Utilities or designee on grounds of unnecessary hardship, through the process outlined in Section 12. 6. 1f , , lry, iilr,, „y .2.2 ll::D surcharge funds will first be applied towards annual debt service as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon consumption trigger point, with City Council Approval, a it Irv. iiir... .y j lrr].- 0 surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2 „J, condition has been declared, property managers of multi- tenant units shall notify the City Executive Director of Utilities of the number of residential units in their facility for determination of allocations. Until so notified, the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. 4. The customer is responsible for passing the demand charge onto the tenant. (d) Commercial or institutional customer 1. A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. 2. Method of establishing allocation: 131 Page^ a. When the combined reservoir capacity is less than 20% of total capacity (Stage ,3'4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during previous 12 months prior to the implementation of Stage 2. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, (1) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (2) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. 1. A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). 2. Method of establishing allocation. a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2....J.,. b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. 141 Page^ However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (f) Commercial, institutional, and industrial customers shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. 151 Page^ d. $40.00 for each additional 1,000 gallons over allocation. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. 1. When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this DCP to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. 161 Page^ (h) Water service to the retail water customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times for any individual month after the implementation of Stage 4..-.3. Also, the two months need not be consecutive months. 2. Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). 3. Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 4. Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). 5. For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of$50. 6. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of$500. 7. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 4& 8. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 9. For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection water service shall be restored upon request for a fee in the amount of"X" in the following formula: X = $ 50 x Customer's Allocation in gallons /20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 2,3. 171 Page^ d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. Q) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. 1. The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. 2. If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 12. Requests for Exemptions and Variances (a) The Executive Director of Utilities or designee may, in writing, grant a temporary variance to any of the provisions for water users found in this DCP upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City-provided application for exemption/variance with the City 181 Page^ Utilities Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Executive Director of Utilities or designee, and shall include the following: 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this DCP. 5. Description of the exemption requested 6. Period of time for which the exemption is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this DCP and the compliance date. 8. Other pertinent information; or as required on permit application (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this DCP occurring prior to the issuance of the exemption/variance. (d) The Executive Director of Utilities or designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this DCP if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this DCP will result in unnecessary hardship, and so that the spirit of this DCP shall be observed and substantial justice done. (e) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Executive Director of Utilities or designee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (f). A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (g) Violations of any permit conditions may be enforced under Section 13. 191 Page^ 13. Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the process outlined in Section 12. 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence, paragraph, or section of this DCP shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the 201 Page^ remaining phrases, clauses, sentences, paragraphs, and sections of this DCP, since the same would not have been enacted by the City without the incorporation into this DCP of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16. Wholesale Drought Contingency Plan 16.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Corpus Christi (City) adopts the following Wholesale Drought Contingency Plan (the Plan). 16.2 Public and Wholesale Customer Involvement The public was invited to view and make comments on the Plan during the regular meeting of City Council on June 23, 2015 at City Hall. The Plan was adopted under the open meetings requirement of the TCEQ during the July 14, 2015 City Council meeting. Amendments to the Plan were adopted on II lbiaiairy Y t „ „ 307- following a public hearing during the regularly scheduled meeting of City Council on a L.aLY..... ...........22;18. , , , , ,. .. 16.3 Wholesale Water Customer Education The City will periodically provide wholesale customers with information about the Plan, including information about conditions under which each stage of the Plan is to be initiated or terminated and drought response measures to be implemented in each stage. This information will be distributed by providing a copy of the Plan to each wholesale water customer. 16.4 Coordination with Regional Water Planning Groups The water service area of City of Corpus Christi and its wholesale water customers is located within the Coastal Bend Planning Region (Region N) and the City has provided a copy of the Plan to Region N. The City of Corpus Christi shall review and update, as appropriate, the drought contingency plan at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 16.5 Authorization The City of Corpus Christi City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation 211 Page^ is necessary to protect public health, safety, and welfare. Wholesale customers are subject to the plan under their contracts with the City. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days of any mandatory water use restrictions being enacted. 16.6 Application The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer' as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. Every wholesale water contract entered into, renewed or modified after official adoption of this Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under Ordinance Number 55-151 to impose similar restrictions, surcharges or rationing measures on their customers. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement outdoor watering restrictions similar to those of the City for each drought response stage. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. 16.7 Triggering Criteria for Initiation and Termination of Illeseiroiiiir , iillf; i Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of r wiry ii,ir,,,,, ,y irr„ response stages will be made by email, mail, or telephone. The news media will also be informed by the City. The triggering criterion to be monitored for determiningriryiilr....... .Ytirr„ response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See Appendix. The triggering criterions in this section are minimum standards for initiation and maximum standards for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. Al Vii.......... ':....."................:.:....... ii�n!i�........:..... .��........ ......::::n:::.h i..........r . gat........a ..........w. .e .U. i.... a sty s. .... a..,,.. . ,.. e........ rta. ...... ',,, ::ve..... C 221 Page^ (a ) age ;, . ,,, ,,,,. ,, a'�ero ' a e a'�cI. .. . iir............. ae ,,,,,,,,,,,, 4R Requirements for initiation — The City will recognize that a irr)"ii"II" i. water shortage w..al c h.. exists when the combined storage level declines below 40 percent. Requirement for termination — Stage :1.:2 of the Plan may be rescinded when the combined storage level increases above 50 percent :: .................................. SII` ......:....., ----' c - oR W ,.. .fi.v .........a 1rwi�r ;i � S ° d , ,. The City will notify its wholesale customers and the media of the termination of Stage :1.:2 in the same manner as the notification of initiation of Stage 1 of the Plan. (c)Stage 23—.1M0 Q 1E. IRAIr'E gid...... Water Shortage Condition Requirements for initiation — The City will recognize that a in.]oe...rate. . , water shortage condition exists when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent,,, fG*--a- G Upon termination of Stage 3, Stage :j..2. becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 4. (d)Stage 4—CRITICAL Water Shortage Condition Requirements for initiation — The City will recognize that a 2irii"1i1" "21y , , water shortage condition exists when the combined storage levels declines to below 20 percent. Requirement for termination — Stage ,3"4 of the Plan may be rescinded when the combined storage level increases above 30 percent,, t a Upon termination of Stage 3. 4, Stage 2.3 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage,314. (e)Stage 1.5— EMERGENCY Water Shortage Condition Requirements for initiation — The City will recognize that an emergency water shortage condition exists when any of the following occur: i. A major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or ii. Water production or distribution system limitations; or iii. Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City of Corpus Christi City Manager, or designee, deems appropriate. The City will notify its wholesale customers and the media of the termination of emergency shortage condition in the same manner as the notification of initiation of Stage 1 of the Plan. 231 Page^ 16.8 Ill eselrvoililrSy§.-21 [.. t Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in Section 16.7, shall determine that mild, moderate, or Irii,I•ii,p,g,IIN . water shortage conditions exist or that an emergency condition exists and shall implement best management practices accordingly. For water contracts between the City and wholesale customers with specific reductions based on stage, wholesale water customers are to implement measures to achieve water use reduction targets specified in the contract. For other contracts, required adoption of a Drought Contingency Plan should strive to achieve the water use reduction targets for each it s e.I.y ii•ir yIrr stage response presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is described below. I seirycoiii,pr, y, „ ,I��;h„I••• CI /,II CC Corr llbiii„Irked Target Demand Reduction Stage Response Reservoir Storage Levels Level eco Te-xana-is 4404 Stage 1..2- KlId Moder-ate <40% 10% Stage • - Moderate,S . <30% 15% Stage 4- mil ii,calI•w•'••••••�•••••••, <20% 30% Clriifiall Stage 5- Emergency Not Applicable 50% •••• ••• r..... •a el i • via ®� ql. Ire ct U• U• ry...4 fl 4 �Inr r xr rt rxrs -R-Rc`".,” wrcne I...........#e ",•W �. II h, a�- c I ?......... ate rte. tN 4t , wt, h I^n u�ra int. N........ . . e� n,. a...p.. ,. e. " ” "'�' t e mpem ry....... ... u` e ...:f U;� � U. � ...,. .,.•,--�?t -- p......." .... ....................... p °' ",�T.f,�. ... °' ���^.�W�'T tAl Du'T'�'ce.^..9 u" p*•1 II C"'�'a"hIW'MT s^4IV'C '�'N"u .. U' 4n ...GIr......... ... .n.fiy....... .........r' . ..." e , watear t . . Ir re . . - imjju II 241 Page^ . y�^^ RR;; q, yy, ^.+ro irc'ii r^$ +•awn t^a ... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, tage „�, —JIB„II,,II, IC ... ...... A=�1 Water homage a'�clh li' Target: Achieve a 10 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. --The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will initiate contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries. • The City of Corpus Christi City Manager, or designee, will request wholesale water customers to initiate mandatory measures to reduce non-essential water use (e.g. implement Stage „j„ ”of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 40 percent of its conservation pool volume, and that a StageJ2 2 If , , iry, iiir, y irr,i:'::. ”" . Response level has been declared. The City will recommend that operators post information to the public regarding Stage „I,,, of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. 251 Page^ Stage 3 IIIOIIIIRAIrI Water Shortage Conditions Target. Achieve hieve a 15 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 2,4 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries in accordance with Texas Water Code §11.039 by preparing a monthly water usage allocation baseline for each wholesale customer according to procedures specified in 16.9 of the Plan. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 30 percent of its conservation pool volume, and that a Stage 23 IIIryiilr yIrri:::. Response level has been declared. The City will recommend that operators post information to the public regarding Stage '4 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. 261 Page^ Stage —CRITICAL Water Shortage Conditions Target: Achieve a 30 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from project gates. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 4 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 16.9 of the Plan in accordance with Texas Water Code §11.039. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 20 percent of its conservation pool volume, and that a Stage 34 Iliryiiir... .Yirri:::. Response level has been declared. The City will recommend that operators post information to the public regarding Stage ,3'4 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. 271 Page^ Stage5— EMERGENCY Water Shortage Conditions Whenever emergency water shortage conditions exist as defined in Section 16.7 of the Plan, the City of Corpus Christi City Manager, or designee, shall: • Assess the severity of the problem and identify the actions needed and the time required to solve the problem. • Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (e.g., notification of the public to reduce water use until service is restored). • If appropriate, notify city, county, and/or state emergency response officials for assistance. • Undertake necessary actions, including repairs and/or clean-up as needed. • Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions. 16.9 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 16.7 of the Plan for Stage , 4 have been met, the City of Corpus Christi City Manager, or designee, is hereby authorized to implement allocation of water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation preparations shall begin during Stage ,3. A provision will be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage 281 Page^ allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. 16.10 Pro Rata Surcharges and Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. • 2.5 times the normal water rate in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. • 3.0 times the normal water rate in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. • 3.5 times the normal water rate more than 15 percent above the monthly allocation. 16.11 Variances The City Manager, or designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of this water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. All 291 Page^ petitions for variances shall be reviewed by the City Manager, or designee, and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (3) Description of the relief requested. (4) Period of time for which the variance is sought (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City. (1) Variances granted shall include a timetable for compliance with allocation requirements. (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 16.12 Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16.13 Reservoir System Operating Plan Because all the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Attachment C. 301 Page^ SC o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 12, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2604 Appropriating $14,439.73 from the Radio System Capital Replacement Reserve Fund to pay for repairs to the radio transmission towers CAPTION: Ordinance appropriating $14,439.73 from Radio System Capital Replacement Reserve Fund for repairs to radio tower site transmission lines; amending FY18 operating budget PURPOSE: The capital replacement funds must be appropriated in order to be used. BACKGROUND AND FINDINGS: The funds appropriated will be used to replace transmission line on radio transmitter sites which recently failed due to water damage from Hurricane Harvey. The project is included in the request for FEMA reimbursement. The radio system capital replacement fund was established by the interlocal agreement between the City, RTA, and Nueces County. It calls for any sums received for capital contributions by governmental entities participating in the radio system shall be held in an account by the City designated as the Radio System Capital Replacement Reserve. Each governmental entity coming onto the system is required to pay a fee of$562.50 for each radio added, and this sum is deposited into this special fund. It is only used for emergency repairs or needed upgrades. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017 - Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $50,969.98 $50,969.98 Encumbered / Expended Amount This item $14,439.73 $14,439.73 BALANCE $36,530.25 $36,530.25 Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $14,439.73 from Radio System Capital Replacement Reserve Fund for repairs to radio tower site transmission lines; amending FY18 operating budget BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That $14,439.73 from the Radio System Capital Replacement Reserve Fund is appropriated to pay for repairs to radio tower sites damaged by Hurricane Harvey which serves the City, County, and RTA radio systems. SECTION 2. The FY 2017-2018 operating budget adopted by Ordinance No. 031255 is amended by increasing expenditures by $14,439.73. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC v AGENDA MEMORANDUM /rygORPOBPIEO First Reading Ordinance for the City Council Meeting of January 16, 2018 1852 Second Reading for the City Council Meeting of January 23, 2018 DATE: October 23, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3268 Closing utility easement located south of Yorktown Boulevard between Malamute Drive and Bay Drive CAPTION: Ordinance abandoning and vacating 0.157 acre of an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive and requiring the owner, Hooten Family Trust and Thomas Nathan Clark, to comply with the specified conditions. PURPOSE: The purpose of this ordinance is to eliminate a portion of a utility easement to allow for Hooten Family Trust and Thomas Nathan Clark to build on the area the easement presently occupies. BACKGROUND AND FINDINGS: Hooten Family Trust and Thomas Nathan Clark (Owner) is requesting the abandonment and vacation of a 0.157 acre utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive. This abandonment and vacation of the utility easement is being requested by the owner for new construction. The existing utility easement is unimproved with no public and private utilities. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements conform to the City Code of Ordinances Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Project to Date Fiscal Year: Expenditures Future 2017-2018 (CIP only) Current Year Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The Maintenance responsibilities for the vacated easement reverts to Hooten Family Trust and Thomas Nathan Clark (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance with Exhibits Power Point Presentation Ordinance abandoning and vacating 0.157 acre of an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive and requiring the owner, Hooten Family Trust and Thomas Nathan Clark, to comply with the specified conditions. WHEREAS, Hooten Family Trust and Thomas Nathan Clark (Owner) is requesting the abandonment and vacation of 0.157 acre of an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.157 acre of an existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Hooten Family Trust and Thomas Nathan Clark (Owner), a 0.157 acre of an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive, as recorded in Volume 66, Pages 85-93 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit 'A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The maintenance responsibilities for the vacated easement reverts to Hooten Family Trust and Thomas Nathan Clark (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 August 10,2017 17029-M&B-UE.doc UTILITY EASEMENT CLOSURE TRACT STATE OF TEXAS § COUNTY OF NUECES § Description of a 0.157 acre tract of land, more or less, a portion of Rodd Village, Block 2, Lots 6, 7, 8, 9, and 10, a map of which is recorded in Volume 66, Pages 85 - 93, Map Records, Nueces County, Texas, said 0.157 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the southeast right-of-way line of Malamute Drive which bears N28°36'06"E 122.66' from the westernmost corner of said Lot 9, said beginning point for the westernmost corner of the tract herein described; THENCE N28036'06"E along said southeast right-of-way line of Malamute Drive, at 7.53' pass the westernmost corner of said Lot 8, in all a distance of 15.06'to a point for the northernmost corner of the tract herein described; THENCE along a line 7.50' northeast of and parallel to the southwest boundary line of said Lots 8, 7 and 6 S66031'52"E 457.24' to a point in the northwest right-of-way line of Bay Drive for the easternmost corner of the tract herein described; THENCE S28034'20"W along said northwest right-of-way line of Bay Drive, at 7.53' pass the easternmost corner of said Lot 10,in all 15.06'to a point for the southeast corner of the tract herein described; THENCE N66031'52"W 457.25' along a line 7.5' southwest of and parallel to the northeast boundary line of said Lots 10 and 9 to the POINT OF BEGINNING, a sketch showing said Utility Easement Closure Tract is attached hereto as Exhibit`B". 000e__� .� on M.Welsh,R.P.L.S. ,µ;....*.... •, 141:(CW M.WELSH 2211 su EXHIBIT Page 1 of 1 CL MALAMUTE DRIVE_ N28° 36' 06" E 15, 06' N28° 36' 06" E 122. 66' J Ln w 5 UTILITY EASEMENT CLOSURE TRACT, 0. 157 AC. 9 4 8 < O 01% N ry cp 2 (� °CA 3 N N R❑DD VILLAGE, r i V. 66, P. 85 — 93, M. R. ,,p O W m P ii7 cfl cil 71� 3 J -__ I 7 O cil Z bd r 2 < ti 10 6 1 J Ln W S28° 34' 20" W 15. 06' CL BAY DRIVE BASS WELS EXHIBIT B CORP SN CHR STI,TX ENGINEERING S KETCH TO ACCOMPANY COMP. N0. EXB—UE CLO JOB N0. 17029 METES AND BOUNDS DESCRIPTION SCALE: 1" = 60' PLOT SCALE: SAME 1" = 60' PLOT DATE: 08/10/17 SHEET 1 OF 1 01<I N T T q� ti meq. AZ) PYRENEES q� �O EXHIBIT "C" LOCATION MAP UTILTY EASEMENT CLOSURE 1" = 500' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-DE LOCATION, JOB NO. 17029, SCALE: 1" = 500' PLOT SCALE: SAME, PLOT DATE: 10/23/17, SHEET 1 OF 1 • V e S� • i i Easement Closure for Rodd Village, Block 2, lots 6,7,8,9 and 10 City Council Presentation January 30, 2018 m . . Aerial Overview AjlllpPn lip o ip un G I r I' �4 IIIA � � I r�it IIII '/�/ � �r fJi� 4/�✓fir ��/r �i�� r � IIIIIIII Vicinity Map i s Staff Recommendations 4 7 �y Staff recommends: • Approval of the proposed Easement Closure. SC v AGENDA MEMORANDUM /rygORPOBPIEO First Reading for the City Council Meeting of January 16, 2018 1852 Second Reading for the City Council Meeting of January 23, 2018 DATE: October 23, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3268 Closing of a utility easement located at 4002 and 4018 South Padre Island Drive CAPTION: Ordinance abandoning and vacating 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive and requiring the owner, Weber Dorado Partners, LLC., to comply with the specified conditions. PURPOSE: The purpose of this ordinance is to eliminate a portion of an utility easement to allow for Weber Dorado Partners, LLC. to build on the area the easement presently occupies. BACKGROUND AND FINDINGS: Weber Dorado Partners, LLC. (Owner) is requesting the abandonment and vacation of a 0.0446 acre utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive. This abandonment and vacation of the utility easement is being requested by the owner for new construction. The existing utility easement contains a wastewater main that shall be relocated by the applicant. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Project to Date Fiscal Year: Expenditures Future 2017-2018 (CIP only) Current Year Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The Maintenance responsibilities for the vacated easement reverts to Weber Dorado Partners, LLC. (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Power Point Presentation Ordinance abandoning and vacating 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive and requiring the owner, Weber Dorado Partners, LLC., to comply with the specified conditions. WHEREAS, Weber Dorado Partners, LLC. (Owner) is requesting the abandonment and vacation of 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.0446 acre of an existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request Weber Dorado Partners, LLC. (Owner), a 0.0446 acre of an existing utility easement out Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive, as recorded in Volume 57, Page 6 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit 'A" which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City b. The existing utility easement contains a wastewater main that shall be relocated by the applicant. c. The maintenance responsibilities for the vacated easement reverts to Weber Dorado Partners, LLC. (Owner). d. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor STATE OF TEXAS NUECES COUNTY EXHIBIT"A" Field Note Description for a 0.0446 acre lease(1,943 Square Feet),out of Lot 1-A,George J. Merriman Subdivision,as recorded in Volume 57, Page 6, Map Records of Nueces County,Texas(M.R.N.C.T.), and conveyed to Eddie Yaklin in Document No.#20030625,Official Public Records of Nueces County,Texas (O.P.R.N.C.T.),and Lot 4-A,of the said George J. Merriman Subdivision,as conveyed to Eddie Yaklin in Document No.#2006066859,O.P.R.N.C.T.,the said 0.0446 acre lease(1,943 Square Feet) being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with red plastic cap stamped "URBAN"found on the south Right- of-Way(R.O.W.) line of Delphine Street(50 foot R.O.W.),as recorded in the said Merriman Subdivision, same point being the east corner of A CALLED 0.941 acres out of Lot 4-A of the said George J. Merriman Subdivision,as conveyed to Eddie Yaklin in Document No. #2006066859,O.P.R.N.C.T. and the north corner of the said A CALLED 1.017 acre tract out of Lot 4-A as conveyed to Tinker Belle Trombley in Document No.#2015020962,O.P.R.N.C.T.,from which the"POINT OF BEGINNING"bears South 28°43'42"West,30.00 feet and North 61°16'18"West,55.78 feet to the"POINT OF BEGINNING"of the herein described 0.0446 acre utility easement closure; THENCE North 61°16'18"West,continuing across the said Lot 4-A a distance of 74.32 feet to a point for an interior corner of the said 0.0446 acre utility easement closure; THENCE South 28°42'59"West,continuing across the said Lot 4-A,George J. Merriman Subdivision a distance of 110.00 feet to a point for an interior corner of the herein described 0.0446 acre utility easement closure; THENCE North 61°17'01"West,continuing across the said Lot 4-A,George J. Merriman Subdivision,at 5 feet departing the said Lot 4-A, and crossing into the said Lot 1-A,in all a distance of 10.00 feet to a point for a corner of the herein described 0.0446 acre utility easement closure; THENCE North 28°42'59" East,continuing across the said Lot 1-A,George J. Merriman Subdivision a distance of 120.00 feet to a point for a corner of the herein described 0.0446 acre utility easement closure,- THENCE losure;THENCE South 61°16'18" East,continuing across the said Lot 1-A,George J. Merriman Subdivision at 5 feet departing Lot 1-A,and crossing into Lot 4-A,in all distance of 84.32 feet to a point for a corner of the herein described 0.0446 acre utility easement closure; THENCE South 28°43'42"West,continuing across the said Lot 4-A,George J. Merriman Subdivision a distance of 10.00 feet to the"POINT OF BEGINNING"and containing within these metes& bounds 0.0446 acre lease(1,943 Square Feet),of land, more or less. (All bearings are based on The Texas Coordinate System,South Zone 4205, NAD83). I hereby certify that the foregoing legal description was prepared from survey performed on the ground under my supervision and it correctly represents the facts found at the time of the survey,on this the 14th day of September,2017. Xi(vier Sandoval ( Registered Professional Land Surveyor • ." ,, License No. 5886 State of Texas +5.4 r 4F � o y'a. Spf, ryy. �� dr N " \\\ M sqN q<(fy // \\\ \\ \ 4 \F�p/Y/7y �/CNp r�J Rk -7' /oocunEN P.R N.coozooe,e. P4 LOT 1-A / (1.35 ACRES) �� (58,822 SQ.FT.) / �„ o .J2, \10.00\ \\ E EA, \ \\ \\\ N 61'17'01"W \\ \\ / c / 10.00' LOT 4-A \\\ 1.95 ACRES) \\\ \ V / KUN uoc.No.[memmroV (85,270 SQ.FT.) vv v EOOIE rA GLLACRES, ENTLOi I-A,J.C."P.R.I C.T., \ \ \UL 57$PC.6,P.R.N.CR.., > CDC.NO.#200]082580,O.P.R.N.C.T. / \ EOOIE'—N / y \ GLLfO 0.941 ACRES OUT OF \ / \ \ AL LOT 4-A,J.C.MFRRIMPN SUBO., / \ VOL 578,P0.8,P.R.N.C.T., \ \ DOC.NO.#2006066859,O.P.R.N.C.T. / \ \\ TINKER BELLE TRON— \\ C_D 1I 011J�AtlEE9 OUT OF / LOT 4-A,J.C.MERRIMAN SUBO., / \ \ WL 578,PC.Q P.R.N.C.T., \ \ C.NO.12015020962,O.P.R.N.C.T. / / t 0 60 120 180 \ t�.0F. 7e 1 = 60 �P 0,ildiEp"'d:9 h.. N XAVIER SANDOVAL .......................... 5886 p; /TERED suo REG PROFESSIONAL LAND SURVEYOR LICENSE NO. 5886, STATE OF TEXAS I, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY NOTES: THAT THIS PLAT REPRESENTS AN ON THE GROUND • GRID BEARINGS ARE REFERENCED TO THE TEXAS SURVEY, PERFORMED UNDER MY SUPERVISION COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. THIS THE 15TH DAY OF SEPTEMBER, 2017. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. UTILITY EASEMENT CLOSURE, • O.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES 0.0446 ACRES, (1,943 SQ. FEET), COUNTY, TEXAS. OUT OF LOT 1A & LOT 4A, GEO J. MERRIMAN SUBDIVISION, • M.R.N.C.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. VOLUME 57, PAGE 6, M.P.R.N.C.T. • = DENOTES PROPERTY LINE. DRAWN DATE A T T S ALL RIGHTS RESERVED © UCC1-2.7. XDS09i11hiol! X 1, 11■ APPROVED DATE 11I�G Sl)9 09;15b'01; S�11LVE livPING SCALE PROJECT NO XD5 5UKVEY1NG E MA-PING,EC. PHONE: 210.716.7169 111-60' 110913 avierd sa nd o val@g-11,cpm FIRM KEGISKATION 10 194 170 0 o v Q ark Z � �oS �� z S z Q o O �� o�� z w�� rw00 q �/N o Evelyn Price �Ey �� O Ci o Park a 0 m o Sy o S OS �� ��R�CSO ��� s°�� Oma�� O Lincoln Z v S Z PROJECT SITE Park z OZ LOCATION Q CO 500 00oa o alreS rkyy� //vv v� wC p OST OST Q NI00 SSN BR OS ���� Kingston e� tiyT Ti0 S Para I kPla rk T �S ark CkpROO�ONy 'Z MEROS/C � �o ASO /ko�;b po � y0 q SON NO R N� y E r � 0Cly �N y 4 A OONPC0 �� � 'y S S k F S R00� CSO NB SOS MONSF 0 z 0 TNS S�0 ASO �SY S0� Ck FURY ¢4 TORR o QS SV Ston g tSS� �gT� yST C oo COVEN O�TjS COBB�ES�Ry SOn„ 0 1000 2000 3000 1" = 1000' NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. LOCATION MAP OF UTILITY EASEMENT CLOSURE • O.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES 0.0446 ACRES, (1,943 SQ. FEET), COUNTY, TEXAS. OUT of LOT 1-A & LOT 4-A, GEO J. MERRIMAN SUBDIVISION, • M.R.N.C.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. VOLUME 57, PAGE 6, M.P.R.N.C.T. • = DENOTES PROPERTY LINE. DRAWN DATE A © T T S ALL RIGHTS RESERVED UCC1-2J. XDS 09i14h?ol'! Lx1 1I1 APPROVED DATE SUR TE, 1 Sl)S 09'1.51 1011 E, MAPPING SCALE PROJECT NO xo5 5UKVEY1NG VA-PING,EC. PHONE: 210.716.7169 170913 xa —j sa nd oval@gmaiLcom FIRM REGISKATION 10194170 • V e S� • i i Easement Closure for Geo J. Merriman Subdivision, Lots 1-A & 4-A City Council Presentation January 30, 2018 m . . f Aerial Overview // i lv r l ria W r it o r f '/� y hhr�A�l�t �l�af,I�rJrJ<rJ " Irt tt t �` J r f7 r � �l / J � �I y�lr����i�tptlft{Ct rPr;�nik!/r)1!r r619 tNfi}}r��rlkaa //, + tdr /� / r�l�ll+�7�� l�t is �rlr�ifitl tr}rl�r��j a/r '1/�JJ�/r�rt�ir�yYu���l Y ltd• , �G` ®®®®®®®®®®®_ ii I't'9C��lff I}'/(�,jj7JE'tf`t��IIJ�J` �IF�I,jJ�ti f�l rl�l tt�ri li�� IyU/�J� �ajY �Vr � r, i�'.t��F tai rU� ��,r�>.�41 rfif,r t4 r✓l��r.1��,. Jttt lit€1€1 r,iJi�r�r uuuuuuuuuuum „ i c 1 t� 1 EL ,,�I „; ter ,t r o�tYv� ✓�/� IIIIIVIIIII� � r f Yi�tl��'i�S rr1 E�rlgh�}tr;��}li rN1�'rr�'����9�f�k ��r t}✓f�t I 1 tri .... a, of�YY �>✓J�i lY >�� IC rt✓i'�rl�T i'IiyPlr lli tY ol��f���Il �i/ d „ ;�/. v rJrl u� >trf��iji of rJl�� tls r ,d Fri r ( Jar Y Y r t {r t FY Jl/'} 7 l��t a �1� °�r�r��fllhP�lat�4f a1�IJ � IdVI� hi �%l P}/at l r �%ii �Jap�✓�, rl t r,�� J1'�����JaI�I a'`�f t ���/o r�IKil � nl r YY M`r 8 � 1 ��� �' �r�a�a��rl ltil J)�//I�f��14 J1}�✓�ifl JYJr // �// }.` I' d G Dr r r �IX Vicinity Map , r V V it!���a�, .Rd�r �'J�^✓�,r,.,!^✓r i�P Vr�,�.�"i�P�(i��,�.�" � it ,r; ��r R�p yf,�.r�,�� �,P�t����r��� J{�n:,,, 'if����.�, a �� ����9i q.� ' �E ........... ..............................ME I � ... � "i„�� ,,,,r�'�°!r.' d� ��"�,�� r��"i���i,;,,.�+lr �r � . , � j� �r ,�'�",,,,r✓ ,6+,{i,�4�, I �” t Iry I � I i p k ! G IIIIIIIII��� �„s �!��?1� ���� it�����"� I�.�f'������j����� � i.1.� .. iii�•��� l p �l� ��,��� i, f �,_ '� I / s Staff Recommendations 4 7 �y Staff recommends: • Approval of the proposed Easement Closure. se �' as 0 AGENDA MEMORANDUM v First Reading (Tabled) for the City Council Meeting of January 16, 2018 /pCOFPOppj Ep First Reading for the City Council Meeting of January 23, 2018 1852 Second Reading for the City Council Meeting of January 30, 2018 DATE: December 28, 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 AEL Development, LLC, for the Wastewater Collection Line Extension Construction and Reimbursement Agreement CAPTION: Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with AEL Development, LLC. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $52,514.90 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: AEL Development, LLC, is required to install 204 linear feet of 12-inch wastewater collection line extension in order to provide adequate wastewater service to a proposed residential subdivision development. The subdivision is located north of Yorktown Boulevard and east of Airline Road. BACKGROUND AND FINDINGS: Per UDC Section 8.5.2.E.2 Credits and Reimbursements, AEL Development, LLC, is requesting a Reimbursement Agreement for the development of 24.655 acre tract of land, more or less, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates as shown on the final plat. The development requires the extension of 204 linear feet of 12-inch wastewater collection line in order to provide adequate wastewater service to the property. A layout of existing and proposed improvements is included as Exhibit 3. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending wastewater to serve the proposed residential development and has requested a Reimbursement Agreement, in accordance with UDC Section 8.5.2.E.2 Credits and Reimbursements. 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 $1,162,581.91 Encumbered / Expended $14,724.00 Amount This item $52,514.90 BALANCE $1,095,343.01 Fund(s): Sanitary Sewer Collection Line Trust Fund 4220-21801-777-540450 Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with exhibits Presentation Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with AEL Development, LLC. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $52,514.90 from the No. 4220 Sanitary Sewer Collection Line 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 sanitary sewer collection line construction and reimbursement agreement ("Agreement"), attached hereto, with AEL Development, LLC. ("Developer"), for the extension of a 12-inch sanitary sewer collection line, including all related appurtenances, for the development of a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $52,514.90 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the sanitary sewer collection 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 , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and AEL Development, LLC, ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on April 05, 2018 to develop a tract of land, to wit: 24.655 acre tract of land, more or less, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates, located at Yorktown Boulevard at Airline Road, 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 wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of a portion of the Developer/Owner's costs for the construction of the Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater 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 Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 204 linear feet 12-inch PVC pipe; Page 1 of 8 2. Dewatering for 12-inch pipe (204 linear feet); 3. Install one (1) fiberglass manhole; 4. Casing Pipe Bored in place 20-inch (80 linear feet); 5. Traffic control and barricading plan and permitting; 6. 1337 linear feet of oversize over depth (10-inch pipe to 12-inch pipe); b. The Wastewater Extension begins at the proposed sanitary sewer manhole by others as part of Rodd Field Road reconstruction project, thence along a route adjacent to the Channel 31 Drainage Ditch in a 15' UE to serve land adjacent to and southeast of the subject site (Proposed Airline Estates) , to extend approximately 204 linear feet and available for future extension. c. The plans and specifications must comply with the City's Wastewater 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. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner 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/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by January 16, 2019. 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. 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 Page 2 of 8 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 Wastewater 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 Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before January 16, 2019. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or 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 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 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. Page 3 of 8 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: AEL Development, LLC 483 Saratoga Blvd., PMB 42 Corpus Christi, Texas 78413 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 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. Page 4 of 8 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 Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater 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. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $52,514.90 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 no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement Exhibit 5. c. To be eligible for reimbursement, the work must be 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 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 BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT Page 5 of 8 TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: 24.655 acre tract of land, more or less, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates, 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. 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 Page 6 of 8 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta William J. Green, P.E. City Secretary Interim Director of Development Services 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 2018. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Interim Director of Development Services, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2018. Notary Public, State Of Texas APPROVED AS TO FORM: 12018. Buck Brice, Assistant City Attorney For the City Attorney Page 7 of 8 OWNER: AEL Development, LLC. By: Hamed Mostaghasi, General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 20187 by Hamed Mostaghasi, General Partner, AEL Development, LLC., a Texas Corporation, on behalf of said corporation. Notary Public's Signature Page 8 of 8 - ...... ._ ... --------.__ „y L, y: ,R, 6) v V \ a a Ij n (o ��n a ,' ,e„ �% I A\ �r �� a,k, k l5rR, ✓ \ r \ irivinini Ii \ \ V A �q \ AR n „fs ��n o ,I �\ , 1 it � C I \ III ;�r I Cn i OWING \ 611 — o,.,o.r, e�./o � �� \ —d*r11 ��_ �� ..... PLANIVINC OCJhIIMI";x;1171Al I rtI II I, rill Ire �n /d IAI 1`AA `, o err, 600- r�uu rl:�zr,v .,ti u x �ICIIL ACT It iAIIIJ, I1 S:AIS I' EOJ' E 2 L 11 ItI I ItIr Ik— », p u Ill I-I r Ill)-it III,' FJ lio,W .1S4 S I nW Ilk c'11 (',1 1`,iI YA;�P9t,74 J I 1 a, u s e 2 c I 4 F r o' ✓ � r 00 v �•+�,. \ \ - ✓ �Bei v. t � t i,„ ..�_ _ �. G ..rrc � 4 V a t n to •r• �r u. ._....___._.�.............. _._ "T___._�. .,7 -. a � u r n u n OtaYi s.c -ru r sio ri,vr � r,. ,Ill' .,,. - ,s, ,, '__..._GUMMI"FIION ..,. ,,, nxi✓ nv�.�. v„n APPLICATION FOR WASTE WATER REIMBURSEMENT We, AEL Development, LLC, 483 Saratoga Blvd., PMB 42, Corpus Christi, Texas 78413, owners and developers of proposed Airline Estates Subdivision, hereby request reimbursement of $52,514.90 for the installation of the waste water collection line in conjunction with said subdivision, as provided for by City Ordinance No. 17396.$94,565.90 is the construction cost, including 10% Engineering and Surveying and Testing, as shown by the cost supporting documents attached herewith. Ham �Mos�tagha�si, Gener Partner Date AEL Development, LLC THE STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on 2017, by Hamed Mostaghasi, General Partner, A L Development, LLC., on behalf of the said corporation. : YWVPUB LYLTRA PENA Y, % TAR, UC NOTAS state of Texas Comm,Exp,12-02-1019 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 Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 APPLICATION FOR WASTE WATER CREDIT We, AEL Development, LLC, 483 Saratoga Blvd., PMB 42, Corpus Christi, Texas 78413, owners and developers of proposed Airline Estates Subdivision, hereby apply for$42,051.00 credit towards the waste water lot fee for the collection line extension in conjunction with said subdivision as provided for by City Ordinance No. 17396. $94,565.90 is the construction cost, including 10% Engineering and Surveying and Testing, as shown by the cost supporting documents attached herewith. t�vc, .......... ed Mostaghasi,, eneral Partner ate 4 om C AEL DevelopmeInt, L C THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2017, , by Harried Mostaghasi, General Partner, AEL Development, LLC., on behalf of the said corporation. . ............ PEVA P 'lic in 'nd foU ULTRA IV Nota a r the Sta�ce of Texas N NO'TARY B PU LIC Texas State,Of T comm.F 12_02-2011, _xp. Tq OTARY pUBLIG 20ri. Stale of Texas ixp,12-02-2011 1, COMM. .......... Exhibit 2 Yo � �� Aii�i iii i SWIS sz=`& ROP 1z' e .. e - - „. amz. w�^w NE n ® � R S61'19 19"E izzo.aa rec DTN rl \ e v xEC Ilo 0 0 W @P 2v PRO 6'T ✓'N o �rvvanz\ o Iz o z PVC R PROP 6 Wx T S[ p'VC"I PVC SIR 0 +P ILL N z aW � nreg[z NE O n r OP w � - 7- V s. e a w a 4 o sure m \\ 2.O1P 'C SS � PR P LNE C ® .21% ., Oa RE n�¢l+f n l � /r IKE ...wP za 4T m, S a su s m ns <z ' $ \ k\ LRO E o m ee e A P BPVC SS I IE ED IN PROP I"R __- - c \V �TV A� °�.A � �' _ tt u vOF PRpP <, — O Pvc wrR PROPW6 1�1 PV— — — ° RbPAS l IN a o �I MaiJ E STAT UEpo N TNG SHE 5 MATCH LINE Sia 5 CCbN\iNHEr) CNNri HUED ON FULOWiNG pSH Er) a. o z eI 5 VI ° N _ o c +aD 1s — 2 P 3+ aG a+oo 110, IINO AS, ------ CIA, EI re \ E, 0 4MN ,a 6WpN .:.a a Z. _ 0 i r omo N a+pp 2+oG s+aG ie i i a I 15 _ i5 °.r.ne: xoR�.ex d n - 16 0 0 ^ e` ue 15____i+Dp________2+00 - 3+00 -- 5„4 p0- nA PoOe'5+p dz PROE LE SS LNE i 9” „� (PVRT ALLY OFFSrtE) �0 4 PROF 5 i � SS NF"( COURTI p 6 ]+pp B+OD 9+po r^i — - +15 � bWouz -ax P� Lv� R0.SS&WELSH ENGINEERING NS,REG No PRP 1"PVC '�n'x PROP 1 - son srezm.rvreaus�e�„reE,SEE VIIINTI IN PROP "PVC S O P R AIRL]NELIC pESTATES si 5 CORPUS m MATCH�LINE STa 9+00 SANITARY SEWER AND WATER EPLAN&PROFILE 10 4pp., (CONTINUED ON FOLLOWING SHEET) 0 F,11% (IATITUpE 4 WN1 sa:6 „ PUBUC WIRDWENEH73 7 A HR U Ekc E" IEOEND—PROPOSED PACNlllE4 / $s AND MPIMIEWINC6 AND APPURIQWlCES /L/J/I :.a�saxc n a O �c�va,mo•a .aacacxccaa.c a.c.c.ciaa ac c rnxc"�z.�az nx na o�. wuxe<<.xu�m�[a c. oauxw�xfa�n�mcca oiu�xicx waver a zzc.zi zw.rxv "�cr� ° e s»e.,�c roxrewc s.vcuzn "v"xcwa"c�•caac cw.cw.c v�vc f ax.�.vwa<x,xxow.wxx zw..av sc.�a,a.Kvvcc�nzx�zm.etic c� OTATTIMN MAP ox "sz cc .sPv saw cxc m N s M Arcs or owxw�oissciox I mosso mous sn'wc Al r<ms SHEET INDEX STEEL I COVER SHEET AND MISCELLANEOUS INFORMATION as.>o mwcs cao-.a a�wz we.a.c>3 SHEET 2 PAVING.GGRADI NGRM A FANDRDRANAGE PLAN,STREET AND ccvuv caul uc uuu uacuu�r umr uvawxwxa w sxr.s OFILES SHEET 3 PAVING,GRADING AND DRAINAGE PLAN,STREET c.cv,.ss we cunoF.wr.vs cz.�xwc�x�s mos wu.ouno.s.xz s.cwx ""c sa„cc- AND STORM SEWER PROFILES CALL BEFORE YOU DIG! SHEET A sANITA I SEwcR wvo llER PUN AND PROFILE SHEET s snwTARv sewER AND)WATER PLAN AND PROFILE SHEET A—" TO M SATER POLLUTION PREVENTION PLAN.BASE MAPS moons,.warn".circ zw.. .,oz...xxurt�x�s,c.w�xc,s K.�nc saocaw aaa aws awc,ac owwis.nva.z SHEET J STORM WATER POLLUTION PREVENTION PLAN,ESTIMATE SUMMARY SHEET 8 OFFOUE SANITARY SEWER PLAN AND PROFILE SHEET 9 STREET,SINEGSALF AND DRAINAGE DETAILS vxnwr nxsa oro nau s�wa nuiowxc is u�.wa�o uew�x�csmwux�s or awi.z..nurr mmne�arra.raz.e.c. ixe.e"e.enume a�reaxr."�e xeouineuens J.t o v imassu.�snwax car"�z ns zwxx.e aasuin r wewzm caws r.rxv wnicara z.na�n ucm r<<s swii sc sox n�x�m�iw�a.e.x�em(xm er amwnoal �E' x morn u�snwn cwsinox cr.xs wax.s.wwi�wv xn e�xnm cx.x�slurs w � mx,awss un�a wxxu�m,xw,suaua,xw�m aew or w.v,x�s sxc�m wa,a�xxm,�x x sue,o�wv.e..��o,a,aa wv.w. cm o,sus wa<..n,H moss C y �u a cuas.xo c wr�s zs"u o�crar:'°s"s'riu�s.s�.xµomv cr.x�comaonca�c uaw w ui suc saaio� aun eiccn a ui n'e'oro x moa w r xvx cI IJ I ICI =nx«xtim c,..mon..x«�x�n. .a w.�.a..,.a x s.<<.,c, =ox�<<.a vnv�r oxa.xxn .num c,I VAI I C U IVI I'I Y annTr cr ane nrur a.u�z a s�oxx�aa+o o sx.a ares swscmv xa row b na�n moa a us moss coxnauenx xss�oox ops c ccxnxun rrewa"cure"curs r.a�num nz"snnrrs rxc rz z.mrnµ"ucw"w.c z.cwnnun mor"""mss w"ac a�m�xssxs w.. usamsu�msn rza xm�c�oa uvri e�°�"wi°icmi'cio:°Piro"ase siouas e�roa� n�rxaa erv"cmaa.c a�a ,oa�,a us acx o W N' x. ..e xwe.xs xuuax a..e rsseasn xus wu"e xzwa�c..z snc�en °` rw sola cr�...c.a c wx.z saw rw coos wuss�snv roa coos avers x�xs mwa� uazwx�.c..�nm�s w"snw�s ns u"r ccurrxia,nc�u"mc a.0 o..,ce wi I I Y co�rtsxusmu ascuwoxx xo nswus a cwoaua wmca Hans Axa sxi mxamwz s s.oxx x normae mon w"cu�z e"ru Meuxo rre •sr oµ ''cen"rnen zwu xmry ru rernerure con"rnen sw�uee�a�mvexxuzrna we earµs m.en neeuu.nrs wa.rea.Vu. - .curs auen.e rnw�mrrs.nu+ex. uxca"reuxc rKca aµ"aaa s nnw 4r I Au)A R)�'r A u) ,�,H"aaax�xcrsc x,vxc. " " r ICII ICAI ICC IVS DTxTTDPTx. e.xe swuusso-ms ssus m+Ro-rwx smrasmux ssaros u+ci. mmµ c - nn�m x cr o.xwm sscorcrosx mszv w.sswvm.arrrc csnw�sex wu sr "munm meu..e avn"rete"mn xc mon.x sue�v nox on«swan xc mon. �,T %OANT,FLA ssP x swLL xnnu sus®ae.rei a wwxxe moxas a ac nor sae arss xeeu na a+�e.re nre w.en�..vwe�rw>rxe'recw"w.o cav nrxwn"ee.u�s rue s.con"rnen z nezwrrs"�e rw enrxw a�ws�ere�e szwrs rxo/w sr.xeµv I - cr,anac uzm. ""`""`z nmunm re"rerrrxc rea ra�cnsµa zw,um nzwnwzns ma,�,wre- vex.,s�auns w<<Es w�a�auasa °'"c vc.nruzn nreca,c"cznuxz I A I IV I I I.)S ICC R I. 4 . IE ,x,e.T z m nmsx c.ss"..c"m n. .�". nam rcwsxwaw.o wawcwx aw.i rw .SP T)A I .)�P I �I it F.: ""er a me mmwnz wu"z evm ens more er ua er"c.uxa cwrar urc mxns�w rsn mon ixIITRq us.xss uxoswwuxo ixa smea.e FI 111 1 1)F.:Alli.i4..:u 111 FELL ssuf9'E0"E E220,O4 sc a d o Tt I �4 °;; 5 35 < a 0 w , ,EE N — 0 2, .xu _ a„VOE x,. m 531 55 °� 7 € v TAT um v \o i Ftt uFo ffp � O 3 ATCH , MATCH LNE STA 7150 NUED aowNc sH (CONTINUED 0N FOLLOWING S HEET) b� 6 �A \ ON FO e+00 S5'D DPP ,m Pre®.. a` "�.�✓ a 0 4+00 —--------- -- _— PT"', = a..c, 5 PROF LE LONG TIDE COURTIX 5 12 ¢ WFdP a o 4+00 5+00 RICO ]+OD A+DO 'Y 5 --- -------- ,...,,..a. ----- m PU O a _F NOES�TATE, 5 5 CORPUST , NIECES CO.. TX PROF LE—LA UDE STREET(PARALLEL 0 OF OwM PAV]BEENGT AR ]N ST 6 AND➢RA]NA6E PLAN PER SEWER PROFILES �' MATCH N A90 (CONTINUED ONFOLLOWING SHEET) III „oL ,o --- ,, +� ,— — CmNTiNueo FROM PREp�o�ssa EREETi' s+oo , ��EINE n ------ — --- — —.o— i� d0 (CGL NUEo FROM PREVIOUS SHEET)IS- \ ss d +' ,cH LINE STA 715Q i «, tN cs .yy \ve + U:1 �o M �— a � su�o ROE�E wESE mutt q � t IS o s \ F�I r � III c oil �r a 9 ,a, oJ, T, v T,� vv G CSII _ vv � Zvi A,. II II I o N61'17'13"W 646.47' _ - _ — a ACL YORKTOWN BLVD. -- — � 9+00 =E+oa —0. Too g1s lwoo 11+00 1�+00------ 15 17 —11 EN INEENNA PROF F M n ONOs 11111 5 Pu o ETETE cRgo 1N'a n F"N"'LED STPEET AND STORM SEWER PROLl— PROP 12 PIC ES LINE'A' 0.219,CONTINUES SHEET 8® PROP'I2"WC SC p 12"PVC SS -------------- --- e LINED' EP'A 19"E 1220.84 21 11 •n \ zz PLINROE.P 630'@Pa. PAR PRDPW6F •:m, v ,"a- terra _ ` P •�,�`\i a, �I Ilh s zp I NpFu \\ We°. �o \\ oP)p c RAs PNov�oc ss qs p i ws 3 �O �V �NE`c' O E .ee9 �,. � � dRop 81aPVC As A I ------------—---------- - vv o � Ib I C� ED �II \ PROP E" E A— PRIN OP s �I o — f� ® �� �. P b LR PVC ss \\ '°�a 4_v sa e ����I rz. zz VA 0 z, N MnTCH I E STA 15 SHEET) MnTCR LINE s\\Ta +so \" \'A\ r• .�Nm (CONTINUED 0 ET) (CONTINUEDON ) FOLLOWING SHEET F C(J IVSII(IJC:IIOIVSIUA11"C 01\4111Y V1(IIIV M'\VP�oP s+oo �s +aD e+oo s+pp 4+Dp m' CIIY SIRVIVO/ARDS/A IVI)'III(II CAI10IVSI A �•�MP 6o pL,e �-_ ^• --u ',� a I N(J 1311 OIV IIAI/AIVI)A/L:R I1C1VL.. w -- ,moo— T i p c 'I 13/AII(J IV I'I IV1ll IN I'IJI'I I( •� IJI II II(SSH/AII C(JA/II'I_Y V1lIIIV C':IIY �= A I)ICI(J SI/\IVI)/\RI)r' • PROFILE SC LINE 'F'(LONGITUDE COURT) , o: r e" 1+p0 „• 2+00 3+00 4+00 5+00 10+00 /Ro/�T 5 6+00 15 C �eI _ w • PROP TO'WC PROP 10"PVC 'n*00 PU O 55@p INIP11 INNEU 1E.1 11114 S@ 0.269 5 CHRIST], NIECES CO, TN mN MATCH o a „_ 4PROP 10'PVC -Hca. ��e F, ,2�I SAN]CORPUS SEWER AND WATER PLAN&PROFILE (CCNTI NUED ON FOLLOWING SHEET) O 0 "(UaTEL TO YORETOWN) SraLF.rz=so .h;1 (COLUNUER FROM PREmousNO SHEET) �•"'�"�"iloo MO C'LME FA 7+50 5 0o i+oo z, — \ (CONTINUED FROM PREVIOUS715SHEET H 'Q .gym x S S"5Fs' � SHE 7+ ROME F PIo9 o O s '..., Na \ a a vzo i 14l I FEE / F LNE s\ PROF LE ss� ERLq p� IrrAlvslRiAAnrAlvslIAA1_IArmn1>Ivv�nI1I IIY 111 AIV1 EAIRDS/AIVI)"Ill C III(A1ICJ IVS �A1viAu AAIVI)A1rRI1CAA1. o ---- a Ill R/AWAIN Ri IV1(I IIV I'IAI'I IC. \ Reo�o°�Av vv yl \ slll P'EO M®o.ao IJIII II114SI V/AII (01\4111Y V1lIIIV C':IIY PN iAIV I)IC 10 S I/A IV I EA R I L, — I I BENC z9 RE \ N61'17'13"W 646.47' ACL YORKiOWN BLVD. -- — � G �iek.o 9+0o Io-+oo >>+oo Ii+oo 1E+0a 1a+- -s iT+oo 'F,.�, Hz m/so/n O PROFIT 1 SS HIT 1'fM O ANDS STRYFTI ANITAPI SEWER AND WATER PLAN&PROFILE 11 INoR 561'1919"E 1220.84' soR.�ERo o,w. �— --+t-------- -- --- --sal --- ---, ----- ---� 21 o �P w = o F a,�,�ol �. AE n - ------------SUE------- ----- --- -----— o o ° o o ti �c zoo I IE zs � s o z, y ase44 41 s6�s41 ���� p'^ R ©aa Ozx I SO P O SPNTPRV SEWFR BPS P WATER BATF wAAP ST]E NllECESS „ BASE CO.. T ..=zoo• =200' STORM WATERPOLLUTION PREVENTION PLAN ESTIMATE SUMMARY vv -1-IT E T, zr�z-z, ------ --- - --------- y ' omxnx --- ------- E� POLLUTION PREVENTION NOTES U61'17 13"W 646,47 —-—-—-—-—-—--- -SEFYOPUTOWN BLVD. CCR 01570D TEMPORARY CONTROLS /lmnm� 17 EASE 'T 51 ENGINEEPING I-El IER NR 1RIE-,I.I'ENONSSINI III NS LET C I'EIRIVIPENT1 TO 41-NE ET4TE, COPPUE CHPIETI, NUE-CO TV STORM POLLUTION PREVENTION PL4N ENC ESTIP14TE SUM-1 0 r� OP LINE"A"@ 0,217- PROP 12 T2"W SHEET uNE'A"0 0217.561.19 19"E 1220C3,t „ A"@ OC e -- mss---------- --- -----_--------------------- --- .. ..«.— --- --- ----- --- ezP ZE I^ .r ,o _ J�°\�� $$ / \ � nz II �I ffffff u�nu cR scc ow � �I a„ s — --- --- --- -- i u `r o v A v vs. v v i i 0o q, N ��� ---------- --- --- ---fib w� oA �E I, . a 2-F 11 RO 41FO 1 El ED AA \ 1-+00 15+00 s.OW s.oO — T.OW .oO —— R— ,E trr om ,oP iaa .,o, P 12 SS� `e PRO 2 S P O 1 021% or' O PROFILE—SS LNE A"(OFFSITE PNR N E0.SEMENTI O CORPUS CHRIST], PLACES CO, TN F SITE SANITARY SEWER PLAN W PROFILE r ll.,—011.,`g Z�01��llll .S`B— �l UI T U, HE TYPICUL SECTION PDopo'E CONCRETELINING IN IPE STHIT END OF CV PROPOSED O P 7— POZ—LOC SIGN SUPPORT ASSEMBLY r T vow Irma,s MI I-E C.T IL A 111 11 ITIOT TIPICAL STREET SECTION 16 �Tlp T-IND T-F- T -P"N'N'TLLTN FEE 1EINE—L NTEllEIT.Nl DETAIL END OF ROAD BARRICADE INSTALLATION(TYPE OM 4B OBJECT MARKERS) �N�D llp�,�ALI.T�IT 11 11ED TYPTCAI CTRFFT CFTTTnN 7C RE�,AT CFlTFI III III L—EC BAES AND INEERNG �EL,�H,.ENG IDIIIS INDRU IRII GF U.'94 OTTILDE�WPZEVDMOU PUBLIC PIROVEMENTS TO A I I]]MY [ER_ CoRPUS CHRISTI NUECES Co..TR TYPICAL STREET SECTION ROW .. ETIREET,SIDEARILK AND DRAINAIE DETAILE NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW1@gmail.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 AIRLINE ESTATES SANITARY SEWER REIMBURSEMENT ESTIMATE 12/27/17 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 204 LF 65.00 $13,260.00 2 DEWATERING FOR 12"PIPE 204 LF 32.50 6,630.00 3 FIBERGLASS MANHOLE 1 EA 7,000.00 7,000.00 4 20"STEEL CASING PIPE BORED IN PLACE 80 LF 445.00 35,600.00 5 TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING(TRAFFIC CONTROL DURING CONSTRUCTION),FOR OFFSITE SS 1 LS 750.001 750.00 6 JOVERSIZE OVERDEPTH(10"PIPE TO 12"PIPE) 1337 LF 17.001 22,729.00 SUBTOTAL $85,969.00 10%Engineerinlg,Surveying and Testing 8,596.90 TOTAL $94,565.90 LESS CITY WASTEWATER SYSTEM LOT FEE -42.051.00 TOTAL AMOUNT REIMBURSABLE $52,514.90 NOTE:MAXIMUM AMOUNT REIMBURSABLE=12"X 42,051 X 50%=$252,306.00,THUS OK. Page 1 of 1 INSURANCE REQUIREMENTS 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. 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 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 IL 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. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, 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 anyway 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 of Corpus Christi,Texas Department of Development Services City of P.O.Box as 77 edirld Corpus Christi,Texas 78469-9277 at: 24 6 Leo 0 Corpus Located at: 2406 Leopard Sheet (Comer of Leopard St.and Port Ave.) Christi 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 NAME: i -%' � P STREET: _. Soa �4 I Y: i E` I ZIP: FIRM is: 2118orporation ❑ Partnership ❑Sole Owner ❑Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) 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 tt Title i 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 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 Chris i, Texas as changes occur. Wt . �. Certifying Person: .«f { Title: ,srG _ 0 (Print) i Signature of Certifying Pefsen - t Date: K:IDEVELOPMENTSVMSHAREMLAND DEVELOPMEN�MQ , MANCE ADMINISTRATIOMAPPUCATI N FORMSTORMS AS PER LEGAL\20I21DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENTI.27.12.DOC Exhibit 6 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 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. MDEVELOPMENTSVCS\SHAREMLAND DEVELOPMENnORDINANCE ADMINISTRATIOMAPPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS 2 y �y STATEMENT1.27.12.DOC Exhibit 6 2 Page of Doc# 2016013254 OF CON FIDE.N'.1`IAlal'I Y RIGHTS- IF YOU_.RJ,` A1 AT-U,RAL PERSON, WL E Illi.F011.li YU IS FILET FOR RJ,-,(..ORD IN 'nu PUTILIC RECORDS. YOUR SOCIAL is uAlla-11 Oil YOU'R--DRIVER'S LICENSE NUMHER. WARRANTY DE,:ED WITH VENDOR'S LIEN 10101 K Gas€iator: DORSAL L I�F [sl.t�l'M �1 p.l_V a Was iizatit,.c� liability ersrt�ltaiiy (Inchidim ("outtty) P. 0. ox 8l>55 NuoQes Co i^,yA exas 78468 G'r ant4°c.. ;x:1.,(1LL(A :f TCxas limited liability ,omp3a ny Gramteeis TvIaaltlaag Address (ImAzi£ ing;(Iminty) AB U Smaii g; Bty£:£1e ard, eaNIB 423 Corp€aw t_'hr€st€. Nu cos {_'£f€.irity, (i x s 78413 Consideration, 'I tm and No...'100 Dollars and other good and valuable consideratic-ont paid to Grantor by Gf'.i7i eet the rteceipt .nd sufficiency ofw ich avc hereby ac`no i t t(C,,e I anid. ccrifessod, and further of the :..uc t.i-om afid7 elli Lfy tat :a Certain r i}n i so t a,notti.ofe t'n3 date that is in the original pri€:cipa`.l ainow.-£$,of S i 1 5,ttWOO payable to the ii.€der i?3 Charter r Barok as payoo, being sec'u ed by a ffitst and superior v endur's Beit €;tat€ed 1'icrcin in favor of said p3<3yee ,ind also sw.irod by t£rst lion deed of t gist fiorr Grantee to Sill Ricli,:lttaber� Trustee, liar the bon fat ofsaicl p:a3.e . Property (tncluding Any Improvements), €el A'�c` cs to `f Jf fapx :3iL i?x:3widaf y of a 219767 c3t['E' toot of liliad f`..i3. ak portion of lots :' ittee n(15) and Sixteen f,3 6, Section TwentyFive(25),WFLOUR 111-1-1"14' 'k\t) ENUNNA._. I-ARM AN'D GARDEN-1 Tf;�(.TSp .as recorded in Volume A, Pages 41 though 43 of the Map R-ec;mds., Nt..c ces (:`c u.nty �.#�<as, and z:wsing a poi-t2Cfi,o tfK l,.if�ti,S.��3.'cled w Karen n Arm Sniith, a a], dosci'4f3ed as L,xI ibit "B" in,Docti Halts r}1999015842Ofiici<ti Ilublic xZecords of Ntiec s L`tnwiT y✓ Toxas, said 280767 acre tract being more particularly dc.scribed by inetes and bounds inoro ft.913 described in "'A" r£ttached hereto and incorporate herein for all p erf il"..ent purposes. Rs:;scmiation from I:onveyaan t I 1rxceptions If) Ckmvcyaac(�-arid Wari'anty: Validly ;°.xisting easen-iel-its, righis-of-was, ami prescriptive fights, whethcr ofrecord or no,," all pnts,4,nfli-v rc-corded arid validlv existing reservanwis, cover.ianas, �Omditions. oil an'd ga., leases. inineral interests, an,.,' \.Z,awr interests outstandi rig 1r, persons otherthan Orantor. and other instruillents, other convoyances oftbe surface fee estate., that aff'ect the ­ St'l��i, ri LY hts of ad. . . -wilers < .- walIs :,nd ftmces s'tuated.on k,�� Ji cornmon bou.ndary, any disc.repancde,a, conflicts, orshortia:aes in area or bowidary lines: am, encroachments,or overlapping o-finiprovements, and taxes, f1br thQ carrent year wi-lich Gr antes -id a arecs to po v. a nd s ubseq uw nt Lis sess i-non ts for tit and prior ears due to cliw,�gc. in ai hind usauv, or both, the payn­,ent of-which Grantee assumes, Grantor, >clr tho Conidcmfioln a_nd stibic,,­ to Ov Res orvat'ions from. Cot.livevance and thic Exce"-Ition's to C.o.nvcyance and onants, sills, and cwnv�vs to Grantee the Property, together all arid singwaxthe rights and appil-ne-nances thi�,reto in any way beiongirig, to have 'And to hold it to Grantce and Gr.-:mtoc's he;rs. succcssors, -1---lind assians ft)rovo.-, Grantor bhids GranI or and Graritor's heirs and suc.ccs�,.ors to wai-rant and fibrever defend al I and sin gular the Props` rte' to Grantoe and C3,antee's heirs, successors, and assigns igain.st every person - - -im& - -"..P -t th -of, exccpt as to 1-110 eoraiii al lore Reservationsfrom Convevance and the Exceptions to Coiiveyarlce and Warranty, When 11hie comext. requires, singular nouns and pronouns incl-ade the plural. Wbnl the Grailtor or the Grantee is other Lhan a nawral person, the A.vords "heirs, Qxccutors axld o-r arij ' asslon.� "Ila."'I he col-Isrrued to n-ican "suixossor's, and assi-l"' 4> tnLS . Refere,,wQ to w-.v ,aendm- illaII in.`h.dQ ,.it gcndcr,�md, in c the :is­ 1) .-'i' legal ontit I fl-w tier . an , a .mtural porsori, shall include the ne-utral., lt is expr ssiv aureQd that the vendor's lien retained , perch-1 is n. faLvor and hcrebassi_Tie d to tile holder oft-b.-_ deed of trust liens £3:i flae pit perty and t the propert 7, p e,, is s d hnprowmcnts, shall bc hat the vendor's li-en. �agair,5 Y 111 C an c rctadllecl until the ptomdssoty noto described her in Is fully tea ld according to its terms, at l.Olich till-le tills Deed ,vfli bccom.,i <ibsolutc, DORSAL DI"VELOPNIENT, LLC, a Texas limited liability. coniplifiv . .......... r Tlfl.: STATE. OFTE,XAS § COUNTY § IlliS iMtrUlIMM WIS acknowiod-ged behme me on this day of 1 2016, 'by Ata 0. Azali, Member of DOIISAL DEVELOPMENTS, aTimis limhed habHUy cunipanyin said capaoitymid on be) f of said owity. ........... Notary Public, State ofleiili5 AFTER REUMIDING morujimcuo : PIUMMED mmm ILAWW"FICE OF: ,kfl, DEATLOJIME'.N'T, LLC Brent Chesney 4813 Sw,atoga jilt'.i., PM113 423 BIRYNT CHESNEY, Attorney At Law Coipus (?hdsd, Was 784 . l ft31b Ow- Profossionad Plaza 5402 HoHy Had GF#2089732-Ff C UloRy - RQ BuHlng Et SuRe 2202 Corpus (,hristi, Texas 78411 3 F i!e 1�o,, 2089732-FTC(RPL) 'Pro�x'�rty' Yorktown Blvd., Corpus ChriSfl,TX HELD NOTES to describe the boundary of a 28,9767 acre tract of land being a portion of Lots Fifteen(15) and Sixteen (16), Section Twenty-five(25), FLOUR BLUFF AND ENCINAL FARM ANDANDL GARDEN TRACTS, as recorded in Volare A, Pages 41 through 43 of the Map records, Nueces County, Texas, and being a portion of that land deeded to Karen Ann Smith, et al, described as Exhibit,,B„ in Document #'1999015842,,Official Public Records of Nueces County, Texas,said 28.9767 acre tract being more particularly described by metes and bounds as follows- BEGINNING ollows-B GINNI at a 60d rail set in the centerline,of Yorktown Boulevard (80' ROW) for the southeast comer sof said tot 15 and the southeast comer of this tract, from which a 5,/8" steel rod found in the earth right-of-way of Yorktown Boulevard,the west tine of Lot 14, Section 25 and the Basi: lime of said Lot 15 bears North 29" East, 40 feet; THENCE, Dearth 61' 00' 00" West,along the centerline sof said Yorktown Boulevard,a distance of 646.46 feet to a 60d nail sat for the southwest corner of this tract; THENCE, North 291 00' 00" East,a distance of 40,00 feet to a 5/8" steel rod set in the east right-of-way of Airiirre Road, County Road 11 (6 ' ROW) and the north right-oaf-moray of Yorktown Blvd. for are interior comer of this tract, THENCE, North 020 26' 06"Frit,along said Airline Road right-of-way, a distance of 1371,92 feet to a 5/8" steel rod set in: the east right--of-way of Rodd Held Road(120' ROW)for a bend point in the west linin~ of this tracts THENCE, North 290 €1' 00" Frit,along said Rodd Field Road right-of-ways a distance of 52.92 feet to a 5/8":steel rod set in the south Brae of Lot 1, Section 25 and the north line of said Lot 16 for the northwest comer of this tract; THENCE, South 6111 00* 00" East,a distance of 1260.00 feat to a /8" steel rod set for the southeast corner of Lot 2, Section 25, the southwest comer of tat 3,. Section 25, the northwest conger of said Lot 14 and the northeast comer of said Lot 15 for the northeast creaser of this tract THENCE,,South 2911 00'00"0" Best,along the common lime of Lots 14 and 15, at 1.25;58 feet pass a found 18" steel rod,at 1280.00 feat pass said /8" steel rod found in the north right- of-way of Yorktown Blvd., in all a distance of 1320.00 feet to the POINT OF BEGINNINGand containing 8.9767 acres of lands less 4..5048 acres in easements and rights-of-way totaling 24,4719 acres net. A,P..N. 2476-0025-0150 a 13Stf_ 24202 cor off`^ i yr yk; Y t 1 : Doc# 2016013254 Doc# 2016013254 # Pages 5 04/04/2016 12.32PM e-Filed & e-Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $27.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS `OJpt`[CC, COUNTY CLERK cou„t-1. NUECES COUNTY TEXAS Corporations Section � E 9F Carlos H. Cascos P.O.Box 13697 �, Secretary of State Austin,Texas 78711-3697 I Office of the Secretary of State CERTIFICATE OF FILING OF AEL Development, LLC File Number: 802401852 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the I above named Domestic Limited Liability Company (LLC)has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law,hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act,or the common law. Dated: 02/26/2016 Effective: 02/26/2016 t Carlos H. Cascos j Secretary of State I I' Come visit us on the internet at http.//www.sos.state.tx.us/ Phone:(512)463.5555 Fax:(512)463-5709 Dial: 7-1-1 for Relay Services Prepared by:Elizabeth"Annie"Denton TiD: 10306 Document:658355620002 F I L E D In the Office of the Secretary of State of Texas FEB 2 6 2016 CERTIFICATE OF FORMATION Corporations Section OF AEL DEVELOPMENT, LLC (A Limited Liability Company) ARTICLE ONE The name of the filing entity being formed is AEL Development, LLC (the "Company") ARTICLE TWO i The filing entity being formed is a limited liability company. j I ARTICLE THREE The purpose for which the Company is formed is any lawful purpose for which a limited liability company may be formed under the Texas Business i Organizations Code. I ARTICLE FOUR The street address of the Company's initial Registered Office, and the name of its initial Registered Agent at that office, are as follows: Hal George 5350 South Staples Street, Suite 406 Corpus Christi, Texas 78411 I t I AEL DEVELOPMENT,LLC CERTIFICATE OF FORMATION,PAGE I t I ARTICLE FIVE The Company will not have Managers. The name and address of the initial Member is: i Elham Azali 4833 Saratoga Boulevard, PMB 423 Corpus Christi, Texas 78413 ARTICLE SIX I The following reasonable restrictions upon the transfer of units of membership interest of this Company ("Units"), hereinafter stated, are hereby j imposed and shall be referred to on the face of each certificate and reproduced in full or in summary on the back thereof,to wit: No Units of this Company shall be transferred whether through the voluntary or involuntary act of a Member or his personal representative or by the operation of law, unless such Units shall first have been offered to the Members acting as the governing authority of the Company, which shall have for a period of fifteen (15) days after such offer is submitted to said Company in writing the exclusive right and option to purchase all such Units at a price equal to the price at which such Units are being sold by operation of law or the price to be paid by a bona fide purchaser under written contract; but the personal representative of a deceased Member in the case of the death of a Member shall have the alternative right to offer such Units to the Company at a price determined by three arbitrators, one of whom shall be designated by the personal representative of the deceased Member, one of whom shall be designated by the Members acting as the governing authority of the Company,and one of whom shall be designated by the first two arbitrators so selected. It shall be the duty of the governing authority to notify the Members promptly in writing of the receipt of such offer. If the Company shall not have exercised its option to purchase within such time, then each of the other Members shall have within the next fifteen (15) days the exclusive option to purchase at such price that portion of Units submitted as each Member's ownership bears to the total outstanding Units, excluding those Units being submitted, or to purchase proportionately any or all of the Units submitted if not purchased by the other Members. After the expiration of such time, the Units so submitted that have not been purchased by either the Company or the other Members may be transferred for such price to the purchaser who has contracted for same or is entitled to same by law. The failure of the Company, or of any Member, to purchase any Units so submitted shall not, as to any fiiture sale or transfer, discharge any such Units from any of the restrictions. AEL DEVELOPMENT,LLC I CERTIFICATE OF FORMATION,PAGE 2 } i I' i ARTICLE SEVEN No Member of the Company shall be liable to the Company or its Members for monetary damages for an act or omission in the Member's capacity as a governing person, except for liability (i) for a breach of the Member's duty of loyalty to the Company or its Members, (ii) for acts or omissions not in good faith that constitute a breach of duty of the Member to the Company or which involve intentional misconduct or a knowing violation of law, (iii) a transaction from which the Member received an improper benefit, whether or not the benefit resulted from an act taken within the scope of the Member's office, (iv) for acts related to a wrongful distribution or wrongful payment of a dividend, or (v) for acts or omissions for which the liability of a governing person is expressly provided by an applicable statute. Any repeal or amendment of this Article by the Members of the Company shall be prospective only, and shall not adversely affect any limitation on the personal liability of a Member of the Company existing at the time of such repeal or amendment. ARTICLE EIGHT The undersigned Organizer hereby disclaims any past or future interests in or I control of AEL Development,LLC and resigns as the Organizer effective upon the formation of the Company. I IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of February, 2016. Sharon Leal, Organizer 408 W. 17th Street, Suite 101 Austin, Texas 78701-1207 (512)474-2002 f AEL DEVELOPMENT,LLC CERTIFICATE OF FORMATION,PAGE 3 Fo,m $$-4 Application for Employer Identification Number OMB No.1545-0003 (Rev.January 2010) (For use by employers,corporations,partnerships,trusts,estates,churches, EIN government agencies,Indian tribal entities,certain individuals,and others.) 81-1626178 Department of the Treasury Internal Revenue Service ► See separate instructions for each line. ► Keep a copy for your records, 1 Legal name of entity(or individual)for whom the EIN is being requested AEL Development,LLC i 2 Trade name of business(if different from name on line 1) 3 Executor,administrator,trustee,"care of"name W N _ U 4a Mailing address(room,apt.,suite no,and street.or P.O.box) 5a Street address(if different)(Do not enter a P.O.box.) 41 4833 Saratoga Boulevard,PMB 423 C R 4b City,state,and ZIP code(if foreign,see instructions) 5b City,state,and ZIP code(if foreign,see instructions) o Corpus Christi,TX 78413 ( 6 County and state where principal business is located Nueces County,TX 7a Name of responsible party 7b SSN,ITIN,or EIN Elham Azall xxx-xx-1222 Be is this application for a limited liability company(LLC)(or 8b if 8a is"Yes,"enter the number of a foreign equivalent)? © Yes ❑ No LLC members ► 3 8c if 8a is"Yes,"was the LLC organized in the United States? © Yes ❑ No 9a Type of entity(check only one box),Caution,If 8a is"Yes,"see the instructions for the correct box to check. L1 Sole proprietor(SSN) Estate(SSN of decedent) ® Partnership ❑ Plan administrator(fiN) ❑ Corporation(enter form number to be filed) ► ❑ Trust(TIN of grantor) ❑ Personal service corporation ❑ National Guard ❑ State/local government U Church or church-controlled organization U Farmers'cooperative U Federal government/military ❑ Other nonprofit organization(specify) ► ❑ REMIC ❑ Indian tribal governments/enterprises _ ❑ Other(specify) ► Multl-member LLC_ _ Group Exemption Number(GEN)if any► — - — 9b If a corporation, name the state or foreign country State Foreign country (if applicable)where incorporated �— TX �- 10 Reason for applying(check only one box) n Banking purpose(specify purpose) 0- started Started new business(specify type) ► ❑ Changed type of organization(specify new type) ► ❑ Purchased going business ❑ Hired employees(Check the box and see line 13.) ❑ Created a trust(specify type) ► ❑ Compliance with IRS withholding regulations ❑ Created a pension plan(specify type) ► ❑ Other(specify) ► 11 Date business started or acquired(month,day,year). See instructions. 12 Closing month of accounting year December 02/26/2016 14 If you expect your employment tax liability to be$1,000 13 Highest number of employees expected in the next 12 months(enter-0-if none). or less in a full calendar year and want to file Form 944 If no employees expected,skip line 14, annually instead of Forms 941 quarterly,check here. (Your employment tax liability generally will be$1,000 or less if you expect to pay$4,000 or less in total Agricultural Household Other wages.)If you do not check this box,you must file 0 I 0 0 Form 941 for every quarter. ❑ 15 First date wages or annuities were paid(month,day, year).Note.If applicant is a withholding agent, enter date income will first be paid to nonresident alien(month,day,year) . . . . . . . . . . . . . . . . ► N/A 16 Check one box that best describes the principal activity of your business. U Health care&social assistance U Wholesale-agenUbroker ❑ Construction ❑ Rental&leasing ❑ Transportation&warehousing ❑ Accommodation&food service ❑ Wholesale-other ❑ Retail © Real estate ❑ Manufacturing ❑ Finance&insurance ❑ Other(specify) 17 Indicate principal line of merchandise sold,specific construction work done, products produced,or services provided, Construction and sale of real property 18 Has the applicant entity shown on line 1 ever applied for and received an EIN? (_f Yes Vj No If"Yes,"write previous EIN here 0- i Complete this section only if you want to authonze the named individual to receive the entity's EIN and answer questions about the completion of this form. Third Designee's name Designee's telephone number(include area code) Party Designee Address and ZIP code Designee's fax number(include area code) Under ponalties of perjury.I declare that i have examined this application.and to the best of my knoMedge and belief,it is true,correct.and complete. Applicant's telephone number(include area code) Name and title(type or print clearly) ► Elham Azall,President ( 361}765-7241 Applicant's lax number(include area code) Signature ► Date ► ( ) For Privacy Act and Paperwork Reduction Act Notice,see separate instructions. Cat.No.16055N Form SS-4 (Rev.1.2010) MINUTES OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 A special called meeting of AEL Development, LLC was held in Corpus Christi, Texas on March 31, 2016 at 5:00 p.m. The following were present: Elham Azali, Alyeh Azali Hatami Fardy and Leylah Azali. Elham Azali acted as chair of the meeting and Alyeh Azali Hatami Fardy acted as secretary. All members presented duly executed Waivers of Notice of the special called meeting which are attached to these minutes. Elham Azali announced the members of the Company are Elham Azali, Alyeh Azali Hatami Fardy and Leylah Azali and are each entitled to one-third ownership of the Company. Upon motion duly made, seconded and carried, the following Resolution was adopted: AEL Development, LLC A RESOLUTION AUTHORIZING THE MEMBERSHIP AND ISSUANCE OF UNITS OF OWNERSHIP BE IT RESOLVED BY THE MEMBERS OF AEL DEVELOPMENT, LLC: That Elham Azali, Alyeh Hatami Fardy and Leylah Azali are the members of the company. That the following units of ownership are authorized and directed to be issued: Elham Azali 1,000 Alyeh Azali Hatami Fardy 1,000 1 Leylah Azali 1,000. The effective date of this Resolution shall be the effective date of the Company: 02/26/2016. Dated this the 31St day of March, 2016. y Elham Azali, Ch/air Alyeh Azali Hatami Fardy, Secretary There being no further business before the meeting, on motion duly made, seconded and carried, the meeting was adjourned. Dated this the 31St day of March, 2016. Elham Azali, hair f Alyeh Azali Hatami Fardy, Secretary 2 WAIVER OF NOTICE OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 We, the undersigned, being all the members of the above named company hereby agree and consent that the special called meeting thereof be held on the date and the time and the place stated below and hereby waive all notice of such meeting and of any adjournment thereof. Place of meeting: Corpus Christi, Texas Date of meeting: March 31, 2016 Time of meeting: 5:00 p.m. Dated this the 31St day of March, 2016. Elham Azali Alyeh Azali Hatami Fardy Leylah Azali MINUTES OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 A special called meeting of AEL Development, LLC was held in Corpus Christi, Texas on March 28, 2016 at 5:00 p.m. The following were present: Elham Azali, Alyeh Azali Hatami Fardy and Leylah Azali. Elham Azali acted as chair of the meeting and Alyeh Azali Hatami Fardy acted as secretary. All members presented duly executed Waivers of Notice of the special called meeting which are attached to these minutes. Elham Azali announced that the Organization Meeting Alyeh Azali Hatami Fardy was incorrectly listed as Azita Azali. Upon motion duly made, seconded and carried, the following Resolution was adopted: AEL Development, LLC A RESOLUTION CORRECTING ALL MENTION OF ALYEH AZALI HATAMI FARDY IN ANY AND ALL COMPANY DOCUMENTS AND CONFIRMING ALYEH AZALI HATAMI FARDY AS MEMBER AND SECRETARY BE IT RESOLVED BY THE MEMBERS OF AEL DEVELOPMENT, LLC: That Alyeh Azali Hatami Fardy was incorrectly identified in the Company Documents, including the Organizational Meeting as Azita Azali. 1 That all mention or notation of Azita Azali, in any and all Company Documents, including but not limited to the Organizational Meeting; is and hereby shall be changed to Alyeh Azali Hatami Fardy. That Alyeh Azali Hatami Fardy is hereby declared a Member in full standing in the Company, is the individual designated as Secretary of the Company and is entitled to 1,000 units of the Company. The name Azita Azali is hereby struck from any and all Company Document, including, but not limited to, the Organizational Meeting and Certificates of Units. The effective date of this Resolution shall be the effective date of the Company: 02/26/2016. Dated this the 28th day of March, 2016. Elham Azali, Chair Alyeh Azali Hatami Fardy, Secretary There being no further business before the meeting, on motion duly made, seconded and carried, the meeting was adjourned. Dated this the 28th day of March, 2016. Elham Azali, Chair Alyeh Azali Hatami Fardy, Secretary 2 I WAIVER OF NOTICE OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 We, the undersigned, being all the members of the above named company hereby agree and consent that the special called meeting thereof be held on the date and the time and the place stated below and hereby waive all notice of such meeting and of any adjournment thereof. Place of meeting: Corpus Christi, Texas Date of meeting: March 28, 2016 Time of meeting: 5:00 p.m. Dated this the 28th day of March, 2016. P Elham Azali Alyeh Azali Hatami Fardy Leylah Azali CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`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. 2017-278340 AEL Development, LLC Corpus Christi ,TX United States ®ate Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/31/2017 being filed. AEL Development, LLC 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. 811626178 33 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Azali, Elham Corpus,TX United States X 5 Check only if there is NO Interested Party. EJ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. YVONNE _ /Cr 12465834-3 ll� Signature of authorized agent of contracting business entity OFXAS 1z] 8-22-2019AF Sworn to and subscribed before me,by the said I )t h this the day of 20 1 1 ,to certify which,witness my hand and seal of offic . ,4v�—o- k.L;�;o VVOW& tLu"Z, 45�cm ig ature o f icer administerii o h 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 Wastewater Collection Line Extension Construction and Reimbursement Agreement For Airline Estates City Council Presentation January 16, 2018 Aerial Overview till a� Mrommm P�r��(ll�'+,' �.�% iPa��Tnam��l��'�° /gym� �✓'" '"��,;,�' 1 e �` ��, I Public Improvements for Wastewater collection line N .. ll I a� X`, Iv(n & i � ui u4E A'as 49 o 3ri'1�"�19'E 12�f1.5A�. s MW i III � I f m uuuuuuuuuuuuuuuuuuuuuuuuuuuN��tll 7 ar ll e t,l I VVV A ra d Iii w PiPK u. PR,Op � Ulf c rr fl w�9 [INE'C W LSC#t& (r� R4P 12 Iu{;95 cane re rs 1' I I�� a avx ;,a n � i A ar ra cf •ra ar �r +r �� ,1 111— L co— -- ---- w nu 4 -------------------- t � Staff Recommendations Staff recommends: • Approve the proposed reimbursement agreement. �d se o� � v AGENDA MEMORANDUM NORPORpEO First Reading Ordinance for the City Council Meeting of January 30, 2018 1852 Second Reading Ordinance for the City Council Meeting of February 13, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance Ilmd(cDcctexas.com (361) 826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM&cctexas.com (361) 826-1972 Dan Grimsbo, Executive Director of Utilities anGQcctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2&cctexas.com (361) 826-3169 Purchase of Two Roll-off Trucks for Solid Waste Operations CAPTION: Ordinance appropriating $176,339.34 from the Unreserved Fund Balance in the Fund 5110 Fleet Maintenance Service Fund; transferring said funds to and appropriating in Fund 4200 Wastewater Fund; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase revenues and expenditures; and approving the purchase of two Peterbilt roll off trucks from Rush Truck Centers of Texas, L.P., of New Braunfels, Texas, through the Houston Galveston Area Council of Governments purchasing cooperative, for an amount not to exceed $396,960.00. PURPOSE: This item is to approve the purchase of two Peterbilt roll-off trucks to be used by the staff of Solid Waste Operations for sludge hauling operations. BACKGROUND AND FINDINGS: Requesting replacement of two roll off trucks used to haul sludge from City Wastewater Plants to the Cefe Valenzuela Landfill for disposal. The trucks will be Peterbilt 367 "Autoshift Plus" units with Stellar 75 1740R roll off bodies. One of the trucks to be replaced was involved in a head on collision. This truck was declared a total loss. The other roll off truck was involved in a fire which destroyed the cab and chassis. This truck also was declared a total loss. It is essential these two trucks be replaced so sludge transportation and disposal can occur at an uninterrupted rate. Funding for the two roll off trucks is: TML reimbursement $176,339.34 Wastewater contribution 220,620.66 $396,960.00 ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Wastewater Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $443,188.44 $0.00 $443,188.44 Encumbered / Expended Amount $46,228.44 $0.00 $46,228.44 This item $396,960.00 $0.00 $396,960.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Wastewater Comments: Transferring to and appropriating $176,339.34 (TML reimbursement) from the Fleet Fund Balance account No. 5110 to capital outlay expenditure account in Wastewater Fund No. 4200; and, $220,620.66 will be funded by Wastewater, for a total purchase amount not to exceed of$396,960.00. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance appropriating $176,339.34 from the Unreserved Fund Balance in the Fund 5110 Fleet Maintenance Service Fund; transferring said funds to and appropriating in Fund 4200 Wastewater Fund; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase revenues and expenditures; and approving the purchase of two Peterbilt roll off trucks from Rush Truck Centers of Texas, L.P., of New Braunfels, Texas, through the Houston Galveston Area Council of Governments purchasing cooperative, for an amount not to exceed $396,960.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $176,339.34 are appropriated from the Fleet Fund Balance account No. 5110, transferred to, and appropriated in the capital outlay expenditure account in Wastewater Fund No. 4200 for the purchase of two Peterbilt roll off trucks. These funds are added to the $220,620.66 available in Wastewater Fund No. 4200 for the same purpose. SECTION 2. That the FY2017-18 operating budget adopted by Ordinance No. 031255 is amended by increasing revenues by $176,339.34 and expenditures by $352,678.68. SECTION 3. That the City Manager, or designee, is authorized to execute all documents necessary to purchase two Peterbilt roll off trucks for $396,960.00 from Rush Truck Centers of Texas, L.P., of New Braunfels, Texas, based on the cooperative purchasing agreements with Houston Galveston Area Council of Governments, for a total amount not to exceed $396,960.00, for use by the Solid Waste Operations. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED this day of , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION RUSH TRUCK CENTERS OF TEXAS, L.P. BUYER: JOHN ELIZONDO CONTRACT NO. HGACBuy HT06-16 RUSH TRUCK CENTERS OF TEXAS, L.P. NEW BRAUNFELS, TEXAS UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE 1. PETERBILT ROLL OFF TRUCKS 2 1 EA $198,480.00 $396,960.00 Total Price $396,960.00 SC AGENDA MEMORANDUM CORPOR PP`EFirst Reading Ordinance for the City Council Meeting of January 30, 2018 N x852 Second Reading Ordinance for the City Council Meeting of February 13, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayElIL@cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2&cctexas.com (361) 826-3169 Appropriating $64,709.27 from the General Fund Unreserved Balance for the Purchase and Installation of Playground Equipment for Almanza, Breckenridge and Middlecoff Parks CAPTION: Ordinance appropriating $64,709.27 from the No.1020 General Fund unreserved fund balance for the purchase and installation of playground equipment at Almanza, Breckenridge and Middlecoff Parks; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase expenditures by $64,709.27; and approving the purchase of the said equipment and installation from The PlayWell Group, Inc. and PlayWorks, Inc., of Dallas, Texas, for an amount not to exceed $251,933.60, via Buyboard. PURPOSE: This item is to provide new playground equipment at Almanza, Breckenridge and Middlecoff Parks. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department will be replacing playground equipment for a project total of$75,601.42 at Almanza Park located at 3405 Surrey Ct., Corpus Christi, Texas 78415, $100,730.76 at Breckenridge Park located at 7101 Grand Junction Dr., Corpus Christi, Texas 78413 and $75,601.42 at Middlecoff Park located at 5122 Merganser Dr., Corpus Christi, Texas 78415. The playground equipment being replaced is in neighborhood parks recommended for replacement of equipment per the 2012 Corpus Christi Strategic Parks and Recreation Master Plan. The existing equipment has reached the end of its useful life. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $251,933.60 $0.00 $251,933.60 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $251,933.60 $0.00 $251,933.60 BALANCE $0.00 $0.00 $0.00 Fund(s): 4720 - General and Community Enrichment Comments: The contract totals for the parks are $251,933.60; $187,224.33 of the funding is currently budgeted in FY2017-18. The appropriation request amount of $64,702.27 had been budgeted by the Parks and Recreation Department in FY2016-2017 however, the projects were not presented and approved in FY2016-2017. The budgeted funds feel into the fund balance at the end of FY2016-2017. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Service Agreements — Playground and Install at Almanza Park Service Agreements — Playground and Install at Breckenridge Park Service Agreements — Playground and Install at Middlecoff Park Photo - Playground Unit —Almanza, Breckenride, and Middlecoff Parks Photo - Exercise Equipment — Breckenridge Park Price Sheet 113S a SERVICE AGREEMENT NO. 1508 Installation of Playground Equipment at Middlecoff Park f'anwo�alev 1852 THIS installation of playground equipment at Middlecoff Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and PlayWorks Inc. dba PlayWorks ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide installation of playground equipment at Middlecoff Park in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide installation of playground equipment at Middlecoff Park ("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 eight 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 zero additional zero-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 $25,391 .42, 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. 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: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) 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. (B) 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWorks Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 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 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, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 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; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date: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. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor shall receive, unload, and install various playground equipment referenced on Attachment B: Bid/Pricing Schedule at Middlecoff Park located at 5122 Merganser Dr., Corpus Christi, Texas, 78415. A. Concrete Pad with Wire Mesh Contractor shall install one 37'x38'x4' concrete pad with wire mesh and 7" curb, to include grading of the site and fill dirt from top of the curb to ground. B. Playground Equipment 1 . Contractor shall receive and unload playground equipment and required material at the jobsite and dispose of any debris as needed. 2. Contractor shall install all equipment per manufactures insturctions. Page 1 of 1 Attachment B: Bid/Pricing Schedule PlayWorwww. aywell rou .co 800-726-1816 QUOTE# 12/13/2017 PlayWorks,Inc. 505-296-8900(fax) 3779 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 i City of Corpus Christi City of Corpus Christi-Middlecoff Park Accounts Payable Josh Wentworth PO Box 9277 5103 Merganser Drive Corpus Christi,TX 78469 Corpus Christi,TX 78413 Phone: (361)826-3475 Phone: (361)826-3475 NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE TOTAL BUYBOARD BUYBOARD CONTRACT#423-13 EXPIRES 9/30/2018 0.00 0.00 INSTALLED BY G.A.S.ENTERPRISES INSTALL G.A.S. INSTALL(1)PLAYSYSTEM.THIS PRICE INCLUDES THE UNLOADING 1 6,970.00 6,970.00 AND RECEIVING OF THIS MATERIAL AT THE JOBSITE AND THE DISPOSAL OF ANY DEBRIS AS NEEDED CON-PAD INSTALL(1)37'X38'X4"CONCRETE PAD WITH WIRE MESH AND 7" 1 18,421.42 18,421.42 CURB,TO INCLUDE GRADING OF THE SITE AND FILL DIRT FROM TOP OF THE CURB TO GROUND. THIS PRICE IS BASED ON CURRENT CONCRETE AND STEEL PRICES AND MAY INCREASE AFTER SIXTY DAYS.THIS PROPOSAL DOES NOT INCLUDE ANYTHING NOT LISTED ABOVE,ANY UNFORESEEN PROBLEMS THAT MAY ARISE WITH THE SITE(IE ACCESS OR SITE CONDITIONS)AND DIGG TESTS OR ANY PERMITS REQUIRED BY THE CITY OR STATE. QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written TOTAL $25,391.42 approvals and/or deposit. PLEASE REMIT PAYMENT TO: PLAYWORKS, INC. 9430 SAN MATEO BLVD., NE, UNIT G ALBUQUERQUE, NM 87113 Date Signature Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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: $1,000,000 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 II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service, item 8. Warranty. of the Serivice Agreement is null. Page 1 of 1 �vs cs SERVICE AGREEMENT NO. 1504 Playground Equipment and Installation of Poured-In-Place Fall Zone 00APOR 11 1852 for Breckenridge Park THIS sell of equipment and installation of poured-in-place fall zone Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and The PlayWell Groups, Inc. dba PlayWell ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide equipment and installation of poured-in- place fall zone in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide equipment and installation of poured-in-place fall zone ("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 eight 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 zero additional zero-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 $70,623.21 , 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) 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. (B) 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWell Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 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 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 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: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date: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. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor will sell various playground equipment and install Poured-in-Place fall zone surfacing for the playground equipment area referenced on Attachment B: Bid/Pricing Schedule at Breckenridge Park located at 7101 Grand Junction Dr., Coprus Christi, Texas, 78413. Equipment Delivery: 1 • Contractor shall coordinate recieving and unloading of the equpment at the jobsite with the installar and Contract Administrator. Installer shall dispose of debris debris as needed. The trucking company personnel will not unload. 2. On Site Storage of equipment is the responsibility of the City from the time the shipment is received until completion of the project, unless otherwise arranged. 3. Security of equipment is the responsibility of the City unless otherwise arranged. 4. Contractor is not responsible for vandalism, theft, or subsequent repairs and replacement of equipment. This refers only to the protection of the delivered equipment and does not apply to the warranty or replacement of any missing or damaged parts. Installation of Poured-In-Place: 1 . The installation price of the poured-in-place surfacing is based on normal soil conditions. Unusual soil conditions that require the use of a jack hammer, or other such equipment, will incur additional charges. 2. The installation price does not include removal of sand, or anything else, which may hinder installation of equipment unless otherwise arranged. 3. Seamless Poured In Place to cover 1 ,410 sq. ft. slab, 150 LF beveled edges. Colors: 50% Green and 50% Black 4. The City is responsible for blue-staking the job site and staking out any underground utilities prior to installation. The City is responsible should damage occur. 5. The job site must be ready and area leveled, when the Contractor arrives to begin the job. Any downtime shall incur additional fees. 6. Vehicle access must be provided to the jobsite. Heavy equipment access to the jobsite may be required. 7. The Contractor will take all precautions to see that landscaping is not damaged during the installation, but will not be responsible should such damage occur. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Pricing Schedule N/iii/ii/ii Jii/iiiifM/ii/r / o% 800-726-1816 QUOTE# 12/13/2017 PlayW yWell Group,Inc. 505-296-8900 (fax) 9870 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 City of Corpus Christi City of Corpus Christi-Breckenridge Park Accounts Payable Josh Wentworth-Park Operations PO Box 9277 5352 Ayers Street, Building 4 Corpus Christi,TX 78469 Corpus Christi, TX 78415 Phone: (361)826-3475 Phone: (956)239-3586 Mom NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE DISC. PRICE TOTAL BUYBOARD#512-16 BUYBOARD CONTRACT#512-16 EXPIRES 0.00 0.00 9/30/2018 OPTION THREE PLAYWORLD ZZXX0074 ACTIVO-ARIA 1 24499.00 23,274.05 23,274.05 PST:BLUE CMP1:YELLOW RP1:YELLOW ROPE:BLACK ENERGI-PR-500 COMPLETE ENERGI&STATION SYSTEM 1 18775.00 17,836.25 17,836.25 INGROUND MOUNT PST:BLUE CMP1:YELLOW SP1:YELLOW SHIP SHIPPING AND HANDLING 1 3939.83 3,939.83 3,939.83 RUBBERCYCLE PIP RUBBERECYC... POURED IN PLACE SURFACING-GENESIS 1 25360.29 24,092.28 24,092.28 SEAMLESS PIP TO COVER 1410SF DELIVERY PRICING-50% GREEN&50% BLACK. INCLUDES MATERIAL,FREIGHT AND INSTALLATION. PRICE INCLUDES 16OLF BEVELED EDGES. NOT PROVIDED:SUB BASE PREPARATION TO BE PROVIDED BY OTHERS. BOND PERFORMANCE&PAYMENT BOND 1 1480.80 1,480.80 1,480.80 QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written approvals and/or deposit. Please email or fax all pages. SUBTOTAL PLEASE REMIT YOUR DEPOSIT TO: $70,623.21 THE PLAYWELL GROUP, INC. 9430 SAN MATEO BLVD., NE, UNIT G SALES TAX (0.0%) $0.00 ALBUQUERQUE, NM 87113 Date Signature TOTAL $70,623.21 Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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: $1,000,000 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 II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • 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. Page 2 of 5 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4t" Floor under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: 1504 Playground Equipment and Poured-In-Place Fall Zone for Telephone (main number): Breckenridge Park Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $70,623.21 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116-1 1504 Playground Equipment and Poured-In-Place Fall Zone for Breckenridge Park Rev.01-13-2016 Page 4 of 5 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 1504 Playground Equipment and Poured-In-Place Fall Zone for Breckenridge Park Rev.01-13-2016 Page 5 of 5 Attachment D: Warranty A. Poured-in-Place Poured-in-Place surfacing shall have a minimum of five year limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of Poured-in- place surfacing only. The limited warranty includes the contractor's obligation to repair and/or replace any defective materials orworkmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Playground Equipment 1 . LIFETIME on steel and aluminum posts stainless steel hardware, clamps, deck hangers, posts caps, and cast aluminum parts, except as otherwise specified below. 2. 25 years on Spring Mates aluminum castings 3. 15 years on all perforated steel decks and stairs, steel rails, stationary weldments, rotationally-molded and sheet slides, aluminum slide, and PlayWeb tubular steel parts, except as otherwise specified by product family type. 4. 10 years on fiberglass signage, shade fabric and components accessible swing seats, steel-core cable. 5. 5 years on flex treads, steel coil and C springs, specialty wood and ploycarbonate panels, and site amenities including all benches tables, litter receptacles and bike racks. All motion/moving play components and parts. Contractor shall provide warranty documents for the equipment and poured-in- place product which are incorportated by reference only. (Playworld 2017 and Genesis Warranty) Page 1 of 1 Ordinance appropriating $64,709.27 from the No.1020 General Fund unreserved fund balance for the purchase and installation of playground equipment at Almanza, Breckenridge and Middlecoff Parks; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase expenditures by $64,709.27; and approving the purchase of the said equipment and installation from The PlayWell Group, Inc. and PlayWorks, Inc., of Dallas, Texas, for an amount not to exceed $251,933.60, via Buyboard. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $64,709.27 are appropriated from the unreserved fund balance in the No.1020 General Fund for the purchase and installation of playground equipment at Almanza, Breckenridge and Middlecoff Parks. These funds with be combined with $187,224.33 is being provided from the Community Enrichment Fund for the same purpose. SECTION 2. The FY2017-18 Operating Budget adopted by Ordinance No. 031255 is amended to increase expenditures by $64,709.27. SECTION 3. The City Manager, or designee, is authorized to execute all documents necessary with The PlayWell Groups, Inc. and PlayWorks, Inc, of Dallas, Texas, to approve the purchase and installation of playground equipment at Almanza, Breckenridge, and Middlecoff Parks for up to $251,933.60, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba Buyboard. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED this day of 2018 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION PLAYGROUND EQUIPMENT BUYER:ROBERTA ORTIZ AND INSTALLATION TLGPC CONTRACT 512-16 Equipment and Rubber Surface Installation of Equipment THE PLAYWELL GROUP, INC. PLAYWORKS,INC DALLAS,TEXAS DALLAS,TEXAS UNIT EXTENDED UNIT EXTENDED ITEMI DESCRIPTION QTY.1 UNIT PRICE PRICE IPRICE PRICE ALMANZA PARK Alamanza Park Equipment Shipping 1. Fee 1 EA $1,726.47 $1,726.47 0 0 2. Alamanza Park Bond Fee 1 EA $1,117.20 $1,117.20 0 0 3. JAImanza Park Equipment Install 1 EA $0.00 $0.00 $6,970.00 $6,970.00 4. Almanza Park Concrete Pad Install 1 EA $0.00 $0.00 $18,421.42 $18,421.42 5. Playworld Activo-Area 1 EA $23,274.05 $23,274.05 0 0 Rubbercycle Poured In Place 6. Surfacing 1 EA $24,092.28 $24,092.28 0 0 Subtotal Almanza Park I 1 $50,210.00 $25,391.42 BRECKENRIDGE PARK Breckenridge Park Equipment 1. Shipping Fee 1 EA $3,939.83 $3,939.83 0 0 Breckenridge Park Bond Fee 1 EA $1,480.80 $1,480.80 01 0 2. Breckenridge Park Equipment Install 1 EA $0.00 $0.00 $11,686.13 $11,686.13 Breckenridge Park Concrete Pad 3. Install 1 EA $0.00 $0.00 $18,421.42 $18,421.42 4. Playworld Activo-Area 1 EA $23,274.05 $23,274.05 0 0 Rubbercycle Poured In Place 5. Surfacing 1 EA $24,092.28 $24,092.28 0 0 6. lComplete Energi 5-Station System 1 EA 1 $17,836.251 $17,836.251 1 01 0 Subtotal Breckenridge Park $70,623.21 1 1 $30,107.55 MIDDLECOFF PARK Middlecoff Park Equipment Shipping 1. Fee 1 EA $1,726.47 $1,726.47 0 0 1. Middlecoff Park Bond Fee 1 EA $1,117.20 $1,117.20 0 0 2. IMiddlecoff Park Equipment Install 1 EA $0.00 $0.00 $6,970.00 $6,970.00 3. Middlecoff Park Concrete Pad Install 1 EA $0.00 $0.00 $18,421.42 $18,421.42 4. Playworld Activo-Area 1 EA $23,274.05 $23,274.05 0 0 Rubbercycle Poured In Place 5. Surfacing 1 EA $24,092.28 $24,092.28 0 0 Subtotal Middlecoff Park I 1 $50,210.00 $25,391.42 Total Price 1 $171,043.211 ITotal Price 1 $80,890.39 Grand Total 1 $251,933.60 Breckenridge Park IIIIIIIIIIIIIIIIIIIIIIIIIIIIII� IIIIIIIIIIIIIIIIIIIIIIIIIIIIII� ��u ���������� i i h IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� h o. w fNfkf I - tlf rr � a �oouolNlliINOMNYNO//0/NA21WWlW1llIIIlYdNp���f//L,,,... Illlllu�ll Illlllli�l' rr IIIIIIIIIIIII uuuuuuuuuuuu.. � �� 1 ,i 1I1113(.li1. u(IIII �� S, u( lIII..ASW ON / ISI I t, r I �V 4 M r ' « '%// / �� �tl Ill`'// /�/�il� ���/u ✓l��� //f� t!y', f 1,j11�° rl f u �jlll� „����;,„ ,,, ,, r I //...: �,,, t I t .r �t✓r ��i���l✓"° �'� rt a, ✓ � � '�, / 9�J��.t"... � ������ �✓.r ��! �Tw � � ��n �o t;. r re G r a�u ✓ tly�v � u �.nw�x��lyd "�;ljVs �'�.; �I r�ry, +l m'.: J t� 7 ���(r� vd+�,� ✓ � t I 'If t k q AN r F "� � W ✓ ��� Ir' I t 16 r 1✓ �w�q' '' ��? -,.;✓ ter ,�.�:^ rrye✓y ,� �o�i �Id. .,.,,. ���,:;;"("�"CW,�� ,it mwW £y.,.✓' r;,,, � ,. � ad:�;Ih ' N✓' � ��^l � w °wvm ' ". I I � ;�'"' of r'. , ro ytr � �N'�Y'rW y✓l✓�°,,�. Ym 0(:.;" ti ��„�+,'� n„ wv G��ur r' ,a' � r .; �. ,+'°'„{i ,°� .,N,'�,.°,.� r N„rawry ;. g,., .;-e%✓it ,w ,�".,✓r °�," n.;� tt,or �✓ ri Y�,w, r �' e ✓T r� r„��t � ;���',; �r bpi �y�` rM�l ✓� P� �” ;�'a yr,^,F �,Y.„ ✓�v� ,a awry^✓'G�.�'�u�., '�r, � '�” wl�/J,,�,""'� w”°',,; ��r -.a ;,I;r",^,�Sm t �, ,t �-,'r �;r��rt�G�� ',,,., � t ""�'` �%(�✓ ..;'„� ,,... .✓, r �" '� � I� d”r a"/ ,�.'.,,rw '..� " "�„�ru+M;.;� '�^,r IAV r u„,, .P /q � � �,� � ,a� rv'� �� �,,� IC',� ;. ,,o �»-n�"r� `w. ,� ,,.' ennurro'.,�'✓� a ^r r✓ ,u�,, „^.a r,r 'u�r' ,eta. ��a��”,°, . � ✓� ,lr"�yre�/C ;,t �' � irk? a�l:�w � � �,y d�JOJr ? � "''�,�i� � �✓�� ����m ��,��ry ���k �mi!r+°� ,;✓rr`; �' / v o`` ,::"� N vx or �'�� v,,°tr-" tr -,� "� �.��'� � ��`+✓F,�� ��,.,�y„ �y�✓yj�h, ! �:,"rt„„ y��„�u�,�., qY II ,,r wy,;�. .l� t� �f� �4�� �r � I✓ ��.„,,,, ,., �d �; ra ,;::n � �,.' � P a` ;, m rsr ri�N" '��� '� �" .� �r� �✓ ,,... � �"�! '� t r �; w .�1~;aa�dlU�ar .wa ���rr ,.�. �,., 'u�i',�o✓'''r�4o ro f r_M. ���, "�Y �/ Wr .�t.�'„ '�, w � �,�h ,�"ar�7fih8,� ,r,:�!u' �� �Yr�,ad�Fw.�o, ... '�ri���, �r,�lPir?...., 113S a SERVICE AGREEMENT NO. 1506 Installation of Playground Equipment at Breckenridge Park f'anwo�alev 1852 THIS installation of playground equipment at Breckenridge Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and PlayWorks Inc. dba PlayWorks ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide installation of playground equipment at Breckenridge Park in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide installation of playground equipment at Breckenridge Park ("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 eight 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 zero additional zero-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 $30,107.55, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) 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. (B) 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWorks Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 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 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 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: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date: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. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor shall receive, unload, and install various playground equipment referenced on Attachment B: Bid/Pricing Schedule at Breckenridge Park located at 7101 Grand Junction Dr., Corpus Christi, Texas, 78413. A. Concrete Pad with Wire Mesh Contractor shall install one 37'x38'x4' concrete pad with wire mesh and 7" curb, to include grading of the site and fill dirt from top of the curb to ground. B. Playground Equipment 1 . Contractor shall receive and unload playground equipment and required material at the jobsite and dispose of any debris as needed. 2. Contractor shall install all equipment per manufactures insturctions. Page 1 of 1 Attachment A: Scope of Work 51 mwm PlayWorwww. aywell rou .co 800-726.1816 QUOTE# 12/13/2017 Play Works,Inc. 505-296-8900(fax) 3777 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 i City of Corpus Christi City of Corpus Christi-Breckenridge Park Accounts Payable Josh Wentworth PO Box 9277 7101 Grand Junction Drive Corpus Christi,TX 78469 Corpus Christi,TX 78413 Phone: (361)826-3475 Phone: (361)826-3475 NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE TOTAL BUYBOARD BUYBOARD CONTRACT#423-13 EXPIRES 9/30/2018 0.00 0.00 INSTALLED BY G.A.S.ENTERPRISES INSTALL G.A.S. INSTALL(1)PLAYSYSTEM AND ENERGI&STATION SYSTEM.THIS 1 11,686.13 11,686.13 PRICE INCLUDES THE UNLOADING AND RECEIVING OF THIS MATERIAL AT THE JOBSITE AND THE DISPOSAL OF ANY DEBRIS AS NEEDED CON-PAD INSTALL(1)37'X38'X4"CONCRETE PAD WITH WIRE MESH AND 7" 1 18,421.42 18,421.42 CURB,TO INCLUDE GRADING OF THE SITE AND FILL DIRT FROM TOP OF THE CURB TO GROUND. THIS PRICE IS BASED ON CURRENT CONCRETE AND STEEL PRICES AND MAY INCREASE AFTER SIXTY DAYS.THIS PROPOSAL DOES NOT INCLUDE ANYTHING NOT LISTED ABOVE,ANY UNFORESEEN PROBLEMS THAT MAY ARISE WITH THE SITE(IE ACCESS OR SITE CONDITIONS)AND DIGG TESTS OR ANY PERMITS REQUIRED BY THE CITY OR STATE. QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written TOTAL $30,107.55 approvals and/or deposit. PLEASE REMIT PAYMENT TO: PLAYWORKS, INC. 9430 SAN MATEO BLVD., NE, UNIT G ALBUQUERQUE, NM 87113 Date Signature Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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: $1,000,000 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 II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service, item 8. Warranty. of the Serivice Agreement is null. Page 1 of 1 113S a SERVICE AGREEMENT NO. 1497 Playground Equipment and Installation of Poured-In-Place Fall Zone f'anwo�alev 1852 for Almanza Park THIS sell of equipment and installation of poured-in-place fall zone Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and The PlayWell Groups, Inc. dba PlayWell ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide equipment and installation of poured-in- place fall zone in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide equipment and installation of poured-in-place fall zone ("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 eight 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 zero additional zero-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 $50,210.00, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) 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. (B) 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWell Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 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 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 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: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date: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. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor will sell various playground equipment and install Poured-in-Place fall zone surfacing for the playground equipment area referenced on Attachment B: Bid/Pricing Schedule at Almanza Park located at 3405 Surrey Ct., Corpus Christi, Texas, 78415. Equipment Delivery: 1 • Contractor shall coordinate recieving and unloading of the equpment at the jobsite with the installar and Contract Administrator. Installer shall dispose of debris debris as needed. The trucking company personnel will not unload. 2. On Site Storage of equipment is the responsibility of the City from the time the shipment is received until completion of the project, unless otherwise arranged. 3. Security of equipment is the responsibility of the City unless otherwise arranged. 4. Contractor is not responsible for vandalism, theft, or subsequent repairs and replacement of equipment. This refers only to the protection of the delivered equipment and does not apply to the warranty or replacement of any missing or damaged parts. Installation of Poured-In-Place: 1 . The installation price of the poured-in-place surfacing is based on normal soil conditions. Unusual soil conditions that require the use of a jack hammer, or other such equipment, will incur additional charges. 2. The installation price does not include removal of sand, or anything else, which may hinder installation of equipment unless otherwise arranged. 3. Seamless Poured In Place to cover 1 ,410 sq. ft. slab, 150 LF beveled edges. Colors: 50% Green and 50% Black 4. The City is responsible for blue-staking the job site and staking out any underground utilities prior to installation. The City is responsible should damage occur. 5. The job site must be ready and area leveled, when the Contractor arrives to begin the job. Any downtime shall incur additional fees. 6. Vehicle access must be provided to the jobsite. Heavy equipment access to the jobsite may be required. 7. The Contractor will take all precautions to see that landscaping is not damaged during the installation, but will not be responsible should such damage occur. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Pricing Schedule N/iii/ii/ii Jii/iiiifM/ii/r / o% 800-726-1816 QUOTE# 12/13/2017 PlayW yWell Group,Inc. 505-296-8900 (fax) 9871 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 City of Corpus Christi City of Corpus Christi-Almanza Park Accounts Payable Josh Wentworth-Park Operations PO Box 9277 5352 Ayers Street, Building 4 Corpus Christi,TX 78469 Corpus Christi, TX 78415 Phone: (361)826-3475 Phone: (956)239-3586 Mom NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE DISC. PRICE TOTAL BUYBOARD#512-16 BUYBOARD CONTRACT#512-16 EXPIRES 0.00 0.00 9/30/2018 OPTION THREE PLAYWORLD ZZXX0074 ACTIVO-ARIA 1 24499.00 23,274.05 23,274.05 PST:BLUE CMP1:YELLOW RP1:YELLOW ROPE:BLACK SHIP SHIPPING AND HANDLING 1 1726.47 1,726.47 1,726.47 RUBBERCYCLE PIP RUBBERECYC... POURED IN PLACE SURFACING-GENESIS 1 25360.29 24,092.28 24,092.28 SEAMLESS PIP TO COVER 1410SF DELIVERY PRICING-50% GREEN&50% BLACK. INCLUDES MATERIAL,FREIGHT AND INSTALLATION. PRICE INCLUDES 16OLF BEVELED EDGES. NOT PROVIDED:SUB BASE PREPARATION TO BE PROVIDED BY OTHERS. BOND PERFORMANCE&PAYMENT BOND 1 1117.20 1,117.20 1,117.20 QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written approvals and/or deposit. Please email or fax all pages. SUBTOTAL PLEASE REMIT YOUR DEPOSIT TO: $50,210.00 THE PLAYWELL GROUP, INC. 9430 SAN MATEO BLVD., NE, UNIT G SALES TAX (0.0%) $0.00 ALBUQUERQUE, NM 87113 Date Signature TOTAL $50,210.00 Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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 ,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 II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • 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. Page 2 of 5 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4t" Floor under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: 1497 Playground Equipment and Poured-In-Place Fall Zone for Telephone (main number): Almanza Park Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $50,210.00 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116-1 1497 Playground Equipment and Poured-In-Place Fall Zone for Almanza Park Rev.01-13-2016 Page 4 of 5 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 1497 Playground Equipment and Poured-In-Place Fall Zone for Almanza Park Rev.01-13-2016 Page 5 of 5 Attachment D: Warranty A. Poured-in-Place Poured-in-Place surfacing shall have a minimum of five year limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of Poured-in- place surfacing only. The limited warranty includes the contractor's obligation to repair and/or replace any defective materials orworkmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Playground Equipment 1 . LIFETIME on steel and aluminum posts stainless steel hardware, clamps, deck hangers, posts caps, and cast aluminum parts, except as otherwise specified below. 2. 25 years on Spring Mates aluminum castings 3. 15 years on all perforated steel decks and stairs, steel rails, stationary weldments, rotationally-molded and sheet slides, aluminum slide, and PlayWeb tubular steel parts, except as otherwise specified by product family type. 4. 10 years on fiberglass signage, shade fabric and components accessible swing seats, steel-core cable. 5. 5 years on flex treads, steel coil and C springs, specialty wood and ploycarbonate panels, and site amenities including all benches tables, litter receptacles and bike racks. All motion/moving play components and parts. Contractor shall provide warranty documents for the equipment and poured-in- place product which are incorportated by reference only. (Playworld 2017 and Genesis Warranty) Page 1 of 1 113S a SERVICE AGREEMENT NO. 1503 Installation of Playground Equipment at Almanza Park f�'anwo�alev 1852 THIS installation of playground equipment at Almanza Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and PlayWorks Inc. dba PlayWorks ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide installation of playground equipment at Almanza Park in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide installation of playground equipment at Almanza Park ("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 eight 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 zero additional zero-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 $25,391 .42, 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. 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: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) 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. (B) 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWorks Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 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 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, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 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; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date: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. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor shall receive, unload, and install various playground equipment referenced on Attachment B: Bid/Pricing Schedule at Almanza Park located at 3405 Surrey Ct., Corpus Christi, Texas, 78415. A. Concrete Pad with Wire Mesh Contractor shall install one 37'x38'x4' concrete pad with wire mesh and 7" curb, to include grading of the site and fill dirt from top of the curb to ground. B. Playground Equipment 1 . Contractor shall receive and unload playground equipment and required material at the jobsite and dispose of any debris as needed. 2. Contractor shall install all equipment per manufactures insturctions. Page 1 of 1 Attachment B: Bid/Pricing Schedule PlayWorwww. aywell rou .co 800-726-1816 QUOTE# 12/13/2017 Play Works,Inc. 505-296-8900(fax) 3778 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 i City of Corpus Christi City of Corpus Christi-Almanza Park Accounts Payable Josh Wentworth PO Box 9277 3405 Surrey Court Corpus Christi,TX 78469 Corpus Christi,TX 78415 Phone: (361)826-3475 Phone: (361)826-3475 NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE TOTAL BUYBOARD BUYBOARD CONTRACT#423-13 EXPIRES 9/30/2018 0.00 0.00 INSTALLED BY G.A.S.ENTERPRISES INSTALL G.A.S. INSTALL(1)PLAYSYSTEM.THIS PRICE INCLUDES THE UNLOADING 1 6,970.00 6,970.00 AND RECEIVING OF THIS MATERIAL AT THE JOBSITE AND THE DISPOSAL OF ANY DEBRIS AS NEEDED CON-PAD INSTALL(1)37'X38'X4"CONCRETE PAD WITH WIRE MESH AND 7" 1 18,421.42 18,421.42 CURB,TO INCLUDE GRADING OF THE SITE AND FILL DIRT FROM TOP OF THE CURB TO GROUND. THIS PRICE IS BASED ON CURRENT CONCRETE AND STEEL PRICES AND MAY INCREASE AFTER SIXTY DAYS.THIS PROPOSAL DOES NOT INCLUDE ANYTHING NOT LISTED ABOVE,ANY UNFORESEEN PROBLEMS THAT MAY ARISE WITH THE SITE(IE ACCESS OR SITE CONDITIONS)AND DIGG TESTS OR ANY PERMITS REQUIRED BY THE CITY OR STATE. QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written TOTAL $25,391.42 approvals and/or deposit. PLEASE REMIT PAYMENT TO: PLAYWORKS, INC. 9430 SAN MATEO BLVD., NE, UNIT G ALBUQUERQUE, NM 87113 Date Signature Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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: $1,000,000 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 II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service, item 8. Warranty. of the Serivice Agreement is null. Page 1 of 1 113S a SERVICE AGREEMENT NO. 1505 Playground Equipment and Installation of Tile Fall Zone for f'anwo�alev 1852 Middlecoff Park THIS sell of equipment and installation of the fall zone Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and The PlayWell Groups, Inc. dba PlayWell ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide equipment and installation of the fall zone in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide equipment and installation of the fall zone ("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 eight 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 zero additional zero-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 $50,210.00, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) 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. (B) 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWell Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 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 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 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: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date: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. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor will sell various playground equipment and install Poured-in-Place fall zone surfacing for the playground equipment area referenced on Attachment B: Bid/Pricing Schedule at Middlecroff Park located at 5122 Merganser Dr., Corpus Christi, Texas, 78415. Equipment Delivery: 1 • Contractor shall coordinate recieving and unloading of the equpment at the jobsite with the installar and Contract Administrator. Installer shall dispose of debris debris as needed. The trucking company personnel will not unload. 2. On Site Storage of equipment is the responsibility of the City from the time the shipment is received until completion of the project, unless otherwise arranged. 3. Security of equipment is the responsibility of the City unless otherwise arranged. 4. Contractor is not responsible for vandalism, theft, or subsequent repairs and replacement of equipment. This refers only to the protection of the delivered equipment and does not apply to the warranty or replacement of any missing or damaged parts. Installation of tile: 1 . The installation price of the the surfacing is based on normal soil conditions. Unusual soil conditions that require the use of a jack hammer, or other such equipment, will incur additional charges. 2. The installation price does not include removal of sand, or anything else, which may hinder installation of equipment unless otherwise arranged. 3. Green Tile 24"X24"X3.0 to cover 1 ,410 sq. ft. slab, 150 LF beveled edges. Color: Green 4. The City is responsible for blue-staking the job site and staking out any underground utilities prior to installation. The City is responsible should damage occur. 5. The job site must be ready and area leveled, when the Contractor arrives to begin the job. Any downtime shall incur additional fees. 6. Vehicle access must be provided to the jobsite. Heavy equipment access to the jobsite may be required. 7. The Contractor will take all precautions to see that landscaping is not damaged during the installation, but will not be responsible should such damage occur. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Pricing Schedule N/iii/ii/ii Jii/iiiifM/ii/r / o% 800-726-1816 QUOTE# 12/13/2017 PlayW yWell Group,Inc. 505-296-8900 (fax) 9872 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 City of Corpus Christi City of Corpus Christi-Middlecoff Park Accounts Payable Josh Wentworth-Park Operations PO Box 9277 5352 Ayers Street, Building 4 Corpus Christi,TX 78469 Corpus Christi, TX 78401 Phone: (361)826-3475 Phone: (956)239-3586 Mom NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE DISC. PRICE TOTAL BUYBOARD#512-16 BUYBOARD CONTRACT#512-16 EXPIRES 0.00 0.00 9/30/2018 OPTION THREE PLAYWORLD ZZXX0074 ACTIVO-ARIA 1 24499.00 23,274.05 23,274.05 PST:BLUE CMP1:YELLOW RP1:YELLOW ROPE:BLACK SHIP SHIPPING AND HANDLING 1 1726.47 1,726.47 1,726.47 RUBBERCYCLE AVEER 3.0 RUBBE... AVEER 3.0"GREEN TILE 24"X24"X3.0"TO 1 13.93 24,092.28 24,092.28 COVER 1410SF DELIVERY PRICING.PRICE INCLUDES 16OLF BEVELED EDGES. INCLUDES MATERIAL,FREIGHT AND INSTALLATION. NOT PROVIDED:SUB BASE PREPARATION TO BE PROVIDED BY OTHERS. BOND PERFORMANCE&PAYMENT BOND 1 1117.20 1,117.20 1,117.20 QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written approvals and/or deposit. Please email or fax all pages. SUBTOTAL PLEASE REMIT YOUR DEPOSIT TO: $50,210.00 THE PLAYWELL GROUP, INC. 9430 SAN MATEO BLVD., NE, UNIT G SALES TAX (0.0%) $0.00 ALBUQUERQUE, NM 87113 Date Signature TOTAL $50,210.00 Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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: $1,000,000 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 II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • 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. Page 2 of 5 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4t" Floor under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: 1505 Playground Equipment and Tile Fall Zone for Middlecoff Telephone (main number): Park Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $50,210.00 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116-1 1505 Playground Equipment and Tile Fall Zone for Middlecoff Park Rev.01-13-2016 Page 4 of 5 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 1505 Playground Equipment and Tile Fall Zone for Middlecoff Park Rev.01-13-2016 Page 5 of 5 Attachment D: Warranty A. Interlocking Tile Surfacing System The interlocking playgound surfacing system shall have a minimum of fifteen year and pro-rated based limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for the cost for necessary repairs caused by the failure of interlocking playground surfacing system only. The limited warranty includes the contractor's obligation to repair and/or replace any defective materials or workmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Playground Equipment 1 . LIFETIME on steel and aluminum posts stainless steel hardware, clamps, deck hangers, posts caps, and cast aluminum parts, except as otherwise specified below. 2. 25 years on Spring Mates aluminum castings 3. 15 years on all perforated steel decks and stairs, steel rails, stationary weldments, rotationally-molded and sheet slides, aluminum slide, and PlayWeb tubular steel parts, except as otherwise specified by product family type. 4. 10 years on fiberglass signage, shade fabric and components accessible swing seats, steel-core cable. 5. 5 years on flex treads, steel coil and C springs, specialty wood and ploycarbonate panesl, and site amenities including all benches tables, litter receptacles and bike racks. All motion/moving play components and parts. Contractor shall provide warranty documents for the equipment and interlocking the playground surfacing system product which are incorportated by reference only. (Playworld 2017 and Aveer Warranty) Page 1 of 1 SC o� � v AGENDA MEMORANDUM NORPgRp�EO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 12, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund to continue the Victim Outreach Program CAPTION: Resolution authorizing submission of grant application for $216,469.70 to the State of Texas, under the Victims of Crime Act with city match of$13,637.43 cash and $40,480 in-kind services. PURPOSE: This funding is available from the State of Texas, Criminal Justice Division, to provide funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant will provide funding for a victim case manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi-disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant keep accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. It is a two year grant application for 10/1/2018—9/30/2020. ALTERNATIVES: None OTHER CONSIDERATIONS: None 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: 2018- Expenditures 2019 CIP only) Current Year Future Years TOTALS Line Item Budget $0 $ $ Encumbered / Expended Amount This item $0 $13,637.43 $13,637.43 BALANCE $0 $13,637.43 $13,637.43 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application for $216,469.70 to the State of Texas under the Victims of Crime Act with city match of$13,637.43 cash and $40,480 in-kind services Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $216,469.70 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program. SECTION 2. The City Council commits to provide for the applicable city match of $13,637.43 cash and $40,480 in-kind services, for a total project cost of$270,587.13. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn SC o� � v AGENDA MEMORANDUM NORPgRp�EO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 12, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund. CAPTION: Resolution authorizing submission of grant application for $54,339.42 to the State of Texas under the Violence Against Women Act with city match of $14,000 cash and $8,280 in-kind services PURPOSE: Year 19 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA)that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute the in-kind contribution, and the City contributes for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2018 to 03/31/2019. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Legal OMB 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 Encumbered / Expended Amount This item 1 $1,166.671 $12,833.33 1 $14,000 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application for $54,339.42 to the State of Texas under the Violence Against Women Act with city match of $14,000 cash and $8,280 in-kind services Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $54,339.42 for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program. SECTION 2. The City Council commits to provide for the applicable city match of $14,000 cash and $8,280 in-kind services, for a total project cost of$76,619.42. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn SC o� � AGENDA MEMORANDUM v Future item for the City Council meeting of January 30, 2018 NORPgRPEAction Item for the City Council meeting of February 13, 2018 1852 DATE: January 12, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2604 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding eligible under the FY 2017 Body-Worn Camera Program CAPTION: Resolution authorizing submission of grant application for $265,116 to the State of Texas under the FY 2017 Body-Worn Camera Program with city match of $14,999 cash and $51,279 in-kind services PURPOSE: Request grant funding to purchase 150 body worn cameras to add to the existing body worn camera program provided through federal grant funding in 2015. BACKGROUND AND FINDINGS: The City is applying for funding available to aid municipal police departments in establishing or enhancing body-worn camera programs. The grant funds will enhance the federal grant funding provided in 2015 for the purchase of cameras. Applicants may satisfy the 20% match of the total project cost with either cash contributions or in-kind contributions of goods or services that are directly related to the purpose for which the grant was awarded. The cash match will be provided by the Law Enforcement Trust Fund. The in-kind contribution is for a percentage of time of the two employees currently working with the body camera system. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $14,999 $14,999 BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application for $265,116 to the State of Texas under the FY 2017 Body-Worn Camera Program with city match of $14,999 cash and $51,279 in-kind services Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $265,116 for funding available under the FY 2017 Body-Worn Camera Program for the purchase of body-worn cameras and related items. SECTION 2. The City Council commits to provide for the applicable city match of $14,999 cash and $51,279 in-kind services, for a total project cost of$331,394. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn SC o� � v AGENDA MEMORANDUM NORPgRp�EO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 30, 2018 TO: Margie Rose, City Manager FROM: Gilbert Sanchez, Safety and Risk Manager pilberts2(abcctexas.com (361) 826-3739 Kim Baker, Assistant Director of Financial Services kimb2gcctexas.com (361) 826-3169 Claims Database System for Risk Management CAPTION: Resolution finding that the purchase of a claims database system for the Risk Management Division is a sole source procurement; and authorizing a five-year service agreement with Recordables, Inc. of Venice, Florida, for a total amount not to exceed $97,437.25. PURPOSE: This software, TrackAbility, is used by the Risk Management Division to enhance the claims administration capabilities. BACKGROUND AND FINDINGS: The Risk Management Division has utilized this type of software successfully for the last five years. The contract that is in place is at the end of its term. This webhosted system allows the City to streamline its processes of claims functions for efficient claims administration. It also allows for quality and efficiency of trending reports for claims data, best practice audit data and tracking capabilities, and an insurance tracking system for all areas of claims. Recordables, Inc. is the sole owner of TrackAbility software and changing the current system would not be cost effective due to the volume of data already stored and tracked in the system. Additionally, TrackAbility has been customized to meet the specific needs of the City. Staff was able to obtain a lower price for this system than was paid in the previous agreement that had been publically procured. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $50,000.00 $77,949.80 $97,437.25 Encumbered / Expended Amount $7,828.00 $0.00 $0.00 This item $19,487.45 $77,949.80 $97,437.25 BALANCE $22,684.55 1 $0.00 $97,437.25 Fund(s): 5611 — Liability and Employee Benefits Fund Comments: The initial contract year is for an amount of$19,487.45, with the subsequent four contract years bringing the total contract value to $97,437.25. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution finding that the purchase of a claims database system for the Risk Management Division is a sole source procurement; and authorizing a five-year service agreement with Recordables, Inc. of Venice, Florida, for a total amount not to exceed $97,437.25. WHEREAS, a claims database system will be purchased for use by the Risk Management Division; WHEREAS, this system will assist the Division's staff with the claims administration; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to purchase a claims database system for Risk Management from Recordables, Inc., of Venice, Florida, based on a sole source, for a five-year term for a total amount not- to-exceed $97,437.25. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of 20 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 „q~; ° G SERVICE AGREEMENT NO. 1499 ,v Claims Database System for Risk.Management THIS Claims Database System for Risk Management Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"') and Recordables, Inc. (`,Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Claims Database System in response to Request for Bid/Proposal No. N/A ("`RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Claims Database System ("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 sixty 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 zero additional n/a-month periods ("Option Periods)") 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. . Compensation and Payment. The total value of this Agreement is not to exceed 97,437,25, 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. . 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 fellows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 . . _........ ... Name: Gilbert Sanchez Department: Risk Management Phone: 361 .826.3739 Email: Gilberfs2@cctexas.com 5. Insurance; Bonds,. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("CO]"), 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 3,0 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 fo 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 it 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 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. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 ------------------------ --- --- 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. (B) 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/Quantlity 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. Nen-Appropriatilon. 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 for all their acfs 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 n 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 .......... 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the some. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unempIoymenf taxes and all other related faxes. Upon request, the City Manager shall be provided proof of payment of these faxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fox, 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 Sanchez Title: Safety and Risk Manager Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: 361,.326.3739 Fax: IF TO CONTRACTOR: Recordabl:es, Inc. Attn: Paull Kofman Title: President Address: P.O. Box 519, Venice, Florida 34284 Phone: 312.961.7894 Fax: 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 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, ATTORNEYSFEES 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ---------------- ..................................... OR OTHER DISPOSITION, F LL ACTIONS BASEDTHEREON WITH COUNSEL SATISFACTORY TO THE CITYL CHARGES OF ATTORNEYS AND ALL OTHER COSTS ANY KIND ARISINGRESULTING ! LIABILITY, LOSS, L I , DEMANDS, SUITS, ACTIONS. THE INDEMNIFICATION OBLIGATIONS T T THIS SECTION SHALL SURVIVE THE EXPIRATIONLI TERMINATION OF THIS T. 18. Ter inaf on. (A) The City tanager 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 Administrafor 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 tanager may terminate this Agreement immediately thereafter. (B) Alternatively, the City tanager 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 tanager 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 :tanager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, Service Agreement Standard Farm Page 5 of Approved as fo Lr gd 'Fenn 12115/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel,- and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24, Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable low for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire, Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 ......................... ....................... -------------------- CONTRACTOR Signature: / Printed Name: 11j?4-C Title- "N' 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: ln,surance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 -------------- ........................... Attachment A ® Scope of Work 1.0 General Requirements/Background The Contractor shall provide a claims database system for use by the City's Risk Management Division. The City currently self-insures Auto, General and other Liability claims and lawsuits that are handled in-house by claims adjusters and litigation attorneys. 1.1 Scope A. The system shall be web hosted software Utilizing VPN, Virtual Private N� etwork connections utilizing a SaaS Software as a service or subscripton based model. B. Contract is to provide TrackAbility software for liability with litigation/legal module, check writing, Center for Medicare Services and CerfAdvisor for managing incoming certificates of insurance for up to 15 users. C. The system must be capable of enhancing the claims adminsfration: capbilites to include but are not limited to: I Streamlining processes of claim functions and payment related activities for efficient claims administration. 2. Quality and efficiency of trending reports for claim data and standardizing claim types. 3. Best practice audit data and tracking capabilities. 4. A certificate of insurance tracking module to efficiently organize and track certificates of insurance and related functions. D. The system should be capable of addressing claim and lawsuit categories such as: General Liability, Auto Liability, Public Officials' Liability, Law Enforcement Liability, Employment Practices,, EEOC, Crime- Employee Dishonesty, Environmental Impairment Liability, Property, Boiler and Machinery, Self-Insured and various miscellaneous categories. ............... -------- ------- - .............. .............. c ment B - Schedule of Pricing Cil kATTACHMENT B-QUOTE/PRICMG SCHEDULE 0TY OF! RPU .t RISTs QUOTE FORM 1. Reter to Contract Teras and Conditions before,completing quote. . Quote your best aria, including freight,for each ife m. 3. In submitting this quote, COFTtfaClOr cerfifips that the prices in this quote have been or'riv at al haat to rad'saratiy, without cons0tation, craa"rarrr unicrati ra, or agreement wifh any other contractor or compefitor,for ttwr purpose of rc-,rstftrjng r:rarr pefftsora with regard to pries. Invitation tea art , TOB Destination, Frei?tat Included on the tot6orirwa : DESCRIPTION Ty � U141T 'UNIT PRICE PRICE TOTAL y t _......48 45 X49 i87 45 1 Yearly s�aikksGvrsi�iia.u�crt Twa�c:t',•�i.mCdi� "vlr+t�}va Flr� iAwPa'^ d IS � p E i TOTAL p 9,48 .45 _._. _..._... __.. r _ . . L._.,w w.. :; me P'Iw4"wiY Rec ordcibk,,,s, Irr•:::. NW,rYF chi.: i'ERSC_)N" AJJTH0R7FD TO i^^',c�4rrian A(" CY",,�_'S S; PC BC":X `a 9 1 :^,I"ATF Iki''`°Jt nc e, L 42 84 .11H,(m... _m,._.._ ......... c i^� ,� ✓ h ei �t��oM'�fJ: �9 k, 244-S51,') P. Cmc ary k5, 2018 SIG AJ URP`; l l i(.E P"eiO-,,, rJ THE: CRY RESERVES THE I lis '70 REJECT OR CANCEL ANY 'reit ALL QUOTE& TO WAIVE ANY 0 Ro v4;F".(;I ;.201;P' Attachment C — Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all: insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. Construction contracts including excavation at (3) three feet or more requires Pollution Liability Coverage. In addition Construction contracts of more than (5) five million dollars require Umbrella Liability Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. . .... ERRORS & OMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate 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. IL ADDITIONAL REQUIREMENTS A. 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. B. 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, TY 78469-997 --------------- .......... ..........-.......... Attachment D ® Warranty No warranty is required under this Agreement, therefore Service Agreement paragraph (B) of Section 8 is null and void. ............... ......................... ............................... ............ SC 00 � 0 E AGENDA MEMORANDUM NCORPORP11 Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 22, 2018 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Barge Dock Improvements (Rebid) Type A Funds CAPTION: Motion authorizing a construction contract with Grace Paving and Construction, Inc., of Corpus Christi, Texas, in the amount of $553,199.17 for the Barge Dock Improvements (Rebid) project for the total base bid plus additive alternates 1 and 2 (Type A Funds). PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract with Grace Paving and Construction, Inc., for the Barge Dock Improvements (Rebid) project. BACKGROUND AND FINDINGS: This project is a critical element of the seawall and an approved Capital Improvement Project within the Type A funds. The Corpus Christi Business and Job Development Corporation reviewed and recommended approval of the construction contract on January 15, 2018. Capital Improvement Program description: "The Barge Dock (commonly referred to as the Art Museum Barge Dock)is located on N. Shoreline Boulevard north end of Corpus Christi Seawall adjacent to the Art Museum of South Texas. Its proximity to the entrance of the Port of Corpus Christi, the American Bank Center, Selena Auditorium, the Museum of Science and History and the Art Museum make the Barge Dock an integral part of these facilities. The Barge Dock area consists of a concrete paved area over fill material, contained along Corpus Christi Bay by a sheet-pile supported structure topped with a concrete pile cap. The barge dock is frequently swamped by high tides limiting its usefulness. A previous concept of this project contemplated raising the structure and enhancing its use. The current program includes funds for maintenance activities only." The Barge Dock was originally constructed with the seawall in 1941, and the last major rehab was in 1983. It is configured to service as true dock for mooring boats and for additional parking. The structure and pavement are now showing signs of distress with the age and exposure to the harsh environment. Additionally, there are unsafe vehicular activities that are damaging the parking lot and nearby facilities; specifically, cars racing and spinning in circles that propel rocks that cause damage to the Art Museum property. This project provides the structural repairs and adds speed bumps, concrete car stops, and concrete bollards to prevent unsafe vehicular activities. The project was bid twice. The first bid was in June 2017, where only two bids were received and subsequently rejected. Both bids were nearly double the engineer's estimate, and exceeded the available funding. Staff interviewed the bidders to determine the cause of the higher than expected bids. Based on bidder responses, the project scope and quantities were unclear. The design engineer and staff better defined the scope and clarified the contract requirements. Additionally, some of the scope was moved from the base bid into additive alternates as follows: PROJECT REVISED (REBID) SCOPE: Barge Dock Project (Rebid) was developed with a base bid plus two additive alternatives to maximize the extent of work within the available funding. The following is a summary of the work: Base Bid - Includes repairs to the concrete structures, mooring cleats, bollards and storm water outfall with a new 1.5" HMAC overlay to the parking lot. The project also includes filling structural voids with lightweight concrete, new pavement markings and new safety features to prevent unsafe vehicular movements. Additive Alternate No. 1 — Increases the concrete pavement repairs to include replacing damaged concrete pavement at the south end of the Barge Dock. Additive Alternate No. 2 — Increases thickness of the HMAC overlay from 1.5" (base bid) to 2". On November 8, 2017, the City received proposals from six (6) bidders. The bids are as follows: Contractor Base Bid Add Alt 1 Add Alt 2 TOTAL Grace Paving and Construction, Inc. $466,115.01 $53,140.88 $33,943.28 $553,199.17 Corpus Christi, Texas Mako Contracting, LLC. 672,193.62 46,522.32 19,742.52 738,458.46 -Corpus Christi, Texas Mo-Con Services, Inc. 562,797.27 50,216.40 39,398.45 652,412.12 Corpus Christi, Texas DMD Construction 561,399.42 69,264.00 38,186.19 668,849.61 -Corpus Christi, Texas Abba Construction 646,535.00 76,960.00 No Bid 723,495.00 Laredo, Texas J.M. Davidson, Ltd. 745,224.55 80,538.64 21,560.91 847,324.10 Aransas Pass, Texas Engineer's Opinion of Probable $596,160 $73,016 $42,862 $712,038 Construction Cost Staff and the LJA Engineering analyzed the six proposals and determined the lowest responsive and responsible contractor is Grace Paving and Construction, Inc. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LJA Engineering, Inc., was selected for this project as a result of RFQ No. 2009-05 City of Corpus Christi Projects. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Type A Board FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget $663,100.00 $1,025,177.74 $1,688,277.74 Encumbered / Expended Amount 522,685.83 522,685.83 This item 553,199.17 553,199.17 Future Anticipated 151,502.74 151,502.74 Expenditures This Project BALANCE $140,414.17 $320,475.83 $460,890.00 Fund(s): Type A Funds, CIP Seq. PH 17 Comments: N/A RECOMMENDATION: City staff and LJA Engineering recommend approval of a construction contract with Grace Paving and Construction, Inc in the amount of$553,199.17 for the Barge Dock Improvement Project (Rebid)for the base bid plus additive alternates 1 and 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation PROJECT BUDGET ESTIMATE Barge Dock Improvements (Rebid) Seawall System CIP PROJECT FUNDS AVAILABLE: Seawall System CIP Fund 1,663,100 Storm Water O&M 25,178 TOTAL FUNDS AVAILABLE................................................................................................ 1,688,278 FUNDS REQUIRED: ConstructionFees:............................................................................................................. 608,519 Construction (GRACE PAVING AND CONSTRUCTION) THIS ITEM.................. 553,199 Contingency (10%).................................................................................. 55,320 Desicin, Geotechnical Testinci and Investiciation Fees:............................................................... 467,366 Engineering (LJA Engineering)..................................................................... 309,870 Geotechnical Testing (Test America)............................................................. 419 Geotechnical Testing (Rock Engineering)....................................................... 47,935 Geotechnical Testing (Rosengarten, Smith &Assoc)........................................ 2,466 Investigation Phase Services (Barcom).......................................................... 106,676 Construction Testinci and Inspection:..................................................................................... 66,090 Construction Materials Testing (estimate) 7,000 Construction Inspection (estimate) 59,090 Contract Manaciement, Reimbursements and Miscellaneous:...................................................... 85,413 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget).................. 33,765 Engineering Services (Project Mgt)............................................................. 50,648 Misc. (Printing, Advertising, etc.)................................................................ 1,000 TOTAL............................................................................................................................. 1,227,388 ESTIMATED PROJECT BUDGET BALANCE.......................................................................... 460,890 N SCALE: N.T.S. NUECES BAY 181 pti PROJECT LOCATION cp�R/Op � R CORPUS CHRISTI SHIP CHANNE LEOPARD O a z eq< 0O �h/N 286 F= MORGP � O 358 Q 0 �l pp z Q CORPUS CHRISTI BAY ��•� �� do T TEXAS A&M UNIVERSITY CORPUS CHRISTI 358 ZZ Q� �SgRgr°cq��m �'r� Mc�RO�F O CABANISS i OSO BAY Q CORI FIELD Qv O �v Q� FLOUR 286 os LOCATION MAP, 358 NOT TO SCALE Z Project: 3426 c� 11 — CITY COUNCIL EXHIBIT Barge Dock Improvements (Rebid) CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Barge Dock Improvements (Rebid) Council Presentation January 30, 2018 r Project Location Corpus CNr'stl Engineering NUECES BAY N SCALE:N.T.S. PROJECT LOCATION CORPUS CHRISTI �o �o S CORPUS CHRISTI&1Y yke � ss iss OSO BAY Q nn °0v'niR"sRr in on FLOUR BLUFF Project Vicinity ?\ Corpus erw » @m©mm / <\ N c d\ m sr » «« �/��� ^ � • ! \, \9 dd Project Scope i Engineering Base Bid Work: • Structural repairs • Pavement resurfacing • Storm water outfall repairs • Pavement markings • Speed bumps, concrete car stops, and concrete bollards to prevent unsafe vehicular activities Additive Alternate 1: • Increases concrete pavement repairs to include damaged concrete pavement at south end of Barge Dock Additive Alternate 2: • Increases HMAC overlay to 2" from the 1.5" in base bid �d Project Schedule °U� Corpus Chr'sti Engineering 2017 • O N DI J F MA M J Bid/ Award Projected Schedule reflects City Council award in January 2018 with anticipated completion in June 2018. 111 820 Buffalo Stroet,Cc ipus Chhsti,Toxas 78401, LJA ENGINEERING t 4618878851. f 361.8878855 LJA.corn TBPE F-1286 T2PLS 10016600 November 14, 2017 City of Corpus Christi Engineering Services P. C. Box 91277 Corpus Christi, Texas 78469-9277 Attn: Mr. J. H. Edmonds, P.E. Director of Engineering Services Re: Barge Dock Improvements (Rebid) Project No. 3426 RECOMMENDATION OF AWARD LJA Project No. C007-12040 Dear Mr. Edmonds: We have reviewed the six (6) bids received on November 8, 2017 for the Barge Dock Improvements (Rebid) Project ("Project"), The Project includes improvements to the pavement at the Barge Dock parking lot. The objectives are to repair any damaged areas and to seal the surface of the parking lot. Scope of work includes cleaning and sealing the concrete around the existing bollard and cleat bases, removing and replacing damaged bollards, repairing damage to the concrete bulkheadcap, filling the underwater voids around the stormwater RC pipes in the bulkhead, repairing damage to concrete structures at two specific locations, removing and replacing damaged concrete pavement, repairing spalling in the pavement, cleaning and resealing expansion joints at the rampwall, between the bulkhead and pavement, at the seawall, and throughout the parking lot. Scope of work also includes installing 1.5" Type 'D' HMAC overlay over the existing concrete parking lot, parking lot striping, concrete bollards,, concrete, curb stops, a speed hump, and filling the void behind the seawall with flowable fill. Alternate No. 1 includes removing and replacing the damaged concrete pavement at the south end of the Barge Dock. Alternate No. 2 includes deducting the 1.5" Type 'D' HMAC from the base bid and installing 2" Type 'D' HMAC overlay over the existing concrete parking lot. The bidders were Grace Paving and Construction, Inc. (Grace), Mako Contracting, LLC (Mako), Mo-Con Services, Inc. (Mo-Con), DMB Construction, LLC ("DIVIB"), Abba Construction, LLC ,(Abba), and JM Davidson Ltd. ("JM Davidson"). All six (6) bids (attached) were reviewed by City legal and deemed complete and responsive. All six (6) bids have been evaluated and a Bid Tabulation (attached) has been prepared. The bids from Mo-Con contained minor math errors, which did not change their relative bid status. In addition to their Bid Proposal, the three (3) lowest bidders have submitted documentation supporting the requirements of Section 00 45 16 Statement of Experience (attached). We have reviewed all three (3) bidders' Statements of Experience and found Grace and DMB's to be complete. LJA will review Mo-Con's resumes of key personnel upon receipt and forward on to the City. Mr.J.H. Edmonds, P.E. Barge Dock Improvements(Rebid) November 14,2017 Recommendation of Award Project No(s)3426 2 of 2 All three (3) of the lowest bidders are local contractors with significant construction experience with the City of Corpus Christi. DMB and Grace have recently completed projects for the City of Corpus Christi that are similar to the Barge Dock Improvements Project. The Bid was composed of, and will be evaluated based on the availability of funds, on the following four(4) bid combinations: 1. Total Base Bid, or 2. Total Base Bid+Alternate No. 1, or 3. Tota/Base Bid+Alternate No.2, or 4. Total Base Bid+Alternate No. 1 +Alternate No. 2 The Contract Documents stipulate that the Project shall be substantially complete within 90 calendar days from Notice to Proceed and establishes the liquidated damages amount at $600 for each day that expires after the specified substantial completion time. After review of the bid proposals and requisite additional documentation, UA acknowledges that Grace Paving and Construction, Inc. is the Lowest Bidder on the Project and meets the requirements for award of the Project. Based on the staff's confirmation that the budget is sufficient for Base Bid + Alternate No. 1 + Alternate No. 2, which will seal the surface and improve the appearance of the concrete parking lot, UA recommends that the City award the Project to Grace Paving and Construction, Inc.for the following amount: Total Base Bid+Alternate No. 1 +Alternate No. 2 $553,199.17 If you have any questions, or require any additional information, please contact our office. Sincerely, to Victor M. Gutierrez, r., P.E. Project Manager VMG/dcr cc: Sarah West, P.E., Project Manager, City of Corpus Christi File Attachments: - Bid Tabulation - Bid Proposal from Each Contractor - Section 00 45 16 Statement of Experience Documentation from the Three Lowest Bidding Contractors R:\CLIENTS\CITY OF CC-7\12040-Barge Dock Improvements-Project#3426\Bid Phase\Bid Opening-November 8,2017 se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting February 13, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief ocha@cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2&cctexas.com (361) 826-3169 HVAC Service and Repair for Corpus Christi Fire Department for a One-year not to Exceed $66,700, with Two Additional One-year Options and a Total Potential Multi-year Amount of Up to $200,100 CAPTION: Motion authorizing a service agreement with Rapid Air of Corpus Christi, Texas to provide HVAC services and repairs for Corpus Christi Fire Department (CCFD)for a total amount not to exceed $66,700 for a term of one year with the option to extend for two additional one-year periods for a potential multi-year amount of$200,100. PURPOSE: The Service Agreement will ensure prompt service when problems with any of the HVAC systems arise. BACKGROUND AND FINDINGS: All CCFD facilities are essential for the daily operations of the Fire Department. The HVAC system located at the CCFD facilities are in constant use. All services must be fully functional to keep our emergency crews and vehicles ready to respond. When it is hot, our crews count on the air conditioner to rehab. Wearing bunker gear in hot weather, especially after fighting fires, increases a firefighter's body temperature. During cold weather, a similar situation exists. The apparatus cannot be allowed to sit in a cold engine room due to issues with their start up. Furnaces in the engine rooms ensure the ambulances and fire apparatus start every time. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received one responsive, responsible bid and is recommending the award to Rapid Air. Rapid Air's labor rates are competitive with other HVAC companies in the Corpus Christi, Texas area, with a labor rate of $85 per hour. Labor rates range from $75 per hour to $99 per hour. 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: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $480,194.00 $161,192.00 $641,385.00 Encumbered / Expended Amount $122,453.90 $0.00 $122,453.90 This item $38,908.00 $161,192.00 $200,100.00 BALANCE $318,831.90 $161,192.00 $318,831.90 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $66,700, of which $38,908.00 is funded in FY2017-2018 budget. The total contract value will be $200,100 if all option years are executed. 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 1422-HVAC for Corpus BUYER: MINERVA ALVARADO FIRE DEPARTMENT Rapid Air Corpus Christi,Texas On Call Services Item IDescription jUnit I Qty I Markup % I Markup Total 1 Parts including Freon EA $25,000.00 30% $7,500.00 Labor Item Description Unit Qty Unit Price 3 Normal Hrs (M-F 8:OOam-5:OOpm) HR 180 $ 85.00 4 After Hrs (5:01pm-7:59am to include 60 weekends/Holidays) HR $ 85.00 Preventative Maintenance Services Item Description Unit Qty Unit Price 5 Fall Preventative Maintenance EA 46 $ 150.00 6 Spring Preventative Maintenance EA 46 $ 150.00 Christi Parts Total $32,500.00 Total Price $ 15,300.00 $ 5,100.00 Total Price $ 6,900.00 $ 6,900.00 $66,700.00 113S a SERVICE AGREEMENT NO. 1422 HVAC Service for Corpus Christi Fire Department f�'anwo�alev 1852 THIS HVAC Service for Corpus Christi Fire Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Rapid Air ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide HVAC Service for Corpus Christi Fire Department in response to Request for Bid/Proposal No. 1422 ("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 HVAC Service for Corpus Christi Fire Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. 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 $66,700.00, 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. 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: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Gerardo Garcia Fire Department 361 .826.8427 GerardoG@ 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 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 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: Gerardo Garcia Fire Captain 2406 Leopard Street, Corpus Christi, TX 78408 361 .826.4515 IF TO CONTRACTOR: Rapid Air Attn: Eladio Castaneda Owner 2101 Leopard Street, Corpus Chirsti, TX 78408 361 .882.2313 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 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, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 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 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 CONTRACTOR r Signature- Printed n tur :Printed Name (k.51 Title: w 1 Date: 241,L-- CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment : Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1422 Exhibit : Contractor's Bid/Proposal Response Service Agreement Standard Parva Page 7 of 7 Approved as tla LegaV Parma 10/2/17 Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall provide on call HVAC Service and Repair for Fire Stations located throughout the City of Corpus Christi as outlined in this scope of work. Work will be performed on an as needed basis therefore; no work is guaranteed under this agreement. All quantities are estimated based on past needs. 2. Scope of work A. Service Requirements 1 . The Contractor shall have a sufficient number of responsible, trained personnel qualified to provide the required services. 2. The Contractor shall ensure that all personnel are continuously trained to meet the latest technology and industry standards. 3. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the general public during performance of all services under this contract. 4. The contractor shall assure that all crews are fully and properly equipped to perform services promptly and safely without delay. 5. All personnel assigned to the City's service agreement account shall meet all applicable certification requirements of any regulatory agency having jurisdiction. 6. Contractor will charge a per hour rate charge per trip....... No minimum per hour rate will be charged. 7. All Technicians assigned to the City's service agreement account shall be registered with the State of Texas in accordance with TDLR and be clean of TDLR violations three years prior to solicitation date. 8. All personnel assigned to the City's service agreement shall wear a uniform, including safety equipment and any company issued photo identification, if issued by the company. The clothing shall be identifiable with a logo bearing the name of the company visible from 15 feet at all times. All personnel shall be neatly dressed in shirts, safety shoes, and long pants. Shorts or torn clothing are unacceptable. Clothing worn shall be suitable for HVAC work in accordance with NFPA 70E requirements. 9. The Contractor shall be able to perform specified services 24 hours a day, 365 days per year on an as needed basis. The City will use Page 1 of 5 prudent judgment when calling after regular working hours for specific services. 10.The Contractor must have personnel available to receive work order requests and/or return phone calls within half an hour of being placed by the Fire Department. 11 . The Contractor shall be on site within two hours or within an agreeable time frame determined by the Fire Department and the Contractor of receipt of work order requests. 12. The Contractor shall repair the HVAC deficiencies within 24 hours of arrival on site or have communicated with the Contract Administrator of any conditions that may delay work being completed within 24 hours. 13. Contractor shall provide all necessary management, supervision, labor, equipment, material, transportation, and supplies required to repair, alter, or construct mechanical systems. All work and services performed must be accomplished in a manner that meets all applicable original equipment specifications, trade standards and provisions, federal, state, and local codes regulations. B. Service Requests are to be accepted by the following authorized personnel: 1 . Assistant Chief of Support Services 2. Captain Assigned to Facility Maintenance 3. Battalion Chief during emergency situations C. Types of services and items covered by this agreement include, but are not limited to: 1 . HVAC installation and repair 2. Ductwork installation and repair 3. Wiring and cables installation and repair 4. Diagnostic test equipment 5. Inspections of equipment 6. Temporary HVAC services to facility. Temporary HVAC equipment to Fire Stations if need arises 7. Secure HVAC permits as required by city/state codes and ordinances 8. Tools and equipment 9. Supervision of project 10. Manpower Page 2 of 5 1 1 . Training of Contractor employees for work under this contract 12. Training of Fire Personnel for maintenance of new equipment 13. Preventative maintenance D. Contractor is responsible for making repair to or replacement of any material or equipment damaged during the completion of work or as the result of action or inaction by their staff. E. Contractor shall dispose of all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health at no additional cost to the City. F. Contractor shall not store worn or defective parts on City premises at the end of the work day unless otherwise specified by the Contract Manager or designee. G. Contractor must clean the work site from debris or hazards at the end of every work day. H. Upon completion of service call to the Fire Station, Contractor shall submit a final work order or repair slip to the personnel on site at time of completion and shall contain the following information: 1 . Site location of the equipment repair 2. Name, model number and serial number of the equipment repaired 3. Name and model number of any replacement parts I. Repairs include all mechanical and all electrical components related to the operation of the HVAC system. J. Contractor shall have the ability to repair/replace parts that are necessary. All materials used must be factory new/unused and free of defects in materials and workmanship. Repair parts and components must conform to original equipment manufacturer specification. K. Contractor shall provide an estimate based on the price schedule for major repairs, defined as exceeding $1,000.00. Estimates shall include labor and parts that are in accordance with the contract pricing sheet. Page 3 of 5 L. If any item of equipment covered under this agreement is deemed non- repairable by the Contractor, the Contractor shall immediately notify the Contract Administrator. M. All air conditioners will require a complete spring preventative maintenance services to be scheduled by the contract administrator. N. All furnaces will require a complete fall preventative maintenance services to be scheduled by the contract administrator. 3. Work Site and Conditions A. The work shall be performed at the following Fire Stations: Station Address Zip Station # Address Zip # Code Code 1 514 Belden St. 78401 6 6713 Weber Rd. 78413 2 13421 Leopard St. 78410 7 3722 S. Staples St. 78411 3 1401 Morgan Ave. 78404 8 4645 Kostoryz Rd. 78415 4 2338 Rodd Field Rd. 78414 9 501 Navigation 78408 Blvd. 5 3105 Leopard St. 78408 10 1550 Horne Rd. 78416 Station Address Zip Station # Address Zip # Code Code 11 910 Airline Rd. 78412 17 6869 Yorktown Blvd. 78414 12 2120 Rand Morgan Rd 78410 18 6226 Ayers St. 78415 13 1802 Waldron St. 78418 Warehouse 1501 Holly Rd. 78417 14 5901 So. Staples St. 78413 Old St #5 3312 Leopard St 78408 15 14202 Commodores Dr. 78418 EMS Central 209 S. Carancahua 78401 16 8185 State Hwy 361 78418 B. There are approximately 46 different units in operation at the above stations. Repairs are to be performed on units manufactured by the following companies: 1 . AHRI 2. American Standard 3. Carrier 4. Goodman 5. Grande Aire 6. Lennox 7. Panasonic 8. Payne 9. Rudd Page 4 of 5 1 O.TempStar 1 1 .Trane 12.Other Brands possible 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Special Instructions A. The Contractor shall report to the station Captain, or to any CCFD personnel at the station upon arrival. The Contractor will check in on the Vendor Check In/Out Form. Upon completion of the project, the Contractor will notify the Captain or other CCFD employee. The Vendor Check In/Out Form shall be completed at this time to close out the service call. If the Contractor has to leave the premises to obtain parts or other materials, station personnel must be notified and these times must be listed on the form. If station personnel are not available, the Contract Administrator will be contacted as to check in and check out. B. The Contractor shall submit a final work order or repair slip to the personnel on site at time of completion and shall contain the following information: 1 . Site location of the equipment repair 2. Name, model number and serial number of the equipment repaired 3. Name and model number of any replacement parts 4. The times, in hours, listed on the Vendor Check In/Out Form C. Invoices shall include itemized records of the following: 1 . Work description, location and date of repairs 2. Labor cost with backup as listed on the Check In/Out Form 3. Parts and prices with backup 4. Technician's name Page 5of5 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI ° BID FORM w_. PURCHASING DIVISION in un RFB No. 1422 `xs�2 Heating, Ventilating, and Air Conditioning (HVAC) For Corpus Christi Fire Departments PAGE 1 OF I Date: is j� Authorized Bidder: R.4e.'o 6410- Signature: _ 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. ....QTY,,,,,,,,,,,, ,. .M. .... .�.....,,��,�ri........�. ..._...�............. �. On Call Services Markup Estimated _„m _ Parts Total _...... A X25,000 ..... % ,. o ....., Parts includin Freon -„ .� _ E _......... .............a, �,.. mm. .�..__. ..W... Labor _ Unit Price Total Price.......... 3 Normal Hours {M-F 8:00am�-5:00 _ __. ............ . ._. ._. .a............ HR i$0 4After Hours (5:01 pm 7:59am to HR 60 include holida s Preventive Maintenance _...... ..°'"__...�...�.mm ..... ..m ,.. _. .,,�.... Services Unit My Unit Price Total Price S Fall Preventative Maintenance mm EA 46 15'0 m f . ._W. .. tM_.. . ,. /�o ...... � PtenancEA 4 Tocol ...._............ .........._... ............. __............_. �ra�..._ u......... • Include estimated quantity times markup percentage on total price 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 Facilities & Property Management one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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 ,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 II (All States Endorsement if Company is of this not domiciled in Texas) Exhibit. Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 3 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 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. 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 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 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. Page 2 of 3 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 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 Purchasing HVAC Equipment New Installation, Replacement and Repair 11/08/2017 sw Risk Management Valid Through 09/30/2018 Page 3 of 3 Attachment D: Warranty Requirements Warranty A. Covered warranty on new installation shall be one year or better for all labor and material. B. Warranty on all repairs shall be 90 days or better for all labor and materials. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. Page 1 of 1 se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting February 13, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities anGQcctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim 2&cctexas.com (361) 826-3169 Gate Valves Supply Agreement CAPTION: Motion authorizing a 36-month supply agreement with Gajeske, Inc., of Houston, Texas, for Gate Valves for the Utilities Department for a total amount not to exceed $362,589.54. PURPOSE: This is a motion to approve a supply agreement for gate valves for the Utilities Department. BACKGROUND AND FINDINGS: The gate valves are stocked by the warehouse and used by the Utilities Department for new service and maintenance of water and waste water lines. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Gajeske Inc. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,195.15 $282,014.09 $3,082,209.24 Encumbered / Expended Amount $353,473.28 $0 $353,473.28 This item $80,575.45 $282,014.09 $362,589.54 BALANCE $2,366,146.42 $0 $2,366,146.42 Fund(s): Municipal Court Comments: The initial contract is for an amount not to exceed $362,589.54 for three years, with an estimated expenditure of$80,575.45 to be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1429 Buyer:Cynthia Perez Gate Valves Core&Main LP.F/K/A HD Gajeske,Inc. Ferguson Enterprises Inc. Supply Waterworks,Ltd. Corpus Christi,TX Houston,TX Corpus Christi,TX Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 City Stock No.3193-3"Flange X Flange EA 72 $272.00 $19,584.00 $265.40 $19,108.80 $290.140 $ 20,890.08 w/hand wheel,AMFC,AFC2593FFOL 2 City Stock No.3194-4"Flange X Flange EA 60 $305.00 $18,300.00 $296.57 $17,794.20 $324.030 $ 19,441.80 w/hand wheel,AMFC,AFC2504FFOL 3 City Stock No.3195-6"Flange X Flange EA 36 $405.00 $14,580.00 $396.18 $14,262.48 $442.190 $ 15,918.84 w/hand wheel,AMFC,AFC2506FFOL 4 City Stock No.3196-8:Flange X Flange EA 24 $635.00 $15,240.00 $619.43 $14,866.32 $691.220 $ 16,589.28 w/hand wheel,AMFC,AFC2508FFOL 5 City Stock No.3198-10"Flange X Flange EA 18 $1,005.00 $18,090.00 $983.68 $17,706.24 $1,075.610 $ 19,360.98 w/hand wheel,AMFC,AFC2510FFOL 6 City Stock No.3197-12"Flange Flange EA 12 $1,215.00 $14,580.00 $1,188.03 $14,256.36 $1,299.100 $ 15,589.20 w/hand wheel,AMFC,AFC2512FFOL 7 City Stock No.3411-4"MJ X MJ w/square EA 72 $306.00 $22,032.00 $299.12 $21,536.64 $344.590 $ 24,810.48 loperating nut,AMFC,AFC2504TMLAOL 8 City Stock No.3334-6"MJ X MJ w/square EA 108 $392.00 $42,336.00 $381.88 $41,243.04 $439.960 $ 47,515.68 operating nut,AMFC,AFC2506MMLMOL 9 City Stock No.3335-8"MJ X MJ w/square EA 72 $625.00 $45,000.00 $607.68 $43,752.96 $700.170 $ 50,412.24 operating nut,AMFC,AFC2508MMLMOL 10 City Stock No.3336-10"MJ X MJ w/square EA 12 $970.00 $11,640.00 $947.41 $11,368.92 $1,046.460 $ 12,557.52 operating nut,AMFC,AFC2510MMLMOL 11 City Stock No.3337-12"MJ X MJ w/square EA 18 $1,228.00 $22,104.00 $1,198.76 $21,577.68 $1,337.950 $ 24,083.10 operating nut,AMFC,AFC2512MMIMOL 12 City Stock No.3194-4"Tapping Flange X MJ EA 18 $386.00 $6,948.00 $377.28 $6,791.04 $416.550 $ 7,497.90 w/square operating nut,AMFC,AFC2504FFOL 13 City Stock No.3195-6"Tapping Flange X MJ EA 90 $545.00 $49,050.00 $532.59 $47,933.10 $613.440 $ 55,209.60 w/square operating nut,AMFC,AFC2506FFOL 14 City Stock No.3196-8"Tapping Flange X MJ EA 48 $810.00 $38,880.00 $791.09 $37,972.32 $905.440 $43,461.12 w/s uare operating nut,AMFC,AFC2508FFOL 15 City Stock No.3197-12"Tapping Flange X MJ EA 18 1$1,845.00 $33,210.00 $1,801.08 $32,419.44 $1,989.810 $ 35,816.58 w/square operating nut,AMFC,AFC2512FFOL $371,574.00 $362,589.54 $ 409,154.40 .mus c, �a a� H SUPPLY AGREEMENT NO. 1429 Gate Valves 'Ga �uan<Q 1852 THIS Gate Valves Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Gajeske, Inc. ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Gate Valves in response to Request for Bid No. 1429 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Gate Valves in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-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 $362,589.54, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Name: Robert Presnell Department: Finance - Warehouse Phone: (361 ) 826-1750 Email: RobertPR@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers St. Bldg.6, Corpus Christi, Texas 78415 Fax: N/A IF TO SUPPLIER: Gajeske Incorporated Attn: Casen Doeppenschmidt Regional Manager Address: 6200 N. Houston Rosslyn Road, Houston, Texas 77091 Fax: (210) 695-4441 17. SUPPLIER 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 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 SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and 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 Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 SUPPLIER Signature: A3��2� Printed Name: 6!:!4a t Lam Title: d orttler' Date: / — 41 — /8 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1429 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide gate valves for the City's Warehouse as outlined in this Scope of Work.The gate valves are used by the Utilities Department for new service and maintenance of water and waste water lines. 1.2 Scope of work A. The Supplier shall provide gate valves, as outlined on the bid/pricing schedule. These requirements cover various gate valves used by the City. The products will be used to restock the City's Warehouse. B. The Supplier will cross reference the City's stock number listed on the bid pricing sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 1.3 Contractor Quality Control All gate valves will be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Special Instructions A. Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition.Supplier must arrange for the return shipment of damaged products. B. Supplier shall ship the materials in a specified time frame dictated by the Department Requestor to: City's Warehouse located at 5352 Ayers St., Corpus Christi, Texas 78415. C. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. D. Receipt of products that do not conform to specifications will not be accepted by the City. E. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. F. Cancellations shall be in writing and sent to Supplier by email, fax or mail. G. No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. Attachment B Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RPB No. 1429 Gate Valves Date: 1210812017 PAGE 1 OF 2 GAJESKE INC Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid, 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in, good standing with all applicable governmental agencies. d. Bidder acknowledges,receipt and review of all addenda for this RFB. 4. 7-7 '�u$t not write ever or revise the .i�id. f' � wiiil be considered N u, a N the,bid form is modified. 1 City Stock No. 3193 - 3" Flange x Flange EA 72 , $ 265.40 $ 19,108.80 w/hand wheel, AMFC, AFC2593FFOL 2 City Stock No. 3194 4" Flange x Flange EA 60 $ 296.57 $ ' 17,794.20 w/hand wheel, AMFC, AFC2504FFOL 3 City Stock No. 3195 - 6" Flange x Flange EA 36 $ 396.18 ; $ 1-4,262.48 w/hand wheel, AMFC, AFC2506FFOL 4 City Stock No. 3196 - 8" Flange x Flange EA 24 $ 619.43 $ 14,866.32 w/hand wheel, AMFC, AFC2508FFOL 5 City Stock No. 3198 - 10" Flange x Flange EA 18 $ 983.68 $ 17,706.24 w/hand wheel, AMFC, AFC251OFFOL 6 City Stock No.3197 - 12" Flange x Flange EA 12 $ 1188.03 $ 14,256.36 w/hand wheel, AMFC, AFC2512FFOL 7 City Stock No. 3411 - 4" MJ x MJ w/square EA 72 $ 299.12 $ 21,536.64 operating nut, AMFC, AFC2504TMLAO 8 City Stock No. 3334 - 6" MJ x MJ wJsquare EA 108 $ 381.88 $ 41,243.04 operating nut, AMFC, AFC2506MMLMOL 9 City Stock No. 3335 8" MJ x MJ wJsquare EA 72 $ 607.68 $ 43,752.96 operating nut, AMFC, AFC2508MMLMOL 10 City Stock No. 3336 - 10" MJ x MJ wJsquare EA 12 $ 947.41 $ 11,368.92 operating nut, AMFC, AFC2510MMLMOL 11 City Stock No. 3387 - 12" MJ x MJ w/square EA 18 $ 1198.76 $ 21,577.68 operating nut, AMFC, AFC2512MMIMOL 12 City Stock No. 3194 - 4" Tapping Flange x MJ EA 18 $ 377.28 $ 6,791.04 wJs uare operating nut, AMFC, AFC2504FFOL 13 City Stock No. 3195 6" Tapping Flange x MJ EA 90 $ 532.59 $ 47,933.10 w{s uare operating nut, AMFC, AFC2506FFOL 1`4 City Stock No.3196 - 8" Tapping Flange x MJ EA 48 $ 791.09 $ 37,972.32 w/s uare operating nut, AMFC, AFC2508FFOL _ 15 City Stock No. 3197 - 12' Tapping Flange x MJ EA 18 $ 1801.08 $ 32,419.44 wJsquare operating nut, AMFC, AFC2512FFOL Total $ 362,589. 4 Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 policy by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that,with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing Order and Delivery of Goods 10/27/2017 sw Risk Management Attachment D- Warranty Requirements AMERICAN AVK COMPANY TEN (10) YEAR WARRANTY RESILIENT WEDGE GATE VALVES American AVK Company warrants its Series 03, Series 18, Series 25, Series 45, Series 55, Series 65, and Series 66 Resilient Wedge Gate Valves to be free from defects in workmanship and materials for a period of ten (10) years from the date of shipment from American AVK Company. American AVK Company, shall have no obligation under this warranty unless it is notified of claims hereunder promptly and in writing upon discovery thereof and within the warranty period, and unless the product is delivered to the American AVK Company facility within thirty(30)days of such notice. American AVK shall have the right to inspect said product before it is removed from installation. If the product is removed from installation prior to approval from American AVK this warranty shall be void. As to motors, gearing or accessory equipment- purchased by American AVK Company from others manufacturers, and used or incorporated into American AVK Company's products, those manufacturers' warranties shall apply. American AVK Company will honor all reasonable costs to repair or replace any American AVK Company Check Valve found to be defective. American AVK Company's sole responsibility shall be, in its sole discretion, to replace the product with the same or a similar product, repair the product, or refund the price paid for the product provided the product has been properly applied and used under normal service and under conditions for which it is designed. American AVK Company shall not be liable for indirect, special, incidental, or consequential damage or penalties and does not assume any liability of purchase to others or to anyone for,injury to persons or property. THIS IS THE EXCLUSIVE WARRANTY GIVEN IN CONNECTION WITH THE SALE OF THIS PRODUCT. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY, OR ANY EXPRESSED OR IMPLIED WARRANTY OF SUITABILITY FOR ANY PARTICULAR PURPOSE, GIVEN BY AMERICAN AVK COMPANY IN CONNECTION WITH THIS PRODUCT. American AVK Company 2155 Meridian Blvd Tel: (775)552-1400 sales@avkus.com Minden, NV 89423 Fax: (775)552-1031 www.americanavk,com ... Al rl? se 00 � 0 E AGENDA MEMORANDUM NCORPORP11 Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM(dr cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2Ca)cctexas.com (361) 826-3169 Continual Rental of One Komatsu Dozer for Solid Waste Operations CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to Service Agreement No. 52422 with Waukesha-Pearce Industries, LLC, of Dallas, Texas, for the rental of one Komatsu dozer for Solid Waste Operations for an additional six-month term, as required for public health and safety, for a not to exceed amount of$49,050 for a revised total agreement amount not to exceed of$91,525. PURPOSE: The purpose of this Agenda Item is to extend a rental contract for a dozer. BACKGROUND AND FINDINGS: The dozer has been utilized in a pilot program to use water treatment residual from O.N. Stevens Water Treatment Plant to blend with mulch to produce a product suitable for alternate daily cover material to be used at the Cefe F. Valenzuela Landfill. On November 28, 2017, the City received authorization from TCEQ to proceed with the program. The blending process to mix the residual and mulch kicked-off upon soon after. The original five month Agreement was approved by staff at a cost of$42,475. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to the City's purchasing policies and procedures and State statues regulating procurement. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Current Year Future Years TOTALS 2017-2018 Budget $92,810.95 $0.00 $92,810.95 Encumbered / $43,760.95 $0.00 $43,760.95 Expended Amount This item $49,050.00 $0.00 $49,050.00 BALANCE $0.00 $0.00 $0.00 Fund(s): General Fund Comments: The continual rental cost of$49,050 is for six months of rental payments, which is funded in FY2017-18. RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Lease Agreement CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION KOMATSU DOZER CONTINUAL RENTAL SIX-MONTHS TERM Big Truck Rental Tampa, Florida ITEM DESCRIPTION UNIT EXTENDED QTY.1 UNIT PRICE PRICE 1 Komatsu, D65PX-17 6 1 EA $8,175 $49,050 Total Price: $49,050 0 `Pq Amendment Cot of Corpus Christi Y p - Purchasing Department Date: January 16, 2016 Service Agreement No.: 52422 ® Dozer Rental for Cefe Landfill Amendment No. 1 Service Agreement Current Value: $42,475 The CITY OF CORPUSCHRISTI, TE , hereinafter referred to as the City, and Waukesha-Pearce Industries, Inc. Corpus Christi, Texas, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Service Agreement No. 52422 and all other duly executed Amendments, constitutes the entire agreement under the above-referenced Service Agreement between the City and the Contractor. I This Amendment modifies Section No. 2 - the Term of the Service Agreement to extend the term by six months, for a new term of 11 months. 1. Original Agreement Performance Dates ® 07/25/2017 ® 12/24/2017 2. Revised Agreement Performance Dates ® 07/25/2017 ® 06/24/2016 11 This Amendment modifies Section No. 3 ® Compensation and Payment of the Service Agreement to increase the agreement by an additional $49,050 for a revised total agreement amount not to exceed of $91,525. The Contractor and the City agree to and shall abide by all terms and conditions of the original Service Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. 1 Cris Perez Date Maria Pedraza Date Waukesha-Pearce Industries, Inc. Procurement Manager Branch Manager City of Corpus Christi, Texas i SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 30, 2018 DATE: January 22, 2018 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager KeithSe@cctexas.com (361) 826-3898 Convention and Visitors Bureau Proposal for ReDiscover Campaign STAFF PRESENTER(S): Name Title/Position Department 1. Keith Selman Assistant City Manager City Manager's Office OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Paulette Kluge President/CEO Convention & Visitors Bureau BACKGROUND: Following Hurricane Harvey, the region needs to be reminded that Corpus Christi and surrounding communities are open for visitors. LIST OF SUPPORTING DOCUMENTS: PowerPoint—Convention & Visitors Bureau Se o� A U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 30, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Department Overview STAFF PRESENTER(S): Name Title/Position Department 1. E. Jay Ellington Director Parks & Recreation BACKGROUND: During the July 11, 2017 City Council meeting, the City Council made a motion directing the Director of Parks & Recreation to provide an overview of the Parks & Recreation Department. LIST OF SUPPORTING DOCUMENTS: PowerPoint — CCPR Department Overview WO im 1uw C,c"I'l,rPs,..l4w PIMA', a^Y�f'-ArCA IFIMN Department Overview Enriching the Quality of Life. Stimulating Economic Development. , Council Presentation January 30, 2018 Vision �E a� � f a A K rf ori r c,o," F31,9\u 2,u "iPt' If I why I Utl�lei'"Mm'q/0.T 14J C,p �suN I��I I �. C qpa W3 " 26"k N � MN � MPLAY Management Team Structure �s Aipt Total.Budged $26,112 9'31 6 Dp mt ng F udgms a�Exn�o� Great A o04 Total.Pepartment, FTF , 3:25 24 FmuH Turtle 17 €' rt Time _wwwww,wwww_ww — my 81 Selsonal rozen m ,9„ wd � I 3z,z �2a�s L .e to r Commissions & Committees 1, Parks and Recreation Advisory Committee . Arts & Cultural Commission . City Council's Youth Advisory Committee ,26rein enn) � ® � 9. 4. Commission on Children & Youth , . Committee for Persons with Disabilities f9,rn rnhe-s) 6, Community Youth Development `7 41 " Program Steering Committee pq,-,em�rr) 7. Mayor's Fitness Council (9n b m,, 8. Leadership Committee for Senior Services y Mayor's Council on Aging 1 .i etir d and Senior Volunteer Program Advisory Committee ' ,w,w: 11.Senjor Companion Program ,advisory Committee 12.Tree Advisory Committee 1.5m,pb,;s) 1 . at rshore and Beach Advisory Committee ('qmemjbers,e Key Partnerships & Community Supporters Carpus Christi ISD Flour Bluff ISD � ti:7 w �G — d T . l Calallen ISD West Cso15D Nueces CountyrrLDMy"AI ��4 a��r vcsra� Nueces County Historiical Society flti Corpus Christi Convention&Visitors Bureau .l' ° Weli Med Charitable Foundation „ H-E-B IFoundatuorn �"'ORPUs C n IRISTaPlpn>, Coastaid Bend Community Foundation ��pIIV1111111Ji�/11 f Corpus Christi Tennis Association rwc i M,�ar,Chrqh Friends of Old Bayview Cemetery T^ r�<<, Padre Island Property Owners Association Local Donations(park benches,trees,etc.) �� s (Metropolitan Planning Organization Nueces Master Gardeners&Grover Local(pending) cx Adopt a Park Building vibrant communities through volunteers&parksf' a � � 4 R w �„ ✓�n,, r r f� ��'�OWI I � r jai r J l �r Program Services r ray-(i oa Ir/ir rl � /,ilii d � r rr rlri i/ (r Program Services r N now", i OWWaw0u4� � "owan�w�a .0 I � r I t � ry D � D e t / /4 %..Afi/, Economic Benefits .AAF GarTleS o texas Sut1 t-ne 201,x'-2.01-3- Ove r -3Ower 1-,0100.4 Viisitors ► f�j MV,itlIbn C oc,aI_ Ecc I Hostingthe � t AAF Games of Texas Surnmer2020=20211, ;.' Senior Community Services m R I !xp• ' .1.. V/ ^4 L Senior Community Services / Beach & Natural Resources 111,14 . gym w Beach Natural Resources .12 � r � rn �4M1 r� r .1..3 D Park Operations u ,yl� it l�f, ro�yVu�w ,,a oy 7,F r yDla fNJD�//lni!/JDt7✓rvJlmlNclllTliIPIVF6"vADG' n�i / „� %llll1lJJ11IJ�1� ;��„ f/ �r .1..4 Park Operations lim yy rr,a J r Park Operations " 011 Iris ecffons D.4y Jyl M,,,rrr-Fei Vd—H Oen—r,f M.Whl hy— 'Sea,¢+rrully(trr ll, ",r:,rzrtarrrally(trcaik., P Day IA Duy 21 D.y pl,�yq—,,d'Fa-1c; lY'iC�IPP eylve 'Ift) en8kr) A.eri4y Anri-I Arrnucl Anr,,d II I/A H/A eed1 d Winter —eod Iv.tiv, g'..,eed ,rrry Witdfl..—eraary WM1'Bd fl,cwrers r—c.e .le (with a u. ether ea 1h d ., F rrt'st C,aratra� A11,11.1' l ..el S r rr rrde. IPM, d r&ot'rr'r aF i IPKI spot f ,catr,ml 4 ct e¢cr,." S.k gr-, 'µ"AY fYt Veit r,pr�ay 1ppYf;n,ff)ft in p5�.r ,5'' r,in Pm o nm Idfl Ar zrcnea Id Flo ,r zanee FMrfiGfy M h Oiologi-;O M,i:roLife 9i6ogical Minirrral II/A P•l/,A Itvro F+:;vfi0ra roric," ll)Z'arrtafrrnta P.,y,rar,un as p.+ yea,,or na det��irY—ed by SSI""}ll do cmiiined by tiN q Plq lyP'.1' t,YVolya'is lrri£7+r'€ori mart auiornot,�,d Ar.rtrct�:rtIpd N.irricrtal'iun N/A r I/A uff€, nary Daily(moan-F,) PI wveeyldy vvc.o v Pubf,or<,an daily, wvkaacaa p,ee by vu6r..rnlwer,4 F„acepfac,le, Unity Judy(M,herr,-I=ri} NI 4N—Hy Weekly Fl,bk ares dolly, cn wildsc: by '^ vnlra rrteerr F..,11le& D.,ly h/A ti/A I'J,IA rliA .ihrud 1'r.—., —., —1 fle fi— 'Ihr... r'.dali n R,.y.., -tot nr 'rdnnrce driven i lone Pal— F'l—rnnual An ,-O Ann u.H E,ely other ye., No,,Y Fea C ntccA Fir f and Fr-,rit—and F—,-hW'e F -thre claxne IPM re:..iivr,IPM. F,,fyvty Liquid t+li.,f,-J, Ti Rol IG--:j I`I.€rpl II.- M1Is,�n Gr r,r np,letnr wrtth"ac F. ;txmpl f qr..,t,.'+Ply eI.r—t,—ritNy HGriicultunal Arini,alswith3 hufi p,.renniud Wlbdo—,, wildflow— Wildflowem D,sp>Iaym' rofat'icrrv,per—riiclx ndud`iny:p tropic a,, c;ur+y o4 uM,RrkS/ nAr:irrthlyr I a rnwr hlryrle., rm,rr�e UFSpI,x}n5 .�.kA Parks Facilities ;°All 1a°�`4 �G R n Ilu .1..7 jP flhtt Parks & Facilities �IIIIIIIII SII F `1„ �� � III IIII � II VIII v TiYP P ry Alf ihF p>Alk in f7olin YA I;IIr1Atl Lxiiu v�nelka R In yl�o-tar� unit,v -M,s Tit,,kyc,u tot Ity 3t Coil (;Inti for all LlpdAt«d IlStl BSkkGfll f' P.FIV �^ nl k: Ti or,wdl City of Corpus Christi Parks �. ' All 111,171;. � I Sf3 hAYi,Yr 9 I� Itr f I n<I xPYk `i ra nnea A, R.m raars 6 R:unctl �Ot CommunitySpecial Events � � y a w .0 f.. ryp f aC Y u .1.. Initiatives Natiinnall Accredliitatiorn Oso Eay'Wetlands Preserve ai mu The Water's Edge ('z)New Hlliike&PlkeTraills wre Revitalizing Pends&Parks einvestr-nentofParkllalnidSales r/ �pdatling Park Master Plan � ` u f � f a � o goy J/ may\ Park Development Resources e = a<, . 4« »° � <, � ■ � � ° . ?:yT � �« ■ ». ,« � . * � ?� a � \ . ! : m D Challenges li r� �� ��� ym % o �1,,✓i � F"7 q I ro rju ))) Wr i y 1 rr� 2.2 6/ City Budget Facts 4ill�'it i 3 i' G0P3 r0 �;�Pldlli �r �;,"ll ,,,,,,, III ly p�11 is c,;u;,,III I l III s T 111 PAR lou', 4 Se o� A U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 30, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Tennis Update STAFF PRESENTER(S): Name Title/Position Department 1. E. Jay Ellington Director Parks & Recreation BACKGROUND: During the January 16, 2018 City Council meeting, the City Council made a motion directing the Director of Parks & Recreation to provide an update on Tennis. LIST OF SUPPORTING DOCUMENTS: PowerPoint — CCPR Tennis Update WO im 1uw PIMA', a^Ytillf'-ArCA IFIMN Tennis Update Parks & Recreation Department (PARD) Council Presentation January 30, 2018 ° History & Status � • 10/2016 - RFP #172 Advertised, 5 Addendums. • 2/14/17 - First Reading, City Council tabled. • 3/21/17 - Rejected by City Council. • 5/16 — Council approved temporary contract with Sweet Spot Tennis. lr • 9/24/17 — RFP # 1333 Advertised. • 10/25/17 — Proposals due. • 11/17 — Conducted Desk Audit of current contract. • 12/17 — Conducted Stake Holders Meeting. • 1/18 — Committee made decision on RFP. • Currently, under contract development. • Mid-February— will bring recommendation to Council action for consideration. ��s Aipt �;�Pldlli r ',,,,,,, III ly p is ° c {rllllI l III s T 111 SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 30, 2018 DATE: January 24, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 361-886-2603 Update on Animal Care Services STAFF PRESENTER(S): Name Title/Position Department 1. Mike Markle Chief of Police Police 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND : Update on Animal Care services. LIST OF SUPPORTING DOCUMENTS: PowerPoint—Animal Care presentation 01.30.2018 Alanis Report on Animal Care Services Council Presentation January 30, 2018 Animal Care Services Staff � II I r Iy Mission • Educate • Enforce • Assist • Protect :u Overview i M� Y \ • Animal Rescue • Stray Animals • Pet Adoptions • Licensing ,, • Lost Pets • Investigate d 2017 Statistics • Calls for Service: 19,684 • Live Release ( Dogs) : 2,635 (87.08%) • Live Release (Cats) : 649 (61.69%) 2017 Statistics R /r r/ (i 2017 Statisticsq �i, Investigations • Unregistered Animals • Humane Animal Care • Keeping More than 6 Pets • Tethering Common Violations 6-151(a)Failure to Provide ❑ Food/Water/Shelter ❑ 6-26(a)Failure to Obtain City License 116-151(b)Failure to Provide Veterinary ❑ 6-126(a)Failure to Obtain Rabies Care Vaccination ❑ 6-151(d)Abandoned/Neglect ❑ 6-155(a)Keeping More Than Six Animals ❑ 6-151(1)Unsanitary Conditions ❑ 6-101(a)Dog Free of Restraint ❑ 6-151(p)Tangled Tether ❑ 6-101(b)Public Nuisance 9 The Process u i���Vmoim ww im�m wmsu'um Animal Care If contact is not Re-inspection Compliance is the Officers are successful, then a determines if best outcome. dispatched to Notice of Violation the violation(s) Owners who do location to verify is left at the has been not comply, could violation. Attempt location, outlining brought into face removal of the to make contact the procedure to compliance. animal and further with owner (if bring compliance. citations. known) or witnesses. Trap Neuter Release TNR • Cats are Humanely Trapped • Spayed/Neutered • Ear Tipped • Vaccinated • Returned to the Habitat Trap Neuter Release TNR f 12 Future in CCACS • Hire a Full Time Program Manager • Expand Rescue Group Partnerships • Complete Construction of Kennel Area V Questions? �d AGENDA MEMORANDUM 011 for the City Council Meeting OfJanuary 3O' 2O18 DATE: January 9. 2O18 TO: Margie C. Rose, City Manager THRU: Mark Van V|eok. Assistant City Manager 301-820-3082 Dan Grimsbo, Executive Director ofWater Utilities (301) 820-1718 FROM: Gabriel Ramirez, Assistant Director ofWater Quality and Treatment Gabriel Ra-cctexas.com 301-820-1202 UPDATE TO CITY COUNCIL Water Quality Projects STAFF PRESENTER(S): Name Title/Position Department 1. Gabriel Ramirez Asst. Dir. of Water Quality @ Treatment Water Utilities 2. OanGrimsbo Executive Director ofWater Utilities Water Utilities BACKGROUND. This presentation will provide anupdate onprojects desi0nedtostabi|izevvsderqua|ih/ inthedistribudon system. DOCUMENTS:LIST OF SUPPORTING Water Quality Projects Update January 30, 2018 V Water Quality Progress • Objective: Improve and stabilize water quality in the City's water distribution system • Action: City adopted a holistic approach and has implemented actions to address the following areas: — Source — Treatment — Distribution System • Status• — Significant improvements in the stability/consistency of water quality have been achieved — Longer-term CIP projects are currently underway to continue to improve overall water treatment and distribution. 2 N , Water Quality Progress Analyzers for finished water monitoring at O.N.Stevens Water Treatment Plant Complete Tank Mixer for Flour Bluff Elevated Storage Tank Complete Sampling Program for Elevated and Ground Storage Tanks Complete Chlorine Dioxide Annual Chemical Costs Complete Chlorine Dioxide System Improvements Complete Navigation Pump Station Booster Station Complete Tank Mixer for Navigation Pump Station Complete In Progress-To be delivered by Pilot Plant for O.N.Stevens Water Treatment Plant February 2018 In Progress-To be delivered by Granular Activated Carbon Pilot Study Spring 2018 3 Pilot Plant System and Testing Objective • Evaluate Changing Water Quality • Test Alternative Treatment Strategies • Optimize System Performance Status u • System Design: Cr....1rn7,:l e,1,.e • Pilot Construction: Cc.lrn ,:fle,1,.e • Anticipated Installation: II ebii ea u y 2018. 4 Source Water Project • Choke Canyon Spillway Gates Repair Project r , 5 Treatment Project Solids Mz agement Obiective • Minimize impact on water quality • Improve operational flexibility • Prepare for long term operations Status • In Progress • Phase-1 completed: August 2017 gin:f • Anticipated Completion : Phase-2 by 2018 6 Treatment Project River Raw Water Objective Pump Station • Increase reliability of water delivery • Reduce operational cost • Ultimate design flow 200 MGD. Status .1 • Selection of Engineers: : • System Design. Cc.'..1rn7 :lle,1,.e • Anticipated Installation: 2011118 7 " 0 Treatment Project Raw Water and Chemical d,,, IVP° uuu uuuuu Feed Im rovements P Objective • Update Chemical Feed Equipment • Improve Chemical Mixing • Optimize System Performance i Status e µ • Selection of Engineers: sneers: C,Oin;zfc�tc," • System Design: ,,t %;': Distribution System Actions ACTIONS TAKEN: IN PROGRESS: • Dead end main mitigation- 74 • New analyzers at Staples in 2017 and Sand Dollar Pump Stations • Back-up power for Navigation and Staples Pump Stations • Replacing 8" water line across Oso Bay with a 12" • Additional pumps at Staples line Pump Station • Replacing two 36" valves • Performed chlorine sweeps and and one 48" valve in the valve sweeps and corrected 65 water distribution system valves found out of position 9 Distribution System Project • Construction of High Service#3 at O.N. Stevens Water Treatment Plant , • Willp rov i d e pressure and control of water being pump to the distributions stem Y 10 Distribution System Project • New Elevated _ Storage Tanks at Holly Road and Rand Morgan r 1 11 ik M' Distribution System Overview """f,m.•w"LJ-^�^�*"^� w,^.I,i� ..ww DISTRIBUTION SYSTEM OVERVIEW j ia // �aaaaa�aaaaaaaaa N. /r asPsk a % _ ,� ave usi / 9 a al mgl � z ' 40W Psk ei�✓ � //�: tl IWAIEN DESA—EN-CADA—EM INDEX 12 SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 30, 2018 DATE: January 9, 2018 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director of Planning & ESI DanielMc@cctexas.com (361) 826-7011 Briefing — Proposed Annexation Policy Update STAFF PRESENTER(S): Name Title/Position Department 1. Daniel McGinn, AICP, CFM Assistant Director Planning & ESI 2. Keren Costanzo, LEED AP, AICP Senior City Planner Planning & ESI BACKGROUND: The Planning Department will be providing a presentation to update City Council on the status of the proposed annexation policy. This item was originally presented to the City Council at a workshop on March 30, 2017; and an update on the process was presented during a workshop on July 6, 2017. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Proposed Annexation Policy Exhibit A— Prototype of an Annexation Policy Exhibit B— Prototype of Petition for Annexation Application Content Proposed Annexation Policy r� City Council Presentation January 30, 2018 Overview ➢ Review new State Legislation ➢ Review Process to-date ➢ Determine Next Steps z x r New State Legislation: S.B. 6 i ➢ Tier 1 and Tier 2 Counties and Municipalities • Nueces County (Corpus Christi) and Surrounding Counties are Tier 1 (less than 500,000 in population) • Voters can petition to become Tier 2 (more restrictive) ➢ Any policy is a living document — State Legislature will address annexation every session 3 w New State Legislation: S.B. 6 Population County Tier 1 or 2 county (Census 2016) Houston 2,303,482 Harris 2 San Antonio 1,492,510 Bexar 2 Dallas 1,317,929 Dallas 2 Austin 947,890 Travis 2 Fort Worth 854,113 Tarrant 2 EI Paso 683,080 EI Paso 2 Arlington 392,772 Tarrant 2 Corpus Christi 325,733 Nueces 1 Plano 286,057 Collin+Denton 2+2 Laredo 257,156 Webb 1 4 f \ Texas Cities with Annexation Policies (Population Over 300,000) luuuui a Vuu a luuuu uui uui�uu m viii mM'u uiiiui a lii a uui�� Ilmuu uu a uuu ui'lii uui�uu a Vui uM'u uui uuiou Vui uuioi a uuuu a u uuu Ilk San Antonio Houston Austin Dallas Fort Worth Arlington EI Paso Corpus Christi 5 Corpus Christi Annexation History City of Corpus Christi, Texas Annexation History Legend o y C8y^4lmlts 196w�1909 71 IIII 9e �4rtgkna�1852 a 1970-1679 1620-929 1686-9909 •'�' a1 1930-1939 1994➢-1999 1940-V949 2000-2009 1999-1969 2616-present r 4 2.5 5 10 iM01es v •' � n�tl. 6 Process To Date ➢ March 30, 2017 City Council Workshop ➢ April Stakeholder Meetings — Background Information ➢ May 12, 2017 Stakeholder Meeting #1 — Reviewed working draft ➢ Second half of May, 2017 — Proposed text edits received ➢ May 31, 2017 — Presentation to Planning Commission describing process ➢ June 1, 2017 —Stakeholder Meeting #2 — Discussed proposed edits ➢ July 6, 2017 — City Council Workshop ➢ August 15, 2017 —851 State Legislature Special Session Concludes ➢ November 10, 2017 —Stakeholder Meeting #3 —Update and next steps ➢ December 13, 2017 — Briefing to Planning Commission Proposed Criteria Northwest Planned s` Development Area Southside Planned Development Area 1 I M �,a„' � � iuyu',11�!U� ,'"�pr1u✓'M '�idyy,y�,u, �,. „. Economic & Fiscal Health & Safety ',.. 'mlf>'�v2o�ltn.'g1�9.Al�LOF4E8l�' � •, 9i�E lY Y"�Lvur. nsz�-' Municipal Services Intergovernmental Relations Non-Annexation a x i Direction From Council Overall Process Guidance: ➢ Need a policy that works for Corpus Christi ➢ Everyone knows what the rules are ➢ Needs to be something we can live with — not discourage or kill development ➢ Keep Searching for the right mix that works for our community ➢ This is not easy and will require taking one step at a time ➢ Aim for a policy within the next 18 months Document Specific: ➢ Reduce cost burden to applicants ➢ Conduct fiscal impact analysis in-house, have model prepared ➢ Nominal per-acre application fee ➢ Rephrase "green infrastructure" to specifically address peak and total storm water flows ➢ Dedication of land requirement too burdensome 9 w Areas of Common Interest IIII �� plron .r.,.,E, �epma. ue ry ....... " �� IIIII IIuu ecclncrmy Infiastructure Iev�d n ,ble �p ���u urbarrvgrowthboudanes urbantimulE mart rowth ���ar0res ]obS ature�ao�omic- Yes ' 'Gla�r ©5.tl- (�peull Sbll�.�hra<�pcnty sprawl expensive re'poraibl city n fell-develnprreent 1, rbangrowth-boundary popule lion No doll taeke�.Nespon�es not accepisi. io 1 i Ikn;Ah 1.7 11Z I ,ices IppII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�� 1—h 11 I ny�,vv,l�v�VVVVVVVVVVVVVVVVV��� °'°°�g�,"�m�`°'�IIIIIIIIIIIIIIIIIIIIIIIIIIIII° 10 w Areas of Disagreement Strop Sly Agree M +1=4 hat Somew agree111111= +1=3 Unsure Somewhat a A... 6flp 7, illlllllllllllllllllllllllllllllllllllll 1 111111111111 Disagree ® stlrongly Ally xcn[r IR t At i 11�7/ 9 1 2 3 4 5 6 7 r..a SI o�It,Ak 1 ���Y,.at4tt J 11�% aly '. Note:Includes tabulation of written surveys,for a total of 14 results. Total ae:wan:.iz U yt"tY' [iatectn t rs ShnuVd 1. VIII, R 1 �rar II v tn,i 11 IIIVIIpVI� {luly Ph�titinirirr Annc.uatinn Sh-su4d '',. RNejulre;.r Flsr.,nl lier(�uct hnalYels III VIII Sl it aftl Rw,�u r.,o FlAnl it t�ncAhal�x j�.II�II�II�III��IIIINW Illk "Ar-1R 11 Lack of Consensus . .... . ... ........ b 2 < b B 10 Gra ,........ ..i.i.�i. + 2 = 5 M,ybe IMMENIMEMEM 0...............................................................................................................4......................................................... 6......................................................8 Note:Includes tabulation of written surveys,for a total of 13 results. ,o,ai Res�ie�.u 12 Stakeholder Viewpoints (Pros) Pros of an Annexation Policy: ➢ Sets Ground Rules ➢ Need a starting point ➢ Prevent impulsive annexation ➢ Protect current tax-rate payers ➢ All annexations are judged on the same criteria ➢ Opens door to expansion inter-regionally in addition to up and out ➢ Can assist in addressing affordable housing ➢ Agreement on the outcomes of an Annexation Policy, i.e. what the benefits are for developers and citizens 13 x r Stakeholder Viewpoints (Cons) i Cons of an Annexation Policy: ➢ Could limit growth ➢ Will this help or cost citizens of Corpus Christi? ➢ Inhibits growth ➢ Blindly follow policy ➢ Policy gets mired down in government process — becomes a monster ➢ Slows down the building process ➢ Can't see going forward with this policy ➢ Redundant— UDC already set structure/ Lined out in UDC ➢ State will trump or overrule what is done ➢ Will become a hurdle for all projects and add costs for residents ➢ London & Calallen are viewed Guinea Pigs ➢ Pre-development/soft costs must be capped. 14 w No Clear Options to Move Forward oA 15 Next Steps ➢Context: ➢Any annexation action, whether City-initiated or by petition from owner will require staff to present information to Council for decision-making purposes. ➢Option 1: Move forward with direction to staff to prepare a policy or guideline document detailing requested information to be provided for annexation actions. (See exhibit A) ➢Option 2: Move forward with direction to staff to prepare an application document detailing required information to be provided for annexation actions. (See exhibit B) ➢Option 3: Direct staff to cease work on this item. 16 Extraterritorial Jurisdiction z 44 Imo % Web Staple o ------------------------ Corpus Christi Extraterritorial Jurisdiction(ETJ) 17 EXHIBIT A City of Corpus Christi Annexation Policy—Working Draft Document Purpose:The purpose of this document is to describe the City of Corpus Christi's Annexation Policy.The Annexation Policy provides the guidance and rationale for the consideration of areas within the City of Corpus Christi's extraterritorial jurisdiction (ETJ) for annexation. The intent of the Annexation Policy is to implement Plan CC, the City's adopted Comprehensive Plan, by providing City Council with specific, objective, and prescriptive guidance for making decisions about annexation and other issues within Corpus Christi's extraterritorial jurisdiction (ETJ). In addition, Plan CC has designated two potential annexation areas tied to a Master Planning Process or Area Development Plan Process. Per Plan CC, the goal for annexed land shall be orderly development which is managed by local government according to an adopted land use and utility plan. Areas designated in Plan CC include, roughly, 4.6 square miles in the Northwest Area and 8 square miles in the Southside Area. Background:Annexation is the legal process that adds land to the corporate limits of a city. Annexation allows formerly unincorporated properties to receive municipal services such as police protection, fire protection, and garbage collection. Controlled annexation can yield a more efficient land development pattern responding to population growth and economic development opportunities,while ensuring effective delivery of services. The extraterritorial jurisdiction (ETJ) is a legally designated area of land located a specific distance beyond a city's corporate boundaries that a city has authority to annex. State statutes define the size of the ETJ boundaries according to a city's population.The statutes allow a five-mile ETJ for cities in excess of 100,000 in population. Corpus Christi falls into this category and has a five-mile ETJ. (, Y 0I CORPUS (,("{RIS` I AIwWHNH A.L.ID'4 POLICY VANU Ih Y 30, 2018II)IIR II..IL.I IN II RODUC If llON .1 EXHIBIT A The City will evaluate property owner-initiated annexations and City-initiated annexations based on the following Six Policy Statements and associated criteria: 1. The City of Corpus Christi will consider annexation to protect public health and safety by: a. Providing zoning, land use, building codes, and other development regulations; promoting and maintaining safe living and working conditions and sustainable development. b. Extending regulations before development occurs, on undeveloped land, where growth is anticipated. c. Preventing unregulated development in areas that: i. will have an adverse impact on adjacent areas within the City; ii. will have an adverse environmental impact; iii. will have an adverse impact on Military missions/operations, including advisories and determinations provided by the Department of Defense aid/or Federal Aviation Administration; iv. will have an adverse impact on the Port of Corpus Christi/j'0­nd navigable waters. 2. The City of Corpus Christi will consider annexation to prouide'municipal set es to: a. Residential, commercial, and industrial land uses,that would benefit from a level of service calibrated for a city rather than an unincorporate d,area. b. Jurisdictional pockets outside the city limits, but surrounded by the city, to provide logical planning and/or service delivery boundaries. c. Territories that establish contiguity required'forstrategic expansion of the City and its services. 3. The City of Corpus Christi will consider annexation where the property location is in: a. Areas contiguous to the City limits f6r whichdense urban or suburban development activity is anticipated; and b. Planned Development Areas asridentified.i the adopted comprehensive plan. 4. The City of Corpus Christi wilt evaluat annexation based on intergovernmental relations in order to: a. Protect its ability to expari`d its City limits. b. Provide municipal authorityover City-owned properties, including those belonging to City- owned utilities,.,ky annexir City-owned properties as soon as practical after acquisition. c. Preclude the creation of other competing political jurisdictions. d. Maintain the City's Aiiity to expand in the future and protect potential economic competition when evaluating requests for incorporations of new cities within Corpus Christi's ETJ. e. Address the viability of City-owned utilities when evaluating requests for Utility Districts or other Special Districts in the ETJ. f. Ensure that Special Districts in the ETJ do not create regulations that would not be in the best interest of the City. g. Provide services in coordination with service districts and utility providers, including, but not limited to, school districts, emergency services districts, public transportation providers, and utility providers. h. Promote collaborative relationships with other jurisdictions in the region. i. Provide consideration for the following factors prior to releasing any portion of the City's corporate limits or ETJ to another jurisdiction, or accepting territory from another jurisdiction: i. The exchange of areas of equivalent value with the other jurisdiction; CI()! CORPUS €,("{RIS I AIwtflN A.CIDN POLICY--.V I UAI: 30, 201 II)II� II II I SII'�ILlI 2 EXHIBIT A ii. Adequate land use control by the other municipality(as determined by the City)to protect the subject property and surrounding area; iii. The existence of distinct planning boundaries that define the current or proposed City limits and ETJ; iv. Fiscal impacts to the City's budget; V. The need for City protection of environmental or other resources; vi. The long-term effects of cumulative ETJ releases to other jurisdictions; vii. Suitability for designation as an Industrial District; viii. Ability to provide adequate municipal services to the area. 5. The City of Corpus Christi will consider annexation based on economic and fiscal impacts: a. Annexation of areas with proposed development that is fiscally feasible for both operating and capital improvements while maintaining current levels of service to existing residents. b. Annexation to ensure that areas benefitting from proximity to a large urban City are contributing revenue to offset the cost of providing services within an urban environment. c. The impact of additional population within the City limits to help procure state and federal funding for transportation and other services that are provided on a per capita basis. d. Annexation to keep economic activity, and associated tax revenues,within the City limits. e. Consider opportunities for agreements with other municipalities or regional/area service providers to assist with provision of services. f. For both City initiated annexations and petitions for annexation, a Fiscal Impacts Analysis will be conducted by City staff. See section on fiscal impact analyses below for further details. 6. The City of Corpus Christi will consider Non-Annexation Agreements for: a. Property owners that have Agricultural Exemptions, in accordance with state law. b. Special Districts,which shall include a statement that the property owner consents to future voluntary annexation and a negotiated annexation schedule shall be included. c. Areas willing to accept services,such as municipal water and wastewater, in lieu of annexation along with extension of City regulations and requirements. A negotiated annexation schedule shall be included.The area covered under the non-annexation agreement must pay the full costs of services provided by the City. d. Areas with taxing authority offering revenue sharing options in exchange for the agreement. e. Future and existing Industrial Districts. i. Industrial District 1 shall not extend south of 1-37. ii. Industrial District 2 will be protected from incompatible land uses. 1C v 0. CORPUS (, RIS I AIwtHNH.X;'\CID'4 POLICY--.WVJAIfRY 30, 2018 Il)IRAll:ll I RIA 3 I EXHIBIT A The City will require the following when receiving petitions for annexation: 1. An owner-initiated application will require the submittal of an annexation application.The application will, at a minimum, require: a. Ageneral development plan showing: 1) The dimensions and boundaries of the property; 2) Location of existing buildings and structures; 3) Proximity to existing water,wastewater, storm water, streets, and other public improvements; 4) A preliminary drainage plan for the project site using best management practices and prevent increases to both peak and total storm water runoff flows; 5) General arrangements of existing and proposed land uses; 6) The proposed zoning and density; 7) Development phasing; 8) The proposed street plan; 9) And proof of ownership. b. Public Infrastructure required to serve the proposed development and estimated costs; c. Projections of additional elementary, middle, and high school students the development will generate. d. Payment of an annexation application fee of$50 per acre,with a maximum fee of$50,000, or an amount as otherwise subsequently determined by ordinance of the City Council. 2. The City will consider the establishment of a Special District for the proposed area covered by development and annexation agreements to promote developments that incorporate higher development standards, such as the integrating a mixture of land uses, an interconnected network of streets, transportation alternatives to the automobile, and the provision of additional amenities. 3. A development agreement, detailing the obligations of the City and project developer and specifying the standards and conditions that will govern development of the property,will be required for the City to enter into an annexation agreement where the property owner is applying for annexation. (,I C J E.1! CORPUS (, RIS C I NwtlNH.XA; IDN POLICY--.WNUAIfRY 30, 2018 )IRAIF 11 I 4 ILII II Ih IRIA 4 EXHIBIT A Fiscal Impacts Analysis Details: 1. A fiscal impact analysis models the projected costs and revenues associated with the proposed development to determine the net fiscal impact of the development on the City. Such analyses would go beyond the provision of infrastructure, and would include city services such as police and fire protection, libraries, parks and recreation, and other city functions that experience increased demand for service from new development.The fiscal impact analysis must assess each phase of the proposed development. a. The Fiscal Impact Analyses shall be conducted by City Planning Division staff, in cooperation with pertinent Departments, project revenues and costs anticipated as a result of the proposed development. b. The Fiscal Impact Analysis considers both revenues and expenditures for proposed areas to be annexed using the development plan for the area and the current adopted City budget. Below is the methodology that shall be used for the Fiscal Impact Analysis. i. Expenditures: 1) Expenditures shall be considered for all municipal services to be provided. 2) Expenditures shall include annual operation and maintenance costs. 3) Expenditures shall include capital improvement costs. 4) Expenditures shall be based on an assessment of the services to be delivered, the level of service to be delivered and the estimated costs of providing the service. 5) Service delivery cost estimates shall be provided by the Department responsible for service delivery, guided by the selected consulting firm. 6) Expenditures may be estimated use average costing, marginal costing, or a combination of the two methodologies. ii. Revenues—the following shall be considered: 1) Property taxes from existing land uses 2) Property taxes for proposed future land use (based on current tax rate) 3) Sales taxes 4) Hotel Occupancy Taxes 5) Other revenues as applicable to the area being considered for annexation (e.g. other local taxes, user fees,fines, etc.) 6) Revenues may be estimated on per service population, per housing unit, per building square feet,and/or per acre basis, as appropriate. 7) A sensitivity test of revenue assumptions, such as assessed value of property and sales tax revenues, will be included in the fiscal analysis. c. Time Period of Analysis: The Fiscal Impact Analysis shall extend a minimum of 10 years into the future. If necessary,the timeframe should be extended to either: i. the year the proposed area for annexation is built-out, or ii. the repayment period for any debt that would need to be assumed to more accurately reflect the applicable revenues and expenditures. ( I PY 0. CORPUS (,(fl ISI I NwtPfl.),A' IDN POLICY— WNUA[W 30, 2018 )1:M::1l I Cll�ll II L,lIIIA 5 EXHIBIT A APPENDIX A: DEFINITIONS Agriculture Development Agreement: State law requires cities to offer a Development Agreement to area appraised by the tax roll as agriculture, wildlife management or timber management. If the landowner consents to the agreement,the City shall exclude the property from annexation for a number of years.The Agreement may include the term of the agreement and the landowner's consent to voluntary annexation at the end of the agreement term. Annexation may proceed if land owners decline to enter into an agreement or if at any time landowner files any type of subdivision plat or related development document for the area Annexation:The legal process by which a City extends its boundaries. Annexation Policy:A set of guidelines for making annexation decisions. Annexation Plan:See Municipal Annexation Plan. Average Costing:A type of fiscal impact analysis model.This procedure estimates the costs of a new development based on the current average cost per unit of service in existing,,development multiplied by the number of units the new development is estimated to create. It does nb� consider excess or deficient capacity to deliver services, and it assumes that average costs of municipal services will remain stable in the future. For example, a fiscal impact model could use the Code Enforcement budget to generate a current average cost per household and apply that average to the number of households included in the proposed new development. An,average costrcrdel can also be updated annually as the new City budget is adopted. Contiguous: Sharing a common boundary or border, or abut`t`inga,municipality's city limits; however, property will be considered contiguous to a city boundary/limit even if it does not actually touch that boundary/limit if an intervening property is subject to a development agreement guaranteeing temporary continued ETJ status; uch as foean agricultural exemption. Developed: Characterized by sighjficant site imoeo ernents, such as utility installations, paving, and in many instances, the construction of,7 or more structures. Disannexation:The legal procesS,by whit"territory is removed from the city limits for failure to provide services. A majority of the qualified voters of an annexed area may petition the City Council to disannex the area if the City"faijis to provide services to the area within the period specified by the service plan. Similarly,the City may"s"plk to dis fitlex an area if it determines that it is unable to provide municipal services to that area in actgrd,aCtce with state law. Extraordinary Economic Development Project:A commercial or industrial project that is eligible for property tax abatement and generates substantial benefit to the municipality. Extraterritorial Jurisdiction (ETJ): Unincorporated area that is contiguous to, and extends five miles from, the Corpus Christi City limits. In the ETJ, the City has the authority to annex and extend subdivision regulations.The area excludes other municipalities and their respective ETJs, if any. Extraterritorial Jurisdiction (ETJ) Release: An agreement to release ETJ boundary as agreed to jointly by written consent of two municipal entities. Fiscal Impact Analysis:A study that models the projected costs and revenues associated with a proposed development to determine the net fiscal impact of the development on the City. D Y Of CORPUS (,("{RIS I AIwtHwWlLXA.LIDN POLICY--.VANUAIfW 30, 20.185 ll)ll�a ll II I A1:11:11::1 INDIX A 11 EXHIBIT A Full Purpose Annexation: Full purpose annexation is the process by which cities extend municipal services, voting privileges, full regulatory authority and taxing authority to new territory.The City regulates land development in its full purpose jurisdiction with zoning, engineering, environmental, land entitlement and building code requirements. An area under consideration for annexing must be within the City's extraterritorial jurisdiction and contiguous to the boundaries of the city. Incorporation:The creation of a municipal corporation (i.e. "City"). Industrial District:An area containing an Extraordinary Economic Development Project for which a non- annexation agreement is issued for up to 15 years and is renewable to delay annexation and the extension of City taxes. Infrastructure: Facilities necessary to provide City services, usually referring to physical assets such as streets and utility lines. Jurisdictional Island:An unincorporated area surrounded on most sides by the City of Corpus Christi. Limited Purpose Annexation: Limited purpose annexation extends the City's planning, building, zoning, health, and safety regulations.The City assesses no taxes and the City is not required to provide full municipal services. Residents in this type of area may vote in City Council and Charter elections but may not vote on proposals to issue bonds, nor seek municipal office.Generally, areas annexed for limited purposes are annexed for full purpose jurisdiction after three years. Marginal Costing:A type of fiscal impact analysis model.This procedure relies on analysis of the demand and supply relationships for public services.This approach recognizes that excess and deficient capacity exits in communities. It models growth not in a linear manner, but as a more cyclical process in terms of the impact on expenditures. For example,a proposed project could necessitate that a new fire station be constructed to adequately provide service a new development. Municipal Annexation Plan:A document required by state statute that identifies areas to be annexed. Adoption of the Plan by the municipality initiates a three-year process that includes a public process and the creation of a Service Plan for the provision of municipal services after annexation. Municipal Boundary Adjustment:An adjustment to municipal boundaries agreed to jointly by written consent of two municipal entities. Non-Annexation/Annexation Agreement:Agreements authorized by Chapters 43 and 212 of the Texas Local Government Code and negotiated with property owners and adopted by City Council. Such agreements are often used in conjunction with the following: 1.An Industrial District for Extraordinary Economic Development Projects, 2.A Special Utility District or Public Improvement District that has taxing authority to pay for infrastructure improvements, or 3.An agreement for Services in Lieu of Annexation that may be negotiated with property owners who do not want to be placed in a Municipal Annexation Plan but have areas for which the City would like to extend regulations and services. An annexing municipality must offer non-annexation agreements to property owners who have Agricultural Tax Exemptions if the area is slated to be placed in a Municipal Annexation Plan.The IC v 0. CORPUS (, RIS I NwtlNH.X;'\CIt1N POLICY--.WNUA[W 30, 20.18s Il)ll�a ll:ll I A1:11:11::1 DII II EXHIBIT A agreement is only valid while an agricultural exemption is maintained and becomes void if development activity is pursued. Planning Study:A document required for Limited Purpose Annexation which provides a ten-year projection regarding anticipated development, proposed zoning, and anticipated public benefits gained from the annexation. Public Improvement District(PID):Authorized under Chapter 372 of the Local Government Code, PIDs are created only at the request of land owners via petition of more than fifty percent of owners of taxable real property liable for assessment under the proposed petition. PID creation is a discretionary act of City Council if Council finds that the establishment of a PID promotes the interests of the City. A PID may be established for the purposes of funding capital improvements as well as operational costs, including: landscaping; constructing or improving sidewalks, streets, or parking facilities; constructing or improving water and wastewater facilities; installing art; and constructing or improving libraries. Special assessments paid by land owners that benefit from the public improvements and/or service are the source of funding. Regulatory Plan:A document required for Limited Purpose Annexation that identifies regulations and land uses to be extended to the area. Services: Municipal service that may include: police protection,fire protection, emergency medical services, solid waste collection, operation and maintenance of water and wastewater facilities, operation and maintenance of roads and streets, operation and maintenance of parks, and operation and maintenance of any other publicly owned facility, building, or service. Service Plan:A document required as part of the Three-Year Municipal Annexation Plan that outlines the schedule for the provision of municipal services to an area annexed for Full Purposes. Services in Lieu of Annexation:A type of non-annexation agreement to guarantee the land's immunity from annexation for a period of up to 15 years; extends certain aspects of the city's land use and environmental authority over the land; and authorizes enforcement of land use regulations in addition to, or in lieu of, those that apply within the City. Special District:A political subdivision of the state providing water, sewer, drainage, transportation and/or other utility and infrastructure services within a specified geographic area. Utility District:A political subdivision of the state providing water, sewer, drainage and/or other utility services within a specified geographic area. Sometimes referred to as a Municipal Utility District. Voluntary Annexation: Property owners may petition the City to annex their property.The request for voluntary annexation requires at least 50%of the property owners' signature in the area up for consideration. (,( Y O! (,ORf:al.lir (, RIS I NwtlNH.X;'\CIDwWl POLICY--.WNUAf:W 30, 20.181l)1l�a ll:ll I A1:11:11::1 DII III EXHIBIT B Voluntary Annexation Application & Checklist Required Material to be submitted to the Planning& ESI Department for Voluntary Annexation Petition Project Name/Address: Date: ❑ Contact information form for property owner and representative including, address, office/daytime telephone number, e-mail address, and fax number. ❑ A letter of petition signed by all the owners of the property. A notarized power of attorney is required if any person signs on behalf of another person.The petition must be acknowledged in the manner required for deeds by each person having an interest in the area and it must identify the property owned by each person signing as a petitioner. ❑ Ownership Documents: Clean copy of recorded warranty deed or other document(s) conveying ownership of all the property to be annexed. If the property is owned by a partnership, corporation,trust, or other entity, documents demonstrating signatory's authority to sign Petition on behalf of entity must be included. ❑ A statement citing the specific provision(s) of Chapter 43 of the Local Government Code through which annexation is requested. ❑ An affirmative, unconditional statement affirming that the area meets all the cited statutory pre- requisites, including that the property is contiguous to the current city limits. ❑ A statement including the following information: ❑ Reason(s)for request ❑ Current land use of the property ❑ Location of existing buildings and structures ❑ Current number of residential units and residents living on the property ❑ Proximity to existing water,wastewater, storm water, streets, and other public improvements ❑ Description of planned/proposed development and a completion schedule. (i.e., build-out schedule): ❑ Proposed zoning and density ❑ General Arrangements of existing and proposed land uses ❑ A preliminary drainage plan for the project site ❑ Development phasing including the number of housing units by type and lot size, commercial and/or industrial uses by type and square feet for each, square feet or acreage of parking lots, streets and public ROW, parks, greenways, drainage/open space ❑ Estimates of property values for each use in the development ❑ The proposed street plan ❑ Current or proposed utility purveyors. ❑ Field notes of area:Two copies of a current signed and sealed Boundary Description in the form of metes and bounds of the total voluntary annexation area prepared by a licensed engineer or surveyor. ❑ Two copies of a current signed and sealed Exhibit Map. Survey Map of the area must be clear, easy to read markings and reduced to fit 8%x 11 paper. Draft- December 2017 Page 1 of 2 EXHIBIT B Voluntary Annexation Application & Checklist ❑ Current Nueces County Appraisal District property value information of area to include: account#/ Legal Description, property ID#, owner, mailing address, city, zip code acreage, and appraisal value. ❑ Payment of$50 per acre fee, maximum $2,000 (to be adopted in the future). ❑ City staff will prepare a fiscal impact analysis to model the projected costs and revenues associated with the proposed development, using the provided development, to determine the net fiscal impact of the development on the City. Such analyses would go beyond the provision of infrastructure, and would include city services such as police and fire protection, libraries, parks and recreation, and other city functions that experience increased demand for service from new development.The fiscal impact analysis will assess each phase of the proposed development and extend a minimum of ten years into the future.The results of the analysis will be presented to City Council along with the annexation application materials. Notice to petitioner: Voluntary Annexations are subject to all the applicable provisions of law, including the City Charter of The City of Corpus Christi and Chapter 43 of the Texas Local Government Code. All annexations are solely within the legislative discretion of the City Council. A petition for voluntary annexation does not constitute a contractual obligation to annex the property in question.The submission of a petition does not obligate the City of Corpus Christi to annex all or any portion of the area included in the petition. Acknowledgement Please Note:The signature of owner authorizes City of Corpus Christi staff to visit and inspect the property for which this application is being submitted.The signature also indicates that the applicant or his agent has reviewed the requirements of this checklist and all items on this checklist have been addressed and complied with.The agent is the official contact person for this project and the single point of contact.All correspondence and communication will be conducted with the agent. If no agent is listed,the owner will be considered the agent. (Check One:) ❑ /will represent my application before city staff, all Commissions and Boards, and City Council. ❑ 1 hereby authorize the person named below to act as my agent in processing this application before city staff, all Commissions and Boards, and City Council. Owner Name: Phone: Email: Mailing Address, City, State,Zip Code: Owner Signature: Agent's Name: Phone: Email: Agent's Company Name: Mailing Address, City, State, Zip Code: Agent Signature: Draft- December 2017 Page 2 of 2