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Home My WebLink AboutAgenda Packet City Council - 10/09/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda - Final City Council Tuesday, October 9, 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 ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Chuck Goodwin, Fish for Life Ministries. C. Pledge of Allegiance to the Flag of the United States to be led by Aimee Alcorn-Reed, Assistant City Attorney. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-1272 Proclamation declaring October 12, 2018, "Texas Association of Legal Professionals Day". Proclamation declaring October 8-12, 2018, "Court Observance Week". Proclamation declaring October 2018, "NCCER Careers in Construction Month". Commendation in Remembrance of Dr. Leo Carrillo. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: City of Corpus Christi Page 1 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 a. STRATEGIC FUTURE ISSUES (NONE) b. CITY PERFORMANCE REPORT- GAS DEPARTMENT C. OTHER G. MINUTES: 2. 18-1276 Regular Meeting of September 25, 2018. Attachments: Minutes-September 25, 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. All items on this agenda are considered public hearings. City of Corpus Christi Page 2 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 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 - 15) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 18-1210 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) (Requires 2/3 Vote) Motion authorizing renewal of an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of water quality and stream flows associated with the Nueces River and its tributary, with the City's cost to be $160,350. Attachments: Agenda Memo- USGS Agreement 2018 Joint Funding Agmt with USGS for Water Resource Investigations 4. 18-1233 Food Program Purchase for the Senior and Summer Youth Feeding Programs (Requires 2/3 Vote) Resolution authorizing the purchase up to $421,000.00 in food supplies for the senior and summer youth feeding programs through the Coastal Bend Council of Governments' ("CBCOG") participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. City of Corpus Christi Page 3 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 Attachments: Agenda Memo-CBCOG Food Program Purchase Resolution -CBCOG Food Program Purchase TEXAS20 Cooperative Purchaing Agreement-2018-2019 5. 18-1152 Supply Agreement for the Purchase of Garbage Truck Parts (Requires 2/3 Vote) Motion authorizing a one-year supply agreement for the purchase of garbage truck parts with Heil of Texas of San Antonio, Texas via BuyBoard cooperative for $220,000, with a one-year option for a total potential multi-year amount not to exceed $440,000. Attachments: Agenda Memo Garbage Truck Parts for Fleet Supply Agreement Garbage Truck Parts for Fleet 6. 18-1156 Supply Agreement for the Purchase of Heavy Equipment Parts for Asset Management (Requires 2/3 Vote) Motion authorizing a one-year supply agreement for the purchase of heavy equipment parts with Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas via BuyBoard cooperative for$630,000, with a one-year option for a total potential multi-year amount of$1,260,000. Attachments: Agenda Memo Heavy Equipment Parts for Fleet Supply Agreement Heavy Equipment Part for Fleet 7. 18-1164 Service Agreement for Backflow Prevention Testing and Repairs for City Facilities (Requires 2/3 Vote) Motion authorizing a three-year service agreement for backflow prevention testing and repairs for City facilities with Smart Plumbing, Inc. of Corpus Christi, Texas for a total amount not to exceed $276,286. Attachments: Agenda Memo-Backflow Preventer Testing for Facilities Bid Tabulation- Backflow preventer Service Agreement Backflow Preventer Testing for Facilities 8. 18-1150 Service Agreement for Plumbing Services for City Facilities (Requires 2/3 Vote) Motion authorizing a three-year service agreement with Smart Plumbing Inc of Corpus Christi, Texas for plumbing services for City facilities for a total amount not to exceed $230,625. Attachments: Agenda Memo-Plumbing Services for Asset Management Bid Tabulation- Plumbing Services for Asset Management Service Agreement for Asset Management 9. 18-1155 Second Reading Ordinance - Urban Transportation Plan City of Corpus Christi Page 4 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 Amendment deleting a proposed collector street (1 st Reading 9/25/18) Ordinance amending Urban Transportation Plan map by deleting a portion of Las Tunas Drive, a proposed C1 Collector located approximately 0.2 miles south of Whitecap Boulevard connecting Palmira Avenue with South Padre Island Drive (Park Road 22) Attachments: Agenda Memo- Las Tunas City Council Ordinance LasTunasUTP Presentation Las Tunas UTP final 9.4.18 10. 18-1177 Second Reading Ordinance - Unimproved Street Right-of-Way Closure of Las Tunas Drive (1st Reading 9/25/18) Ordinance closing, abandoning and vacating a 0.516-acre portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No. 1 and requiring petitioner, Yasin Investment, LLC., to comply with specified conditions. Attachments: Agenda Memo- ROW Closure Las Tuna Drive Ordinance with Exhibits Presentation- Padre Island No.1 11. 18-1174 Second Reading Ordinance - Partial Street Right-of-Way closure, vacation, and abandonment of Battlin' Buc Boulevard and Lipan Street, and alley closures out of Nelson Addition Block 2 and 3 (1st Reading 9/25/18) Ordinance closing, vacating, and abandoning a 0.50 acre portion of Battlin' Buc Boulevard, a 0.43 acre portion of Lipan Street, a 0.069 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 2, and a 0.034 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 3, and requiring Corpus Christi Independent School District to comply with specified conditions. Attachments: Agenda Memo Miller HS Ordinance with Exhibits Presentation- Miller HS 12. 18-1160 Second Reading Ordinance - Rezoning for a Property located at or near 5518 Curtis Clark Drive (Requires 2/3 Vote) Case No. 0818-04 Marias Properties, LLC: Request for rezoning property at or near 5518 Curtis Clark Drive from "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. City of Corpus Christi Page 5 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. Ordinance rezoning property at or near 5518 Curtis Clark Drive from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. Attachments: Agenda Memo 0818-04 Marias Properties, LLC Ordinance 0818-04 Marias Properties, LLC CC Report 0818-04 Marias Properties, LLC Presentation Marias Properties, LLC 13. 18-1161 Second Reading Ordinance - Rezoning for a Property located at or near 2141 Laguna Shores Drive (1st Reading 9/25/18) (Requires 2/3 Vote) Case No. 0818-05 James Karstens: Request for rezoning property at or near 2141 Laguna Shores Road from "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Ordinance rezoning property at or near 2141 Laguna Shores Road from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Attachments: Agenda Memo 0818-05 James Karstens Ordinance 0818-05 James Karstens CC Report 0818-05 James Karstens Presentation James Karstens 14. 18-1162 Second Reading Ordinance - Rezoning for a Property located at or near 2117 Laguna Shores Road (1st Reading 9/25/18) (Requires 2/3 Vote) Case No. 0818-06 Guy Brady: Request for rezoning property at or near 2117 Laguna Shores Road from "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Ordinance rezoning property at or near 2117 Laguna Shores Road from City of Corpus Christi Page 6 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Attachments: Agenda Memo 0818-06 Guy Brady Ordinance 0818-06 Guy Brady CC Report 0818-06 Guy Brady Presentation Guy Brady 15. 18-1171 Second Reading Ordinance -Amending Tree Advisory Committee Membership Requirements (1st Reading 9/25/18) Ordinance amending Tree Advisory Committee membership. Attachments: Agenda Memo-Tree Advisory Committee Ordinance -Amending Tree Advisory Committee membership L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEM 16) 16. 18-1234 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 6641 Lipes Boulevard (Requires 2/3 Vote) Case No. 0918-01 Staples Development, LLC: Request for rezoning property at or near 6641 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District Planning Commission and Staff Recommendation (September 5, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Ordinance rezoning property at or near 6641 Lipes Boulevard from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Attachments: Agenda Memo 0918-01 Staples Development, LLC Ordinance 0918-01 Staples Development, LLC CC Report 0918-01 Staples Development, LLC Presentation Staples Development, LLC N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 17 -22) City of Corpus Christi Page 7 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 17. 18-1245 First Reading Ordinance -Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department (Requires 2/3 Vote) Ordinance authorizing acceptance of$54,339.42 grant from State of Texas, Criminal Justice Division for Violence Against Women Program with cash match of$14,000 and in-kind match of$8,280; appropriating $54,339.42 in Police Grants Fund; and authorizing transfer of$14,000 from General Fund to Police Grants Fund. Attachments: Agenda memo VAWA appropriation 10.09.2018 Ordinance -VAWA grant 2018-Police VAWA 2018 grant award 18. 18-1232 First Reading Ordinance -Amending Chapter 38 of the Corpus Christi Code Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting; and providing for penalty. Attachments: Agenda Memo- Flea Farmers' Market Ordinance -exempting flea market venders 9.18 Presentation - Flea Markets 19. 18-1231 First Reading Ordinance - Closing of a utility easement located at 3945 Crosstown State Highway 286 Ordinance abandoning and vacating a 0.0223 acre portion of a utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286. Attachments: Agenda Memo- Utility Easesment SH 286 Ordinance with Exhibits- Utility Easesment SH 286 Presentation - Utility Easesment SH 286 20. 18-1257 First Reading Ordinance -Amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district (Public Hearing 9/11/18) (Requires 2/3 Vote) Ordinance amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district; and providing for penalties. Attachments: Agenda Memo- UDC Amendment-Smoking Lounge Ordinance -Smoking Lounges.V2 Presentation -Smoking Lounges City of Corpus Christi Paye 8 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 21. 18-1095 First Reading Ordinance -Approving Fourth Amendment to the TIRZ #3 Project& Financing Plan Ordinance approving the amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas. Attachments: Agenda Memo-4th Amended TIRZ 3 Project Plan.docx Ordinance -4th Amended TIRZ#3 Project Financing Plan TIRZ#3 Amended Project Financing Plan - Legistlative Changes Version FY 14 22. 18-1123 First Reading Ordinance -Approving Amendments to the TIRZ#2 Project& Financing Plan Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas. Attachments: Agenda Memo-2018 Project Plan Amendment Ordinance -TIRZ 2 Project Plan 10 9 18 08.21.2018 TIRZ#2 Project Plan Amendment SIX PACK PROJECTS 10.09.2018 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I 2009 TIF#2 Market and Economic Update rev P. FUTURE AGENDA ITEMS: (ITEMS 23 - 27) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23. 18-1249 Authorizing Use of Type B Arterial and Collector Funds for Three Streets (Requires 2/3 Vote) Motion authorizing the use of up to $10,550,000 in Type B arterial and collector funds for three street projects: Slough Road from Amethyst Drive to Rodd Field Road, Everhart Road from Holly Road to South Padre Island Drive, and Holly Road from Ennis Joslin Road to Rodd Field Road. Attachments: Agenda Memo-Three Streets Resolution 10 16 18 City of Corpus Christi Page 9 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 FY-2018-2019-Proposed-Budget-Online-New 24. 18-1214 Construction Contract for Flato Road from Agnes Street to Bates Road (Bond 2014, Proposition 2) (Requires 2/3 Vote) Motion to authorize execution of a construction contract with Reytec Construction Resources, Inc., of Houston, Texas in the amount of $7,985,187.50 for Base Bid Part 3 (Portland Cement Concrete (PCC)) for Flato Road from Agnes Street to Bates Road project. Attachments: Agenda Memo- Flato Prosect Budget- Flato Location Map v1 Presentation - Flato Road Engr Award Recommendation - Flato Rd 25. 18-1209 Professional Services Contract Amendment No. 7 for the O.N. Stevens Water Treatment Plant High Service Building No. 3 (Capital Improvement Program) (Requires 2/3 Vote) Motion to authorize execution of Amendment No. 7 to a Professional Services Contract with LNV, Inc. of Corpus Christi, Texas in the amount of $242,065.00 for a total restated fee of$2,762,567.91 for O.N. Stevens Water Treatment Plant High Service Building No. 3 project. Attachments: Agenda Memo-ONS WTP High Service Building No. 3, LNV Amd 7 Prosect Budget-ONS WTP High Service Building No. 3, LNV Amd 7.x1s Location Map-ONS WTP High Service Building No. 3, LNV Amd 7.pdf Presentation -ONS WTP High Service Building No. 3, LNV Amd 7 Contract- E11066 LNV Amd 7 26. 18-1125 Service Agreement for Chemical Analysis Services for Utilities (Requires 2/3 Vote) Motion authorizing a four-year service agreement with Analysys, Inc., of Austin, Texas for the chemical analysis at the Water Utilities Lab, Pretreatment, and Wastewater Division of Utilities Department for the total amount not to exceed $269,776. Attachments: Agenda Memo-Chemical Analysis Bid Tabulation-Chemical Analysis for Utilities Department Service Agreement Chemical analysis for Utilities Department 27. 18-1211 Real Estate Contract for land purchase at Corpus Christi International Airport (Requires 2/3 Vote) Motion to authorize execution of a real estate sales contract with Patrick City of Corpus Christi Page 10 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 William Kelly, III and Carol Lynn Gillingham in the amount of$235,200 plus $2,700 in estimated closing costs for acquisition of 50.535 acres of land including mineral rights, located on Joe Mireur Road (FM763), south of Corpus Christi International Airport for airport land expansion and other purposes. Attachments: Agenda memo- 2018 CCIA Land Acquisition Project Location Map- 2018 CCIA Land Acquisition Proiect.pdf Contract-2018 CCIA Land Acquisition Prosect Presentation-2018 CCIA Land Acquisition Prosect Q. BRIEFINGS: (ITEMS 28 -29) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation)may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 28. 18-1283 INFOR Briefing 29. 18-1219 Merry Days By The Bay - Update Attachments: Agenda Memo- Merry Days by the Bay Update 10 9 18 Presentation- Update Merry Days by the Bay 10 09 18 R. EXECUTIVE SESSION: (ITEMS 30 -32) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 30. 18-1278 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights owned by the City within the City of Corpus Christi at or adjacent to 7101 Edgebrook and/or 5205 Edinburg, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned location(s)) because deliberation in an open meeting would have a City of Corpus Christi Page 11 Printed on 10/8/2018 City Council Meeting Agenda-Final October 9,2018 detrimental effect on the position of the governmental body in negotiations with a third person. 31. 18-1279 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to negotiations and potential litigation with the U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Attorney General, and/or U.S. Department of Justice concerning the City's sanitary sewer system and/or water system, including consideration of fees for attorneys, engineers, and other expert witnesses assisting in defense of potential lawsuit(s). 32. 18-1287 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager or contracting or utilization of search firm for City Manager and 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 12 Printed on 10/8/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday, September 25, 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 11:31 a.m. B. Invocation to be given by Rabbi Mary Eckroos, Kehilat B'nai Shalom. Rabbi Mary Eckroos gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Esther Velazquez, Assistant to City Manager. Assistant to the City Manager Esther Velazquez led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Assistant City Secretary Paul Pierce called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley and Assistant City Secretary Paul Pierce. City of Corpus Christi Page 1 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 Present: 8- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy,Council Member Lucy Rubio, and Council Member Greg Smith Absent: 1 - Council Member Debbie Lindsey-Opel E. Proclamations /Commendations 1. Proclamation declaring September 8, 2018, "International Literacy Day" and September 2018, "National Literacy Month". Proclamation declaring September 29, 2018, "Coastal Bend Walk 'n Roll Celebration for Disability Awareness Day". Proclamation declaring October 2, 2018, "National Night Out". Proclamation declaring October 7-13, 2018, "National Fire Prevention Week". Proclamation declaring the City of Corpus Christi a Purple Heart City. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. Ramon Ray Beltran,Jr., 901 Sharon Drive,spoke regarding increasing charges related to the utility billing and responses from the Utility Business Office. Karen Smith,4301 Spring Creek Drive, Audubon Outdoor Club, requested that Blucher Park be designated a"Special Uses Park"with associated signage and enforcement. Jack Gordy,4118 Bray Drive,spoke regarding illegal signs. Rick Milby,4412 High Ridge Drive, presented a video regarding a study on streets constructed with concrete versus asphalt. Brian Watson, 5813 Hugo Drive,spoke in opposition to the City declaring a day in memory of Nelson Mandela. Huxley Smith, 1913 Thames,spoke in opposition to the City's desalination project. Paul Camardo, 5830 Norvel,spoke regarding: issues regarding the Infor utility billing software; in opposition to an increase in City of Corpus Christi Page 2 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 solid waste fees;the increase related to water utility billing;storm water fees; and the formula used for utility charges. Margareta Fratila, 3606 Tripoli,spoke regarding the Infor utility billing software;water utility charges; and asked the City Council to place an executive session item on the agenda to terminate the Infor contract. David Chris Castillo, 1800 Shely, spoke regarding citizens being charged for solid waste services, whether it is used or not, and requested that emailed utility statements include the price. Nancy Yzaguirre, 7032 Harbor Circle, spoke regarding the removal of a Crime Control and Prevention District board member. Susie Luna Saldana,4710 Hakel,spoke regarding water utility billing issues. Ken Baker, 7421 Idle Hour,spoke regarding the water utility billing issues and in opposition to the increase in property taxes. Q. BRIEFINGS: (ITEMS 37 - 38) 37. Quarterly Update to Council - Harbor Bridge Replacement Project Mayor McComb deviated from the agenda and referred to Item 37. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to allow representatives with Flatiron Dragados to provide a quarterly update on the progress of the Harbor Bridge Replacement Project. The presentation team included: Lorette Williams, Public Information Coordinator; Keith Armstrong, Project Manager; and John Palmer, Deputy Project Manager. Mr.Armstrong presented the following information:the project sections;the construction progress including:the Comanche Street Bridge Reconstruction; the Staples Street Bridge Reconstruction;the Stillman Pedestrian Bridge Reconstruction; the IH 37 traffic switch;the North Beach Traffic Switch;the Robstown pre-cast yard; approaches -pile drivings; approaches -footings;the north and south of the Port foundation pours; recent project milestones; and the upcoming launching of the Gantry Crane. Ms.Williams presented information regarding project communications including:website information; online traffic information; regional maps; community involvement; and the Harbor Bridge Sidewalk Talk. Council members and the presentation team discussed the following topics: testing and quality assurance of the Comanche Street Bridge Reconstruction; project milestones; how long Flatiron Dragados will be involved with the project; responsibility for long-term maintenance; anticipated completion; removal of the existing bridge; and anticipated challenges regarding the project. 38. Seawater Desalination Siting and Permitting Project Mayor McComb referred to Item 39. Executive Director of Public Works Dan Grimsbo stated that the purpose of this item is to provide an update on the progress of the Seawater Desalination Siting and Permitting Project. Mr. Grimsbo introduced the presentation team including:John Wolfhope, Freese and Nichols;Water Resource Manager Steve Ramos; and Leah Olivarri. Mr. Wolfhope presented the following information:the project overview;the goals and major tasks;siting and permitting facilities; obtaining project permits; the communication and outreach plan; key team members;the project schedule; and significant accomplishments. Council members and the presentation team discussed the following topics: City of Corpus Christi Page 3 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 appropriate sizing of the project;water demand versus water supply; communication and outreach; site location; diversification of water supply; multiple permits; maximum capacity of the project; clarification regarding whether the plant is geared for industrial or residential customers;the combined capacity of Lake Corpus Christi and Choke Canyon; and the cost of the San Antonio Water System's Vista Ridge project. R. EXECUTIVE SESSION: (ITEM 39) Mayor McComb referred to the day's executive session. The Council went into executive session at 1:39 p.m. The Council returned from executive session at 2:31 p.m. 39. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights owned by the City within the City of Corpus Christi at or adjacent to Creekway park (7244 Prairie) and/or other miscellaneous properties in the City limits owned by the City and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned location[s]) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: a. STRATEGIC FUTURE ISSUES (NONE) C. OTHER 1) The City's credit rating has improved from a negative outlook to stable.2) The Litter Critter Program is available to the public and can be mobilized on weekends. The City will be hosting a demonstration of the program on Friday, September 28,2018 at 10:00 a.m. at the Solid Waste Services Department. 3) The City's Vector control unit is continuing to spray neighborhoods for mosquitoes and is scheduled to spray Routes 9, 10 and 12 in the downtown area on Monday, September 24,2018; Routes 16, 18, and 20 on Tuesday, September 25,2018; and Routes 1,2, 3, 14 and 22 in the Calallen area on Wednesday, September 26,2018. 4)The combined capacity of Lake Corpus Christi and Choke Canyon has reached above 50%and all water restrictions have been lifted. 5)Interim City Manager Selman stated that staff is working diligently to address the issues regarding the City's utility billing system and the multi-fronted effort to communicate to citizens regarding utility billing concerns. The Call Center received approximately 22,000 calls last month.A City of Corpus Christi Page 4 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 team of 10 to 20 employees will immediately be set up in the Call Center to focus strictly on utility billing issues. Staff is working on the following long-term goals: continuing improvements to the utility billing software system; providing tools to allow customers the ability to view daily usage; reconfiguring the Call Center and allowing for an on-board supervisor; and improving online service options for customers. Staff has put together a team to identify issues, problems, and obstacles in the system prior to the arrival of the Infor representative next week. Mayor McComb and Interim City Manager Selman will have a conference call with the CEO of Infor by the end of this week. Interim City Manager Selman stated that he plans to have Infor provide a presentation at the City Council meeting. Council members and Interim City Manager Keith Selman discussed the following topics:the issues with the Infor utility billing software system;the current rate structure; council members'concerns citizens are being inaccurately charged or not receiving a utility bill at all; reconciliation options for customers impacted by inaccurate billing; giving consideration to changing the rate structure back to winter averaging; how long implementation of the rate structure would take should the Council change the rate structure; providing the City Council with a weekly update regarding the progress in resolving the utility rate and billing issues; developing a critical path to allow City Council to change the rate structure with implementation in less than six months; creation of a video on the City's Government Channel explaining the rate structure and billing process to customers; communication improvements and responsiveness to citizens regarding their utility billing concerns, including ceasing comments advising citizens to contact plumbers to identify leaks. b. CITY PERFORMANCE REPORT - DEVELOPMENT SERVICES Director of Development Services Nina-Nixon Mendez provided a briefing on the Development Services Department, including the mission statement; operational profile; baseline information; and performance indicators. Council members discussed the following topics: how the vacancy in the Engineer position,which oversees land development, has impacted the platting approval process and the challenges with filling the position; and if the Development Services Department is completely staffed. G. MINUTES: 2. Regular Meeting of September 18, 2018. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Molina and passed unanimously(Council Member Lindsey-Opel -absent). H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 22) City of Corpus Christi Page 5 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 12 and 21 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Smith,seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 3. Resolution authorizing a Service Agreement for the Purchase of Code Enforcment Applications Software License Resolution authorizing a five-year service agreement for the purchase of GovQA Code Enforcement Applications Software License from WebQA, Inc., dba GovQA, Woodridge, IL, for $75,000. This Resolution was passed on the consent agenda. Enactment No: 031554 4. Purchase of Veterinary Medicines and Supplies for Animal Care Services Motion authorizing a one-year supply agreement with Patterson Veterinary Supply, Inc. of Greeley, Colorado for the purchase of veterinary medicines and supplies for a total amount not to exceed $380,426.15. This Motion was passed on the consent agenda. Enactment No: M2018-181 5. Professional Services Contract Amendment No. 1 for Greenwood Wastewater Treatment Plant (WWTP) Headworks & Grit Removal Rehabilitation (Capital Improvement Program) Motion to authorize execution of Amendment No. 1 with Urban Engineering of Corpus Christi, Texas in the amount of$335,200 for a total restated fee of$380,400 for Greenwood Wastewater Treatment Plant (WWTP) Headworks & Grit Removal Rehabilitation project. This Motion was passed on the consent agenda. Enactment No: M2018-182 City of Corpus Christi Page 6 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 6. Lease-Purchase of Two Dump Trucks and One Excavator for Street Operations Motion authorizing the lease purchase of two 12 cubic yard dump trucks from Houston Freightliner Inc., of Houston, Texas, and one Gradall excavator from Waukesha-Pearce Industries, LLC of Corpus Christi, Texas via Houston-Galveston Area Council and BuyBoard Cooperative for a total amount of$765,824.59. This Motion was passed on the consent agenda. Enactment No: M2018-183 7. Lease Purchase of Vactor Truck and Heavy Equipment for Utilities Motion authorizing the lease purchase of one Vactor combination sewer truck from Houston Freightliners of Houston, Texas, one 2019 Western Star tractor from Grande Truck Center of San Antonio, Texas; and one CPS half round end dump trailer and one 55-ton Low Boy trailer from J&B Pavelka of Houston, Texas via Houston-Galveston Area Council for $ 694,880.30. This Motion was passed on the consent agenda. Enactment No: M2018-184 8. Purchase of Auto Parts for Fleet Maintenance Motion authorizing one-year supply agreement for the purchase of automotive parts with O'Reilly Auto Enterprises LLC, dba O'Reilly Auto Parts of Springfield, Missouri via BuyBoard cooperative for a total amount not to exceed $140,000. This Motion was passed on the consent agenda. Enactment No: M2018-185 9. Professional Services Contract Solid Landfill Groundwater Monitoring Motion to authorize execution of a professional services contract with Terracon Consultants, Inc. of Corpus Christi, Texas for the Solid Waste Landfill Groundwater Monitoring project in the amount of$225,191 per year with the option to administratively renew for two additional years for a total contract price of$675,573. This Motion was passed on the consent agenda. Enactment No: M2018-186 City of Corpus Christi Page 7 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 10. Meal Delivery Service for Senior Community Services and Summer Feeding Program Motion authorizing a three-year service agreement with R&R Delivery Service of Corpus Christi, Texas for meal delivery service for $678,178.80. This Motion was passed on the consent agenda. Enactment No: M2018-187 11. Supply Agreement for Purchase of Hydrofluorsilicic Acid for Water Treatment at O. N. Stevens Water Treatment Plant Motion authorizing a one-year supply agreement for the purchase of hydrofluorosilicic acid from Univar USA, Inc. from Kent, Washington for $195,750.00. This Motion was passed on the consent agenda. Enactment No: M2018-188 13. Second Reading Ordinance - Rezoning for a Property located at or near 4441 South Alameda Street (1 st Reading 9/18/18) Case No. 0818-02 Texas Star Investments, Inc: Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District in lieu thereof: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) This Ordinance was passed on second reading on the consent agenda. Enactment No: 031556 14. Second Reading Ordinance - Rezoning for a Property located at or near 1804 Buford Avenue (1st Reading 9/18/18) Case No. 0818-03 The Salvation Army: Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit, in lieu thereof: City of Corpus Christi Page 8 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit This Ordinance was passed on second reading on the consent agenda. Enactment No: 031557 15. Second Reading Ordinance -Appropriating funds from the Recovery on Damage Claims (1st Reading 9/18/18) Ordinance appropriating $92,437.71 from damage claims into General Fund to purchase police vehicles; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $92,437.71. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031558 16. Second Reading Ordinance -Accepting and appropriating grant funds for Fire Department (1st Reading 9/18/18) Ordinance authorizing acceptance of$1,000 grant from NuStar Energy L.P.; and appropriating $1,000 from NuStar Energy L.P. into Fire Grant Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031559 17. Second Reading Ordinance -Amending the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission (1st Reading 9/18/18) Ordinance authorizing an amendment to the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031560 18. Second Reading Ordinance - Construction Contract for Laguna Shores Road Force Main Replacement (Capital Improvements Program (CIP) (1st Reading 9/18/18) Ordinance rejecting the apparent low bid of Jhabores Construction Company, Inc., as non-responsive and authorizing a construction contract with Max Underground Construction, LLC of Corpus Christi, Texas as the City of Corpus Christi Page 9 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 lowest responsive, responsible bidder in the amount of$4,425,112.50 for the Base Bid plus Additive Alternate No. 1 and Additive Alternate No. 2 for the Laguna Shores Road Force Main Replacement project (Wastewater CIP). This Ordinance was passed on second reading on the consent agenda. Enactment No: 031561 19. Second Reading Ordinance -Authorizing an Airline Use and Lease Agreement with American Airlines (1st Reading 9/18/18) Ordinance authorizing a three-year airline use and lease agreement with American Airlines to be effective as of October 1, 2017, with one two-year option. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031562 20. Second Reading Ordinance -Authorizing an Airline Use and Lease Agreement with Southwest Airlines (1st Reading 9/18/18) Ordinance authorizing a three-year airline use and lease agreement with Southwest Airlines to be effective as October 1, 2017, with one two-year option. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031563 22. Second Reading Ordinance - Transferring funds for erosion, drainage, and 3D modeling work for the North Beach Area (1st Reading 9/18/18) Ordinance transferring $16,000 from the City Council Business Accounts in the General Fund to the Comprehensive Planning Department Budget for Beach Erosion, Drainage, and 3D Modeling work for the North Beach area. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031565 12. Second Reading Ordinance - Rezoning for a Property located at or near 6001 Crosstown Expressway (State Highway 286) (1st Reading 9/18/18) Case No. 0818-01 Joshua Kosarek: City of Corpus Christi Page 10 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. Mayor McComb referred to Item 12, rezoning property at or near 6001 Crosstown Expressway(State Highway 286).A council member thanked City Council for their support and staff for their work on this project in District 3. There were no comments from the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 Enactment No: 031555 21. Second Reading Ordinance -Amending City Code to increase collection fees for Solid Waste (1st Reading 9/18/18) Ordinance amending the Corpus Christi Code of Ordinances, Chapter 21, Section 40, to increase collection fees for solid waste. Mayor McComb referred to Item 21, amending the City's Code of Ordinances to increase collection fees for Solid Waste. Council members discussed the following topics: a council member stated that he could not support the fee increase until the utility billing issues are resolved and that the proposed fees are included in the FY2019 Operating Budget. There were no comments from the public. Council Member Smith made a motion to approve the ordinance,seconded by Mayor McComb. This Ordinance was passed on second reading and approved with the following vote: Aye: 5- Mayor McComb, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Nay: 3- Council Member Garza, Council Member Guajardo and Council Member Hunter Absent: 1 - Council Member Lindsey-Opel Abstained: 0 Enactment No: 031564 City of Corpus Christi Page 11 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 L. RECESS FOR LUNCH M. PUBLIC HEARINGS: (ITEMS 23 -28) 23. Public Hearing and First Reading Ordinance - Urban Transportation Plan Amendment deleting a proposed collector street Ordinance amending Urban Transportation Plan map by deleting a portion of Las Tunas Drive, a proposed C1 Collector located approximately 0.2 miles south of Whitecap Boulevard connecting Palmira Avenue. with South Padre Island Drive (Park Road 22) Mayor McComb referred to Item 23. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to amend the City's Urban Transportation Plan by deleting a portion of Las Tunas Drive to accommodate a proposed commercial shopping center development on Padre Island. Mr. McGinn presented the following information: a map of the subject property; the current plan;the location of the wetlands;the proposed amendment; and site plan. A council member spoke in support of the amendment. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 24. Public Hearing and First Reading Ordinance - Unimproved Street Right-of-Way Closure of Las Tunas Drive Ordinance closing, abandoning and vacating a 0.516-acre portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No. 1 and requiring petitioner, Yasin Investment, LLC., to comply with specified conditions. Mayor McComb referred to Item 24. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to close, abandon, and vacate a portion of Las Tunas Drive for the construction of a cart path connecting a shopping center to the existing residential neighborhood. City of Corpus Christi Page 12 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 25. Public Hearing and First Reading Ordinance - Partial Street Right-of-Way closure, vacation, and abandonment of Battlin' Buc Boulevard and Lipan Street, and alley closures out of Nelson Addition Block 2 and 3 Ordinance closing, vacating, and abandoning a 0.50 acre portion of Battlin' Buc Boulevard, a 0.43 acre portion of Lipan Street, a 0.069 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 2, and a 0.034 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 3, and requiring Corpus Christi Independent School District to comply with specified conditions. Mayor McComb referred to Item 25. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to close, vacate, and abandon a portion of Battlin' Buc Boulevard and two alleys to allow for future expansion and construction of a new R.O.T.C. building and parking lot. Council members spoke regarding the following topics: a council member expressed support for the closure to expand the R.O.T.C. building at Miller High School; and Corpus Christi Independent School District's maintenance of the right-of-way. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. 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 Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 26. Public Hearing and First Reading Ordinance - Rezoning for a City of Corpus Christi Page 13 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 Property located at or near 5518 Curtis Clark Drive. Case No. 0818-04 Marias Properties, LLC: Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. Ordinance rezoning property at or near 5518 Curtis Clark Drive from "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. Mayor McComb referred to Item 26. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the construction of a parking lot and a small retail office building. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 27. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 2141 Laguna Shores Drive. Case No. 0818-05 James Karstens: Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Ordinance rezoning property at or near 2141 Laguna Shores Road from "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Mayor McComb referred to Item 27. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the future construction of single-family residences. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. City of Corpus Christi Page 14 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 28. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 2117 Laguna Shores Drive Case No. 0818-06 Guy Brady: Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Ordinance rezoning property at or near 2117 Laguna Shores Road from "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Mayor McComb referred to Item 28. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the future construction of a single-family residence. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Smith 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 Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 N. REGULAR AGENDA: (ITEM 29) 29. Second Reading Ordinance -Accepting and Appropriating funds and approving Construction Contract for Corpus Christi City of Corpus Christi Page 15 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Phase II projects (1st Reading 9/18/18) Ordinance to accept and appropriate Airport Grant#57 in Fund 3020; appropriate and transfer$725,805 from Fund 4612 to Fund 3018 and authorizing a construction contract with SpawGlass Civil Construction of Corpus Christi, Texas in the amount of$7,221,798.15 for Base Bid and Alternates for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Apron Phase III projects. Mayor McComb referred to Item 29, accepting and appropriating funds and approving a construction contract for the Corpus Christi International Airport Rehabilitation Terminal Apron Phase II and East General Aviation Phase II projects. Director of Aviation Fred Segundo requested that the City Council amend the ordinance to reflect that the Federal Aviation Administration Grant amount in Section 1 is $6,532,244 instead of$6,532,544 and to add to Section 3 that the FY2018 Capital Budget is further amended to increase revenues and expenditures by$7,258,049,each. Council Member Garza made a motion to amend the ordinance as stated, seconded by Council Member Rubio and passed unanimously(Council Members Lindsey-Opel and Molina-absent). Council Member Rubio made a motion to approve the ordinance as amended, seconded by Council Member Garza. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 2- Council Member Lindsey-Opel and Council Member Molina Abstained: 0 Enactment No: 031566 O. FIRST READING ORDINANCE: (ITEM 30) 30. First Reading Ordinance -Amending Tree Advisory Committee Membership Requirements Ordinance amending Tree Advisory Committee membership. Mayor McComb referred to Item 30. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to amend the City's Code of Ordinances regarding the Tree Advisory Committee's membership by replacing the category of landscape architect with landscape professional. Mayor McComb called for comments from the public. Huxley Smith, 1913 Thames, requested clarification on the difference between a landscape architect and a landscape professional. Mr. Ellington explained that changing City of Corpus Christi Page 16 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 the category to landscape professional will allow for more flexibility to fill the position. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 31 - 36) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff did not have any planned presentations. 31. Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) (Requires 2/3 Vote) Motion authorizing renewal of an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of water quality and stream flows associated with the Nueces River and its tributary, with the City's cost to be $160,350. This Motion was recommended to the consent agenda. 32. Food Program Purchase for the Senior and Summer Youth Feeding Programs Resolution authorizing the purchase up to $421,000.00 in food supplies for the senior and summer youth feeding programs through the Coastal Bend Council of Governments' ("CBCOG") participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. This Resolution was recommended to the consent agenda. 33. Supply Agreement for the Purchase of Garbage Truck Parts (Requires 2/3 Vote) Motion authorizing a one-year supply agreement for the purchase of garbage truck parts with Heil of Texas of San Antonio, Texas via BuyBoard cooperative for $220,000, with a one-year option for a total potential multi-year amount not to exceed $440,000. City of Corpus Christi Page 17 Printed on 10/4/2018 City Council Meeting Minutes September 25,2018 This Motion was recommended to the consent agenda. 34. Supply Agreement for the Purchase of Heavy Equipment Parts for Asset Management (Requires 2/3 Vote) Motion authorizing a one-year supply agreement for the purchase of heavy equipment parts with Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas via BuyBoard cooperative for $630,000, with a one-year option for a total potential multi-year amount of $1,260,000. This Motion was recommended to the consent agenda. 35. Service Agreement for Backflow Prevention Testing and Repairs for City Facilities (Requires 2/3 Vote) Motion authorizing a three-year service agreement for backflow prevention testing and repairs for City facilities with Smart Plumbing, Inc. of Corpus Christi, Texas for a total amount not to exceed $276,286. This Motion was recommended to the consent agenda. 36. Service Agreement for Plumbing Services for City Facilities (Requires 2/3 Vote) Motion authorizing a three-year service agreement with Smart Plumbing Inc of Corpus Christi, Texas for plumbing services for City facilities for a total amount not to exceed $230,625. This Motion was recommended to the consent agenda. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. The following items were identified: a communication plan to address utility billing issues; a weekly update to the City Council regarding the progress in resolving the utility rates and utility billing issues; and a plan to reconsider the rate structure. T. ADJOURNMENT The meeting was adjourned at 3:45 p.m. City of Corpus Christi Page 18 Printed on 10/4/2018 SC GO O Va. v AGENDA MEMORANDUM NORROPp�EO Future Item for the City Council Meeting of September 25, 2018 1852 Action Item for the City Council Meeting of October 9, 2018 DATE: September 13, 2018 TO: Keith Selman, Interim City Manager THROUGH: Mark Van Vleck, Assistant City Manager markvv(a)-cctexas.com (361) 826-3082 FROM: Dan Grimsbo, Executive Director of Water Utilities dang�cctexas.com (361) 826-1718 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) CAPTION: Motion authorizing renewal of an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of water quality and stream flows associated with the Nueces River and its tributary, with the City's cost to be $160,350. PURPOSE: To continue the use of automated river gauging stations to gather and maintain accurate records of stream flows and automated water quality monitors for rivers associated with the City's reservoirs and the water treatment plant. BACKGROUND AND FINDINGS: Texas Water Rights Permit No. 3358 requires specified releases from the reservoir be made to the bays and estuaries. The City utilizes the United States Geological Survey(USGS)to establish automated river gauging stations to quantify and qualify recorded discharges of all inflows and releases in the water reservoir system as well as to properly manage the health and biology of the reservoir system using Water Quality monitors. To better manage the treatment of water at the O. N. Stevens Water Treatment plant, the gathering of real-time water quality data from the Nueces River prior to the intake pumps is critical. In addition, the streamflow gauges are the primary system used by the City's Dam operations which tracks water levels in and out of the City's reservoirs and gives operators essential data to ensure Dam safety and also provides a means of early flood warning. The contract period is October 1, 2018 through September 30, 2019. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Future Year 2018 (CIP only) Current Year (FY19) TOTALS Line Item Budget $0 $166,000 $166,000 Encumbered / Expended Amount This item $0 $160,350 $1601350 BALANCE $0 1 $ 5,650 $ 5,650 Fund(s): Water Fund 4010 Comments: Total cost will be split between the organizations Wesley Seale Dam and Choke Canyon Dam respectively. RECOMMENDATION: Approval of the continued annual joint funding agreement with the USGS. LIST OF SUPPORTING DOCUMENTS: Joint-funding agreement Form 9-1366 U.S. Department of the Interior Customer#:6000000486 (May 2018) U.S. Geological Survey Agreement#: 19SJIFATX029000 Joint Funding Agreement Project#:S1009ME FOR TIN#:74-6000574 Water Resource Investigations Fixed Cost Agreement YES[X] NO[ ] THIS AGREEMENT is entered into as of the October 1, 2018, by the U.S. GEOLOGICAL SURVEY, Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part. 1.The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations(per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2.The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of$0.00 (a) $28,950 by the party of the first part during the period October 1,2018 to September 30,2019 (b) $160,350 by the party of the second part during the period October 1, 2018 to September 30, 2019 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5.The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives.The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party,and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7.The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8.The maps, records or reports resulting from this program shall be made available to the public as promptly as possible.The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work(SOW)are subject to applicable USGS review, approval, and release requirements,which are available on the USGS Fundamental Science Practices website (https:l/www2.usos.govlfsoll. Farm 9-1366 U.S. Department of the Interior Customer#t: 6000000486 (May 2018) U.S. Geological Survey Agreement#: 19SJJFATX029000 Joint Funding Agreement Project#:SJO09ME FOR TIN M 74-6000574 Water Resource Investigations 9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codifier!at 31 U.S.C. § 3717) established by the U.S.Treasury, USGS Technical Point of Contact Customer Technical Point of Contact Name: Douglas Schnoebelen Name: Esteban Ramos Associate Director-South Texas Water Resources Manager Program Address: 1201 Leopard Street Address: 5563 DeZavala Road Suite 290 Corpus Christi, TX 78401 San Antonio,TX 78249 Telephone: (361)826-3294 Telephone: (210)691-9262 Fax: Fax: (210)691-9270 Email: estebanr2@cctexas.gov Email: dschnoebelen@usgs.gov USGS Billing Point of Contact Customer Billing Point of Contact Name: Kandis Becher Name: M. P. Sudhakaran Budget Analyst Water Resources Mgmt Advisor Address: 501 W. Felix Street Bldg 24 Address: 2726 Holly Road Fort Worth,TX 76115 Corpus Christi, TX 78415 Telephone: (682)316-5051 Telephone: (361)826-3667 Fax: (682) 316-5022 Fax: (361) 826-4420 Email: kkbecher@usgs.gov Email: mp@cctexas.com U.S. Geological Survey United States City of Corpus Christi Department of Interior Signature Signatures BY ///L=re—M104/2018 gY Date: Name:Timothy aines Name: Title: Director Title: BY Date: Name: Title: BY Date: Name: Title: CITY OF CORPUS CHRISTI 19SJJFATX029000 City of Corpus Station USGS Christi Total Number Description Funds Funds Funds 001:SURFACE WATER 08194000 Nueces River at Cotulla,TX Full Range Streamflow Station $4,580.00 $11,320.00 $15,900 08194500 Nueces River near Tilden,TX Full Range Streamflow Station $4,580.00 $11,320.00 $15,900 08205500 Frio River near Derby,TX Full Range Streamflow Station $4,580.00 $11,320.00 $15,900 08206600 Frio River at Tilden,TX Full Range Streamflow Station $4,580.00 $11,320.00 $15,900 08206900 Choke Canyon Reservoir nr Three Rivers,TX Reservoir Contents $2,465.00 $5,435.00 $7,900 08206910 Choke Canyon Res.outflow nr Three Rivers,TX Q below Base and Continous Stages $2,850.00 $7,650.00 $10,500 08210000 Nueces River near Three Rivers,TX FPS Full Range Streamflow Station $0.00 $0.00 $0 08210500 Lake Corpus Christi near Mathis,TX Reservoir Contents $2,465.00 $5,435.00 $7,900 08211000 Nueces River near Mathis,TX FPS Full Range Streamflow Station $0.00 $0.00 $0 08211200 Nueces River above Bluntzer,TX Q below Base and Continous Stages $2,850.00 $7,650.00 $10,500 08211500 Nueces River at Calallen,TX FPS Full Range Streamflow Station $0.00 $0.00 $0 08211502 Nueces River near Odem,TX Q below Base with AVM and Continuous Stage $0.00 $13,500.00 $13,500 SURFACE WATER TOTAL: $28,950 $84,950 $113,900 003:WATER QUALITY 08211200 Nueces Rv at Bluntzer,Tx Temp.,Cond.,pH,Diss.Oxy.,Turbidity Monitor(5-Parm) $0 $43,000 $43,000 08211502 Nueces River near Odem,TX Temp.and Cond.Monitor(2-Parm) $0 $16,200 $16,200 08211503 Rincon Bayou Channel near Calallen,TX Temp.and Cond.Monitor(2-Parm) $0 $16,200 $16,200 WATER-QUALITY TOTAL: $0 $75,400 $75,400 CITY OF CORPUS PROJECT USGS CHRISTI TOTAL FUNDS FUNDS FUNDS SURFACE WATER:00170 $28,950 $84,960 $113,900 WATER QUALITY:00370 $0 $75,400 $75,400 TOTAL $28,950 $160,350 $189,300 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of September 25, 2018 1852 Action Item for the City Council Meeting of October 9, 2018 DATE: September 14, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll�cctexas.com (361) 826-3464 Food Program Purchase CAPTION: Resolution authorizing the purchase up to $421,000.00 in food supplies for the senior and summer youth feeding programs through the Coastal Bend Council of Governments' ("CBCOG") participation in the TEXAS20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. PURPOSE: To continue allowing the use of the CBCOG's Agreement with the TEXAS20, a Purchasing Cooperative that is under Region 20 of the Education Service Center, gives staff maximum reach for products and services that are needed to keep various programs and services supported across the City, including but not limited to providing food for the Meals on Wheels Program, Senior Centers and the Summer Youth Feeding Program, which are all grant funded. BACKGROUND AND FINDINGS: The TEXAS20 Purchasing Cooperative has identified two vendors that are currently meeting the needs of the feeding programs, Labatt Food Service provides the majority of the foods at an estimated expenditure of $344,000.00 and Hill Country Dairies provides the milk products at an estimated $77,000.00 for a total estimated annual expenditure of $421,000.00. TEXAS20 will rebid this service periodically and therefore staff cannot determine which companies will have the bids for the following program term, but is requesting to continue this arrangement with the TEXAS20 at an expenditure not to exceed $421,000.00 for the 2018-2019 fiscal year. ALTERNATIVES: Providing Food Services is challenging as a number of local suppliers do not accept Purchase Orders and do not offer the discounts that can be obtained through these types of Purchasing Cooperatives, therefore staff considers use of the Cooperatives as the best option for the City. OTHER CONSIDERATIONS: No other product available. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement as allowed by Texas Government Code Article 791.011 Inter-Local Cooperation Act as amended. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $410,000.00 $0.00 $410,000.00 BALANCE $410,000.00 $0.00 $410,000.00 Fund(s): Park Grants Fund 1067 Comments: The funding for the above is provided by the Elderly Nutrition Program Grant and Summer Food Program Grant. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Purchasing Agreement Resolution authorizing the purchase up to $421,000.00 in food supplies for the senior and summer youth feeding programs through the Coastal Bend Council of Governments' ("CBCOG") participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. Whereas, Texas Local Government Code Section 271.102 (a) provides that a local government may participate in a cooperative purchasing program with another local government of this state or another state or with a local cooperative organization of this state of another state and Whereas, Texas Local Government Code 271.102 (c) provides that a local government that purchases goods or services under this subchapter satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or services; Whereas, Texas Government Code Chapter 791 Section 791 .011 authorizes local governments to contract with another local government to perform governmental functions and services including purchasing in accordance with Chapter 791 ; Whereas, the Coastal Bend Council of Governments has entered into agreements for participation in the TEXAS 20 Purchasing Cooperative on behalf of seven Coastal Bend elderly nutrition program providers to allow for substantial savings for local nutrition programs to be realized by volume purchasing of specific commodity items; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or designee, is authorized to execute all documents necessary under Texas Local Government Code Chapter 271 Subchapter F and Texas Government Code Chapter 791 to purchase up to $421,000.00 in food supplies for the senior and summer youth feeding programs through the Coastal Bend Council of Governments' participation in the Texas 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. SECTION 2. This 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 , The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith 4/712018 Details ESC*20 Coastal Bend Commitment& Contract u'"`''°' "�'n "�u'"'�° `°°w" serving the Educafima)Communlry C o u n c l I of UnAnt�a,TX.78208.19919 System Governments r Print ----— ESC-20 Participation Commitment for 2018-2019 COOPERATIVE NAME: Commercial Food Service Purchasing DESCRIPTION: Cooperative offering procurement sery ces for school food service operations.Utilizes the collective buying power of members through an annual bid process open to vendors and manufacturers In order to solicit pricing for the upcoming bid term In addition we provide tza ning,resources and exceptional customer service to help manage your child nutrition program Detailed Information avmtab`a at www.esc20.neVTEXAS20. District Name:Coastal Band[:ouncd of Governments CountyfDistrict Number,- ESC•20 WILL, • Provide a resolution to be approved by the organ¢atieds governing body for ESC•20 to act an ih beha f in soliciting ptopasaSs • Revise spenfications each year • Provide members with procurement timeline ochadule • Prepare and combine quantity request forms received from members for each proposal Request pricing for food service related items meeting the specified quantity Conduct Award Meetings Abide by b d laws + Enter proposals for tabulation and evaluatior • Ass-s%in sampling required b J items following award meeting • Develop award mfonmation farms for member use • Send award 9formation to vendors • Develop system for gath-_rng evaluation Womlation from members on vendor performance and product quality • Provide comparison Informatvm with previous awards to evaluate aflectiverress of proposals Provide order guides with awarded items Provide technical assistance to coop members Provide customized trainings . Coordinate Felt cluster meetings • Provide technical assistance an utilizing commodity processing pounds Maintain current website Most annual Food,Products and Services showcase • Includes membership for the participation in PACE Purchasing Cooperative THE LOCAL EDUCATION AGENCY(LEA)WILL: • Ensure on approved resolutlon to participate in Cooperative Is on liio with ESC-20 • Designate on organization employee to serve as a liaison with ESC-20 for each of the selected options below Provide release time for meoMgs,propose openings,and testing assistance as needed When requested and agreed,provide work space and additional employees to assist with testing • Idertify delivery location within organization on purchase orders • Prepare purchase orders for items awarded on proposals Ensure timely payments to vendors who receive proposal awards Provido ESC-20 With evaluation forms regarding vendor and product concems . Purchase awarded items for current school year • Utilize the TEXAS 20 website for the most current information • Evaluate purchased velocity of items and commit do quantities for upcoming bid term • Maintain confldentiahly of all information discussed in bid award meetings • Follow TOAIUSDA procurement regulations and practice ongoing Contract Management(if oppticable) • Attend two meetings annually if selected to participate in the Advisor Group • Complete and submit FND-101(TDA Certificate o1 Authority)form to allow coop access to view contract In TX•UNPS(if applicable) PRICING STRUCTURE: The TEXAS 20 Purchasing Coopefaliva is a totally soli-funded entity.To provide this revenue.a fee of.0085 cents or each$I purchased Is charged through a Vendor Administration Fee. This fee is cc lecled directly from the awarded vendors.Members,even though Incurring the lee indirectly pay no direct lee to the Cooperative for participation. httpsJlbusiness,esc20.nellapexlf7p=200:3::5:WO::P3 CMT FORM_1D,P3 DISTRICT_ID,P3 PAGE_BEFORE.P3_PREVIOUS_PAGE 224,17316,5,5 112 91712016 Details ESC-20 CONTACT DETAILS: Name:Jennifer rnney Email:jenniferGnney@esc20.net Phone 0:210 3705491 "'This Agreement depends upon ft continued availability of designated grant funds and expenditure authority from the grantor agency for th s purpose The agreement only becomes effective upon the District's receipt of the Notice of Grant Award from the awarding agency.It funding is through a grant award.If for any reason the granting agency fails to appropriate funds or grant expenditure authority,or funds became unavailable by operation of law or federal funds reductions or state funds reductions,this Agreement may be terminated by tho District Termination for any of these reasons is not a default by the District nor does It give rise to a claim against the District. htips.llbusiness.esC2O,netiapexlf7p=240:3-..5.NO.P3_CMT_FORM_ID,P3_DISTRICT_ID,P3_PAGE_BEFORE,P3_PREVIOUS_PAGE 224,17316,5 5 2,-2 9/712018 Comm.tments Selected ESC*20Coastal Bend Um G� togw ServFfig the EdumdorralCommon,ty Commitment& Contract aemsn ,�emunrtnlo M4"'rmAven� System Council Of SmAntoalaTX179"&10" � Governments Commitments Selected Commitment For:2018.2019 STATUS Commitment Forms Gra up PRICE Saved By Submitted By Submitted Commercial Food Service Purchas ng Texas20 Purchasing Cooperative John BL:xner John Buckner STATUS Total. $0•00 Grand Total $0.00 Export t.Excel 1-1 tRetum httpsllbusiness.esc20.nettapexlt7p=200 50_:NO'. 1 1 se GO O� Va. AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of September 25, 2018 1852 Action Item for the City Council Meeting of October 9, 2018 DATE: September 25, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Garbage Truck Parts for Asset Management CAPTION: Motion authorizing a one-year supply agreement for the purchase of garbage truck parts with Heil of Texas of San Antonio, Texas via BuyBoard cooperative for $220,000, with a one-year option for a total potential multi-year amount not to exceed $440,000. PURPOSE: This item is to approve the purchase of Garbage Truck Parts. BACKGROUND AND FINDINGS: Fleet Maintenance currently has the requirement for filters, brakes, engine parts, body parts, supplies and other Class 8 truck parts perform repairs on City vehicles and equipment. Acquisition of these goods is essential for Fleet Maintenance to maintain the fleet so that Departments, in turn, can accomplish their missions. It is also important that these parts be delivered in a timely manner so that vehicles and equipment can be turned around, placed back in service, and continue to perform required operations. This Supply Agreement will significantly assist Fleet in ensuring the above is accomplished. The Purchasing Division utilized the Buyboard cooperative for these procurements. Contracts awarded through the cooperatives have been competitively procured and are in compliance with Texas local and state procurement requirements. The Purchase Division also compared several cooperatives to obtain the best price for the City. 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 DEPARTMENTALCLEARANCES: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget .00 $440,000.00 $440,000.00 Encumbered / Expended Amount .00 .00 .00 This item .00 $440,000.00 $440,000.00 BALANCE .00 .00 .00 Fund(s): Fleet Maint. Svc. Comments: The initial contract is for an amount not to exceed $220,000 funded in FY2018-2019, with one-year option for a total potential multi-year amount not to exceed $440,000. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement mUs c.� �o w A SUPPLY AGREEMENT NO. 1859 U Garbage Truck Parts for Fleet Maintenance yaeaoRp 1852 THIS Garbage Truck Parts for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Heil of Texas ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Garbage Truck Parts for Fleet Maintenance in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Garbage Truck Parts for Fleet Maintenance in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to one 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 $220,000.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminSCcctexas.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. (A) 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. (B) 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 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 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415 Phone: 361 .826.1959 Fax: 361 .826.8255 IF TO SUPPLIER: Heil of Texas Attn: John Davis Vice President 503 Pop Gunn Street, San Antonio, Texas 78219 Phone: 210-224-5800 Fax: 210-223-0033 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. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 12/15/17 SUPPLIER Signature: !� Printed Na e: ✓r SCS Title: Vrc ars;at*o t-- Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Atfached 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. NIA Exhibit 2: Supplier's Bid Response Supply Agreement Standard Farm Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1 . The Supplier will provide garbage truck parts for the City's Fleet Maintenance Department as follows: filters, brakes, engine parts, body parts, supplies and other related Class 8 parts. 2. Parts will be ordered on an as needed basis. 3. Supplier shall deliver parts between the hours of 8:00 am through 5:00 pm to include Saturdays. 4. Supplier shall deliver parts to the City Garage, City Service Center at 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415. 5. Supplier shall provide invoice with PO number upon delivery. 6. In-stock parts ordered before 2:00 pm shall be delivered within 48 hours. 7. Non-stock parts ordered after 2:00 pm will be delivered within 72 hours. Page 1 of 1 o Attachment B - Pricing Schedule H City of Corpus Christi U Quote Form p RIGAnS 1852 Description Discount Garbage Truck Parts 3% off Catalog pricing Buyboard Contract 551-17 Freight $10,000.00 Total Not to Exceed $220,000.00 COMPANY: Heil of Texas NAME OF PERSON AUTHORIZED TO SIGN: John Davis ADDRESS: 503 Pop Gunn St CITY/STATE/ZIP: San Antonio, Texas 78219 PHONE: 210-224-5800 EMAIL: johndavis@heiloftexas.com FAX: 210-223-0033 DATE: SIGNATURE: TITLE: Vice President Page 1 of 1 Attachment C: Insurance and Bond 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 the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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 11 (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 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 Page 2 of 3 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time 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. 2018 Insurance Requirements Purchasing - Fleet Dept. Delivery of Automotive Parts and Supplies 07/12/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this agreement Page 3 of 3 Attachment D: Warranty Requirements a. All OEM service parts sold by the supplier have a six-month warranty from the date of purchase. Aftermarket parts purchased from supplier are supported by a 90-day warranty. The parts warranty covers parts only, providing that factory inspection reveals a defect in material or workmanship. Labor, troubleshooting, equipment downtime, etc. is not covered under the parts warranty policy. b. Supplier makes no other warranty, expressed or implied, and makes no warranty of merchantability or of fitness for any particular purpose. The supplier does not assume any liability or accept claims for loss of profits, product down time or any other direct, incidental or indirect consequential losses, costs, damages, or delays. se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of September 25, 2018 Nc1852Ev Action Item for the City Council Meeting of October 9, 2018 DATE: September 25, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd(a�cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Heavy Equipment Parts for Asset Management CAPTION: Motion authorizing a one-year supply agreement for the purchase of heavy equipment parts with Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas via BuyBoard cooperative for $630,000, with a one-year option for a total potential multi-year amount of$1,260,000. PURPOSE: This item is to approve the purchase of Heavy Equipment Parts. BACKGROUND AND FINDINGS: Fleet Maintenance currently has the requirement for filters, brakes, engine parts, body parts, supplies and other Class 8 truck parts for use by Fleet Maintenance to effect repairs on City vehicles and equipment. Acquisition of these goods is essential so that Fleet Maintenance can continue to maintain the fleet and Departments, in turn, can accomplish their missions. It is also important that these parts be delivered in a timely manner so that vehicles and equipment can be turned around, placed back in service, and continue to perform required operations. This Supply Agreement will significantly assist Fleet in ensuring the above is accomplished. The Purchasing Division utilized the Buyboard cooperative for these procurements. Contracts awarded through the cooperatives have been competitively procured and are in compliance with Texas local and state procurement requirements. The Purchasing Division also compared several cooperatives to obtain the best price for the City. 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 DEPARTMENTALCLEARANCES: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget .00 $1 ,260,000 $1 ,260,000 Encumbered / Expended Amount .00 .00 .00 This item .00 $1 ,260,000 $1,260,000 BALANCE .00 .00 .00 Fund(s): Fleet Maint. Svc. Comments: The initial contract is for an amount not to exceed $630,000 funded in FY2018-2019 with an estimated expenditure of $1 ,260,000. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement SC G° a w � � '� SUPPLY AGREEMENT NO. 1854 H U Heavy Equipment Parts for Fleet Maintenance NPkPu RP�� I852 THIS Heavy Equipment Parts for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Rush Truck Centers of Texas, LP dba, Rush Truck Center, Corpus Christi ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Heavy Equipment Parts for Fleet Maintenance in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Heavy Equipment Parts for Fleet Maintenance in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2 Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to one 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 $630,000.00, subject to approved extensions and changes. Paymentwill 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 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminS@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. & Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new. The Supplier 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 manufacturer, as indicated 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. Supply Agreement Standard Form Page 2 of 7 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12 Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. 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. 136 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. Supply Agreement Standard Form Page 3 of 7 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: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers Street, Building 313, Corpus Christi, Texas 78415 Phone: 361 .826.1959 Fax: 361 .826.8255 IF TO SUPPLIER: Rush Truck Center Attn: TW Hedfelt General Manager 3001 IH69 Access Rd., Robstown, Texas 78380 Phone: 361 .726.4943 Fax: 361 .726.4860 Copy to: Rush Enterprises, Inc. 555 IH35 South New Braunfels, TX 78130 17. INDEMNIFICATION. (A) 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 THIRD PARTY 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 RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS ("THIRD PARTY CLAIMS'). Supply Agreement Standard Form Page 4 of 7 SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THIRD PARTY CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID THIRD PARTY CLAIMS, PROVIDED THAT, AND NOTWITHSTANDING ANYTHING ELSE HEREIN TO THE CONTRARY, SUPPLIER SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIM TO THE EXTENT SUCH THIRD PARTY CLAIM IS A RESULT OF THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY . THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. (B) THE PARTIES AGREE THAT IN THE EVENT OF ANY ACTION BROUGHT BY ONE PARTY AGAINST THE OTHER, NEITHER PARTY SHALL BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN THE UNIFORM COMMERCIAL CODE, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES. I& Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on Supply Agreement Standard Form Page 5 of 7 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. 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. Supply Agreement Standard Form Page 6 of 7 SUPPLI Sign Printed Name: + cxk - LU tfC I�- r- Title: Date: `� [ S CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney 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. NIA Exhibit 2: Supplier's Bid Response NIA Supply Agreement Standard Form Page 7 of 7 Attachment A: Scope of Work 1. Supplier shall provide filters, brakes, engine parts, body parts, supplies and other Class 8 truck parts on an as needed basis. 2. Supplier shall deliver parts to the City Garage, City Service Center at 5352 Ayers Street, Building 3B, Carpus Christi, Texas 78415. 3. Parts ordered before 2:00 pm shall be delivered same business day. 4. Parts ordered after 2:00 pm shall be delivered next business day. 5. Supplier shall deliver parts between the hours of 8:00 am through 5:00 pm to include Saturdays and 'holidays. 6. Supplier shall have a bill of sale upon delivery. 7. Parts will be ordered on an as needed basis. Page 1 of 1 ©mus c w 111 Attachment B - Pricing Schedule City of Corpus Christi Quote Farm Description Discount Heavy Equipment Parts 10% based on Catalog ricin Buyboard Contract 521-16 Freight $30,000.00 Total Not to Exceed $630,000.00 COMPANY: Rush Truck Centers of Texas, LP dba Rush Truck Center, Corpus Christi NAME OF PERSON AUTHORIZED TO SIGN: TW Hedfelt ADDRESS: 3001 IH 69 Access Rd. CITY/STATE/ZIP: Robstown, Texas 78380 PHONE: 361-726-4943 EMAIL: HedfeltTl @rushenterprises.com FAX: 361-726-4860 DATE: SIGNATU Yiera Manager Page 1 of 1 Attachment C: Insurance and Bond 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 the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator {1 } copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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 Page I of 3 ■ Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. 'Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time 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. 2018 Insurance Requirements Purchasing - Fleet Dept. Delivery of Automotive Parts and Supplies 07/12/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this agreement Page 3 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- Vil. 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.Q. 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 Carpus Christi where the City Is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 Attachment D: Warranty Requirements a. PRODUCTS - MANUFACTURER WARRANTIES ONLY. Printed warranty provided by the applicable manufacturer of the product. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PRODUCT(S) ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED. b. LIMITED WARRANTY ON SERVICES. All services performed by the Contractor, including maintenance and repair services ("Services"), will be performed in a good and workmanlike manner ("Services Warranty"). The Services Warranty is valid for a period of ninety (90) days from the date the Service is completed. CONTRACTOR PROVIDES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING SERVICES. The Services Warranty is strictly limited to Services performed by the Contractor for the City. Page 1 of 1 ,as c� w �A 0 F v AGENDA MEMORANDUM NCOgppppif4 Future Item for the City Council Meeting of September 25, 2018 1852 Action Item for the City Council Meeting of October 09, 2018 DATE: September 25, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD(a).cctexas.com (361) 857-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a( cctexas.com (361) 826-3169 Backflow Prevention Testing and Repairs for Asset Management CAPTION: Motion authorizing a three-year service agreement for backflow prevention testing and repairs for City facilities with Smart Plumbing, Inc. of Corpus Christi, Texas for a total amount not to exceed $276,286. PURPOSE: This service will provide Backflow Prevention Testing and Repairs services necessary at City facilities. BACKGROUND AND FINDINGS: Asset management is responsible for maintenance of 478 City owned or leased facilities. These facilities have complex backflow systems that are outside the level of expertise of our staff. It is determined that in the event that a backflow repair arises that is beyond the level of expertise of our staff, a professional backflow company with a more abundant resource of experienced certified backflow technicians would be needed to perform the work so that the facility does not fall into disrepair. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and staff is recommending the award to the lowest, responsive, responsible bidder, Smart Plumbing Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $276,286 $276,286 BALANCE $0.00 $0.00 $0.00 Fund(s): Various Comments: Funding will be provided by various departments at the time work is needed. 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 1798 Backflow Preventer Testing and Repairs for Facilities BUYER:JAPAN SHAH Asset Department Smart Plumbing Shoreline Plumbing Item Description Unit Qty Unit Rate Total Price Unit Rate Total Price 1 Backflow Prevention Testing and Certification *including filing fee Nos 909 $ 104.00 $ 94,536.00 $ 110.00 $ 99,990.00 2 Labor for Backflow repair and New installation. Normal Hours-8:00 AM to 5:00 PM HRS 1200 $ 75.00 $ 90,000.00 $ 90.00 $ 108,000.00 Estimated Mark Up(%) Mark Up(%) Spend Parts for repair backflow preventer and New 19% 15% 3 Backflow preventer $ 75,000.00 $ 89,250.00 $ 86,250.00 Filing fee for New Backflow prevention device 4 Allowance $2,500 $ 2,500.00 $2,500 $ 276,286.00 $ 296,740.00 mus ar 00 � 0 �A > SERVICE AGREEMENT NO. 1798 U Backflow Prevention Testing and Repairs for Facilities yO RPOR A xs52 THIS Backflow Prevention Testing and Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Smart Plumbing Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Backflow Prevention Testing and Repairs in response to Request for Bid/Proposal No. 1798 ("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 Backflow Preventer Testing and Repairs ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 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 $276,286.00, 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 12/15/17 Name: Jesse Hernandez Department: Asset Management- Maintenance Division Phone: (361 )-826-1983 Email: JesseHCcctexas.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: Jesse Hernandez Title: Superintendent of Operations Address: 5352 Ayers Rd Building 3A, Corpus Christi, TX 78415 Phone: (361 )-826-1983 Fax: (361 )-826-3795 IF TO CONTRACTOR: Smart Plumbing Inc Attn: Reed Glendenning Title: President Address: P.O Box 81429, Corpus Christi, TX 78468 Phone: (361 )-993-5039 Fax: (361 )-993-7838 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: Reed Glendenning Title: President Date: 9/4/2018 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1798 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 gyUS G� v ATTACHMENT A: SCOPE OF WORK /hOq PORAE6 1852 1.1 General Requirements/Background Information A. The Contractor shall provide Backflow Prevention Testing and Repair services for City owned facilities. B. The Contractor shall provide Testing and as needed Repair services to approximate 303 Backflow prevention devices annually. The size of the back- flow prevention devices ranges from 3/4" to 4". C. The Contractor shall provide labor, materials, tools, and transportation necessary to perform the services for all locations. D. The Contractor shall perform Testing and as needed Repair services during normal working hours 8:00 AM to 5:00 PM, excluding City holidays. In the event of repair service call, the Contractor shall be on site within two hours or within an agreeable time frame determined by the Operations Superintendent. 1.2 Testing and Certification A. The Contractor shall perform testing per Texas Commission on Environmental Quality (TCEQ) Chapter 290, the City of Corpus Christi chapter 14-281 Plumbing code requirement and other applicable State requirement. B. The Contractor shall make the necessary repairs for devices that fail testing. If any repairs are needed to the device, the Contractor shall call Operation Superintendent and provide an estimated repair cost that includes labor and material cost. C. There shall be no additional charges for retesting and certification for those devices repaired by the Contractor. D. The Contractor must file necessary Test and Maintenance Report - TCEQ 20700 Form with the City's Development Services via Brycer no more than 10 calendar days from the date tested. Test reports submitted late will be rejected and the tester will be required to retest the device, at no additional charge, and resubmit the report. E. For newly installed back flow prevention assemblies, a Test and Maintenance report is required to be filed. F. Test and Maintenance reports must be filed for assemblies that are removed. There is no filing fee for removals. G. Test and Maintenance reports are required to be filed for all backflow prevention assemblies tested under this contract. H. The Contractor shall keep the record and report on a database or other tracking system and follow up with the City 3 weeks prior to expiration testing date for the following year. Page 1 of 15 1.3 Repair Service Call A. The Contractor shall be available to repair services on an as needed basis. B. The City will provide the work order before commencement of services. Contractor shall request the work order from the Operation Superintendent, if City fails to provide. C. In order to minimize overstaffing and equipment downtime, the City staff shall provide work description on the Work order or explain by email/ phone. Based on the description, Contractor will have a general idea of the work prior to commencement. The Contractor shall not overstaff for job repairs, and use upon customary trade practices, the City's reserves the right to only pay the fees for customary trade practices. D. After inspection of work, Contractor shall call the Operation Superintendent and provide an estimated repair cost that includes labor and material cost. E. The Contractor shall use manufacturer recommended parts. F. The Contractor shall only invoice the City for the time spent on the property. The City will not pay for time spent in route or travelling to acquire parts/supplies. G. Upon completion of repair service call, the Contractor's representative shall provide a job ticket. The job ticket shall include, but not limited to-Company Name, Name of technician, Date of Service, Detailed Description of the work performed, root causes of failure, parts used, Work Order number and total time spent on job. 1.4 New Installation of Backflow Prevention Assembly A. Installation shall only be done when the current back flow preventer is not repairable or not economically beneficial for the City to repair. The Contractor shall inform Operation Superintendent the reason the back-flow preventer cannot be repaired, or not economically beneficial to the City. B. The Contractor shall provide a repair cost estimate and replacement cost. The City may elect to purchase a new backflow assembly. C. The Contractor shall receive approval to furnish a new preventer from Operation Superintendent. Contractor shall discuss technical specifications before purchasing new back flow preventer. D. New backflow prevention assemblies must be installed to the proper height, in such a manner that the serial number can be easily read to pass inspection. E. When replacing an assembly, the contractor shall place a note on the Test and Maintenance Report as to which device it is replacing. 1.5 Contractor/Technician Qualification A. As per Texas Commission on Environmental Quality (TCEQ) Chapter 290, the Contractor's backflow prevention assembly testers must be qualified to test, repair and install assemblies on any domestic, commercial, industrial, or lawn Page 2 of 15 irrigation service and must hold a Backflow Prevention assembly Tester license issues by TCEQ. B. The Contractor must register with the City's Development Service Department to test within the City limits. 1.6 Invoicing A. The Contractor's invoice must contain the following: I. Purchase Order Number. II. Address and Division. III. Description of Service. IV. Bill of Materials. V. Copies of all invoices for parts/materials (to verify markup �o). VI. Total hours billed, itemized by position and hourly rate. VII. Name of authorizing City representative. VIII. Testing and Maintenance Report 1.7 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. 1.8 Warranty A. The Contractor shall provide one-year warranty on workmanship and one- year warranty or manufacturer warranty on new parts and new backflow prevention device. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. 1.9 Special Instructions A. The Contractor shall check in upon arrival and check out after completion of work with the onsite City representative or Operation superintendent. B. If the Contractor is required to leave the premises to obtain parts or other materials, the Operation Superintendent or onsite City representative must be notified. C. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall safeguard the area while services are being performed. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this agreement. D. The Contractor must clean work site from debris or hazards after completion of work. E. The Contractor shall dispose 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. Page 3 of 15 1.10 Work Location The following locations are where the devices are located Parks Dept 7540 RANCHO VISTA BLVD Convention & Visitors Bure 1809 N CHAPARRAL ST City of Corpus Christi Traffic Eng 405 PALM DR City of Corpus Christi Maint & Ops Gas Dept 4225 S PORT AVE # B City Of Corpus Christi Parks Dept 202 SANDBAR AVE IRR PARKS DEPT. 4231 SANTA FE ST # COM01 City of Corpus Christi Inter. Airport 474 PINSON DR CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 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BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 Page 5 of 15 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 Page 6 of 15 City of Corpus Christi Oso Bay Park 2446 N OSO PKWY City of Corpus Christi Oso Bay Park 2446 N OSO PKWY City of Corpus Christi Regional Trans Auth 602 N STAPLES ST City of Corpus Christi Regional Trans Auth 602 N STAPLES ST City of Corpus Christi Regional Trans Auth 602 N STAPLES ST City of Corpus Christi Regional Trans Auth 602 N STAPLES ST 1900 N CHAPARRAL ST # City of Corpus Christi Auditorium BL005 1900 N CHAPARRAL ST # Clty of Corpus Christi Auditorium BL005 1900 N CHAPARRAL ST # Clty of Corpus Christi Auditorium BL005 1900 N CHAPARRAL ST # CITY OF CORPUS CHRISTI BL005 1900 N CHAPARRAL ST # Clty of Corpus Christi Museum *** BL005 1900 N CHAPARRAL ST # Clty of Corpus Christi Auditorium BL005 1900 N CHAPARRAL ST # City of Corpus Christi Auditorium BL005 CITY OF CORPUS CHRISTI 901 RESACA ST City of Corpus Christi Fire Station #4 2338 RODD FIELD RD CITY OF CORPUS CHRISTI 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 Page 7 of 15 CITY OF CORPUS CHRISTI 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI (PARKS) 3202 MCKINZIE RD CITY OF CORPUS CHRISTI PARKS DEPT 3202 MCKINZIE RD CITY OF CORPUS CHRISTI 9725 UP RIVER RD CITY OF CORPUS CHRISTI (PARKS) 9725 UP RIVER RD CITY OF CORPUS CHRISTI 2334 RAIN MIST LN CITY OF CORPUS CHRISTI 5352 AYERS ST # BL012 CITY OF CORPUS CHRISTI 400 COOPER'S ALLEY ROW CITY OF CORPUS CHRISTI 400 COOPER'S ALLEY ROW CITY of Corpus Christi MARINA DIVISION 400 COOPER'S ALLEY ROW CITY OF CORPUS CHRISTI 100 PEOPLES T-HEAD ST CITY of Corpus Christi MARINA DIVISION 100 PEOPLES T-HEAD ST City of Corpus Christi Fire Station #5 3105 LEOPARD ST City of Corpus Christi Fire Station #5 3105 LEOPARD ST City of Corpus christi Police Depart 1501 HOLLY RD City of Corpus Christi Parkdale Library 1230 CARMEL PKWY CITY OF CORPUS CHRISTI- PARKS DEPT. 1230 CARMEL PKWY City of Corpus Christi Health Office 1702 HORNE RD City of Corpus Christi Health Office 1702 HORNE RD City of Corpus Christi Health 1702 HORNE RD CITY OF CORPUS CHRISTI 4225 S PORT AVE City of Corpus Christi Maint & Ops Gas Dept 4225 S PORT AVE City Of Corpus Christi Animal Care 2626 HOLLY RD # 131-006 City of Corpus Christi Police Impound Lot 5485 GREENWOOD DR City of Corpus Christi Garcia Library 5930 BROCKHAMPTON ST CITY OF CORPUS CHRISTI 3135 SWANTNER ST CITY OF CORPUS CHRISTI PARKS DEPT 5225 GOLLIHAR RD Page 8 of 15 CITY OF CORPUS CHRISTI 2823 DEVON DR CITY OF CORPUS CHRISTI 3600 MAPLE ST CITY OF CORPUS CHRISTI 3202 HIGHLAND AVE CITY OF CORPUS CHRISTI 1354 AIRPORT RD CITY OF CORPUS CHRISTI 1354 AIRPORT RD CITY OF CORPUS CHRISTI 1354 AIRPORT RD CITY OF CORPUS CHRISTI 1354 AIRPORT RD CITY OF CORPUS CHRISTI 3224 NIAGARA ST CITY OF CORPUS CHRISTI 4305 GREENWOOD DR CITY of Corpus Christi POLICE DEPT 120 N CHAPARRAL ST CITY of Corpus Christi POLICE DEPT 120 N CHAPARRAL ST CITY OF CORPUS CHRISTI 5352 AYERS ST # 131-006 CITY OF CORPUS CHRISTI 2626 HOLLY RD # 131-007 CITY OF CORPUS CHRISTI 1601 LA JOYA ST CITY OF CORPUS CHRISTI- PARKS DEPT 1601 LA JOYA ST 1902 N SHORELINE BLVD # City of Corpus Christi Art Museum Of So Tex BL004 1902 N SHORELINE BLVD # City of Corpus Christi Art Museum Of So Tex BL004 1902 N SHORELINE BLVD # City of Corpus Christi Art Museum Of So Tex BL004 1902 N SHORELINE BLVD # City of Corpus Christi Art Museum Of So Tex BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 2702 CAMARGO DR CITY OF CORPUS CHRISTI 5930 O'TOOLE DR CITY OF CORPUS CHRISTI 6737 SNEAD DR CITY OF CORPUS CHRISTI- PARKS DEPT 7125 GRAND JUNCTION DR CITY OF CORPUS CHRISTI- PARKS DEPT 3521 CRESTHILL DR CITY OF CORPUS CHRISTI- PARKS DEPT 3909 KINGSTON DR CITY OF CORPUS CHRISTI- PARKS DEPT 5842 TANGLEWOOD DR CITY OF CORPUS CHRISTI- PARKS DEPT 5902 ST ANDREWS DR Page 9 of 15 CITY OF CORPUS CHRISTI 6000 YORKTOWN BLVD City of Corpus Christi Fire Station #17 6869 YORKTOWN BLVD City of Corpus Christi Fire Station #17 6869 YORKTOWN BLVD CITY OF CORPUS CHRISTI 5900 YORKTOWN BLVD CITY OF CORPUS CHRISTI 1201 LEOPARD ST City of Corpus Christi City Hall 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi Central Library 805 COMANCHE ST CITY OF CORPUS CHRISTI PARKS DEPT 805 COMANCHE ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST Page 10 of 15 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST City of Corpus Christi Little Miss Kickball 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST City of Corpus Christi Art Community Cntr 100 N SHORELINE BLVD City of Corpus Christi Art Community Cntr 100 N SHORELINE BLVD CITY OF Corpus Christi Parks Dept 1002 NORTH SHORELINE CITY OF CORPUS CHRISTI PARKS DEPT 1201 LEOPARD ST CITY OF CORPUS CHRISTI PARKS DEPT 1201 LEOPARD ST City of Corpus Christi Parks Dept 1400 N SHORELINE BLVD CITY OF CORPUS CHRISTI- PARKS DEPT. 1400 N SHORELINE BLVD 1414 MARTIN LUTHER KING CITY OF CORPUS CHRISTI PARKS DEPT DR CITY of Corpus Christi STEVENS WATER TREATMENT PLA 14211 SAND DOLLAR AVE CITY OF CORPUS CHRISTI- PARKS DEPT. 1601 MESQUITE City of Corpus Christi - Water Dept. Wells 1602 WESTRIDGE BLVD Page 11 of 15 CITY OF CORPUS CHRISTI PARKS DEPT 1700 BLOCK OF KENEDY CITY OF CORPUS CHRISTI- PARKS DEPT. 1701 CHAPARRAL & HUGHES 1823 N CHAPARRAL ST # CITY OF CORPUS CHRISTI CONVENTION & VISITORS BL002 1900 N CHAPARRAL ST # City of Corpus Christi Museum *** BL005 1900 N CHAPARRAL ST # City of Corpus Christi Museum *** BL005 1901 N SHORELINE BLVD # City of Corpus Christi Parks Dept WTR 1 1901 N SHORELINE BLVD # CITY OF CORPUS CHRISTI AUDITORIUM WTR1 1901 N SHORELINE BLVD # CITY OF CORPUS CHRISTI AUDITORIUM WTR1 1901 N SHORELINE BLVD # City of Corpus Christi Auditorium WTR 1 1901 N SHORELINE BLVD # City of Corpus Christi Auditorium WTR1 1901 N SHORELINE BLVD # City of Corpus Christi Auditorium WTR 1 1901 N SHORELINE BLVD # City of Corpus Christi Auditorium WTR 1 1901 N SHORELINE BLVD # City of Corpus Christi Auditorium WTR1 CITY OF CORPUS CHRISTI ART MUSEUM 1902 N SHORELINE BLVD City of Corpus Christi Art Museum Of So Tex 1902 N SHORELINE BLVD CITY OF CORPUS CHRISTI- PARKS DEPT. 202 SANDBAR AVE IRR City of Corpus Christi Fire Station #4 2133 NODDING PINES DR CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 Page 12 of 15 CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 City of Corpus Christi Oso Bay Park 2446 N OSO PKWY City of Corpus Christi Oso Bay Park 2446 N OSO PKWY CITY OF CORPUS CHRISTI PARKS 300 NORTH CHAPARRAL CITY OF CORPUS CHRISTI 3102 QUAIL CREEK DR CITY OF CORPUS CHRISTI- PARKS DEPT. Backflow Preventer 3400 SURFSIDE city of Corpus Christi-Parks Dept Backflow Preventer 3500 SURFSIDE BLVD CITY OF CORPUS CHRISTI- PARKS DEPT. 3826 SURFSIDE CITY OF CORPUS CHRISTI- PARKS DEPT. 3826 SURFSIDE CITY OF CORPUS CHRISTI PARKS DEPT 4001 US-77 CITY OF CORPUS CHRISTI- PARKS DEPT. 444 N SHORELINE BLVD CITY OF CORPUS CHRISTI- PARKS DEPT. 444 N SHORELINE BLVD City of Corpus Christi Little Miss Kickball 4444 KOSTORYZ RD City of Corpus Christi Little Miss Kickball 4444 KOSTORYZ RD CITY OF CORPUS CHRISTI PARKS 4501 GREENWOOD CITY OF CORPUS CHRISTI 501 NILE DR CITY OF CORPUS CHRISTI 501 NILE DR CITY OF CORPUS CHRISTI- PARKS DEPT 5042 GREENBRIAR DR City of Corpus Christi Regional Trans Auth 5314 MCARDLE RD CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 Page 13 of 15 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 6809 YORKTOWN BLVD # CITY OF CORPUS CHRISTI- PARKS DEPT WTRI Page 14 of 15 6809 YORKTOWN BLVD # CITY OF CORPUS CHRISTI- PARKS DEPT WTRI City of Corpus Christi Fire Station #17 6869 YORKTOWN BLVD 902 NORTH SHORELINE CITY OF Corpus Christi Parks Dept BOULEVARD Frost Bank Building 2406 Leopard Page 15 of 15 �8 CITY OF CORPUS CHRISTI o'� 0 PURCHASING DIVISION Revised BID FORM 08/17/2018 • RFB No. 1798 Backflow Prevention Testing and Repairs for Facilities Date: $/27/2018 PAGE 1 OF 1 Smart Plumbing 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. Item Description UNIT Approx. Unit Price Total Price QTY- 3 Years 1 Back flow Prevention Nos 909 104.00 94,536.00 Testing and Certification *including filling fee 2 Labor for Sack flow Repair HRS 1200 and New Installation 75.00 90,000.00 Normal Hours-8:00 AM to 5:00 PM Estimated Mark Up Spend %a 3 Parts to repair backflow $ 75,000 19% 89,250.00 preventer and New Backflow preventer 4 Filing fee for New backflow $ 2500 $2500 Prevention device Total 276,286.00 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 (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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 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 of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 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 Page 2 of 3 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. 2018 Insurance Requirements Purchasing Inspect, Repair and Replace Backflow Preventers 07/05/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide one-year warranty on workmanship and one-year warranty or manufacturer warranty on new parts and new backflow prevention device. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. Page 1 of 1 ,as c� w �A 0 F v AGENDA MEMORANDUM NCOgppppif4 Future Item for the City Council Meeting of September 25, 2018 1852 Action Item for the City Council Meeting of October 09, 2018 DATE: September 25, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD(a).cctexas.com (361) 857-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a( cctexas.com (361) 826-3169 Plumbing Services for Asset Management CAPTION: Motion authorizing a three-year service agreement with Smart Plumbing Inc of Corpus Christi, Texas for plumbing services for City facilities for a total amount not to exceed $230,625. PURPOSE: This service will provide Plumbing services necessary at City facilities. BACKGROUND AND FINDINGS: Asset management is responsible for maintenance of 478 City owned or leased facilities. These facilities have outdated and complex plumbing systems that are outside the level of expertise of our plumbing staff. It is determined that in the event that a plumbing repair arises that is beyond the level of expertise of our plumbing staff, a professional plumbing company with a more abundant resource of experienced master/journeyman plumbers and engineers would be needed to perform the work so that the facility does not fall into disrepair. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and staff is recommending the award to the lowest, responsive, responsible bidder, Smart Plumbing Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $230,625 $230,625 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $230,625 $230,625 BALANCE $0.00 $0.00 $0.00 Fund(s): Various Comments: Funding will be provided by various departments at the time work is needed. 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 1774 Plumbing Services for Asset Management BUYER:JAPAN SHAH Asset Department Smart Plumbing Shoreline Plumbing Item Description Unit Qty Unit Rate Total Price Unit Rate Total Price 1 Journeyman Plumber-Normal hours- HRS 1200 $ 85.00 $ 102,000.00 $ 90.00 $ 108,000.00 8:00 AM to 5:00 PM 2 Helper-Normal Hours HRS 400 $ 45.00 $ 18,000.00 $ 44.00 $ 17,600.00 3 Journeyman Plumber-Afterhours, HRS 250 $ 127.50 $ 31,875.00 $ 135.00 $ 33,750.00 Saturdays,Sundays,and Holidays 4 Helper-Afterhours,Saturdays, HRS 100 $ 67.50 $ 6,750.00 $ 66.00 $ 6,600.00 Sundays,and Holidays Estimated Mark Up(%) Mark Up(%) Spend 5 Materials $60,000 20% $ 72,000.00 15% $ 69,000.00 $ 230,625.00 $ 234,950.00 mus ar 00 � 0 �A > SERVICE AGREEMENT NO. 1774 U Plumbing Services for Asset Management yO RPOR A xs5a THIS Plumbing Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Smith Plumbing Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Plumbing Services in response to Request for Bid/Proposal No. 1774 ("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 Plumbing Services ("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 36 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 $230,625.00, 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 12/15/17 Name: Jesse Hernandez Department: Asset Management- Maintenance Division Phone: (361 )-826-1983 Email: JesseH@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. (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/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: Jesse Hernandez Title: Superintendent of Operations Address: 5352 Ayers Rd Building 3A, Corpus Christi, TX 78415 Phone: (361 )-826-1983 Fax: (361 )-826-3795 IF TO CONTRACTOR: Smart Plumbing Inc Attn: Reed Glendenning Title: President Address: P.O Box 81429, Corpus Christi, TX 78468 Phone: (361 )-993-5039 Fax: (361 )-993-7838 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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; C. the bid solicitation document including any addenda (Exhibit 1 ); then, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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 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: Reed Glendenning President Title: Date: 9-10-2018 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1774 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 gyUS G� v ATTACHMENT A: SCOPE OF WORK /hOq PORAE6 1852 1.1 General Requirements A. The Contractor shall provide plumbing services for our City owned locations outlined in this Scope of work on as needed basis. B. The Contractor shall furnish labor, parts, supplies, materials, tools and equipment necessary to perform the services for all locations. C. The Contractor shall provide plumbing services as they arise. D. The Contractor shall have enough responsible, trained, and licensed personnel to provide the required services. E. The Contractor is responsible for making repairs of any material or equipment damaged during the completion of work or as a result of action or inaction by Contractor's staff. F. All work performed, and services provided must be accomplished in a manner that meets all applicable specifications, trade standards and provisions, and federal, state and local codes and regulations. 1.2 Routine and Emergency Service Call A. The Contractor shall be available to perform services on as needed basis. B. The City will provide the work order before commencement of services. The Contractor shall request the work order from the Operation Superintendent, if City fails to provide. C. In order to minimize overstaffing and equipment downtime, the City staff shall provide work description in the Work order or explain by email/ phone. Based on description, the Contractor will have a general idea of the work prior to commencement. The Contractor shall not overstaff for job repairs, and use upon customary trade practices, the City's reserves the right to only pay the fees for customary trade practices. D. After inspection of work, If the anticipated cost of Labor and Materials exceeds $1000, the Contractor must obtain approval from the Operation Superintendent prior to commencement of work. E. The Contractor shall perform routine service calls during normal working hours 8:00 AM to 5:00 PM, excluding City holidays. The Contractor shall be on site within two hours or within an agreeable time frame determined by the Operation Superintendent. F. Emergency service calls are defined as an event which requires immediate action to prevent a hazard to life, health, safety, property or to avoid failure of an equipment. When an emergency arises, the Operation superintendent shall notify the Contractor of the emergency repair at the facility. The Contractor shall be on site within an agreeable time frame determined by the Operation Superintendent. Page 1 of 5 G. The Contractor shall check in with the Operation Superintendent at the location upon arrival and check out after completion of work. H. If the Contractor is required to leave the premises to obtain parts or other materials, the Operation Superintendent must be notified. I. The Contractor shall only invoice the City for the time spent on the property. The City will not pay for time spent in route or travelling to acquire parts/supplies. J. Upon completion of the routine or emergency service call, the Contractor's representative shall provide a job ticket. The job ticket shall include, but not limited to: I. Company Name II. Name of technician and/or helper III. Date of Service, IV. Detailed Description of the work performed V. Root causes of failure, if applicable VI. Parts used VII. Work Order number VIII. Total time spent on job. 1.3 Service Personnel A. The Contractor and Technician shall have registered with the State of Texas in accordance with TDLR and to be free of TDLR violations within the last three years. Any personnel assigned to the project shall meet all applicable certification requirements of any regulatory agency having jurisdiction. The Contractor shall ensure that all personnel are continuously trained to meet the latest industry standards. B. The Contractor shall ensure that all crews are fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to the project shall wear a uniform, including safety equipment and any company issued photo identification. The Contractor's employees working on site shall wear clothing with an identification logo bearing the name of the company visible from 15 feet. 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 electrical work in accordance with NFPA 70E requirements. C. If the service personnel do not perform as per requirement, the City has the right to reject the personnel and the Contractor is liable to deploy new personnel. D. The Contractor shall conduct background checks for all personnel before assigned to work under this agreement. The Contract Administrator may ask for background check reports from the Contractor. The City reserves the right to approve or refuse employees because of back ground check. The Background check will be done at the sole expense of the Contractor. Page 2 of 5 1.4 Recordkeeping The Contractor shall establish and maintain a log delineating complete and accurate records of all repairs, parts, supplies and materials for each location for the term of the Contract. The Contractor shall update the logs after each service defined in the Contract. 1.5 Invoicing A. Each month, the Contractor shall submit the invoice for repair services to the City. Invoice must contain following: 1 . Purchase order number 2. Description of work 3. Total hours billed, itemized by position and hourly rate 4. Work order no/ Job ticket 5. Copies of all invoice for parts/materials (to verify markup %) B. Invoices shall be sent as follows: Original copy to the City's Account payable department and one (1 ) to the Contract Administrator. Approval for payment shall be authorized by the Operation Superintendent. 1.6 Safety A. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall safeguard the area while services are being performed. The Contractor shall try to minimize any interference to the building occupants with the day to day operations. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this agreement. B. The Contractor shall not store worn or defective parts on City premises at the end of the work day, unless otherwise approved by the Operation Superintendent or designee. C. The Contractor must clean work site from debris or hazards after completion of work. D. The Contractor shall dispose 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. 1.7 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. 1.8 Warranty A. The Contractor shall provide one-year warranty on workmanship. The Contractor shall provide one-year warranty or manufacturer warranty on all new parts. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. Page 3 of 5 1.9 Work Site and Conditions The Contractor shall perform plumbing services to the following locations including but not limited to: BUILDING Address Zip Code 1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416 2 City Hall 1201 Leopard St, Corpus Christi, TX 78401 3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415 4 Police Department 321 John Sartain St, Corpus Christi, TX 78401 5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401 6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408 7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415 8 Broadmoor Senior Center 1651 Tarlton St, Corpus Christi, TX 78415 9 Ethel Eyerly Senior Center 654 Graham Rd. Corpus Christi, TX 78418 10 Garden Senior Center 5325 Greely Dr, Corpus Christi, TX 78412 11 Greenwood Senior Center 4040 Greenwood Dr, Corpus Christi, TX 78416 12 Lindale Senior Center 3135 Swantner St, Corpus Christi, TX 78404 13 Northwest Senior Center 9725 Up River Rd, Corpus Christi, TX 78410 14 Oveal Williams Senior 1414 Martin Luther King Dr, Corpus Christi, 78401 Center TX 15 Zavala Senior Center 510 Osage St, Corpus Christi, TX 78405 16 La Retama Central Library 805 Comanche St, Corpus Christi, TX 78401 17 Garcia Public Library 5930 Brockhampton St, Corpus Christi, TX 78414 18 Janeth Harte Public 2629 Waldron Rd, Corpus Christi, TX 78418 Library 19 Hopkins Public Library 3202 McKenzie Rd, Corpus Christi, TX 78410 20 McDonalds Library 4044 Greenwood Dr, Corpus Christi, TX 78416 21 Neyland Public Library 1230 Carmel Pkwy, Corpus Christi, TX 78411 22 Joe Garza Recreation 3204 Highland Ave, Corpus Christi, TX 78405 Center 23 Lindale Recreation Center 3133 Swantner St, Corpus Christi, TX 78404 24 Oak Park Recreation 842 Erwin Ave, Corpus Christi, TX 78408 Center 25 Oso Recreation Center 1 1 1 1 Bernice Dr, Corpus Christi, TX 78413 Page 4 of 5 26 Soloman Coles Rec 924 Winnebago St, Corpus Christi, TX 78401 Center 27 Science and History 1900 N Chaparral St, Corpus Christi, TX 78401 Museum 28 Al Kruse Tennis Center 502 King St, Corpus Christi, TX 78401 29 HEB Pool Complex 1520 Shely St, Corpus Christi, TX 78404 30 HEB Tennis Court 1520 Shely St, Corpus Christi, TX 78404 31 Central Kitchen 4141 Old Brownsville Rd, Corpus Christi, TX 78405 32 O N Stevens Plant 13101 Leopard St, Corpus Christi, TX 78410 33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415 34 Oso Waste Water 501 Nile, Corpus Christi, TX 78412 Treatment Plant (WWTP) 35 Greenwood Waste water 6541 Greenwood Dr, Corpus Christi, TX 78417 treatment Plant 36 Broadway Waste Water 1402 W Broadway, Corpus Christi, TX 78401 Treatment plant 37 Laguna Madre Waste 201 Jester St, Corpus Christi, TX 78418 Water Treatment Plant 38 White Cap Waste Water 13409 White Cap St, Corpus Christi, TX 78418 Treatment plant 39 Allison WWTP 4101 Allison St, Corpus Chishti, TX 78410 40 CEFE Landfill 2397 Co.Rd.20, Robstown, TX 78380 41 J C Elliot Transfer Station 6594 Greenwood St, Corpus Christi, TX 78415 Page 5 of 5 Attachment B: Bid/Pricing Schedule cQg� CITY OF CORPUS CHRISTI Addendum 1 received o` 0 BID FORM PURCHASING DIVISION RFB No. 1774 I�2 Plumbing Services for Asset Management Date: 08/27/2018 PAGE 1 OF 1 Smart Plumbing 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 RFS. Item Description UNIT QTY- 3 Unit Total Price ears Price 1 Journeyman Plumber- Normal HRS 1200 hours-8:00 AM to 5:00 PM 85.00 102,000.00 2 Helper- Normal hours HRS 400 45.00 18,000.00 3 Journeyman Plumber- HRS 250 Afterhours, Saturdays, Sundays 127.50 31 875.00 and Holidays 4 Helper Plumber- Afterhours, HRS 100 Saturdays, Sundays and 67.50 6,750.00 Holidays Estimated Mark Up Spend (%J 5 Materials $60,000 20% 72,000.00 Total 230,625.00 Page 1 of 1 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, Bodily Injury and Property Damage non-renewal, material change, or termination required on all certificates and policies. Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $1,000,000 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 WORKERS'S COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is not this Exhibit. domiciled in Texas) $500,000/$500,000/$500,000 Employers Liability 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 Facility and Property Management Plumbing Installation, Maintenance, Repairs and Emergency Repairs 01/17/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide one-year warranty on workmanship. The Contractor shall provide one-year warranty or manufacturer warranty on all new parts. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. Page 1 of 1 se G� O � F U NpFFpRPEAGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 25, 2018 Second Reading for the City Council Meeting of October 9, 2018 DATE: September 4, 2018 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director of Planning and ESI danielmc�cctexas.com (361) 826-7011 Urban Transportation Plan Amendment — Deletion of one proposed (C1) Collector street Las Tunas, located on North Padre Island approximately 0.2 miles south of Whitecap Blvd. Between Palmira Avenue and South Padre Island Drive (Park Road 22). CAPTION: Ordinance amending Urban Transportation Plan map by deleting a portion of Las Tunas Drive, a proposed C1 Collector located approximately 0.2 miles south of Whitecap Boulevard connecting Palmira Avenue with South Padre Island Drive (Park Road 22). PURPOSE: The purpose of this item is to change the City's Urban Transportation Plan map by deleting one planned street to accommodate a proposed commercial shopping center development on Padre Island. BACKGROUND AND FINDINGS: A "Collector" street provides access to local, other collector, and arterial streets. The lowest order of"collector" streets is designed to "collect" local streets with the intent of connecting them to a broader arterial grid system. Collectors are recommended to be spaced every 0.25 to 0.50 miles per section 8.2.1.0 of the Unified Development Code (UDC). The proposed amendment will eliminate a portion of a proposed C1 Collector street, Las Tunas Drive, located on Padre Island between South Padre Island Drive (Park Road 22) and Palmira Avenue, which is also designated as a C1 Collector on the City's Urban Transportation Plan (UTP) map. Yasin Investments, LLC (developer) proposes to construct a shopping center on land at the southwest corner of South Padre Island Drive (PR 22) and Las Tunas Drive. Las Tunas Drive is currently a dedicated but mostly unbuilt street with a 50-foot wide right-of-way. The right-of-way for Las Tunas Drive is located predominately within wetlands. As a requirement of the building permit, the developer will have to combine multiple smaller lots ("replat") into one commercial lot. The current UTP map calls for this segment of Las Tunas Drive to become a C1 collector with a 60-foot wide right-of-way that would connect Palmira Avenue to PR 22. During re-platting of the land, the City would require the developer to dedicate additional right-of-way and build Las Tunas Drive. The developer has initiated the request to remove this master planned street from the UTP network and will also request the official closure of the existing 50-foot wide street right-of-way. Eliminating this portion of Las Tunas Drive from the UTP map was based on several factors. First, the Las Tunas Drive right-of-way has been designated as a wetland from South Padre Island Drive to Palmira Avenue by the U.S. Army Corps of Engineers. Constructing over wetlands is contrary to City policy of protecting wetlands and would require costly mitigation. Second, the developer needs to replat the shopping center site to consolidate nine existing platted lots into one lot. The replat will trigger the dedication of an additional five feet of right-of-way for the proposed C1 collector. This will cause difficulties with the shopping center layout. Third, the shopping center site contains wetlands and will require a significant amount of fill to raise the site as much as seven feet above the existing grade of Las Tunas Drive. This grade differential will make access to the shopping center from Las Tunas Drive difficult. Fourth, even with the closure of Las Tunas Drive, residents' access and connectivity to South Padre Island Drive will be maintained with two additional collectors meeting the recommended spacing of 0.25- to 0.50-miles between Whitecap Blvd. and Encantada Avenue. ALTERNATIVES: Denial of the proposed ordinance amendment. OTHER CONSIDERATIONS: To provide connectivity lost due to the elimination of Las Tunas Drive the developer is willing to construct a shared use path on the southern property boundary connecting the shopping center to the existing residential neighborhood west of Palmira Avenue. The use of golf carts on Padre Island is increasing but is prohibited on South Padre Island Drive (PR 22) due to speeds and safety concerns. Providing a cart path would improve connectivity and convenience for local residents eliminating some vehicle trips on South Padre Island Drive (Park Rd. 22). South Padre Island Drive (PR 22) is a TxDOT-controlled roadway and the developer will be required to obtain driveway permits from TxDOT. TxDOT may require the developer to consider shared or cross access with the property owner north of Las Tunas Drive following the removal of Las Tunas Drive from the UTP map and the street closure. CONFORMITY TO CITY POLICY: The proposed amendments conform to City policy, Plan CC Comprehensive Plan and Mobility CC: • Providing a shared use path to accommodate pedestrians, bikes, and golf carts promotes interconnectivity between neighborhoods rather than creating isolated developments, offers a safer pedestrian or bicycle path to the shopping center, and supports multimodal transportation network (Plan CC) • The spacing of the collectors conforms to Mobility CC. • Eliminating Las Tunas Drive protect wetlands. (Plan CC) EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Planning, and Development Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff and the Transportation Advisory Commission and the Planning Commission recommend approval of the proposed amendment for the following reasons: • Quarter-mile to half-mile collector spacing requirements are maintained. • Adequate residential traffic circulation is maintained. • Impacts to wetlands are reduced. • The need for additional vehicles to access Park Road 22 is reduced by the developer providing a shared use path to the shopping center. LIST OF SUPPORTING DOCUMENTS: Ordinance with exhibit PowerPoint Presentation Ordinance amending Urban Transportation Plan map by deleting a portion of Las Tunas Drive, a proposed C1 Collector located approximately 0.2 miles south of Whitecap Boulevard connecting Palmira Avenue with South Padre Island Drive (Park Road 22) WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendment to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, May 30, 2018, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, September 25, 2018, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by deleting a portion of a proposed C1 Collector known as Las Tunas Drive, having an alignment running east/west from Palmira Avenue to South Padre Island Drive (Park Road 22) as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 2 Exhibit A 1 N 1 I I 1 CANE HARBOR CT WHITECAP BLVD 1 1 I 1 I 1 1 1 1 r 1 1 1 1 r 1 x F%6 zSApF 1 1 Q Q4F ATASCADERA AVE W 1 1 w jN 1 u 1 1 U � 1 1 u I I 1 r r 1 I 1 1 1 BOUNTY AVE 1 1 1 1 r 1 1 1 1 1 G 1 LAS TUNAS DRI ..Q..............i N 1 CUTLASSAVE m I O I a 1 a 1 N 1 I I 1 1 1 > 1 y F a 1 N Q 1 W N Y C 1 1 N 1 � 7 1 V 1 1 1 1 1 •........... VIENTO DEL MAR DR 0 250 500 1,000 Feei 3 Urban Transportation Plan Amendment: Deletion of a Portion of Las Tunas Drive City Council Presentation September 25, 2018 I� Subject Property J p Y p_ o �yx Las Tunas Dr Collectors: sY. F Constructed ------------ -- F@44PgRKw4 — — — — Planned Current Plan CAnEnAasoaR A $ E ys9 r o qAE ATASCADEM AVE � 3 AVE 11-AVE Balli Shopping Center a w D k (Access Rd.4) 0 250 500 1 OOr1 `Oapus SH,p� i 4 i Y X y ies i i ��Ey 1l1 P,Lr. fir►` !. �t iY a� Jac•��• `,�� I F• � � ' � 'f 0Proposed Amendment • Deletes a portion of Las Tunas Drive, a proposed C1 Collector, from Palmira Avenue to South Padre Island Drive. • Removes the need for ROW dedication of platted land. • Eliminates time and expense to mitigate wetlands to construct the road. Site Plan Pa m i ra PL � a GREEN SPACE gg >D 8 a U8 m Seashore , School J� 3 Vacant SOUTH PADRE ISLAND DRNE I _ SITE PLAN �xzeu�wwu m cnmm... Ti Park Rd. 22 6 Proposed Amendment ATAS[ADEM AVE � tE � 3 LA5'rurva5 _s--------------! cuTV.55 AVE 9 w � � zso sou t,— Feet 7 Recommendation Staff recommends approval of the UTP amendment as presented for the following reasons: • 0.25 to 0.50-mile collector spacing requirements are maintained. • Adequate residential traffic circulation is maintained. • The need for additional vehicles to access Park Road 22 is reduced by the developer providing a shared use path to the shopping center. • Impacts to wetlands are reduced. �yUS CgA` H AGENDA MEMORANDUM Nown AI Public Hearing and First Reading for the City Council Meeting of September 25, 2018 1852 Second Reading Ordinance for the City Council Meeting of October 9, 2018 DATE: September 5, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Unimproved Street Right-of-Way Closure of Las Tunas Drive CAPTION: Ordinance closing, abandoning and vacating a 0.516-acre portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No. 1 and requiring petitioner, Yasin Investment, LLC., to comply with specified conditions. PURPOSE: The purpose of this ordinance is to close, vacate, and abandon 0.516 of an acre (22,498- square feet) of an unimproved street right-of-way, portion out of Padre Island No. 1 between Block 12 and 13, a map which is recorded in Volume 13, Page 4, Deed and Map Records of Nueces County, Texas and requiring the owner, Yasin Investment, LLC., to comply with the specified conditions. BACKGROUND AND FINDINGS: Yasin Investment LLC. is requesting the closure, vacation, and abandonment of a 0.516 of an acre (22,498-square feet) unimproved street right-of-way, portion out of Padre Island No. 1, a map of which is recorded in Volume 13, Page 4, Deed and Map Records of Nueces County, Texas located between Palmira Avenue and South Padre Island Drive (Park Road 22). The abandonment and vacation of the unimproved street right-of-way is being requested by the owner to facilitate construction of a proposed shopping center. The majority of the Las Tunas Drive right-of-way has been designated as a wetland from 100' west of South Padre Island Drive to Palmira Avenue by the Army Corps of Engineers. All of the Las Tunas Drive right-of-way, except for the first 100' back from South Padre Island Drive will remain wetlands. Las Tunas Drive is about 2,150 feet from the next existing C1 Collector, Merida Drive. Therefore, even with the closure of Las Tunas Drive, residents' access to South Padre Island Drive will be maintained and the collector spacing recommendation of 0.25- to 0.50-mile increments is also maintained. To provide connectivity lost due to the elimination of Las Tunas Drive the developer is willing to construct a cart path on the southern property boundary connecting the shopping center to the existing residential neighborhood west of Palmira Avenue. Providing a cart path would improve connectivity and convenience for residents. South Padre Island Drive (PR 22) is a TxDOT-controlled roadway and the developer will be required to obtain driveway permits from TxDOT. The developer shall provide shared or cross access with the property owner north of Las Tunas Drive following the removal of Las Tunas Drive from the UTP map and the street closure. Ownership of the unimproved street will be divided between abutting owners being Yasin Investment, LLC and Axys Capital Credit Fund LLC. The adjoining owner also consents to the street closure. Public notice to sixty-five property owners' within 450 feet was mailed via U.S. mail service on September 13, 2018 and the notice was published in the Caller Times on September 9, 2018. ALTERNATIVES: Denial of the proposed street right-of-way closure. This will adversely impact the Owner's ability to move forward with future development of the adjacent property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-12(c). Public notice for the proposed street and alley closure was placed with the U.S. Postal Service on September 13, 2018 and published in the Caller Times on September 9, 2018. 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 street right-of-way closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No payment associated with unimproved street right of way (i.e. "paper streets"). RECOMMENDATION: Staff recommends closure of the unimproved street right-of-way closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit PowerPoint Presentation Ordinance closing, abandoning and vacating a 0.516-acre portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No. 1 and requiring petitioner, Yasin Investment, LLC., to comply with specified conditions. WHEREAS, Yasin Investment, LLC. (Owner) is requesting the closure, abandonment and vacation of 0.516-acre tract of a unimproved public right-of-way, being a portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No.1, a map which is recorded in Volume 13, Pages 3 and 4, Map Records of Nueces County, Texas, located between Palmira Avenue and South Padre Island Drive (Park Road 22); WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 25, 2018, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate a 0.516-acre tract of an existing unimproved road, portion out of Padre Island No. 1, a map which is recorded in Volume 13, Pages 3 and 4, Map Records of Nueces County, Texas, 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 Yasin Investment, LLC. (Owner), a 0.516-acre of an existing unimproved road out of Padre Island No. 1 , located between Palmira Avenue and South Padre Island Drive (Park Road 22), as recorded in Volume 13, Pages 3 and 4 of the Map Records of Nueces County, Texas, is closed, 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 the graphical representation of the legal, "Exhibit B", which is a metes and bounds description and field notes, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The closing, abandonment and vacation of the unimproved road 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 public street right-of-way closures must be recorded at the Owners' expense in the real property 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. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void. b. The Owner will construct and maintain a private cart path, with a minimum width of 10-feet, on the southern side of the property. c. The Owner must dedicate a joint access easement with the adjacent property owner. d. Ownership of the unimproved street will be divided between abutting owners being Yasin Investment, LLC and Axys Capital Credit Fund LLC. e. 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 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SURVEY OF A 0.516 ACRE TRACT BEING A PORTION OF LAS TUNAS DRIVE,A PLATTED YET UNOPENED ROAD, AS SHOWN ON A MAP RECORDED IN VOLUME 13, PAGES 3 AND 4, MAP RECORDS OF NUECES COUNTY, TEXAS. PALMIRA AVENUE EXHIBIT A 50'RIGHT OF WAY 5!8'RE-BAR FOUND FOR N00°43'54"E SW CORNER OF LOT 98,BEARS 00' IVIEAS SCALE 1"_80' 500'43'WW 449.9T(450.00' 50. PI ! P.O.B. t0 �O r0 T2 4104 Tr CpT2 l pT 44 -04 BLOCK 12 PADRE ISLAND NO.1 VOL.13,PGS.I-S M.R.N.C.T. 000 z 00 p p o BLOCK 13tTj PADRE ISLAND NO.1 o t VOL.13,POS.1-9 :ft b %m M.R.N.C.T. -9e I filo v N A � O l �� tp� �pT ?cn r1 C) 1p 1p 1p .y E O 5!8'RE•BAR FOUND FOR S00°43' 16'V SE CORNER OF LOT 9A,BEARS SOO'43'16-W 450.01'(450.00'P) 50,00' MEAS) PARK ROAD 22 200'RIGHT OF WAY O= SET 518"RE-BAR THIS SURVEY DONE WTCHOUTTHE BENEFIT OF A TITLE COMMITMENT. OO = FOUND 5/$"RE-BAR NOTES: STATE OF TEXAS EXHIBIT B COUNTY OF NUECES Field notes of a 0.516 acre tract being a portion of Las Tunas Drive,a platted yet unopened road,as shown on a map recorded in Volume 13,Pages 3 and 4, Map Records of Nueces County,Texas. Said 0.516 acre tract being more particularly described as follows: BEGINNING at a 5/8"re-bar found in the intersection of the south right of way of Las Tunas Drive,a platted yet unopened road,and the east right of way of Palmira Avenue, for the northwest comer of Lot I B, Block 13, Padre Island No. I, as shown on a map recorded in Volume 13, Pages 1 - 8, Map Records of Nueces County, Texas,and for the southwest corner of this survey, from WHENCE a 518"re-bar found for the southwest corner of Lot 9B, Block 13,bears South 00043'54"West, a distance of 449.97 feet. THENCE over and across Las Tunas Drive, with the common line of the east right of way of Palmira Avenue and this survey, North 00°43'54"East,a distance of 50.00 feet to a 518"re-bar set in the intersection of the north right of way of Las Tunas Drive and the east right of way of Palmira Avenue, for the southwest corner of Lot 20B, Block 12,Padre Island No. 1,and for the northwest corner of this survey. THENCE with the common line of the north right of way of Los Tunas Drive,Lot 20B,and this survey, South 89°15'00"East, a distance of 449.95 feet to a 518" re-bar set in the intersection of the north right of way of Las Tunas Drive and the west right of way of Park Road 22, for the southeast corner of Lot 20A,Block 12, and for the northeast comer of this survey. THENCE over and across Las Tunas Drive, with the common line of the west right of way of Park Road 22 and this survey, South 00'43'16"West,a distance of 50.00 feet to a 518" re-bar found in the intersection of the south right of way of Las Tunas Drive and the west right of way of Park Road 22, for the northeast corner of Lot I A, Block 13,and for the southeast corner of this survey, from WHENCE a 518"re-bar found for the southeast comer of Lot 9A, bears South 00'43'16"West, a distance of 450.01 feet. THENCE with the common line of the south right of way of Las Tunas Drive,Lot IA,and this survey, North 89'l 5'00"West,a distance of 449.96 feet to the POINT of BEGINNING of this tract,and containing 0.516 acre of land, more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.)Set 518"re-bar= re-bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day March 1. 2018 and is correct to the best of my knowledge and belief. !. r Ronald t. Brister, RP-LS No. 5407 Date: March 14, 2018. y,�P D RONALQ E BRISTER ................................ 5407 Job No. 180202 Unimproved Street Right-of-Way Closure for Padre Island No. 1, Block 13 and 14 (Las Tunas Drive) City Council Presentation September 25, 2018 Vicinity Map Ir Joint Access a� i L Cart Path Proposed C1 Collector Y Aerial Overview It Joint • . .. - . Access 0 0 449.95-feet - a _-i- Qa r► 4 �� `ti• Ca rt owl Path 0 = Proposed Future Layout Ir It Joint a� vg4nm BMW(@ � p� s , r �0 3 r ' a ® e= F Ca rt Path • �- s qw Staff Recommendations Approval �yUS CgA` H AGENDA MEMORANDUM Nown AI Public Hearing and First Reading for the City Council Meeting of September 25, 2018 1852 Second Reading Ordinance for the City Council Meeting of October 9, 2018 DATE: September 5, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Partial Street Right-of-Way closure, vacation, and abandonment of Battlin' Buc Boulevard and Lipan Street, and alley closures out of Nelson Addition Block 2 and 3. CAPTION: Ordinance closing, vacating, and abandoning a 0.50 acre portion of Battlin' Buc Boulevard, a 0.43 acre portion of Lipan Street, a 0.069 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 2, and a 0.034 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 3, and requiring Corpus Christi Independent School District to comply with specified conditions. PURPOSE: The purpose of this ordinance is to close, vacate, and abandon a portion of Battlin' Buc Boulevard and a portion of Lipan Street. The proposed alley closures include an alley located between Mestina Street and Lipan Street and an alley located between Lipan Street and Up River Road. The two alleys will be retained as utility easements by the City of Corpus Christi. BACKGROUND AND FINDINGS: Corpus Christi Independent School District is requesting the closure, vacation, and abandonment of 0.50 of an acre of a portion of Battlin' Buc Boulevard in addition to the closure, vacation, and abandonment of 0.43 of an acre of a portion of Lipan Street. The proposed street closures will allow for future expansion and construction of a new R.O.T.C. building and parking lot. All existing utilities within the closure area will be rerouted as necessary to accommodate for future construction. The proposed alley closure of 0.069 of an acre between Mestina Street and Lipan Street out of Nelson Addition Block 2, and the proposed alley closure of 0.034 of an acre between Lipan Street and Up River Road out of Nelson Addition Block 3, if approved, will be retained as utility easements by the City of Corpus Christi. Public notices for the proposed street and alley closure were mailed via U.S. Postal Service to twelve property owners within 450 feet on September 13, 2018 and the notice was published in the Caller Times on September 9, 2018. Adjoining property owners' consent to the street closures. The proposed street and alley closure is necessary for the construction of a new R.O.T.C. building and parking lot. ALTERNATIVES: Denial of the proposed street right-of-way and alley closures. This will adversely impact the school district's ability to move forward with future development. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-12. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed street right-of-way closures or alley closures. FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Other ❑ Not Applicable Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item $89,400 $89,400 BALANCE $89,400 $89,400 Fund(s): General Funds COMMENTS: Abandonment as set forth herein is conditional upon retaining easement for all utilities in place at time of abandonment and closure. Said easements to be shown on the plat at the time property is platted. RECOMMENDATION: Staff recommends approval of the street right-of-way and alley closures. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Power Point Presentation Ordinance closing, vacating, and abandoning a 0.50 acre portion of Battlin' Buc Boulevard, a 0.43 acre portion of Lipan Street, a 0.069 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 2, and a 0.034 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 3, and requiring Corpus Christi Independent School District to comply with specified conditions. WHEREAS, Corpus Christi Independent School District is requesting the closure, vacation, and abandonment of 0.50 of an acre, being a portion of Battlin' Buc Boulevard, formally known as Palm Street, as shown on a map of Nelson Addition, a map which is recorded in Volume 1 , Page 15, Map Records of Nueces County, Texas, located between Leopard Street and Up River Road; WHEREAS, Corpus Christi Independent School District is requesting the closure, vacation, and abandonment of 0.43 of an acre, being a portion of Lipan Street, out of Nelson Addition, a map which is recorded in Volume 1 , Page 15, Map Records of Nueces County, Texas, located between Battlin' Buc Boulevard and Palm Drive; WHEREAS, Corpus Christi Independent School District is requesting the closure of 0.069 of an acre, being a 10-foot alley, out of Nelson Addition Block 2, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, located between Mestina Street and Lipan Street; WHEREAS, Corpus Christi Independent School District is requesting the closure of 0.034 of an acre, being a 10-foot alley, out of Nelson Addition Block 3, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, located between Lipan Street and up River Road; WHEREAS, with proper notice to the public, a public hearing was held on September 25, 2018, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, vacate and abandon a 0.50 of an acre, being a portion of Battlin' Buc Boulevard, formally known as Palm Street, as shown on a map of Nelson Addition, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, subject to compliance by the Owner with the conditions specified in this ordinance; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, vacate and abandon a 0.43 of an acre, being a portion of Lipan Street, out of Nelson Addition, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, subject to compliance by the Owner with the conditions specified in this ordinance; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close 0.069 of an acre, being an 10-foot alley, out of Nelson Addition Block 2, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, located between Mestina Street and Lipan Street, subject to compliance by the Owner with the conditions specified in this ordinance; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close 0.034 of an acre, being a 10-foot alley, out of Nelson Addition Block 3, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, located between Lipan Street and up River Road, 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 Corpus Christi Independent School District, 0.50 of an acre, being a portion of Battlin' Buc Boulevard, formally known as Palm Street, as shown on a map of Nelson Addition, a map which is recorded in Volume 1 , Page 15, Map Records of Nueces County, Texas, is closed, vacated , and abandoned by the City of Corpus Christi ("City"), subject to the Corpus Christi Independent School District's compliance with the conditions specified in Section 5 of this ordinance. Exhibit "A-1", which is a metes and bounds description and field notes, Exhibit "B-1", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. Pursuant to the request of Corpus Christi Independent School District, 0.43 of an acre, being a portion of Lipan Street, out of Nelson Addition, a map which is recorded in Volume 1 , Page 15, Map Records of Nueces County, Texas, is closed, vacated , and abandoned by the City of Corpus Christi ("City"), subject to the Corpus Christi Independent School District's compliance with the conditions specified in Section 5 of this ordinance. Exhibit "A-2", which is a metes and bounds description and field notes, Exhibit "B-2", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 3. Pursuant to the request of Corpus Christi Independent School District, 0.069 of an acre being a 10-foot alley, out of Nelson Addition Block 2, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, is closed by the City of Corpus Christi ("City"), subject to the Corpus Christi Independent School District's compliance with the conditions specified in Section 5 of this ordinance. Exhibit "A-3", which is a metes and bounds description and field notes, Exhibit "B-3", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 4. Pursuant to the request of Corpus Christi Independent School District, 0.034 of an acre being a 10-foot alley, out of Nelson Addition Block 3, a map which is recorded in Volume 1 , Page 15, Map Records of Nueces County, Texas, is closed by the City of Corpus Christi ("City"), subject to the Corpus Christi Independent School District's compliance with the conditions specified in Section 5 of this ordinance. Exhibit "A-4", which is a metes and bounds description and field notes, Exhibit "134", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 5. The closure, vacation, and abandonment of the streets and closure of the alleys described in Section 1 , 2, 3, and 4 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Payment of the fair market value be made in the amount of $89,400.00. Failure to comply with this condition within 180 calendar days will hereby make this Ordinance null and void. b. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners' expense in the real property 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. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void. c. Abandonment as set forth herein is conditional upon retaining easement for all utilities in place at time of abandonment and closure. Said easements to be shown on the plat at the time property is platted. d. The Owner must relocate any existing utility lines as approved by the City of Corpus Christi. e. 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 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT 66A-1" LEGAL DESCRIPTION OF A 21,600 SQUARE FOOT BATTLIN' BUC STREET CLOSURE LOCATED IN NUECES COUNTY,TEXAS Being a 21,600 square foot tract, being a portion of Battlin' Buc Boulevard, (formally known as Palmer Street)as shown on a map of Nelson Addition,recorded in Volume 1,Page 15,Map Records,Nueces County, Texas,and being more particularly described as follows: BEGINNING at a calculated point in the intersection of the south right-of-way of Mestina Street and the east right-of-way of Battlin' Buc Boulevard, at the northwest corner of Lot 7, Block 2, said Nelson Addition, and for the northeast corner of the herein described tract; THENCE South 00° 09' 20" West, with the east right-of-way of Battlin' Buc Boulevard, a distance of 360.00 feet to a calculated point in the intersection of the south right-of-way of Lipan Street and the east right-of-way of Battlin' Buc Boulevard, and on the north line of Lot 11, Block 3, Nelson Addition, as recorded in Vol8ume 55, Page 86, Map Records, Nueces County, Texas, for the northeast corner of that portion of Battlin' Buc Boulevard closed by City Ordinance No. 021321, as passed by the City Council of Corpus Christi, 14t` January 1992,filed in City Secretary's office,and for the southeast corner of the herein described tract; THENCE North 89° 50' 40" West, with the south right-of-way of Lipan Street, a distance of 60.00 feet to a calculated point in the west right-of-way of Battlin' Buc Boulevard, same being the east boundary line of Block 1, Seven Oaks Addition, as shown on a map recorded in Volume 5, Page 2, Map Records,Nueces County, Texas, and for the northwest corner of said Lot 11, Block 3,Nelson Addition and the southwest corner of the herein described tract; THENCE North 00° 09' 20" East, with the said west right-of-way and the east boundary line of said Block 1, Seven Oaks Addition, as shown on a map recorded in Volume 5, Page 2, Map Records, Nueces County, Texas, a distance of 360.00 feet to a calculated point on said east boundary line, and for the northwest corner of the herein described tract; THENCE South 89° 50' 40" East, a distance of 60.00 feet to the POINT OF BEGINNING and containing 21,600 square feet; NOTE: ALL BEARINGS ARE BASED ON PLATTED RIGHT OF WAY OF BATTLIN' BUC BOULEVARD S 000 09' 20" W. SEPARATE PLAT EXHIBIT`B" WITH EVEN DATE ACCOMPANIES THIS DESCRIPTION. � 7srfRF��v Raul A. Castillo,RAS A N Registered Professional Land Surveyor . .A U. - Texas Registration No. 5061 RAUL A. CASTILLO Hanson Professional Services 5061 . TBPE F#417 TBPLS F# 100395-00 �gN�FeSs 10�yp� /p SUR`1 Date: ✓VWe-_ Page 1 of 1 JUN 19, 2018 7:34 AM CASTIO1832 h.\17JOBS\17GO084\CAD\SURVEY\M0DEL\MILLER HS\MILLER GROUNDS - T1003.DWG 0 60 120 240 LEOPARD STREET Epi GRAPHIC SCALE IN FEET71 w - - - - - - - - - - - 5 � CCISD ' I � ' — ' I DOC'NO. I O� DOC.NP.D.R.N.C.T. I Z O 16 .r � SFS I MggTlNA &THERESA STREEPS CLOSED BYLo _ — — — 1795, DATED 11AY 15, 1945 �jL_ — �— ORDINANOVOL� 245. PAGE 81 —— �.R.N.C.Ty — O - - - -- -- C-1 - - - - - CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT VOL. 177, PG. 113 d M.R.N.C.T. MESTINA S890 0 40"E 60.00' P.O.B. Lo�/LSOC�0` — _ t- 7 tz �l!cTq O/�o 0 o O �L•a ao33 _ c CF2 e jp lrFso O to 4f CCISD — VOL. 2160, PG. 269 4f 1 AQO C p D.R.N.C.T. C /)/ MILLER HIGH SCHOOL 1=;/: �T /sti w/w CCISD O o DOC 0.799265 CCISD p/� D.R.N.C.T. VOL. 2243, T 493 o p D.R.N. . p CCISD 1 VOL. 2197, PG. 306 D.R.N•C.T. PROPOSED ROAD CLOSURE 0.50 ACRES LIPAN 21,600 S.F. LEGEND: =CALCULATED CORNER N89a 50' ' 40"W 60.00' 5 d s — P.O.B. =POINT OF BEGINNING OCy— I Oi JS10 0 O ——By ORDINANCE #1795. 6 P/r- O 3 LIPAN SEDATED MAY 15, 1945 rA I 'C'�,•86 3 VOLUME 246, PAGE 81 I D.R.N.C.T. NOTE: N f I I I I L THIS IS A DESCRIPTIVE SKETCH EXHIBIT ONLY. NO FIELD SURVEY WAS PERFORMED OR COMPLETED TO VERIFY THE TRACT BOUNDARIES AS DEPICTE ON. BEARINGS ARE BASED ON THE PLATTED BATTLIN BUC BOULEVARD.THIS MAP A�O Y EXHIBIT B-1 DESCRIPTIONS. Q\. tr l TF,p �. R FO ...� OCoPYn9hf Hanson Professional Services Inc.soya ............. .........:N. ROAD CLOSURE Raul A.Castillo,ROCS ......... ...........A 0.50 ACRES BEING A PORTION OF BATTLIN' Registered Professional Lan Surveyor5061 1 <gHANISONBUC BOULEVARD, AS SHOWN ON A PLAT Texas Registration No.5061 FfSS 10�PO� Hanson Profassional5ervioes Inc. RECORDED IN AP RECORDS, COUNTY, TEXAS Date: qN® SURA y TAPE F-SR /TBPLS PG 039500 F-60&% TBAE F-SR 2458 1 1HPG FSOSSB EXHIBIT "A-2" LEGAL DESCRIPTION OF A 18,600 SQUARE FOOT LIPAN STREET CLOSURE LOCATED IN NUECES COUNTY,TEXAS Being a 18,600 square foot tract,being a portion of Lipan Street,as shown on a map of Nelson Addition recorded in Volume 1,Page 15,Map Records,Nueces County,Texas,and being more particularly described as follows: COMMENCING at a calculated point in the intersection of the south right-of-way of Mestina Street and the east right-of-way of Battlin' Buc Boulevard, at the northwest corner of Lot 7, Block 2, said Nelson Addition. THENCE South 00° 09' 20" West, with the east right-of-way of Battlin' Buc Boulevard, a distance of 300.00 feet to a calculated point in the intersection of the north right-of-way of Lipan Street and the east right-of-way of Battlin' Buc Boulevard, for the southwest corner of said Block 2,for the northwest corner of the herein described tract,and POINT of BEGINNING; THENCE South 89° 50' 40" East, with the north right-of-way of Lipan Street, a distance of 310.00 feet to a calculated point in the intersection of the west right-of-way of Palm Drive and the north right-of-way of Lipan Street, same being the southeast corner of said Block 2, and for the northeast corner of the herein described tract; THENCE South 00° 09' 20"West,with the said west right-of-way, a distance of 60.00 feet to a calculated point on the northeast corner of Block 3, said Nelson Addition, and for the southeast corner of the herein described tract; THENCE North 89° 50' 40" West, with the south right-of-way of Lipan Street, a distance of 310.00 feet to a calculated point for the northeast corner of that portion of Battlin' Buc Boulevard closed by City Ordinance No. 021321, as passed by the City Council of Corpus Christi, 14th January 1992, filed in City Secretary's office, same being the northeast corner of Lot 11, Block 3, Nelson Addition, as shown on a map recorded in Volume 55, Page 86, Map Records,Nueces County, Texas, and for the southwest corner of the herein described tract; THENCE North 00° 09' 20" East, a distance of 60.00 feet to the POINT OF BEGINNING and containing 18,600 square feet; NOTE: ALL BEARINGS ARE BASED ON PLATTED RIGHT OF WAY OF BATTLIN' BUC BOULEVARD S 000 09' 20" W. SEPARATE PLAT EXHIBIT "B" WITH EVEN DATE ACCOMPANIES THIS DESCRIPTION. OF aul A. Castillo,RPLS S TE,,F+ Registered Professional Land Surveyorcl� Texas Registration No. 5061 RAUL A. CASTILLO ................................. Hanson Professional Services 5061 TBPE F#417 TBPLS F# 100395-00 qN� SURA y0 Date: Page 1 of i JUN 19, 2018 7:37 AM CAST101832 I.\17JOBS\17GO084\CAD\SURVEY\MODEL\MILLER HS\MILLER GROUNDS - T1003.DWG 0 60 120 2401� `-� LEOPARD STREET E GRAPHIC SCALE IN FEET W 71 S I I I I � I � ► � d l _ _ - - CCISD -3 — I I I I DOC.NO.832163 O I I I OI DOC-NP.i.R.N.CIT. C-4By n tiFs I 'oRnutexce RE DATED 11A 9 45 _ �� — VOLUME 2'18• PAGE BS — — O •�� gQQT - - ��T 0/y� — s I CORPUS CHRISTI INDEPENDENT � SCHOOL DISTRICT VOL. 177, PG. 113 C M.R.N.C.T. MESTINA P.O.C. S�L d 0 7 OC�O0, - - - - 19 ti�Tq o7To o L a '-° � OCCISD O�s°ti w VOL 2160. PG. 269'L / CQQ/T D.R.N.C.T. MILLER HIGH SCHOOL o cT. /Sti 0 CCISD DOC.NO.799265 CCISD D.R.N.C.T. VOL. 2243• PG• 493 n 1 D.R.N.C.T. o CCISD ° PROPOSED ROAD CLOSURE VOL. 2197, PG. 306 Z D.R.N.C.T. 0.43 ACRES o P.O. /310.00 N 18,600 S.F. �� Sg9a 50' 4o„E / o p' 310.00' LEGEND: �?zv 0 0 ® =CALCULATED CORNER I cJ S — o�,�Y- — P.O.B. =POINT OF BEGINNING P.O.C. =POINT OF COMMENCEMENT o I COi SO Q��0 L 7 ORDINANCE (1795. I gC0�1�Q ——— LiPAN �DATED LOSED BI5. 1945 9 I �!� ,T�S O VOLUME.R N C.T.GE BS gat I NOTE: THIS IS A DESCRIPTIVE SKETCH EXHIBIT ONLY. NO FIELD SURVEY WAS PERFORMED OR COMPLETED TO VERIFY THE TRACT BOUNDARIES AS DEPICTED HEREON. BEARINGS ARE BASED ON THE PLATTED RIGHT OF WAY OF BATTLIN BUC BOULEVARD.THIS MAP TO AC DESCRIPTIONS. GO r EXHIBIT B-2 %t &P, + OCopynyhf Hooson Professional Services Inc. 2018 _ ROAD CLOSURE aul A. Castillo,R S % .. .+ • iIUO �HuM-,'SO N 0.43 ACRES BEING A PORTION OF LIPAN, AS Registered Professional La Survey, �f�1�1�N SHOWN ON A PLAT RECORDED IN VOLUME 1, Texas Registration No.5061 Eq*0 ES$►ONp� Hanson Professional Services Inc- PAGE 15, MAP RECORDS, NUECES COUNTY, TEXAS Date: �® SUR`1 TBPE F-417/TBPLS F-10039500 TBAE F-SR 2458 1 TBPG F-50556 EXHIBIT 6(A-3" LEGAL DESCRIPTION OF A 3,000 SQUARE FOOT BLOCK TWO NELSON ADDITION ALLEY CLOSURE LOCATED IN NUECES COUNTY,TEXAS Being a 3,000 square foot tract,being all of the 10 foot wide alley in Block Two(2),Nelson Addition, as shown on a map recorded in Volume 1, Page 15, Map Records, Nueces County, Texas, and being more particularly described as follows: COMMENCING at a point in the intersection of the south right-of-way of Mestina Street and the east right-of-way of Battlin' Buc Boulevard,at the northwest corner of Lot 7,Block 2, said Nelson Addition. THENCE South 89° 50' 40"East,with the south right-of-way of Mestina Drive,a distance of 150.00 feet to a calculated point in the intersection of the south right-of-way of Mestina Street and the west right-of-way of said 10 foot wide alley,for the northeast corner of said Lot 7, for the northwest corner of the herein described tract, and POINT of BEGINNING; THENCE South 89° 50' 40" East, with said south right-of-way of Mestina Street, a distance of 10.00 feet to a calculated point in the intersection of the south right-of-way of Mestina Street and the west right-of-way of said 10 foot wide alley, same being the northwest corner of Lot 6, said Block 2,and for the northeast corner of the herein described tract; THENCE South 00° 09' 20"West,with the said east right-of-way of a 10 foot wide alley, a distance of 300.00 feet to a calculated point on the north right-of-way of Lipan Street,for the southwest corner of Lot 1, said Block 2, and for the southeast corner of the herein described tract; THENCE North 89° 50' 40"West, with the north right-of-way of Lipan Street, a distance of 10.00 feet to a calculated point for the southeast corner of Lot 12, said Block 2, and for the southwest corner of the herein described tract; THENCE North 00° 09' 20"East, a distance of 300.00 feet to the POINT OF BEGINNING and containing 3,000 square feet; NOTE: ALL BEARINGS ARE BASED ON PLATTED RIGHT OF WAY OF BATTLIN' BUC BOULEVARD S 000 09' 20" W. SEPARATE PLAT EXHIBIT"B" WITH EVEN DATE ACCOMPANIES THIS DESCRIPTION. Raul A. Caste o,RPLS �P .�tr,Isrf pF�y Registered Professional Land Surveyor r'. J' Texas Registration No. 5061 .A%.A. .CASTILLO Hanson Professional Services 5061 TBPE F#417 TBPLS F# 100395-00 1 °F_�sstio�'P 9�0suR� y° Date: A>, Page 1 of 1 JUN 19, 2018 7:49 AM CASTIO1832 L\17JOBS\17GO084\CAD\SURVEY\MODEL\MILLER HS\MILLER B2 ALLEY CLOSURE.DWG N � r0 60 120 240 E' GRAPHIC SCALE IN FEET w II d lA DOC N0. 844494 I II I '° — �O �l W O p,g,NrC.T. CCISD I I� DOC.NO. 832163 Ila I I O.P.R.N.C.T. d�1 � I I I I OO „4'oeo,* I I I I - - - - - rt '?l° 7'. D BY MESTINA & THERESA 5TREETSY 15, 1945 tiF I 1795, DATED Loi sow — ORDINANCE # Ga - VOLUME 246, PAGE 61 � ti � / ow I CORPUS CHRISTI INDEPENDEN W 0 SCHOOL DISTRICT MESTINA VOL. 177, PG. 113 OF-WAY D . 60' RIGHT- S89-50'40"E 10.00' ® too.00' P.O.B. 44 PROPOSED ALLEY CLOSURE P.O.C. 0.069 ACRES 7 Mo-FIN LTD — D0C.N0.2009022039 d&A A 3,000 S.F. D.R.N.C.T. SIV IP6�? © o T X03 Gam" o — SEVEN OAKS ADDITION c o VOLUME 5, PAGE 2 o y M.R.N.C.T. CCISD — VOL. O 2160 ., PG. 269 �Q1 cb0/T D.R.N.C.T 1 W 0 cT ,OCL o S CCISD DOC NO 799265 o CCISD rn D.R.N.C.T. z VOL. 2243,D.R.N.C.T. 493 SLI Eg HIGH SCHOOL I CCISD VOL. 2197, PG. 306 LEGEND: D.R.N.C.T. ® =CALCULATED CORNER N89"50'40"yr 10.00' P.O.B. =POINT OF BEGINNING I IPAN STREET 60' RIGHT-OF-VPAY P.O.C. =POINT OF COMMENCEMENT 15 �'�� I- ` G� RpC �r�I I �,��0•4�. _ — _ — — — — —D gY ORDINANCE I NELSON ADDITION 3 I _ LIPAN STREET & THERESA Y 15 1945 0 a L LOTOL.55, PG-86 #1795, DATED MAY U I M.R.N.C.T. VOLUME 246, PAGE 81 _ _ _ o z I _D.R.N.C_T.—I I I a DCITY OF a I —r� II II i I I w I I CORPUS CHRISTI- NOTE: THIS IS A DESCRIPTIVE SKETCH EXHIBIT ONLY. NO FIELD SURVEY WAS PERFORMED OR COMPLETED TO VERIFY THE TRACT BOUNDARIES AS DEPICTED H N. BEARINGS ARE BASED ON THE PLATTED RI BATTLIN BUC BOULEVARD.THIS MAP T MP EXHIBIT IT-3 n DESCRIPTI NS. �Q.. �(,G IT fR�;F,•� OCopynght Hanson Professanvl Services Inc.sore ° �� ROAD CLOSURE Raul A. Castillo,RPLS A. CASTILL'. 3,000 SQUARE FEET BEING ALL OF THE ALLEY Registered Professional Lan uFveyor �"�,awSON IN BLOCK 2, NELSON ADDITION , AS SHOWN ��s� Texas Registration No.5061 Oifr� Nps Hanson Professional Services Inc. ON A PLAT RECORDED IN VOLUME 1, PAGE 15, FESS 10 �� MAP RECORDS, NUECES COUNTY, TEXAS Date: g �® SURA y TBPE F117/TBPLS F-10039500 TELAE F-BR 2458/TBPG F50556 EXHIBIT "A-4" LEGAL DESCRIPTION OF A 1,500 SQUARE FOOT PORTION OF BLOCK THREE NELSON ADDITION ALLEY CLOSURE LOCATED IN NUECES COUNTY, TEXAS Being a 1,500 square foot tract, being a portion of the 10 foot wide alley in Block Three (3) Nelson Addition, as shown on a map recorded in Volume 1, Page 15, Map Records, Nueces County, Texas, and being more particularly described as follows: COMMENCING at a point in the intersection of the south right-of-way of Lipan Street and the west right-of-way of Palm Drive, at the northeast corner of Lot 5, Block 3, said Nelson Addition. THENCE North 89° 50' 40"West,with the south right-of-way of Lipan Street, a distance of 150.00 feet to a calculated point in the intersection of the south right- of-way of Lipan Street and the east right-of-way of said 10 foot wide alley, for the northwest corner of said Lot 5, for the northeast corner of the herein described tract, and POINT of BEGINNING; THENCE South 00° 09' 20" West, with the east right-of-way of said 10 foot wide alley, a distance of 150.00 feet to a calculated point for the common west corner of Lots 2 & 3, said Block 3, and for the southeast corner of the herein described tract; THENCE North 89° 50' 40" West, a distance of 10.00 feet to a calculated point on the west right-of-way of said 10 foot wide alley, in the east boundary line of Lot 11, Block 3, Nelson Addition, as shown on a map recorded in Volume 55, Page 86, Map Records, Nueces County, Texas, and for the southwest corner of the herein described tract; THENCE North 00° 09' 20" East, with the west right-of-way of said 10 foot wide alley, a distance of 150.00 feet to a calculated point, on the south right-of-way line of said Lipan Street, for the northeast corner of said Lot 11, and for the northwest corner of the herein described tract; THENCE South 89° 50' 40" East, with the south right-of-way line of Lipan Street, a distance of 10.00 feet to the POINT OF BEGINNING and containing 1,500 square feet; NOTE: ALL BEARINGS ARE BASED ON PLATTED RIGHT OF WAY OF BATTLIN' BUC BOULEVARD S 000 09' 20" W. SEPARATE PLAT EXHIBIT "B" WITH EVEN DATE ACCOMPANIES THIS DESCRIPTION. Raul A. Castillo, RPLS Q'� G k S Te,' Registered Professional Land Surveyor A U L Texas Registration No. 5061 RATL A. CASTILLO ................................. Hanson Professional Services 5061 TBPE F#417 TBPLS F# 100395-00 ! ?Pof£ssXa`'Po� qN� SUR`1 � Date: l/,Vf , 0003 Page 1 of 1 JUN 19, 2018 7:51 AM CASTIO1832 1.\17JOBS\17GO084\CAD\SURVEY\MODEL\MILLER HS\MILLER B3 ALLEY CLOSURE.DWG 0 60 120 240 y GRAPHIC SCALE IN FEET w - - - - - - - S I- ii dIA DOC NOSB44494 IICICISD IW0 p,R,NIC.T. I . DOjEDII ©_NT Io-d THERESA STREETS CLOS 45 MESTINA & DA Mg 1795, ORDINANCE 246PAGE 61 VOLUME r+I — --_——--— — — D.R.N_C.T. — — esti —�-- - - �. I CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT MESTINA VOL. 177, PG. 113 D.R.N.C.T. 60' RIGHT-OF-WAY A W 7 III d0 � — M C DOC.N.2 09022033 0� 4 I D.R.N.C.T. SEVEN OAKS ADDITION VOLUME 5, PAGE 2 M.R.N.C.T. LEGEND: a V. c I I oFso _ VOL _ ® =CALCULATED CORNER CCISD — i I L1 ,tiy Pa .2160, PG. O P.O.B. =POINT OF BEGINNING D.R.N•C•T• P.O.C. =POINT OF COMMENCEMENT CCISD DOCD- T265 I I VOL. 22435 PG. 493 RN C MILLER HIGH SCHOOL I — D.R.N.C'F• CCISPG 306 I i VOL. 2197, D.R.N.C.T. LIPAN STREET 60' RIGHT-OF-WAY 589"50'40'E F�O�o-. P.O.C. PROPOSED ALLEY CLOSURE 0.034 ACRES o 1,500 S.F. E:&-, I w 3Q o�z E � c - - _�oa4 _ _ _ d of — � � zzA CLOSED BY ORDINANCE A W M I NELSON ADDITION o v pAN STREET & THERESA 1945 o W LOT 11, BLOCK 3 o o U'A 3 DATED MAY 15, u I VOL.55, PG.86 0 #1795, M.R.N.C.T. Zppt� VOLUME 246, PAGE 61 c z I Oov _D.R.N.C_T.— — — — --I— N A N89e50'40"w 10.00' CITy OF NOTE: i l II II II II I a W II I�1 CORPUS CHRCITY OF ISTI-2 THIS IS A DESCRIPTIVE SKETCH EXHIBIT ONLY. NO FIELD SURVEY WAS PERFORMED OR COMPLETED TO VERIFY THE TRACT BOUNDARIES AS DEPICTED HEREON. BEARINGS ARE BASED ON THE PLATTED RIGHT OF F BATTLIN BUC BOULEVARD.THIS MAP TO AC Art, EXHIBIT 'B-4 DESCRIPTIONS. G1 TE,pFF. OCapyHght Hanson Professional Services Inc.2018 ROAD CLOSURE Raul A.Castillo, RPL RAUL A, CASTH.10 1,500 SQUARE FEET BEING A PORTION OF THE Registered Professional Land rveyor 5HANSON 06 ALLEY IN BLOCK 3, NELSON ADDITION , AS Texas Registration No.5061 �9oF P�... Hanson Professional Services Inc. SHOWN ON A PLAT RECORDED IN VOLUME 1, E(�$$pI � �Q� PAGE 15, MAP RECORDS, NUECES COUNTY, TEXAS Date: 18, �D $ 1�` THPE F417 TBPLS F-10039500 TBAE F-SR 2458 1 TBPG F-OW Street and Alley Closures for Miller High School Expansion City Council Presentation September 25, 2018 17 Vicinity Map L&DpErd M. 00 �o�ao�a Sao . N FR pC GM m» � sa��a M�.e,mp o t�„un.��msa>mo�P�s cn�izu s` # } ,0-ft!7 r 4O0.pUS Cyq�s � a jL,Z Proposed Closures ie 2 f •• • • • • B • ttlln' _ � Ivd � .� rY Proposed partial Li pan St. Proposed street closure ,� closure (60'x360') (60'x310') -a_ Proposed Alley Closures IiY It Proposed alley closure (10'x 300') I� r MINIM Upm 2q. r � — 4 a r _gyp G3 ww' G3md Staff Recommendation Approval SC GO �, Ok � flPONPtEO AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 25, 2018 Second Reading for the City Council Meeting of October 9, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 5518 Curtis Clark Drive CAPTION: Case No. 0818-04 Marias Properties, LLC: Ordinance rezoning property at or near 5518 Curtis Clark Drive from "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. PURPOSE: The purpose of this item is to allow for the construction of a parking lot and a small retail/office building. RECOMMENDATION: Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN-2" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: 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 Case No. 0818-04 Marias Properties, LLC: Ordinance rezoning property at or near 5518 Curtis Clark Drive from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Marias Properties, 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, August 22, 2018, during a meeting of the Planning Commission. The Planning Commission approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District and on Tuesday, September 25, 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 Marias Properties, 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 Lot 22A, Block 4, Gardendale No. 2, located on the north side of Curtis Clark Drive, east of South Staples Street, south of Williams Drive, and north of Holly Road (the "Property"), from "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District (Zoning Map No. 043035), as shown in 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. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D40DFEBE\@BCL@D40DFEBE.docx Page 2 of 3 C -2 CG-2 ti C -2 SUBJECT%% PROPERTY 122 20 G-2 17 iC 8 � CO-2 8 f CI 2 'f }4 RS- — 4 0 CG-2 13 i5 CG-2 }9 Ir 8 cl M � �q CG- 5 CG-2 e c ti CG-2 O p b 1 4D 74 CG-2 CG-2 -f �e Cred:90:W.,2018 0 000 No prepar"sp ey:.ri•k Feer LApiRJRAer ofi]puWCpArl3nrS9fVl01b CASE: 0818-04 Carpus CIna1 aay ZONING & NOTICE AREA RY-i Yptlf�lb9 IL t7glt]n4ve111a1 RN-P Yptlf�IlyP N #beFl Intlucfilbl �ksv. RN-A Yptlf�lly a Rlp PYnnetl uM1 W r.0•eAby pY PrawailbnY plw. Rs-ie Ynplo-FrnY IFa SUBJECT RN-AT M.11—ly Ai Rii ibpMF�yY 3 QFERTY CN-7 IYIpFhmy..tl Cemn.reYl Rsi.s q,®I.Fan�id pl-F IYYyhpryh.tl C.mn.reYl R3-TF Twb-FanN CR-1 IYaCtl.CpnN.mYl Ri-id fY�pltiFamN 16 CR-P RFwAC.nm.rbYl p� Re Ytlentiela Nme Cm-i pae.ry Cemmerd al fiE TH 7pwnhawe p-F p.n.xal Cbmme mlal Ip eyed k]PormM CI YiIYn YFm Cbmrnerokl � F; -h..Pallf CBC omwnlbwn CbmmerbYS gyrY Yanu[aeluretl Nemo w rt CbmmerbYl � k �w. eR 2 Fa im Rural H NclbrlbpwiYy 4 C er anti...ean� a o aatcrc�F.S• 0%= r � City of rc+mn h:m� nalar s 4 �^ X=_ LOCATION MAP C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D40DFEBE\@BCL@D40DFEBE.docx Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 0818-04 INFOR No. 18ZN1022 Plannin Commission Hearin Date: August 22, 2018 = Owner: Maria's Properties, LLC. a 0 Applicant: Cliff Atnip �.� Location Address: 5518 Curtis Clark Drive Q N Legal Description: Lot 22A, Block 4, Gardendale No. 2, located on the north Q °a o side of Curtis Clark Drive, east of South Staples Street, south of Williams Drive, and north of Holly Road. From: "RS-6" Single-Family 6 District c To: "CN-2" Neighborhood Commercial District -Es Area: 0.91 acres N Purpose of Request: To allow for the construction of a parking lot and a small retail/office building. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant Medium Density Residential _ "CN-2" Neighborhood Commercial and Commercial and Commercial and c North "CN-2/SP" Neighborhood Medium Density o Commercial with a Vacant Residential N Special Permit _ South "RS-6/SP" Single-Family Commercial Commercial 6 with a Special Permit X "CG-2" General Low Density East Commercial Residential Commercial West "RS-6" Single-Family 6 Commercial Low Density Residential Area Development Plan: The subject property is located within the Ca boundaries of the Southside Area Development Plan and is planned for 0_ c medium density residential uses. The proposed rezoning to the "CN-2" M ° Neighborhood Commercial District is generally consistent with the adopted a o Comprehensive Plan (Plan CC) and warrants an amendment to the Future QLand Use Map. Map No.: 043035 Zoning Violations: None _ 0 Transportation and Circulation: The subject property has approximately 132 0 feet of street frontage along Curtis Clark Drive which is designated as a CL N Local/Residential Street. ca Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation � O Plan Type Section Section Volume N Curtis Clark 50' ROW 60' ROW Drive Local/Residential 28' paved 26' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District to allow for the construction of a parking lot and a small retail/office building. Development Plan: The subject property is 0.91 acres in size. The owner is proposing a parking lot and a small retail/office building. The proposed development is to benefit and enhance the new adjoining retail center located at 5333 South Staples Street. A secondary use for this site may include a small professional office or stand-alone small business location. Approximately 50% of the site will be a parking lot and the remaining 50% will be a single tenant building for a professional office or small neighborhood business. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and consists of vacant land. The subject property was annexed in 1954 and has remained undeveloped since the time of annexation. To the north is a vacant property zoned "CN-2" Neighborhood Commercial District. Also located to the north is a property zoned "CN-2/SP" Neighborhood Commercial District with a Special Permit and has an ancillary building placed that is associated with the tire business that fronts upon South Staples Street. To the west is a single-family subdivision (Gardendale No. 2) and the subject property is adjacent to a single-family residence built in 2003 and zoned "RS-6" Single-Family 6 District. To the south across Curtis Clark Drive is a parking lot that services a bar/nightclub and is zoned "RS-6/SP" Single-Family 6 District with a Special Permit. To the east are commercial properties consisting of an office building and an automated car wash zoned "CG-2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 6-inch CIP line located along Curtis Clark Drive in front of the subject property. Wastewater: 8-inch VCP Line located along Curtis Clark Drive in front of the subject property. Gas: 2-inch Service Line located along Curtis Clark Drive in front of the subject property. Storm Water: Inlets located to the east and west of the subject property along Curtis Clark Drive. Staff Report Page 3 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 "CN-2" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC), warrants an amendment to the Future Land Use Map, and is consistent with the following policies: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote interconnected neighborhoods with appropriate transitions between lower- intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas. (Southside ADP, Policy Statement B.6) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant, is a remaining undeveloped lot, and has not been developed since annexation in 1954. • Due to the adjacency to properties zoned "RS-6" Single-Family 6 District, a Type B buffer yard will be required along the western property line. Type B buffer yards consist of 10 feet in width and a 10 point requirement as per the Unified Development Code (UDC). • If the "CN-2" Neighborhood Commercial District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 Staff Report Page 4 Number of Notices Mailed — 21 within 200-foot notification area = 5 outside notification area 0 As of August 17, 2018: In Favor — 5 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Items\9-25-2018\0818-04 Marias Properties,LLC\CC Report_0818-04 Marias Properties, LLC.docx Staff Report Page 5 C -2 GG-2 C -2 G-2 SUBJE T%%g -LB 21 PROPERTY 20 G-2 17 10 CG-2 RTAS, s2 CG-2 14 Rs- 4 0 CG-2 13 f5 CG-2 CG- CO-2 c CG-2 CO-2 CG-2 0 401 -.1 Fze CASE: 0818-04 ZONING& NOTICE AREA L SUBJECT OPERT 22 RS-TH Tb home u F==r 9 Wt c -ity of LOCATION MAP Staff Report Page 6 f f f f F E E E E E E E E F E E E E E E F E E E F E E E E� _ _ _ One Way Driveway EEE F E F —� o M F m x_ v N � u E V a E m E ti E f E E CG 3 F E E E E E E E E E E E E E F E E E E E E W-(r 36-0' INCOMPLETE NOT FOR REGULATORY APPROVAL, PERMIT,OR CONSTRUCTION NAME:Emiy D.Rozypal,AIA REGISTRATION:#19900 EDRAichitects,PLLC phone:361.537.4400 Temzypag@e&archkects.com V S 5518 Curtis Clark Project#:18 Z EDR ° Schematic Site- late:July 21.2018 a r c h i t e c t s 07-21-18 phone:361.537.4400 erozypal®edrarchitects.com Staff Report Page 7 Persons with disabilities planning to attend this rneetirty,whoTTlay require special services, are requested to cgnted the Development Services Department at least 48 hours in advance at(361)826-3240.Personas con incaoacidades, cue tienen la intencibn de_ii5isOr a e5to juntay clue recuieren seryiciog_Q9Depafe5. se les suplica cue den SAW 48 hors antes de la junta Ilamandc al departamento de servi;a�s de desarrollo.ai Humero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Sl usted desea dirigirge a Is commission durante nta-Lsu ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo at n6mero(361)826-3240 al mens 48 horas antes de la iurna o ra solicitar unintArorete ser nresente durante la lunta- CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-04 Maria's Properties, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the 'RS-6" Single-Family 6 District to the"CN-2"Neighborhood Commercial District resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 5518 Curtis Clark Drive and Lot 22A, Block 4, Gardendale 92, located on the north side of Curtis Clark Drive, east of South Staples Street, south of Williams Drive, and north of Holly Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andior Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 22, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD.THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O. BOX 9277,CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordanat with the Planning Commission By-Laws,no discussion shalt be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at horns or office,or In person, by telephone call or by letter. Printed Name: Arwj k �L C Address: '� ;�. L-4 j2 City/State: T ()o IN FAVOR { ) IN OPPOSITION Phone: . / 02 REASON: f 9iptwtw m SEE MAP ON REVERSE SIDE � � Ceae Aro.6616-64 INFOR Case No.:18ZN1022 Project Manager.Andrew Dcnas Property Owner ID 13 Ern*andrewd2@cc1;exas,com Zoning Case #0818-04 Maria's Properties, LLC. Rezoning for a Property at 5518 Curtis Clark Drive City Council Presentation September 25, 2018 `QApUS Cs,�J• i A i C - ` i% Aerial Overview J 0 �asz .y•�,/� r hIs tri i rah' "�• � �IZT _ �v Subject Property at 5518 Curtis Clark Drive 9 It *�� N f +il � j VfC11 ty Map cG s,„ Y c - r; r, Ope StreetMap'sr f ep0.F cu,.d.� Qtive Cwnmors Shares f:l&@ - e Ld se�[CC-HY-SA) 3 Zoning Pattern 41984 � 0 9990 •' �� o a w C@-2 C� 6O0 `+�`\ 20 �� 1�� a��p 4177� �oo� C@-2 Qf .� .. � � �OoOo� ooa Ov Q4 a-TF �� GM9 G3�3d� j age 2002 2 loss 4196 Planning Commission and Staff Recommendation Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial Public Notification 21 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer °G-2 C -a �~ Notification Area suerecr n PROPERTY n s- Opposed: 0 (0.00%) c�Rya c ce-a RS14 O In Favor: 5 9 yFRa ps°� c�-a cc-s R 6 UDC Requirements Ir Y Buffer Yards: "CN-2" to "RS-6" Type B: 10' & 10 pts. � Setbacks: Street: 20 feet Rear: 2 to 1 Setback (height-12') x 2 Parking: 1:250 sq. ft. net retail area a " Landscaping, Screening, and Lighting Standards ye Uses Allowed: Retail, Offices, Multifamily *Bars/Nightclubs Not Allowed in "CN-1" Utilities • 1 Water: 6-inch CIP Line ` , • Wastewater: 8-inch VCP Line UBJEECT t /' ROPE� � '`'�• � ' Gas: 2-inch Service Line Storm Water: Inlets located to the east and west of the subject property along Curtis Clark '_' Drive. Site Plan 9 10 12 1 13 111 111 1 ffi 1) 118 18 2=3 3,000 sq ft V y ❑o y 1 n f3 VV L 0 Ill/1 1 9 1 3 3 S 6 7 ! B 10 11 /2 13 114 15 16 ❑p b a y yi I /�(� •� •� I f 2 2 t S 6 I Existing Car Wash se 0 NooRROPPI EAGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 25, 2018 Second Reading for the City Council Meeting of October 9, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 2141 Laguna Shores Road CAPTION: Case No. 0818-05 James Karstens: Ordinance rezoning property at or near 2141 Laguna Shores Road from "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. PURPOSE: The purpose of this item is to allow for the future construction of single-family residences. RECOMMENDATION: Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS- 15" Single-Family 15 District. Vote Results: For: 8 Opposed: 1 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: 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 Case No. 0818-05 James Karstens: Ordinance rezoning property at or near 2141 Laguna Shores Road from the "CR-1" Resort Commercial District to the "RS-15" Single- Family 15 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of James Karstens ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 22, 2018, during a meeting of the Planning Commission. The Planning Commission approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District and on Tuesday, September 25, 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 James Karstens ("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 Lots 4-8, Block 1, Karstens Acres, located on the east side of Laguna Shores Road, south of Lola Johnson Road, and north of Hustlin' Hornet Drive (the "Property"), from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District (Zoning Map No. 035029), as shown in 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. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D956B\@BCL@C40D956B.docx Page 2 of 3 RM-} � L �S� p R E RD SUBJECT PROPERTY 3 } 7 6 GR-} -y a ? G- S�, S z� CG-2 638 GrSd�C:5gr771g P PP 8PP prapa.rsc By:nN Fee: wpa.a: .r nr oeca�op..errsrR•�.es CASE: 0818-05 ZONING & NOTICE AREA Aa1-1 Md 31 IL L�Il nau Bhlal -E M�:'•"-.. - ri.:tl VNI Vex OvnleY om p1.9r Moil l�aruatl=�.._..•._• - _ _ _ •r 35 � ! leeghhorenotl moo"-,-.•-: _ - - - pg� CR1 19raeA Cammam:e - CR-S IaaeA Conmemla. -- - - CV-1 VinxalCommercd� F.:..T` T•n .-'-_•.... ce-s o.h.rrcommerdr - -- YrbnJvecnmmerwr �crect:;.:..:e ,e,_r4 SUBJECT ceo oowhlewloll mrem AMM Mwr,.r��,..: PROPERTY fR 2 N nm RV ral _P clorwo wnq �/.•}}yy C EP 8v ctnenc Atilt .f�jll 3 S� °. " "Ky '" X, s LOCATION MAP C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D956B\@BCL@C4OD956B.doex Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 0818-05 INFOR No. 18ZN1009 Plannin Commission Hearin Date: August 22, 2018 = Owner: James Karstens a0 Applicant: James Karstens u .� Location Address: 2141 Laguna Shores Road Q u Legal Description: Lots 4-8, Block 1, Karstens Acres, located on the east Q °a o side of Laguna Shores Road, south of Lola Johnson Road, and north of Hustlin' Hornet Drive. From: "CR-1" Resort Commercial District c To: "RS-15" Single-Family 15 District -Es Area: 3.11 acres N Purpose of Request: To allow for the future construction of single-family residences. Existing Zoning District Existing Land Use Future Land Use "CR-1" Resort Vacant and Low Site Commercial Density Residential Commercial M "CR-1" Resort c North Commercial Vacant Commercial .E "CR-1" Resort N South Vacant Commercial a� Commercial _ T) J East "CR-1" Resort Water Water X Commercial (Laguna Madre) (Laguna Madre) West "RE" Residential Estate Vacant Low Density Residential Area Development Plan: The subject property is located within the 06 v, boundaries of the Flour Bluff Area Development Plan and is planned for low M o density residential uses. The proposed rezoning to the "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan 0- o CC) and warrants an amendment to the Future Land Use Map. Q Map No.: 035029 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 585 feet of street frontage along Laguna Shores Boulevard which is designated as ° a "P1" Parkway Collector Street. According to the Urban Transportation Plan, a N "P1" Parkway Collector Streets can convey a capacity between 1,000 to 3,000 _ Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type L O Laguna La „ g P1 Parkway 80 ROW 70 ROW Shores Collector 40' paved 38' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District to allow for the future construction of single-family residences. Development Plan: The subject property is 3.11 acres in size. The owner is proposing the future construction of single-family residences. Existing Land Uses & Zoning: The subject property consists of 5 lots currently zoned "CR-1" Resort Commercial District and consists of one single-family residence and vacant properties. The subject property was zoned "CR-1" Resort Commercial District (formerly "B-2" Bayfront Business District) in 1983 as part of the original Flour Bluff Area Development Plan (ADP). The subject property was annexed in 1961 and was platted in 2007. To the north and south along Laguna Shores Road are a few single-family residences and vacant properties also zoned "CR-1" Resort Commercial District. Further to the north is a single-family residential subdivision along Lola Johnson Road (Belk Lola Johnson Subdivision) platted in 1953 and zoned "RS-6" Single-Family 6 District. To the west is a large vacant unplatted tract of land zoned "RE" Residential Estate District. To the east is the Laguna Madre. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Utilities: Water: 12-inch ACP line located along Laguna Shores Boulevard in front of the subject property. Wastewater: 16-inch PVC Force Main located along Laguna Shores Boulevard. Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is over 600 feet to the north at the intersection of Lola Johnson Road and Laguna Shores Boulevard. A 15-foot utility easement is located along the Lola Johnson Road frontage of the subject property. In 2007, a wastewater connection agreement was issued as part of the plat recordation process. According to the agreement, wastewater connection is not required by the property owner until a line is constructed in front of the subject property. Gas: 2-inch Service line located along Laguna Shores Boulevard in front of the subject property. Storm Water: Road side drainage located along Laguna Shores Boulevard in front of the subject property. Staff Report Page 3 PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RS-15" Single-Family 15 District is "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC), warrants an amendment to the Future Land Use Map, and the following policies: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property was originally zoned "RS-6" Single-Family 6 District (formerly "R-1 B" Property was zoned "R-1 B" One-Family Dwelling District) previous to the 1983 area wide Flour Bluff rezoning. • The subject property is located in flood zone V22 with a base flood elevation of 12- feet. • Due to the adjacency to properties zoned "CR-1" General Commercial, a Type B buffer yard will be required along the northern and southern property lines. Type B buffer yards consist of 10 feet in width and a 10 point requirement as per the Unified Development Code (UDC). Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Vote Results: For: 8 Opposed: 1 Absent: 0 Abstained: 0 Staff Report Page 4 Number of Notices Mailed — 7 within 200-foot notification area = 5 outside notification area 0 As of August 17, 2018: In Favor — 2 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area — 0 outside notification area a 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\2018\0818-05 James Karsten s\Co u ncil Documents=Report_0818-05 James Karstens.docx Staff Report Page 5 RM-} L 1 RE �+'U SUBJECT PROPERTY r _7 RM-4 p 6 CR-} 4 2 f! S p +yam CG-2 m■Cra d waole 0 00 Soo Pf P—d Ey:n+H Feer afJ.imnarir DrDwojop 1prsary'x.Vf CASE: 0818-05 ZONING & NOTICE.AREA � rat-1 1 x-:71 t !L uglt lntl.id d RN-f ;r71F/E N INrvr YitluaMY RM-3 ;-rylY a WD PlYinmtl VYl mxorma4r OM - ne:]'•>- Ri.10 Mpio-Fam�'10 1111-Ai aM-i .- >ar�.»r:>-':-re ra3el Rim-d iMi0lo-Fmm ly L-6 @ aM-4 -- -- :-aro9af RbTi FWoFmn ly G��, s+ Tbwnhngml Ectmle \ RE TH TaMnnau66 ca-s om„mr; - F F..,% eermn a Y�bnr�e� -�- RY f�FdBakWnal'WnIC4B P36t SUBJECT F1... �. PROPERTY 4°a a w�9ah x h mx; LOCATION M14P Staff Report Page 6 Persons with disabilities pranning to a endtbis meeting, who clay require speciat services, are requested to contact the Development Services Department at least 48 hours Ifiradvance at(361)826-3240.Personas con incaoa i a aue tiunen la intenci6n de asig6r a esta tent? v nue renaierea servicios especide! se les sudica cue dfn ta4so48 horas antes de la junta Ilamando at deoartamento de serwcios 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 dtsea_dirigirse a la commission durante to junta v su ingles es lim,too_favor de Ilamar al departamento de servicios de desarrollo al numero(3611826-3240 al mends 48 horas antes de la junta para solic tar i un interprete ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-05 James Karstens has petitioned the City of Corpus Chrisb to consider a change of zoning from the Resort Commercial District to the"RS-15"Single-Family 15 District, resulting in a change to the Futuro Land Use Map.The property to be rezoned is described as: 2141 Laguna Shores Road and Lots 4-8, Block 1, Karstens Acres, located on the east side of Laguna Shores Road,south of Lola Johnson Road,and north of Hustlin Hornet Drive. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 22, 2018, during one of the Planning Commission's regular meetings,which begins at 5:30 a.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.O.BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Plonnirty Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant Or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. i Printed Name: Address: _ r�� 61� City/State:r.:;rT"XL i IN FAVOR ( )IN OPPOSITION Phone_�,, S4-1 fa P 9' -� REASON: t Ll ure SEE MAP ON REVERSE SLOE Case No 0810 05 INFOR Casa No:IBZN1019 Project Manager Andrew Drmas Property Owner ID 5 Email andreAd2fc texas com Staff Report Page 7 Personr.,ti disabilities planning to attend this meeting, who may requre special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240.Personas con incanecid QW benen la intencidn de Its istir agst$jpnta_y que reauieren seraclos es0eciales. se Iles suolica oue qe.n aviso 48 home antes de la iunta Ilamandg al departamenlo de sery clos de desarrollo,N n6mero 061)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 lea 48 hours in advance to request an interpreter be present during the meeting. S usted desea dirictirse a01^ ion Ouranie la junta y su index es limilado. favor de hamar of dcpa�tam•mlo de serucios de desarrol a r 1826-3 40 g menos 48 ho SL .Ia Nnta para sceicitar un_016rxele ser Dresenle durante la lunla. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-05 James Karstens has petitioned the City of Corpus Christi to consider a change of zoning from the"CR-1" Resort Commercial District to the"RS-15"Single-Family 15 District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as 2141 Laguna Shores Road and Lots 4-8, Block 1, Karstens Acres, located on the east side of Laguna Shores Road, south of Lola Johnson Road, and north of Hustlin Hornet Drive. The Planning Commission may recommend to Gly Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 22, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p,m.. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O. BOX 9277.CORPUS CHRISTI,TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE- In'accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone=0 orb''yl1Maw, Printed Name: l/—,(J Address: ! L22 AA-L J1'1. A �1�J� City/State&i11:?US �`�f2LS! '�iJN -AVOn ( )IN OPPOSITION Plwr '��(? ^�� REASON: Sr to e SFE MAP ON REVERSE SIDE (/ C3se No.0919-05 INFOR Case No.:ISZN1019 incl Manager.Andrew Dimas Property Owner ID:1 GmaB androw<V@cctoxac.com Zoning Case #0818-05 James Karstens Rezoning for a Property at 2141 Laguna Shores Road City Council Presentation September 25, 2018 Aerial O - - 5 2 . two. � . � \� su;:rc+ PROPERTY . �\ Subject Property at - 2141 Laguna Shores Road �wrr, It n ,6 Vicinity flap � 1 H .r / F � ic)Gp—SttPdeped .triSut—, r, _ _ E]eetive Gvmmvrs 5h F.l e!e / - license[CC -BY-SA} 3 Zoning Pattern Ra-8HIE Ml 2M c a bc� INS 't PROPERTY Poi@ �Q�q RM4 M INS WIS M77 C9-2 CR-1 %M %83 G d 4 Planning Commission and Staff Recommendation Approval of the change of zoning from the "CR- 1 " Resort Commercial District to the "RS-15" Single-Family 15 District Public Notification 7 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer RN '6y hso. �o Notification Area suBJEcT PROPERTY Opposed: 0 (0.00%) _ RM-1 6 [R-} -i In Favor: 2 Ho�MFro ¢�Q Rs-6 R So h =d a urorn..a�p�.nrs«:�: 6 UDC Requirements Buffer Yards. RS-15 to CR-1: < a Type B. 10' & 10 pts. Setbacks: Street: 25 feet Side: 5 feet Rear. 5 feet Parking: 2 Spaces per Dwelling Uses Allowed. x H Single-Family Residential, Place of His Worship, and Educational. zp a. v WP 4 Utilities y: Water: 12-inch ACP Line • Wastewater: 16-inch PVC Force Main located along Laguna Shores ". Boulevard. Wastewater service is j currently unavailable to the subject property. The closest available wastewater manhole is over 600 feet to the north at the intersection of Lola hx' Johnson Road and Laguna Shores �NJ�CC�4 Boulevard.A 15-foot utility easement PROPE is located along the Lola Johnson �fY4 Road frontage of the subject property. • Gas: 2-inch Service Line �`'�., Storm Water: Road side drainage GO F v N�PnRP11 AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 25, 2018 Second Reading for the City Council Meeting of October 9, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 2117 Laguna Shores Road CAPTION: Case No. 0818-06 Guy Brady: Ordinance rezoning property at or near 2117 Laguna Shores Road from "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. PURPOSE: The purpose of this item is to allow for the future construction of a single-family residence. RECOMMENDATION: PlanningCommission and Staff Recommendation (August 22, 2018)and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS- 15" Single-Family 15 District. Vote Results: For: 8 Opposed: 1 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: 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 Case No. 0818-06 Guy Brady: Ordinance rezoning property at or near 2117 Laguna Shores Road from the "CR-1" Resort Commercial District to the "RS-15" Single- Family 15 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Guy Brady ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 22, 2018, during a meeting of the Planning Commission. The Planning Commission approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District and on Tuesday, September 25, 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 Guy Brady ("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 Lot 3, Block 1, Karstens Acres, located on the east side of Laguna Shores Road, south of Lola Johnson Road, and north of Hustlin' Hornet Drive (the "Property"), from the "CR-1" Resort Commercial District to the "RS-15" Single- Family 15 District (Zoning Map No. 035029), as shown in 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. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D0038\@BCL@C40D0038.docx Page 2 of 3 RM-1 SUBJECT PROPERTY 2 'letQi F 12 4 ay YY T f0 - RE 4 6 8 5 CR1 d 2¢ RS-6 �, QJ a Gm7�C:Pr5;771 R ann eua lop. Fe.t LB(dr]i F1Br:�of D9VRIofxR}91:i5ANK9s CASE: 0878—O6 ZONING & NOTICE AREA d RN-t xanremlpi IL PAI-4 Mun Ymmlp£ M - , Pll-3 NVRYmIIp a pR Pmfm cc bnel 0!!bm Ri-10 !-:'• GGnm RN-AT MvnYsnap AT RYA = �6y q1-1 Ne}TnLmrAootl Comme q1-4 xmP�TLerAmotl Comme rcYl R.IF T'n>.•• •... CR-1 IbwACommemlel Rf-15 F-�s:.:.... �! Tip pS-Y RewHCmmmmrelei AE Recti:-:.:^ _..... Rp-i penmrrlCommemlel RSTl1 Tpyfnp—p. Cp-Y A[merslGommerNml � fpwM1�..,.. a xbararesommereal iw jb—t .-%ark Sf1BJECT Geo pmwnfmwn Gommerem Ryx xaarpa:.':::-� cR-s R.wAcommmwrl PROPERTY AS Fem Rvre3 y H Hetmrbpwnsl p gy CVeYieee PmrA -Y m d� hecro �Avn s Cityaf Se5 WMYi]!tr.an¢ Avnen X,1m�ms„a, toearIoN ,vrlaP C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D0038\@BCL@C40D0038.docx Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 0518-06 INFOR No. 18ZN1020 Planning Commission Hearin Date: August 22, 2018 = Owner: Guy Brady a a 0 Applicant: Guy Brady .L Za Location Address: 2117 Laguna Shores Road CL y Legal Description: Lot 3, Block 1 , Karstens Acres, located on the east side of Q°a Laguna Shores Road, south of Lola Johnson Road, and north of Hustlin' Hornet Drive. *, From: "CR-1" Resort Commercial District a To: "RS-15" Single-Family 15 District -Es Area: 0.50 acres N Purpose of Request: To allow for the future construction of single-family residences. Existing Zoning District Existing Land Use Future Land Use Site "CR-1" Resort Vacant Commercial Commercial = Commercial and N "CR-1" Resort Vacant and Low North Low Density E ? Commercial Density Residential Residential 0 0)c "CR-1" Resort Vacant and Low J South Commercial Density Residential Commercial Lu East "CR-1" Resort Water Water Commercial (Laguna Madre) (Laguna Madre) West "RE" Residential Estate Vacant Low Density Residential Area Development Plan: The subject property is located within the boundaries 06 v, of the Flour Bluff Area Development Plan and is planned for low density o residential uses. The proposed rezoning to the "RS-15" Single-Family 15 2 a District is generally consistent with the adopted Comprehensive Plan (Plan CC) a o and warrants an amendment to the Future Land Use Map. Q Map No.: 035029 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 117 feet of street frontage along Laguna Shores Boulevard which is designated as L 0 a "P1" Parkway Collector Street. According to the Urban Transportation Plan, a N "P1" Parkway Collector Streets can convey a capacity between 1,000 to 3,000 _ Average Daily Trips (ADT). L Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation � O Plan Type Section Section Volume Laguna "P1" Parkway 80' ROW 70' ROW Shores Road Collector 40' paved 38' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District to allow for the future construction of a single-family residence. Development Plan: The subject property is 0.50 acres in size. The owner is proposing the future construction of a single-family residence. Existing Land Uses & Zoning: The subject property consists of 5 lots currently zoned "CR-1" Resort Commercial District and consists of one single-family residence and vacant properties. The subject property was zoned "CR-1" Resort Commercial District (formerly "B-2" Bayfront Business District) in 1983 as part of the original Flour Bluff Area Development Plan (ADP). The subject property was annexed in 1961 and was platted in 2007. To the north and south along Laguna Shores Road are a few single-family residences and vacant properties also zoned "CR-1" Resort Commercial District. Further to the north is a single-family residential subdivision along Lola Johnson Road (Belk Lola Johnson Subdivision) platted in 1953 and zoned "RS-6" Single-Family 6 District. To the west is a large vacant unplatted tract of land zoned "RE" Residential Estate District. To the east is the Laguna Madre. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Utilities: Water: 12-inch ACP line located along Laguna Shores Boulevard in front of the subject property. Wastewater: 16-inch PVC Force Main located along Laguna Shores Boulevard. Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is over 450 feet to the north at the intersection of Lola Johnson Road and Laguna Shores Boulevard. A 15-foot utility easement is located along the Lola Johnson Road frontage of the subject property. In 2007, a wastewater connection agreement was issued as part of the plat recordation process. According to the agreement, wastewater connection is not required by the property owner until a line is constructed in front of the subject property. Gas: 2-inch Service line located along Laguna Shores Boulevard in front of the subject property. Storm Water: Road side drainage line located along Laguna Shores Boulevard in front of the subject property. Staff Report Page 3 PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RS-15" Single-Family 15 District is "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC), warrants an amendment to the Future Land Use Map, and the following policies: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property was originally zoned "RS-6" Single-Family 6 District (formerly "R-1 B" Property was zoned "R-1 B" One-Family Dwelling District) previous to the 1983 area wide Flour Bluff rezoning. • The subject property is located in flood zone V22 with a base flood elevation of 12- feet. • Due to the adjacency to properties zoned "CR-1" General Commercial, a Type B buffer yard will be required along the northern and southern property lines. Type B buffer yards consist of 10 feet in width and a 10 point requirement as per the Unified Development Code (UDC). Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Vote Results: For: 8 Opposed: 1 Absent: 0 Abstained: 0 Staff Report Page 4 Number of Notices Mailed — 12 within 200-foot notification area = 5 outside notification area 0 As of August 17, 2018: In Favor — 2 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area — 0 outside notification area a 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\2018\0818-06 Guy Brady\Council Documents=Report_0818-06 Guy Brady.docx Staff Report Page 5 SUBJECT PROPERTY 2 12 4 f fo RE 0 CR-1 LSA 4k; y� Dai Obi R41:dtlF1Y18 ed y'H Spp so R�r D.P—rDnojcpwnrs— CASE: 0818-06 ZONING & NOTICE AREA IL UOMMLEtr a N D N ji "I-,. ...... Rs-TH%-nho— RV %—AZTVuw P= SUBJECT m PROPERTY 0%= f CRY& LOCATION MAP Staff Report Page 6 Persons with disabilities planning to attend this meeting,whe may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240.Personas con incapacrdades. flue tienen la intencion de asislir a esta junta v Qua real servicios esoeciales. se les supiica oue den avfso 4$ horas antes de la iunta Ilamando at departamento de servi'Cios de desarrgllo al nijmgro(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 fntorpreter he present during the meeting Si usted desea diriaise a la commission durance la junta v su males es limitado favor de Hamar al departamenlo de serviuos de desarrollo al nl(3011820-3240 al merm 48 horas antes ft la i nta para solicitar un interprete ser presente durante la junta — CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0898-06 Guy Brady has petitioned the City of Corpus Christi to consider a change of zoning from the'CR-1" Resort Commercial District to the"RS-15"Single-Family 15 District,resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 2117 Laguna Shores Road and Lots 3, Block 1, Karstens Acres, located on the east side of Laguna Shores Road,south of Lola Johnson Road,and north of Hustlin Hornet Drive. The Plarning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and.ror Special Permit- Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 22, 2018, during one of the Planning Commission's regular meetings,which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240- 70 BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.O.BOX 9277,CORPUS CHRISTI,TEXAS 78469- 9277- ANY INFORMATION PROVIDED QELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be hell by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person. by telephone call or by letter. Printed Name: Address: ��zf l !/ U ruk Cl&Rcr R� CityrS(ate: C ( N FAVOR { )IN OPPOSITION Phone: ; 877 -I3i REASON: Signet SEE MAP ON REVERSE SIDE ' Case No 0818-06 INFOR Case No.:18ZN1020 Pmiert Manar)9r,Arl Dimas Property Owner ID:5 El and ril(M xtexas.ccm Zoning Case #0818-06 Guy Brady Rezoning for a Property at 2117 Laguna Shores Road City Council Presentation September 25, 2018 4OapU5 Cp� i8 2 Aerial Overview 'SUBJECT PROPERTY rhes Or• �� ,. Subject Property at 2117 Laguna Shores Road M q14 {5 Vicinity Map £ e 5 e � 1 Jam. yea[ I � .; {c]QPenStra#clap and mntri6utors, 3.e n CreatWe Ccmmvrs Share Alive me U-nse(CC-9Y-SA) 3 Zoning Pattern QO-8 HIE �] gal WN *e0ha Aa-TIFo SMC 9064 �� paoMM I-0 �00:2 RK4 0� WIS M77 C9-2 CR-1 WN %83 G d 4 Planning Commission and Staff Recommendation Approval of the change of zoning from the "CR- 1 " Resort Commercial District to the "RS-15" Single-Family 15 District Public Notification 12 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer RM Notification Area SUBJECT PROPERTY [o[4,DH�S�ro Opposed: 0 (0.00%) RE - 8 CR-1 In Favor: 2 s� 5 2� �J w� RS-6 ~y6 ®a�a�eYrznw Wyafumnrol.Pweloprtwnrserviwa 6 UDC Requirements ',. Buffer Yards. RS-15 to CR-1: 10' & 10 pts. Type B. Setbacks: Street: 25 feet Side. 5 feet Rear. 5 feet N - x' Parking: 2 Spaces per Dwelling Uses Allowed. >° Single-Family Residential, Place of Worship, and Educational. .rte xs Utilities ✓✓ "� • Water: 12-inch ACP Line Wastewater: 16-inch PVC Force Main Q located along Laguna Shores / Boulevard. Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is over 450 feet oRppPE- to the north at the intersection of Lola Johnson Road and Laguna Shores Boulevard.A 15-foot utility easement is located along the Lola Johnson Road frontage of the subject property AA Gas: 2-inch Service Line • Storm Water: Road side drainage se o� Va. AGENDA MEMORANDUM First Reading for the City Council Meeting of September 25, 2018 "`O""°p"`ESecond Reading for the Cit Council Meeting of October 9, 2018 1852 g Y g DATE: October 4, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JavEllncctexas.com (361) 826-3464 Tree Advisory Committee membership CAPTION: Ordinance amending Tree Advisory Committee membership. PURPOSE: To update City Code of Ordinances Chapter 2, Article IV, Division 12, Tree Advisory Committee, Section 2-140 regarding membership to replace the "landscape architect" with the "landscape professional" category. BACKGROUND AND FINDINGS: The current TAC has had a vacancy for the category landscape architect since December 2015. Since that time, eighteen (18) of twenty-five (25) meetings have been canceled due to no quorum. Despite multiple appeals to the community, the category remains open. ALTERNATIVES: Do not update ordinance. 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: RECOMMENDATION: The Parks & Recreation Director and TAC Liaison recommend changing the category in order to open up the opportunity for member applications to a larger group of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Tree Advisory Committee membership Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the City Code of Ordinances Chapter 2, Article IV, Division 12, Tree Advisory Committee, Section 2-140 regarding membership is revised as follows: "Sec. 2-140. - Creation and establishment of tree advisory committee. The city council hereby establishes a tree advisory committee for the City of Corpus Christi, Texas, which shall consist of five (5) members to be approved by the city council. Members of the committee shall serve without compensation. Membership of the committee shall consist of one (1) landscape arm professional defined as a landscape architect, landscape designer, horticulturist or landscape contractor; one (1) certified arborist, or urban foresters, one (1) representative from electric utility provider AEP-; and two (2) at large community members. Committee liaisons shall be a representative from the parks and recreation advisory committee and also from the planning commission. The committee liaisons shall have no voting power. Staff liaisons to the committee shall be an employee from each of the following city departments: parks and recreation, planning, development services, traffic engineering, engineering, and code enforcement. The certified arborist or urban forester is exempted from the residency requirements of section 2-65 and City Council Policy Number 14(o)." (Ord. No. 029756, § 1, 2-26-2013; Ord. No. 030059, § 1, 1-21-2014) Sec. 2-141. - Term of office; chair and vice-chair; and quorum requirements. Terms of office for the tree advisory committee members shall be two (2) years. In order to establish staggered terms, however, two (2) members shall serve an initial term of one (1) year and three (3) members an initial term of two (2) years. Initial terms shall be determined by drawing to be conducted at the initial committee meeting. The committee shall choose a chair and vice-chair, upon approval of the majority of the committee members present and voting. The committee shall comply with the Texas Open Meetings Act. A majority of the committee members shall be a quorum for the transaction of meetings. (Ord. No. 029756, § 1, 2-26-2013) Sec. 2-142. - Duties and responsibilities. (a) Development of city's public tree plan. (1) It shall be the responsibility of the tree advisory committee to review and recommend a formal written plan to the city council for the care, preservation, pruning, planting, replanting, removal or disposition of public trees. The plan must not conflict with the parks and recreation master plans. The committee shall provide a recommendation to planning commission on any proposed amendments to the Unified Development Code pertaining to planting and landscaping requirements. (2) A public tree is defined for purposes of this ordinance [Ordinance No. 029756] as trees, shrubs, bushes and all other woody vegetation planted in land owned by the City of Corpus Christi, Texas. (3) The committee shall work with the staff of the parks and recreation department to develop a recommended list of tree species for public trees to be planted on lands owned by the city. The list shall be broken into categories of small, medium, and large trees, such terms to be defined in the city's public tree plan. (4) The city's public tree plan shall provide for the following: a. No public tree may be closer than the following distances from the curb or sidewalk: small trees, two (2) feet; medium trees, three (3) feet; and large trees, four (4) feet. b. No public tree shall be planted closer than twenty (20) feet to any street corner, measured from the point of curbs and curblines of the nearest intersection. c. No public tree shall be planted closer than ten (10) feet to any fire hydrant. d. The city shall retain all rights to plant, prune, maintain, and remove public trees, plants and shrubs on city owned property. e. The public tree plan shall incorporate all applicable city ordinances regarding tree care and maintenance, including but not limited to the provisions of section 53-264 which requires that every owner of any tree overhanging any street or right-of-way within the city shall prune the branches in accordance with section 53-264 so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clearance space of at least seven (7) feet above the surface of the sidewalk and at least thirteen (13) feet above the surface of the street. f. The plan shall address unnecessary topping of public trees. Trees severely damaged by storms or other causes or certain trees under utility wires and other obstructions where alternative pruning practices are impractical may be exempt from the plan at the determination of the tree advisory committee. (5) The written plan shall be presented to the city council for review and consideration for approval. Upon approval by the city council, such plan shall constitute the official Public Tree Plan for the City of Corpus Christi. (6) The tree advisory committee shall periodically review such approved plan for recommended updates to the city council. Upon city council approval, the committee shall work with the parks and recreation department to implement the plan. (b) Other duties. (1) The committee may recommend to the parks director the removal of any public tree or part thereof which is damaged by disease, storm or which is in an unsafe condition. (2) The city council may request the tree advisory committee to consider, investigate, make findings, report or recommend upon any special matter of question pertinent to the city public tree plan. (3) The tree advisory committee shall provide a recommendation to planning commission on any proposed amendments to the Unified Development Code pertaining to tree planting and landscaping requirements. (Ord. No. 029756, § 1, 2-26-2013) Secs. 2-143-2-149. - Reserved. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of 12018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor �yUS C O H U AGENDA MEMORANDUM NconpoRF1E 1$52 Public Hearing and First Reading for the City Council Meeting of October 9, 2018 Second Reading for the City Council Meeting of October 16, 2018 DATE: September 12, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 6641 Lipes Boulevard (2/3 Vote Required) CAPTION: Case No. 0918-01 Staples Development, LLC: Request for rezoning property at or near 6641 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. (2/3 Vote Required) PURPOSE: The purpose of this item is to allow for the construction of a multifamily apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (September 5, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Vote Results: For: 7 Opposed: 1 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RM-1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP onl 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 Case No. 0918-01 Staples Development, LLC: Ordinance rezoning property at or near 6641 Lipes Boulevard from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Staples 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, September 5, 2018, during a meeting of the Planning Commission. The Planning Commission approval of the change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District and on Tuesday, October 9, 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 Staples 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 10.04 acres out of Lot 3, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Lipes Boulevard, east of Cimarron Boulevard, and west of Bronx Drive (the "Property"), from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District (Zoning Map No. 043031), as shown in Exhibits "A" and "B". Exhibit A, 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40D70F4\@BCL@B40D70F4.docx Page 2 of 6 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40D70F4\@BCL@B40D70F4.docx Page 3 of 6 10 ERT 0 400 Sao CASE: 0918-01 ZONING & NOTICE AREA -7 7 SUBJECT PROFER C CLTenhnologiee\easyPDF8V@BCL@B4OD7OF4V@BCW@B4OD7OF4.doex Page 4nf6 Texas GeoTech ENGINEERING & LAND SURVEYING, INC. EXHIBIT"A- 10.04 Acre Tract of Land Being a total of 10.04 acre tract of land, more or less, being the northwest half of Lot 3, Section 21, 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 also being the same tract of land deeded to Staples Development, LLC, in Document No. 2005032049 of the Official Public Records of Nueces County,Texas and being more particularly described by metes and bounds as follows; BEGINNING at a 518 inch iron rod found for the northeast corner of Lot 1, Butler Addition recorded in Volume 67, Page 52 of the Niap Records of Nucces County Texas, 518 inch iron rod being the southeast Corner of this tract; THENCE N 610 20'29"14' with the north lot line of said Lot 1,a distance of 330.01 feet to a 5.8 inch iron rod set for the northwest corner of said Lot 1,same being the southwest comer of this tract; THENCE N 280 39' 31" E at a distance of 1305.32 feet pass a 5/8 inch iron rod found on the north right of way line of Lipes Blvd., in all a distance of 1325.32 feet to a point in the centerline of said Llpes Blvd.,and being the northwest comer of this tract; THENCE, S 61° 21' 17" E with the centerline of said Lipes Blvd., a distance of 329.70 to a point on the center line of said Lipes Blvd.,and being the northeast comer of this tract; THENCE S-289 38'43"W at a distance of 20.00 feet para a 518 inch iron rod set on the south right of way line of said Lipes Blvd., in all a distance of 1325.40 to the POINT OF BEGINNING and containing 10.04 acre tract of land,more or less. This frcid non,s dereripriun—rirutrr a iagul dwumvnt unlrr.r d oprm an in ttr rotirrfv,ie ifs wi}in"Iftum.seal wrd.utmamrc wnrwr arrtunr,turraynn.ihilin•ar liuhilin a dituart r u/'in t orrcvrnrcr.it i%orinigly y r4-4uNinu•nded.It disturur njlhr tvrrrtlaufty nf�durr�unrt.t,that At%doc•umtvtr hr•iarorporoa• in all fwun•C00tnW119-P3.tvitbtrut aqr rth•irian or drltW mr OF 7 Yet ... a1Rr3El L. It00RE rrel 1. Mnnrr July 24,2018 {%4. 8 4 ��. Register Professional Land Surveyor q. 170301.doc 94; •Fn` '.i() License Number 4854 C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@B40D7OF4\@BCL@B4OD7OF4.docx Page 5 of 6 EXHIBIT CALLED 0 906 AC `4J MOSTACMAS ;NYESTMENTS TiNST ,r. �J J DOC/2015043331 OPR.N C.T \ - did CALLED 65 AC \ tij^' d. \`J•\(9 WAD(EDNA MAE Op RJ1 C 7. J5• -� 4 c�sa�c �ti CALLED 1000 AC PASZTOR EST MARGARET DOC# 36390 10.04 Acres. OPRACT \ CALLED 'iC AC CORSAL DEVELOPMENT LLC DODO 2012032200 \` h 51'CY1 1\1 Jj oP.R«cr. �7 CALLED 1000 At:. tip. P!J!JFl --'JLUF I\NJ ENCIN—'\L N ARACH CRRY8'1 ? �r1rt)Ll '\PlD �'rRDED I T -1\CTS OO709 DOC/ 2D2,7 DPRNCT V OL UNJ Px\GES 4) ': RNrT s s. P"AG .IMITEO DOC#2005056130 �� G OF R.NCT. -� SURVEY: 9 Being o total of 10.04 ocre trod of land, mon or LOT 1,SURER A00(VON Ol less. be:nq the narthweet half of Lot 3, Section 21. VOLUME 67, PAGE 52 FLOUR BLUFF and ENCINAL FARM and GARDEN TRACTS, M R.N C.T o mop of which is recorded in Volume A. pages 41-43, Map Records, Nueces County Texas and also d being the same tract of land deeded to Stop&" Development, LLC, in Document No. 2005032049 of - - ? the Official Public Records of Nueces County, Texas. NOTE: 1, JARREL L MOORE, A REGISTERED PROFESStONAL LAND SURVEYOR, DO THIS SURVEY WAS DAVE WRHOUT THE BENEFTT OF A HEREBY CERTIFY TWIT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE- TTTI.E COMMITMENT, THUS NOT ALL EASEMENTS OR PRESE14TS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISK)N SETBACKS ARE SHOWN, :F ANY. ANO SUBSTANTIALLY COMPLIES W1TH THE MP41MUM STANOARDS FOR LAND SURVEYING Mi TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS THIS THE 24TH DAY OF JULY 2018. TEXAS GEO TECH OF T .-G15TFRf�S' LAND SURVEYING, INC Q * 0390 SARATOGA BLVD. 9UrM C ................... Corpoe Chrtxti, Tx 76414 �'�-� ,S�ftttEL L 1100RE •• (361) 993 0606 Fax (361) 099-2906 ARR L MOORE -I..q..4.854 1. • DATE: 07/24/2018 DRAWN: RC EO PROFESSIONAL LAND SURVEYOR 1r.O� LICENSE No. 4854 �� '• 1 SCALE: 1' - 200' JOB NUMBER: 170341 � SURF' APPROVED: JLlI SURVEY: ALEX C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@B40D7OF4\@BCL@B4OD7OF4.docx Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0918-01 INFOR No. 18ZN1021 Plannin Commission Hearin Date: September 5, 2018 = Owner: Staples Development, LLC. a 0 Applicant: Staples Development, LLC. u .� Location Address: 6641 Lipes Boulevard Q u Legal Description: 10.04 acres out of Lot 3, Section 21, Flour Bluff and Q °a o Encinal Farm and Garden Tracts, located on the south side of Lipes Boulevard, east of Cimarron Boulevard, and west of Bronx Drive. From: "FR" Farm Rural District c a To: "RM-1" Multifamily 1 District •Es Area: 10.04 acres N Purpose of Request: To allow for the construction of a multifamily apartment complex. Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural District Vacant Medium Density Residential = Government North "FR" Farm Rural District Public/Semi-Public (vernme •_ Commercial and South "FR" Farm Rural District Vacant Commercial = J East "RM-1" Multifamily 1 Vacant High Density X District Residential LU "FR" Farm Rural, "RM-2" West Multifamily 2, and "CN-1" Vacant Medium and High Neighborhood Density Residential Commercial Districts Area Development Plan: The subject property is located within the Ca v, boundaries of the Southside Area Development Plan and is planned for o medium density residential uses. The proposed rezoning to the "RM-1" 2 a Multifamily 1 District is generally consistent with the adopted Comprehensive a o Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Q Map No.: 043031 Zoning Violations: None = Transportation and Circulation: The subject property has approximately 329 ° feet of frontage along Lipes Boulevard, which is designated as a "C3" Primary Collector Street. According to the Urban Transportation Plan, "C3" Primary ° Collector Streets can convey a capacity between 20,000 to 32,000 Average a N Daily Trips (ADT). The site is serviced by Route 26 of the Corpus Christi L Regional Transit Authority. The nearest bus stop is 1,700 feet to the northwest in front of Veterans Memorial High School. Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation � O Plan Type Section Section Volume N Lipes "C3" Primary 75' ROW 60' ROW Boulevard Collector 50' Paved 25' Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District to allow for the construction of a multifamily apartment complex. Development Plan: The subject property is 10.04 acres in size. The owner is proposing an apartment complex at 22 units per acres equaling a maximum of 220 apartment units. The owner bases his request on the future development of Del Mar College South Campus and the need for student housing in close proximity. The subject property is within walking/biking distance. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and consists of vacant land. The subject property was zoned "FR" Farm Rural in 1995 at the time of annexation and has remained undeveloped. To the north is Veterans Memorial High School zoned "FR" Farm Rural District. To the south are vacant tracts zoned "FR" Farm Rural District. Separating the subject property from the southern properties is Master Channel 31 . Master Channel 31 has a drainage right-of- way width of approximately 140 feet and a depth of 7.21 feet. To the east is a vacant tract recently zoned "RM-1" Multifamily 1 District in June of this year. Further to the east is a single-family residential subdivision (Airline Crossing Unit 2) zoned "RS-6" Single- Family 6 District. To the west are vacant tracts zoned "FR" Farm Rural, "RM-2" Multifamily 2, and "CN-1" Neighborhood Commercial Districts. The original "CN-1" and "RM-2" rezonings occurred in 2015. Most recently a tract was rezoned "RM-2" Multifamily District in May of this year. Separating the subject property from a portion of the western properties is Master Channel 31. Master Channel 31 has a drainage right- of-way width of approximately 140 feet and a depth of 7.21 feet. 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. Utilities: Water: 12-inch C900 line located along Lipes Boulevard in front of the subject property. Wastewater: No wastewater service is currently available. However, waste water access is available via manhole approximately 1,200 feet to the east along Lipes Boulevard at a depth of 13.2 feet. Gas: No gas service is currently available. Staff Report Page 3 Storm Water: Storm water drainage is available along Lipes Boulevard in front of the subject property to the north or via Master Channel 31 to the west and south. 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 "CN-2" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC), warrants an amendment to the Future Land Use Map, and is consistent with the following policies: • Encourage orderly growth of new residential, commercial, and industrial areas. (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) • Promote compact and walkable mixed-use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit-ready" locations. (Future Land Use, Zoning, and Urban Design Policy Statement 2) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • 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 direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low-intensity residential areas. (Southside ADP, Policy Statement B.7) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant, is a remaining undeveloped lot, and has not been developed since annexation in 1995. • Master Channel 31 has a drainage right-of-way width of approximately 140 feet and a depth of 7.21 feet and will act as a buffer between the subject property to the south and a portion to the west. • Recent rezonings have occurred to the west in 2015 to the "CN-1" Neighborhood Commercial District and to the "RM-1" Multifamily 1 District. Most recently to the Staff Report Page 4 east, a zoning case was passed in June of this year to the "RM-1" Multifamily 1 District regarding an apartment complex with a maximum density of 235 dwelling units. • Based on recent zoning changes along Lipes Boulevard (C3 Primary Collector) a trend towards multifamily development is occurring. Such a trend is consistent with the goals and policies of the Comprehensive Plan. Infill of remaining adjacent "FR" Farm Rural Tracts will be addressed by future rezonings and may generate further amendment of the Future Land Use Map. • Del Mar College South Campus and the need for student housing in close proximity. The subject property is within walking/biking distance. The subject property is less than half a mile away via the future expansion of Bronx Avenue. Planning Commission and Staff Recommendation (September 5, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Vote Results: For: 7 Opposed: 1 Absent: 1 Abstained: 0 Number of Notices Mailed — 10 within 200-foot notification area = 5 outside notification area 0 As of August 31, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area — 0 outside notification area a 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\2018\0918-01 Staples Development,LLC\Council Documents=Report_0918-01 Staples Development,LLC.docx Staff Report Page 5 CN-} FR F?.V-2 fo QST 6 RM-2 5 SUBJECT RM f PROrPERTY 3 4 rd 2 F-r CASE: 0918-01 ZONING & NOTICE AREA IL U91t1w-i"m —AT M— �;-TH T—hone SUBJECT by FU =1=2 i I h t 19 P311{ PR© 0' City0f X4= ILOCATION P — FM = Zoning Case #0918-01 Staples Development, LLC. Rezoning for a Property at 6641 Lipes Boulevard City Council Presentation October 9, 2018 Aerial Overview Ir 2211, f tri 4/ o ono j,. 0M Nor 2 Subject Property at 6641 Lipes Boulevard ItflM_2 R.ta-1 . g . Vicinity Map „d4; ..-•i OpenStreetMap and tantributo , AeatMe Cvmmors-Share AIi(e Lioense.jCC-&Y-SA} 3 A -y Zoning Pattern WOO & 49� OR Q QIon 2097 (�G, 9998 IFR QO-8 M-2 �I OM flap �09� 2@mf h Campa � Moog Planning Commission and Staff Recommendation Approval of the change of zoning from the "FR" Farm Rural District to the "RM- 1 " Multifamily 1 District Public Notification 10 Notices mailed inside 200' buffer FR 5 Notices mailed outside 200' buffer RM-] Notification Area AM-2 6 Opposed: 0 (0.00%) SUBJECF MM FRQRERTY 0 In Favor: 0 ° Z,. �e 4� 6 UDC Requirements Ir Buffer Yards: "RM-1" to TR" �\ Parcel developed second MV 2 Setbacks: Street: 20 feet Side & Rear: 10 feet Rear: 2:1 Setback (height) Parking: 1 BR— 1.5 spaces/unit 2 BR— 2 spaces/unit 1 space/ 5 units —Visitors R=E Landscaping, Screening, and Lighting Standards Uses Allowed: Single-Family Homes, Duplexes, Apartments, and Day Care p Uses. Utilities Water: 12-inch C900 Line Wastewater: No wastewater � service is currently available. However, a manhole is ` approximately 1 ,200 feet to ' o the east along Lipes Boulevard at a depth of 13.2 feet. Gas: No service available PROPERTY "` Storm Water: Storm water drainage is available along - Lipes Boulevard in front of the subject property to the north or via Master Channel 31 to the west and south. 4JaPUs CNq•r i 4 i I J y ias2 ,, Kaffie a � a Schools and Multifamily Uses ol .Mar Clege - South \�= se GO O Va. v AGENDA MEMORANDUM NORROPp�EO First Reading for the City Council Meeting of October 9, 2018 1852 Second Reading for the City Council Meeting October 16, 2018 DATE: September 24, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema�cctexas.com 886-2603 Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department CAPTION: Ordinance authorizing acceptance of$54,339.42 grant from State of Texas, Criminal Justice Division for Violence Against Women Program with cash match of $14,000 and in-kind match of $8,280; appropriating $54,339.42 in Police Grants Fund; and authorizing transfer of$14,000 from General Fund to Police Grants Fund. 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 $54,339.42 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute $8,280 in-kind contribution, and the City contributes $14,000 for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2018— 8/31/2019. ALTERNATIVES: None OTHER CONSIDERATIONS: 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: 2018- Expenditures 2019 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $14,000 $141000 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Award Ordinance authorizing acceptance of $54,339.42 grant from State of Texas, Criminal Justice Division for Violence Against Women Program with cash match of$14,000 and in-kind match of $8,280; appropriating $54,339.42 in Police Grants Fund; and authorizing transfer of$14,000 from General Fund to Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $54,339.42 to continue the Violence Against Women Formula Grant (VAWA) grant within the Police Department with a cash match of $14,000.00 and an in-kind match of $8,280.00 for a total project cost of $76,619.42. SECTION 2. That $54,339.42 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant program in the Police Department. SECTION 3. The transfer of $14,000.00 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $76,619.42. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor �Ot,Eitl`�O`� GOVERNOR GREG ABBOTT Dear Grantee: Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to eGrants at Wps://eGrants.goy.texas.gov and go to the `My Home' tab. In the `Pending Applications' section,locate the application with a`Current Status'of"Pending AO Acceptance of Award". Click on the grant number and proceed to the `Accept Award' tab. From this tab, click on the `Accept' button. Grants must be accepted within 45 calendar days of the date the award was issued. Be sure to review the Grantee Conditions and Responsibilities Memo for a quick overview of general items every grantee should be aware of. You can also find more detailed information on the eGrants website including helpful resources,links,and tools needed to properly administer CJD grants.The Guide to Grants, also on the website, contains answers to questions frequently asked by grantees. If you have any questions regarding this award, feel free to contact your grant manager, whose name is referenced in the Statement of Grant Award or you may always contact our office via the eGrants Help Desk at eGrants_Ray.texas.Rov. We look forward to working with you to ensure the success of your program. Reilly Webb Executive Director Criminal Justice Division POST OFFICE BOX 12428 AUSTIN,TEXAS 78711512463-2000(VOICE)DIAL 7-1-1 FOR RELAY SERVICES Office of the Governor Page 1 of 2 Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the`Narrative' and`Budget/Details' tabs.By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Uniform Grant Management Standards(UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding.The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 1517120 Award Amount: $54,339.42 Date Awarded: 9/21/2018 Grantee Cash Match: $14,000.00 Grant Period: 09/01/2018-08/31/2019 Grantee In Kind Match: $8,280.00 Liquidation Date: 11/29/2019 Total Project Cost: $76,619.42 Program Fund: WF-Violence Against Women Formula Grants Grantee Name: Corpus Christi,City of Project Title: Victim Assistance Program Grant Manager: Donald Stout DUNS Number: 069457786 CFDA: 16.588-Violence Against Women Formula Grants Federal Awarding U.S.Department of Justice,Office on Violence Against Women Agency: Federal Award 9/13/2018 Date: Federal/State 2018-WF-AX-0022 Award ID Number: Total Federal Award/State Funds $10,981,529.00 Appropriated: Pass Thru Entity Texas Office of the Governor—Criminal Justice Division(CJD) Name: Is the Award R&D: No https:Hegrants.gov.texas.gov/proj ect/accept.aspx?i 1=8&gh=81-16-C 1-B2-B8-7A-6B-12-1... 9/24/2018 Office of the Governor Page 2 of 2 Federal/State The STOP Program continues to encourage the development and implementation of effective,victim Award Description: centered law enforcement,prosecution,and court strategies to address violent crimes against women and the development and enhancement of victim services in cases involving violent crimes against women.It envisions a partnership among law enforcement,prosecution,courts,and victim services organizations to enhance victim safety and hold offenders accountable for their crimes against women. https:Hegrants.gov.texas.gov/proj ect/accept.aspx?i 1=8&gh=81-16-C 1-B2-B 8-7A-6B-12-1... 9/24/2018 se GO "�c9 O� F v AGENDA MEMORANDUM hoRPORAS EO First Reading for the City Council Meeting of October 9, 2018 1852 Second Reading for the City Council Meeting of October 16, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting CAPTION: Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting; and providing for penalty. PURPOSE: The purpose of this item is to exempt flea markets and farmers market vendors from the requirement to obtain a City vendor permit when operating at a designated outdoor location used primarily for the distribution and sale directly to consumers for produce by farmers or other producers, or for the sale or bartering of goods, excluding mobile food vendors. BACKGROUND AND FINDINGS: Existing ordinance language requires any person who engages in the business of selling, offering for sale, renting or offering for rent and delivering from stock at or near the time of sale or rental any goods or services from any vehicle, cart, stand, or other equipment or device or from his person, from, in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises; and outside a permanent, established structure to obtain a vendor permit. Vendors operating at flea markets and farmers markets conducted in designated outdoor locations with the permission of the property owner, excluding mobile food vendors, do not pose a threat to the safety, health or welfare of the public. Therefore, no City vendor permit should be required. Flea markets and farmers markets are already regulated through building codes, zoning, and certificates of occupancy. A flea market or farmers market should not necessitate a vendor permit because the consumer is seeking the services on site as opposed to going door to door or to a public area. ALTERNATIVES: Denial or alteration of the proposed amendment. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting; and providing for penalty BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinance, Section 38-2 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 38-2. - Definitions and construction. (a) As used in this article, the following definitions shall apply: (1) Bayfront seawall shall mean the protective retaining wall running along the shore of Corpus Christi Bay and along Shoreline Boulevard from Buford Street to the entrance ramp to the barge dock, including the sidewalk thereon. (2) Business shall mean any marketing activity conducted for the sale or rental of goods or services for private profit on any premises in this city. (3) City shall mean the City of Corpus Christi, Texas, or where the context indicates, the city manager or his designated representative or other authorized representative of the city. (4) Commercial printed matter means any printed or written matter whether on a sample, device, circular, leaflet, pamphlet, paper or booklet or whether printed, reproduced or copied of any matter or literature which advertises for sale any merchandise, product, commodity, or services; or- a. Directs attention to any business, or commercial establishment, or other activity for the purpose of either directly or indirectly promoting sales; b. Directs attention to or advertises a meeting, performance, exhibition, or event for which an admission fee is charged or a collection is taken to defray expenses; or C. While containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed or circulated for advertising or for the private benefit and gain of any person so engaged as the advertiser or distributor. (5) Commercial solicitor shall mean any person without a permanent business establishment within the city who takes or offers to take orders for the future delivery of any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof. 1 (6) Farmers market means a designated outdoor location used primarily for the distribution and sale directly to consumers of produce by farmers or other producers. (7) Flea market shall mean a designated outdoor location provided to two or more persons used primarily for the sale or bartering of goods. (98) Home solicitation means the business of soliciting, selling, offering for sale, renting or offering for rent or taking orders for goods or services or distributing commercial printed matter by means of going on private premises from house to house, including apartment homes and other multi-family housing, without the prior expressed request or consent of the owner or occupant thereof. (79) Itinerant merchant shall mean any person without a permanent business establishment within the city who engages in a temporary business of selling, offering for sale, renting or offering for rent any goods or services from a permanent, established structure. Temporary association with an established resident business or person shall not excuse any itinerant merchant from the terms of this article. (91 0) Local youth organization means an organization that meets all of these requirements: (i) is a charitable or nonprofit entity, or a public or private primary or secondary school, or a program unit authorized by any such school (such as a band, athletic team, student club, etc.); and; (ii) which raises funds for the organization by predominantly using children; (iii) has not been accused by any law enforcement agency of fraud, child labor law violations, or other crime against residents in the course of soliciting. All local youth organizations must have a physical address in City of Corpus Christi. (911) Mobile food unit means a food establishment contained within a motor vehicle or a trailer capable of being mounted on a motor vehicle, stand, cart, craft, or other equipment or device for the purpose of parking or stopping briefly for selling food and beverages directly from the vehicle, trailer, stand, cart, craft, or other equipment or device to customers who approach the unit. Mobile food unit does not include a converted storage/shipping container or other similar structure. (192) Mobile food vendor means a vendor who specifically engages in the business of selling or offering for sale food and beverages directly from a mobile food unit in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises. (14-4) Panhandle means the employment of the spoken, written or printed word or other acts as are conducted in the furtherance of the purpose of immediately collecting money or any other item of value for the use of one's self or others. (12-5) Peddler shall mean any person without a permanent business establishment within the city who sells, offers for sale, rents or offers for rent any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the 2 owner or occupant thereof, and who makes delivery at or near the time of any such transaction. (1 ) Permanent business establishment means a building or part of a building or space within a building owned or occupied for use in the operation of an on- going commercial or industrial enterprise which has been or is intended to be conducted for more than forty-five (45) days and for which use a certificate of occupancy has been issued by the city. (147) Person shall mean any individual, firm, company, corporation, organization, partnership, association or other legal entity. (1�58) Tourism/leisure activities means endeavors which encourage and or accommodate recreational use and enjoyment of the bayfront seawall area by tourists and members of the community. (169) Vending unit shall mean any vehicle, stand, cart, craft, or other equipment or device, except a mobile food unit, used by a vendor for the storage or display of goods for sale or rent or in the actual rendering of services. Vending unit does not include a converted storage/shipping container or other similar structure. (17-20) Vendor shall mean any person who engages in the business of selling, offering for sale, renting or offering for rent and delivering from stock at or near the time of sale or rental any goods or services from any vehicle, cart, stand, or other equipment or device or from his person, from, in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises; and outside a permanent, established structure. SECTION 2. The Corpus Christi Code of Ordinance, Section 38-3 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 38-3. - Applicability; affirmative defenses. This article shall not apply to the following persons, businesses or conduct or under the following conditions; provided, however, that it shall not be necessary in the prosecution of any violation of this article to negative any of such exceptions or exemptions herein expressed; but the pleading and proof of the same shall be an affirmative defense in any such prosecution: (17) Persons engaged in the sale of goods at a flea market, excluding mobile food venders. (18) Persons engaged in the sale of goods at a farmers market, excluding mobile food venders. 3 SECTION 3. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 4. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 5. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 6. This ordinance is effective immediately upon passage. 4 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 5 Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting City Council Presentation October 9, 2018 Purpose • To exempt farmers market and flea market vendors from the requirement to obtain a City vendor permit when operating at a designated outdoor location. Background and Findings • Existing ordinance language requires any person who engages in the business of selling any goods or services from any vehicle, cart, stand, or other equipment in or upon any public way or any private premises; and outside a permanent, established structure to obtain a vendor permit. • Vendors operating at flea markets and farmers markets conducted in designated outdoor locations with the permission of the property owner, do not pose a threat to the safety, health or welfare of the public. Background and Findings • Flea markets and farmers markets are already regulated through building codes, zoning, and certificates of occupancy. • A flea market or farmers market should not necessitate a vendor permit because the consumer is seeking the services on site as opposed to going door to door or to a public area. Background and Findings F,L]FRAR a Ab 9Fanneesd1h ®a Marke 5-8 P1 �FARMfRc■ MARKET; ■�ueaau ■as.. l SECTION 1.The Corpus Christi Code of Ordinance, Section 38-2 is amended by adding the following language that is underlined (added) (6) Farmers market means a designated outdoor location used primarily for the distribution and sale directly to consumers of produce by farmers or other producers. (7) Flea market shall mean a designated outdoor location provided to two or more persons used primarily for the sale or bartering of goods. l SECTION 2.The Corpus Christi Code of Ordinance, Section 38-3 is amended by adding the following language that is underlined (added) to exclude the following from the code. (17) Persons engaged in the sale of goods at a flea market, excluding mobile food venders. (18) Persons engaged in the sale of goods at a farmers' market, excluding mobile food venders. Recommendations • Approval se GO � � fA O H v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 9, 2018 "oRPowpsE° Second Reading Ordinance for the City Council Meeting of October 16, 2018 1852 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Closing of a portion of a utility easement located at 3945 Crosstown State Highway 286 CAPTION: Ordinance abandoning and vacating a 0.0223 acre portion of a utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286. PURPOSE: The purpose of this ordinance is to close a portion of a utility easement along the common property line of adjacent lots owned by the property owner. BACKGROUND AND FINDINGS: Kleberg Bank (Owner) is requesting the vacation and abandonment of a 0.0223 acre (970-square feet) which is a portion of a 10-foot utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286. This abandonment and vacation of the utility easement is being requested by the owner due to common ownership between both lots. All public and franchised utilities were contacted and none of the City departments or franchised utility companies stated objections regarding the proposed utility easement closure. The closure is being proposed to allow a future development of a Kleberg Branch. ALTERNATIVES: Denial of the proposed utility easement abandonment and vacation. 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 DEPARTMENTALCLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement closure. No utilities are located in the proposed easement closure. NOTE: The remaining western portion of the utility easement will remain to accommodate American Electric Power (AEP) electrical infrastructure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Project to Fiscal Year: 2018-2019 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation Ordinance abandoning and vacating a 0.0223 acre portion of a utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286. WHEREAS, Kleberg Bank. (Owner) is requesting the abandonment and vacation of a 0.0223 acre portion of an existing utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.0223 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 Kleberg Bank (Owner), a 0.0223 acre portion of an existing utility easement out Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286, as recorded in Volume 68, Page 910-911 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, 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 Kleberg Bank. (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy 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 Everett Roy 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 the closure of a 5 foot Utility Easement being a 0.0224 of an acre (975 square feet)and being out of Lot 4, Block 4, of the Roseland Place Subdivision, as recorded in Volume 42, Page 172, Map Records of Nueces County Texas (M.R.N.C.T.),the said 5 foot wide Utility Easement 0.0224 of an acre(975 square feet) being closed and vacated and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found in the west Right-of-Way(R.O.W.) of Crosstown Expressway(S.H. 286, Variable width R.O.W.), same being the north R.O.W. Horne Road (100' R.O.W.), as recorded in Volume 42, Page 172, M.R.N.C.T., from which the"POINT OF BEGINNING" bears North 62°02'03"West, 180.76 feet., along and with the common boundary of the said Lot 4, Block 4, (Kleberg Bank N.A. tract) and the said north R.O.W. of Horne Road, to the south corner of Lot 3, Block 4, of the said Roseland Place Subdivision, as conveyed to Kleberg Bank N.A., in Document No. #2017038751, O.P.R.N.C.T., for the "POINT OF BEGINNING"for the west corner of the herein described 5 foot wide Utility Easement Closure; THENCE North 27°57'57" East, along and with the common boundary of the said Lot 3, Block 4 (Kleberg Bank N.A. tract) and the said Lot 4, Block 4, (Kleberg Bank N.A. tract), departing the north line of the said Horne Road (100' R.O.W.), a distance of 195.00 feet to a point for the north corner of the herein described 5 foot wide Utility Easement Closure; THENCE South 62°02'03" East, departing the common boundary of the said Lot 3, Block 4, (Kleberg Bank N.A. tract) and the said Lot 4, Block 4, (Kleberg Bank N.A. tract), crossing into the said Lot 4, Block 4(Kleberg Bank N.A. tract), a distance of 5.00 feet to a point for the east corner of the herein described 5 foot wide Utility Easement Closure; THENCE South 27°57'57"West, continuing across the said Lot 4, Block 4 (Kleberg Bank N.A, tract), a distance of 195.00 feet,to a point on the common boundary of the said Lot 4, Block 4 (Kleberg Bank N.A.) and the north R.O.W. of the said Horne Road (100' R.O.W.),for the south corner of the herein described 5 foot wide Utility Easement Closure; THENCE North 62°02'03" West, along and with the common boundary of the said Lot 4, Block 4, (Kleberg Bank N.A.) and the said north R.O.W. of Horne Road (100' R.O.W.), a distance of 5.00 to the "POINT OF BEGINNING" and containing within these metes& bounds 0.0224 of an acre (975 square feet)of land, more or less. (All bearings are based on The Texas State Plane Coordinate System, South Zone 4205, NAD 83). 1 hereby certify that the foregoing legal description was prepared from an on the ground survey performed on February 13, 2018, under my supervision and it correctly represents the facts found at the time of the survey. *Revised 08/31/2018. Xavier Sandoval � t` Registered Professional Land Surveyor License No. 5886 State of Texas ~ '� CHOI HOLDING NANAGENENT LLC., LAT 5,BLOCK 4,ROSELAND PLACE SUED, VOL 42,PG.172, NPRNC.T., DOC.NO.12007014719,OPR.N.C.T. /A S 62.02'03" E \ 'oQ / 5.00' \\ \ G� ay 0.0224 ACRES 4v / p 975 SQ.FEET 5'U.E,0.0223 ACRES rPS3' KLEHERG BANK -. .2" (970 SQ.FEET) NA, C�' ! /LAT 7,BLOCK 4,ROSELAND PLACE SUBO., i�'�' VOL.42,PG.'172, ! VOL 42,PG.172, NP.R.N.C.T., r P.R.N.C.T. / DOC.NO.2011038751,O.P.R.NC.L ' n ASPHALT h N `\ KLEBERG LANK NA, 3 tt Jd LAT 4,BLOCK 4,ROSELAND PLACE SUBD., VOL 42,PG.172, NPRNC.T., DOC.NO.2017038751,OPR.N.C.L a i wd � N 62'02'03" W I oN I X60 A� 0 40 80 120 S6 OF Tex P GI S T&j•'. 1°-911 •:ul ...:................:. .. XAVIER SANDOVAL i•:Ra 5886?p 9,L••iE s sxo.:�O R ISTERED PROFESSIONAL LAND SURVEYOR LICENSE NO. 5886, STATE OF TEXAS I, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT REPRESENTS AN ON THE GROUND SURVEY, PERFORMED UNDER MY SUPERVISION THIS THE 14TH DAY OF FEBRUARY, 2018. NOTES: • PROPOSED EASEMENT CLOSURE(VACATE). • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83,SOUTH ZONE 4205. SURVEY OF A 5' UTILITY EASEMENT BEING 0.0224 OF AN ACRE(975 SQ. FEET), • O.P.R.N.C.T.. =OFFICIAL PUBLIC RECORDS NUECES COUNTY,TEXAS. OUT OF LOT 4, BLOCK 4, ROSELAND PLACE SUED.,VOL. 42, PG. 172, M.P.R.C.C.T., • M.R.N.C.T.. = MAP RECORDS NUECES COUNTY,TEXAS. AS CONVEYED TO KLEBERG BANK IN DOC. NO.2017038751,O.P.R.N.C.T. • D.R.N.C.T.. = DEED RECORDS NUECES COUNTY TEXAS. • PROPERTY CORNERS NOTED. DB4mBI. D\1 L. -e` • PL = DENOTES PROPERTY LINE. • P.O.B. = "POINT OF BEGINNING". %D6 1120fi201R • THERE MAY BE EXISTING UTILITIES& PIPELINES NOT SHOWN ON PLAT.USE THE TEXAS ONE CALL 6WPPIOVElt DATE: r ■ SYSTEM TO LOCATE PIPELINES BEFORE PERFORMING EXCAVATIONS ON THIS PROPERTY 'EE11S11D SURVEYINM APPING (http://texas811.org/). � 090612018 JUIlVLI11YuU 1 tICf11YU • ALL RIGHTS RESERVED O UCC1-2.7. 1111,0JEC'TNO.: XD5 SURVEYING s MAFPIKG Pc. F-10NE: 2 1 0.7 1 8.71 89 I 40. 180200 xa vl e r dsa N a o v a I@gmaII.,o FIRM REGISTRATION 101 94170 Easement Closure for Roseland Place Lot 4, Block 4 (3945 Crosstown State Highway 286) City Council Presentation October 9, 2018 opus ti r _ Vicinity V s7 s ie"52 yg� � .r. 1 e f Aerial Overview _ Proposed 5' It W wide utility easement closure 0 Staff Recommendation Approval se �o o� � F v AGENDA MEMORANDUM hORPO RASE 1852 Public Hearing for the City Council Meeting of September 11, 2018 First Reading Ordinance for the City Council Meeting of October 09, 2018 Second Reading Ordinance for the City Council Meeting of October 16, 2018 DATE: September 24, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Ordinance amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district CAPTION: Ordinance amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district; and providing for penalties. PURPOSE: The purpose of this item is to define and regulate the location of Smoking Lounges. BACKGROUND AND FINDINGS: A public hearing was held on September 11, 2018, and City Council tabled this amendment to have staff clarify language. • Smoking Lounges. Because of recent interest, this amendment creates a new zoning principal use, smoking lounges, within the Indoor Recreation Use Category. Because the expected late evening operating hours of such an establishment would have a similar impact on an area as bars, pubs, or taverns, this use would not be allowed in Neighborhood Commercial or Office districts, but rather, it would be allowed in Commercial Resort, Commercial General, Commercial Intensive, Central Business District, and Business Park zoning districts. Staff has removed language in the Smoking Lounge definition concerning "in whole or in part" and revised the definition to clarify that smoking lounges are a use engaged in the sale of tobacco products for on-premise consumption. ALTERNATIVES: Denial or alteration of proposed text amendments. OTHER CONSIDERATIONS: 1 The draft ordinance is posted on Development Services website for comment. Notice of a public hearing was published in the Corpus Christi Caller Times on Monday, August 27, 2018. CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: A public hearing of the original amendment was held on Wednesday, July 25, 2018 and Planning Commission recommended approval. Staff recommends approval of the revised amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation 2 Ordinance amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district; and providing for penalties WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 25, 2018, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, September 11, 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 to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 1 "General Provisions", section 1.11 "Definitions", Subsection 1.11.3 "Defined Terms" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted; as delineated below: 1.11.3. Defined Terms Smoking Lounge: A use engaged in the sale of tobacco product for on-premise consumption. Smoking lounge includes but is not limited to establishments known variously as cigar lounges, hookah lounges, vape lounges, tobacco clubs, tobacco bars, etc. SECTION 2. UDC Article 4 "Base Zoning Districts", Section 4.5 "Commercial Districts", Table 4.5.2 "Permitted Uses (Commercial Zoning Districts)" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: P=Permitted Use L=Subject to Limitations SUE=Special Use Exception SP=Special Permit N N M — N p [blank cell] =Not Permitted z z z � � � U O _ m Standards U U O U UUUUUUm Commercial Uses Commercial Parking Uses[5.1.4.A] P P P P P P P P P P P Indoor Recreation Uses[5.1.4.B] P P SP P P P P P P P P Bar,tavern or pub L L L L L L L L 5.2.7 Smoking Lounge P P P P P P P P SECTION 3. UDC Article 5 "Use Regulations", Section 5.1 "Use Categories", Subsection 5.1.4 "Indoor Recreation" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below. Characteristics:General commercial uses,varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting. Principal Uses Accessory Uses Uses Not Included Auditorium Associated offices Aquarium(see Community Bar,tavern or club Concessions Service) Exposition building Food preparation and dining Art gallery(see Community Indoor entertainment activities such areas Service) as billiard halls,bowling alleys, pool Off-street parking Athletic or health club (see Retail halls,dance halls, indoor firing Satellite dish antenna under Sales and Service) ranges,movie or other theaters,and 3.2 feet* Library(see Community Service) skating rinks Museum(see Community Service) Membership club or lodge Senior centers(see Community Natatorium Service) Smoking Lounge Youth club facilities (see Community Sexually oriented business Service) SECTION 4. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may 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 of this ordinance be given full force and effect for its purpose. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1.10.1 , and Article 10 of the Unified Development Code (UDC). SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 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 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 Smoking Lounges City Council Presentation October 9, 2018 Purpose 1 . To classify and define the use 2. Determine where the use is appropriate 3. Limit negative impacts to residential neighborhoods Background and Findings • How are Smoking Lounges Classified/Defined? • On-premise tobacco sales and consumption • Hours of Operation (Late Night/Early Morning) • Outdoor Patios • Where should Smoking Lounges be located? • Indoor Recreation Use: • Bars — Resort and General Commercial Districts • Retail — Neighborhood Commercial Districts • Smoking Lounges: Resort and General Commercial Districts Definition UDC Article 1 "General Provisions", section 1.11 "Definitions", Subsection 1.11.3 "Defined Terms" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 1 .11 .3. Defined Terms Smoking Lounge: A use engaged in the sale of tobacco product for on-premise consumption. Smoking lounge includes but is not limited to establishments known variously as cigar lounges, hookah lounges, vape lounges, tobacco clubs, tobacco bars, etc. Where Permitted UDC Article 4 "Base Zoning Districts", Section 4.5 "Commercial Districts", Table 4.5.2 "Permitted Uses (Commercial Zoning Districts)" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: P=Pemitted Use L=Subject to Limitations SUE=Special Use Exception SP=Special Permit ^ `~ M ^ `V [blank cell]=Not Permitted z 2 z 6 _ m d Standards U U O U U U U U U U m Commercial Uses Commercial Parking Uses�5.1.4.Aj F F P P P P P F P P P Indoor Recreation Uses[5.1.4.B] P P SP P P P P P P P P Bar,tavern or pub L L L L L L L L `,_ Smoking Lounge P P P P = Classification UDC Article 5 "Use Regulations", Section 5.1 "Use Categories", Subsection 5.1.4 "Indoor Recreation" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below. Characteristics:(3eneral commercial uses.varying in size_providing daily or regularly scheduled recreation-onented activities in an indoor setting. 4. �•� Auditonum Associated offices Aquarium(see Community Bar,tavern or club Concessions Service) Exposition:wilding Food preparation and dining Art gallery(see Community Indoor entertainment activities such areas Service) as billiard halls,bowling alleys,pool off-street parking Athletic or health club(see Retail halls,dance halls, indoorfiring Satellite dish antenna under Sales and Service) ranges.movie or other theaters,and 3.2 feet' Library(see Community Service) skating rinks Museum(see Community Servioe? Membership club or lodge Senior centers(see Community Natatorium Service) n ok.n,Lourae Youth club facilities(see Community Sexually oriented business Service) Staff Recommendation Approval of the text amendment SC o� Va. F v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 9, 2018 NOORPURPIESecond Reading Ordinance for the City Council Meeting of October 16, 2018 1852 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison, City Manager's Office Arlene M(a)cctexas.com (361) 826-3356 Approval of Fourth Amendment to the TIRZ#3 Project & Financing Plan CAPTION: Ordinance approving the amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas. PURPOSE: The purpose of this item is to update the Amended Project & Financing Plan for Tax Increment Reinvestment Zone #3. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 in the City's Downtown, adopting a draft Project & Financing Plan. The Project & Financing Plan is required by the State, must include all activities of a Tax Increment Reinvestment Zone and must be adopted by the municipality by ordinance. In 2015, the TIRZ #3 Board and City Council approved an Amended Project & Financing Plan, which created programs and initiatives to facilitate type of development needed in the downtown. In 2016, the TIRZ #3 Board accepted a Second Amendment, which expanded programming and services from the Downtown Management District; refined the Incentive Programs; and enabled funds to be expended for public, cultural and/or historic properties within the Zone, updated Del Mar College's Participation, and updated the Project Plan Budget for FY 2017. In 2017, the TIRZ #3 Board authorized a Third Amendment, which renamed the Site Assembly & Development category to Site Management & Development; expanded both Parking Management and Traffic Pattern and Streetscapes to authorize funding for implementation; and expand other Programs and Initiatives to include Cultural District Plan as part of the DMD's FY 2018 Scope of Services. Staff Proposes a Fourth Amendment to the Project & Financing Plan in order to do the following: 0 Update language to indicate the Downtown Area Development Plan as complete. • Extend the Incentive Programs for an additional 3-year period. • Provide an updated Sources of Revenue table showing projected revenue of the TIRZ. • Provide funding for the implementation of the Parking Action Plan. • Identify changes to Other Programs & Initiatives undertaken by the Downtown Management District. This Fourth Amendment now comes to City Council for adoption by Ordinance. ALTERNATIVES: City Council may choose not to adopt the Fourth Amendment to the Project Plan. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms with the Tax Code and City Charter. EMERGENCY/ NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Finance, Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2018-2019 CIP only) Current Year Future Years TOTALS Beginning Fund Balance $3,627,054 $3,627,054 Proposed Revenue $1 ,409,018 $1 ,409,018 Proposed Expenditures $1 ,831,602 $118311602 DIFFERENCE $3,204,470 $3,204,470 Fund: Downtown TIF #3 RECOMMENDATION: Staff recommends approving the Project and Financing Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance—Third Amendment to TIRZ #3 Project & Financing Plan Fourth Amendment to TIRZ #3 Amended Project & Financing Plan (Track Changes Version) TIRZ #3 Board Resolution — Fourth Amendment to TIRZ #3 Amended Project & Financing Plan ORDINANCE APPROVING THE AMENDMENT TO THE TAX INCREMENT REINVESTMENT ZONE #3 AMENDED PROJECT & FINANCING PLAN APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER THREE, CORPUS CHRISTI, TEXAS. WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Three, Corpus Christi, Texas," over a portion of the city that includes the City's downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, on August 25, 2015, the City Council passed Ordinance 030592, which approved the "Tax Increment Reinvestment Zone#3 Amended Project& Financing Plan"; WHEREAS, the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan" was last amended by City Council on August 15, 2017; WHEREAS, on August 28, 2018, the Board of Directors of Reinvestment Zone Number Three passed a resolution approving a fourth amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan for the Reinvestment Zone Number Three, Corpus Christi, Texas, as amended and approved by the Board of Directors of Reinvestment Zone Number Three by resolution on August 28, 2018. A copy of the Plan is attached hereto and incorporated as "Exhibit A." 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 Everett Roy 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 Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi / Corpus Christi Downtown Management District Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan Introduction Tax Increment Financing is an economic development tool authorized by Chapter 311 of the Texas Tax Code, through which governments can designate a portion of tax increment to finance improvements to promote development of a defined area, called a "Reinvestment Zone."The defined area must meet one of the five criteria outlined in Chapter 311. In 2008, through Ordinance 027996, the City of Corpus Christi created Tax Increment Reinvestment Zone #3("TIRZ#3"or"the Zone"), over a portion of the city that includes the city's Downtown area.There have been three amendments to the ordinance; expansion of boundaries (April 2009), correction of termination date (March 2012) and correction of board composition (August 2014). A change in the economic climate immediately after the creation of TIRZ#3 hindered the performance of the fund and prevented any investment from occurring. Throughout this time, there has not been an update to the Preliminary Project & Financing Plan in the 2008 Ordinance.This document, the 2015 Amended Project&Financing Plan, is intended to replace the previous Project& Financing Plan and any future amendments will modify this version. This 2015 Amended Project& Financing Plan is based on research conducted for the Downtown Area Development Plan (DADP), r=uppeHtly 6iRdep.• ay completed. Upon completion of the DADP, there will be an amendment to refine aspects of the 2015 Amended Project& Financing Plan. TIRZ #3 consists of a Board of Directors and is supported by the City Manager's designee, currently the City's Business Liaison, and the Executive Director of the Corpus Christi Downtown Management District(DMD). Second Amendment(FY 2017)—To continue and enhance the Zone's efforts, this Amendment provides for programming and services from the DMD; refines some of the Incentive Programs; and provides the ability for TIRZ funds to be expended for public, cultural and/or historic properties within the Zone. Updates also include the commitment from Del Mar College's extended participation to the end of the Zone. Note:Schedule of Project Expenditures(Page 7) updated as Exhibit C—FY 2017 Project Plan Budget. Third Amendment(FY 2018)—this Amendment renames the (5) Site Assembly& Development category to(5)Site Management&Development and discusses a pilot vacant building program in the Reinvestment Zone. Additionally, both (6) Parking Management and (7) Traffic Pattern and Streetscapes expand to authorize funding for implementation. (8) Other Programs and Initiatives expands to include Cultural District Plan, upon Board's approval of the DMD's FY 2018 Scope of Services. Note:Schedule of Project Expenditures updated as Exhibit C—FY 2018 Project Plan Budget. Fourth Amendment (FY 2019)—this Amendment extends the four Incentive Programs for an additional 3-year period and includes the new FY 2019 Budget as Exhibit C. It also provides an updated Sources of Revenue table showing the projected revenue of the TIRZ over time. 11 Page City of Corpus Christi / Corpus Christi Downtown Management District Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ#3 qualified for designation as a"Reinvestment Zone" because it suffered from "economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment." Conditions listed that met the Criteria of Chapter 311, Section 005 included: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to Chapter 311,these conditions must"substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." Conditions in 2008 met these requirements, as indicated by the Market and Economic Study undertaken at that time. While our community has benefitted from a boost in economic activity since 2008, the Downtown did not see the same level of development. This solidifies the 2008 position that conditions would not be overcome or corrected without significant intervention and assistance from the public sector. A Consistent Vision for Downtown For decades, efforts had been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ #3, but a change in environment prevented immediate implementation. Other efforts have included: 2004—Bayfront Master Plan 2006—Downtown Redevelopment Report 2013—Central Business Development Plan 2014—RUDAT 2015—Downtown Area Development Plan{ e } The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan, which is currently in draft form. "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." Anticipated Zone Role in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. It stated that the "current structure of Corpus Christi's economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown."The 2014 Analysis 21 Page City of Corpus Christi / Corpus Christi Downtown Management District of Residential Market Potential repeated those themes,with extra emphasis on residential development and introduction of the concept of gap financing.Additionally,the 2015 environment has the new dynamic of regional investment valued at tens of billions of dollars. The primary functions of TIRZ#3 will be • To Support Private Sector Development & Investment • To Plan &Construct Public Improvements • To Provide Revitalization Focused Programs &Services The Zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. By improving and enhancing streets, sidewalks, and public spaces, plus upgrading utilities, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) The Zone includes approximately 856 acres wholly within the City of Corpus Christi. Its boundaries encompass nearly all of the Downtown area. Avery o wide variety of land uses are present within the TIRZ. The boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions ` within the Zone are described generally below. A legal description of the Zone with a specific accounting for the proposed boundaries is given in Exhibit B. In the 2015 DADP, the identities of neighborhoods in the Downtown were emphasized as way to build unifying identities and create distinct experiences. Each of those regions is described generally below. I , SEA District - A large area of publicly owned cultural and entertainment facilities comprises the north end of the zone. These facilities include: • Port of Corpus Christi's Ortiz Center • Harbor • Corpus Christi Museum of Science& History Playhouse • Art Museum of South Texas • Brewster • Whataburger Field Street Icehouse • American Bank Convention Center&Arena • Heritage Park—Restored Historic Homes, now used as Non-Profit Offices or Cultural Museums. Moving south, the next few blocks vary between vacant, undeveloped land and low density residential, bordered to the west by Port facilities and storage space, southeast by the Port of Corpus Christi Offices and the Federal Courthouse. The southern portion of the SEA District also includes two restaurants, a vacant hotel, U-Haul, Fire Station #1 and the historic Nueces County Courthouse. IH 37 is the physical southern border of this area, with the transition from a highway to on and off ramps coming to surface grade. Uptown —South of IH 37, a natural bluff distinguishes the high-rise, office building core of the Uptown. Broadway marks a topo-graphical change as the edge of a bluff, and the higher elevation area to the west 31 Page City of Corpus Christi / Corpus Christi Downtown Management District of the street north of Lipan Street is characterized mainly by professional office uses, some in high-rise towers. TIRZ#3 picks up two blocks of Uptown,with Tancahua as the west border. Of Downtown's office properties, only the Frost Bank building is one of two Class "A" properties. Overall occupancy for the Downtown office market is around 80 percent. Outside of the Zone, Uptown continues to include major government anchors, including Corpus Christi Independent School District Offices, Nueces County Courthouse, a Regional Transportation Authority Service Center and Corpus Christi City Hall. Marina Arts District (Downtown Management District) — The area east of Broadway is lower in elevation and features a walkable pedestrian grid with a mix of land uses, including hotels, office, residential and retail. The boundary of this neighborhood is based on the petition of property owners that created the Downtown Management District in 1993.This area is the historic center of Corpus Christi, but many of the original buildings have been demolished, due to neglect or natural disasters. The last large wave of construction occurred in the 1980's. The most recent large scale private investment is currently under construction, a $27 million residential property with ground floor retail, the Cosmopolitan.The area is interspersed with surface parking lots and vacant, blighted property. In several places, public spaces and sidewalks are in deteriorated condition. Another unique feature of this neighborhood is the Corpus Christi Municipal Marina,spanning three man- made T-heads along the Bayfront.The Marina is comprised of over 600 slips, several restaurants and the Corpus Christi Yacht Club, the third oldest yacht club in the Gulf Coast. Bayshore Park Neighborhood —At Kinney Street, the Zone gets divided by a redundancy of roadways and a few vacant parcels. This portion of the Zone includes the YMCA,a Greek Orthodox Church, Episcopal Church, Methodist Church and several parks.Additionally,there is a mix of early 20th century single family homes and multi-family residential developments.The multi-family developments are truly a diverse mix, including high rise and mid-rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use.This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. A potentially defining feature of this neighborhood is the 34 acres of park land for which the City is currently undergoing a Design-Build process to complete a Bond 2008 project that relocated traffic lanes to unite a patchwork of public space. The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital complex. Christus Spohn Shoreline is just outside TIRZ#3 Boundaries, but the system is planning a $325 million investment in the community in the coming years. Municipal Ordinances §311.011 (b) (2) The City may modify existing ordinances in order to make the area in and around TIRZ#3 more friendly to the types of residential and recreational activity desired. Some other policies that will be updated include building design, setbacks and streetscape requirements, in order to establish a built environment that supports the downtown character. 41 Page City of Corpus Christi / Corpus Christi Downtown Management District City Planned Improvements (Non Project Costs) §311.011 (b) (3) The City of Corpus Christi has over $29 million in improvement projects currently funded and in some stage of planning or construction, independent from this TIRZ #3 Project Plan. The City will continue to use Bonds packages a major source of public improvement funding. Project Source Timeframe Cost Shoreline Realignment Bond 2008 Ongoing $13,000,000 SEA District Improvements Bond 2012 2015-2016 $500,000 Chaparral St. Phase II Bond 2014 2015-2016 $9,000,000 Water Street Improvements Bond 2014 2015-2016 $5,000,000 Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Wayfinding Program HOT Funds 2015 $200,000 Total $29,200,000 Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ #3 is anticipated to participate in projects that support the development and economic activity projected in the DADP, especially when cost of development creates a gap due to utility or infrastructure conditions. The initial focus is on residential and mixed-use development. 1. Chaparral Street Property Improvement Grant Program —This three-year matching grant program will support and encourage private investment in the built environment along Chaparral Street for active businesses. Due to its "Main Street" characteristics and its function of connecting the Marina Arts District (Downtown Management District Boundary) and SEA District, Chaparral Street is a first phase priority for successful revitalization of the Zone. During FY 2016-244.3 2021, TIRZ#3 will make $200,000 available per year to match approved property improvements funded by the property owners.The Zone will consider from a 50/50, up to 30/70 match, depending on how the scope of the project meets the priorities of the Zone.Applications will be accepted until the allocation is exhausted for each fiscal year. 2. New Tenant Commercial Finish-Out Grant Program— In order to support mixed-use developments and the demand for more dining and entertainment venues in the Downtown,the Zone will reimburse approved leasable new tenant finish-outs at a maximum rate of$10 per square foot. First-floor,active street use projects will be a priority consideration. During FY 2016- :201S 20211 $100,000 will be allocated annually. Qualified expenses include: floor and wall upgrades, HVAC, kitchen equipment, awnings and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Applications will be accepted until the allocation is exhausted for each fiscal year. 51 Page City of Corpus Christi / Corpus Christi Downtown Management District 3. Downtown Living Initiative—The Residential Demand Study conducted forth e DAD stated that over the next 5 years, 1,850 new units could be absorbed in the greater downtown if the threshold made investment attractive. Apartment occupancy was 94.2% in the first Quarter of 2015 (industry considers 96% to be full occupancy). In order to stimulate development, for FY 2016-2419 2021, the Zone will provide a $10,000 per unit reimbursement grant for multi-family developments of over 10 units that meet the required design criteria. Applications will be accepted until the allocation is exhausted for each fiscal year, and allocations may be split between years and committed in advance. 4. Project Specific Development Agreement— In situations where higher development costs create a financing gap, TIRZ #3 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment. A pro-forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years if a development is 5,000 sq. ft or creating 25 or more new residential units. If further gap exists, staff will undertake additional third party review to justify any additional reimbursement, based on the"but,for" principle.The qualifying cost elements for this Program include: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvements/Utilities Further, Residential Developments over 100 Units may be considered as an individual cost element. 5. Site Management&Development—In FY 2017 and 2018,TIRZ#3 will develop a program to facilitate activation of vacant properties within the Zone and propose to City Council adoption of a downtown vacant building ordinance. The program will establish minimum requirements for vacant properties and designate registered properties as eligible for incentives or emergency funding. Funding will be allocated to establish and administer the program. In order to activate strategically located properties, TIRZ#3 may place properties under option and work towards developing proposals for development, then assist in acquisition and development of the properties. Additionally, the Zone may purchase properties outright for redevelopment and dispose of properties, if approved by the Board. Under this initiative, funding may also be expended for stabilization or redevelopment of public, cultural and/or historic properties. 6. Parking Study & Development— In key locations where parking is undersupplied or inadequately distributed, the Zone can assist in providing public parking facilities such as on-street spaces or off- street lots and structures. TIRZ #3 will conduct a study in FY 2016 in order to develop a strategic approach for parking in the Downtown and fund implementation steps. Addy,The Zone may support any efforts City may undertake for appropriate parking management infrastructure such as meters, lot improvements, structured garages and occupancy monitoring systems. 61 Page City of Corpus Christi / Corpus Christi Downtown Management District 7. Traffic Pattern Study & Streetscapes—TIRZ#3 may contribute to studies for traffic movement and improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etc.) The Zone will contribute up to $150,000 for a traffic pattern study as the first phase of this initiative. Additionally, pedestrian accommodations and streetscapes will be a priority. Funds may also be expended on implementation of infrastructure improvements, as budgeted. 8. Other Programs & Initiatives — TIRZ #3 will develop other programs and initiatives that will be presented to the Board for approval, during the life of the Zone. 'T,rPY 2Q4r Each year, the following initiatives are being added: • FY 2017 - Downtown Management District Bike Share Initiative • FY 2017 - Downtown Management District Expanded Scope of Services • FY 2018 — Downtown Management District — Cultural District Plan, TIRZ #3 Incentive Programs, registration process for downtown vacant building program, Streetscape Safety & Right of Way Improvement Program and Off-Street Parking Improvement Program. • FY 2019- Unified brand implementation and expanding organizational and operational capacity. 9. Management & Professional Services- Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services,consulting services, document production and maintenance, and other administrative costs. These costs were originally estimated at$50,000 per year for the 20-year life of the Zone, but to date the only dollars expended have been for state reporting requirements. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. Economic Feasibility Study §311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ#3 was completed by CDS Market Research I Spillette. In 2014 and 2015, Goody Clancy completed additional studies that reflect the more recent environment, and emphasize the importance of residential development in any revitalization. Those studies include: • Residential Market Potential (Zimmerman/Volk)—final • Retail Market Analysis&Strategy(Mike Berne)—draft • Hotel,Office, Retail (W-ZHA, Sarah Woodworth)—draft • Incentives& Development Economics (W-ZHA, Sarah Woodworth)—draft Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non-bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. 71 Page City of Corpus Christi / Corpus Christi Downtown Management District Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects,opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach. The following table summarizes proposed planned expenditures for TIRZ#3 until FY 2019. Another set of programs will be proposed in FY 2018, based on an assessment of needs at that time. Schedule of Project Expenditures FY FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 Year 2015 2016 2017 2018 2019 Beg. Bal $1,563,751 $2,333,342 $1,730,387 $1,540,935 $1,631,307 +New Increment' 794,591 997,045 1,160,548 1,440,372 1,615,149 1 Chaparral Street Grant Programz 200,000 200,000 200,000 2 New Tenant Commercial Fin h 011t 100000 100000 100,000 Grant Programz See Exhibit C for FY 2017 3 Downtown Living Initiative 00,000 4 Project Specific Developmen TBD TBD Agreement3 Update of Project Budget 5 Site Assembly& Developme 6 Parking Study& Developme 7 Traffic Pattern Analysis& 150,000 Streetscapes 8 Other Programs&Initiative 9 Management& Professional Services 25,000 50,000 50,000 50,000 50,000 Expenditure Totals 25,000 1,600,000 1,350,0001,350,000 50,000 TIRZ Ending Balance 2,333,342 1,730,387 1,540,935 1,631,307 3,196,456 Notes: 1 Increment Projection developed by CCREDC,will be monitored closely to ensure program allocations 2 Program allocations will be authorized each Fiscal Year. 3 Incentive available will be based on the amount of investment and increment generated by private sector. Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ#3 will initiallytake a primarily pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Developer cash reimbursement agreements where the revenues from the Zone's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. • If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of Revenue. The primary source of revenue for TIRZ #3 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within TIRZ #3. The City, 2..n# County, and Del Mar College have agreed to participate in funding TIRZ#3 with 100% of the incremental property taxes collected over the life of the 81 Page City of Corpus Christi / Corpus Christi Downtown Management District Zone. PPI PUr Call The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2PI5 2018 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: Sources of Revenue Year Increment Value Tax Revenue City County Del Mar City County Del Mar TOTAL FY 10 $8,655,793 $50,400 $ - $ - $ 50,400 FY 11 21,931,954 4,698,427 4,674,139 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,665 15,290,811 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,988,148 38,041,488 250,533 136,845 98,148 485,526 FY 14 57,920,528 52,767,539 51,604,697 338,988 179,932 1 129,355 648,275 FY 15 71,728,002 794,5-91 FY 16 90,003,549 See Below for FY 2019 Update 997,045 FY 17 104,763,037 1,160,548 FY 18 130,022,872 of Sources of Revenue 1,440,372 FY 19 145,800,015 1,615,14-9 FY 20 173,112,004 1,917,707 FY 21 189,976,968 173,075,373 169,261,300 1,111,867 572,776 419,8-92 Z104,534 FY 22 207,413,655 188,960,778 184,796,638 1,213,917 625,347 458,431 Z297,695 FY 23 225,441,446 205,384,699 200,858,623 1,319,428 679,700 498,276 Z497,404 FY 24 244,080,379 222,365,390 217,465,110 1,428,515 735,896 539,472 2,703,883 FY 25 263,351,172 239,921,727 234,634,557 1,541,300 793,997 582,065 Z917,362 FY 26 283,275,244 258,073,223 252,386,047 1,657,908 854,068 626,102 3,138,077 FY 27 303,874,743 276,840,056 270,739,314 1,778,469 916,174 671,631 3,366,275 FY 28 325,172,564 296,243,083 289,714,756 1,903,118 980,387 718,704 3,60Z 209 FY 29 347,192,382 316,303,874 309,333,466 2,031,992 1,046,776 767,373 3,846,141 $35,963,109 91 Page City of Corpus Christi / Corpus Christi Downtown Management District These estimates will continue to be monitored and adjusted annually. Sources of Revenue Year Increment Value Tax Revenue Fiscal Year City County Del Mar Total City County Del Mar TOTAL FY 10 8,938,611 - - 8,938,611 50,400 - - 50,400 FY 11 21,931,959 4,698,427 4,674,139 31,304,526 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,269 15,290,811 53,522,776 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,987,148 38,041,488 120,938,931 250,533 136,845 98,148 485,526 FY 14 56,814,718 51,751,996 50,602,120 159,168,834 332,516 176,474 126,842 635,832 FY 15 61,641,842 57,170,457 55,257,674 174,069,974 359,150 189,203 137,079 685,432 FY 16 73,819,407 81,480,890 80,084,765 235,385,063 447,540 254,977 198,669 901,186 FY 17 82,672,144 96,768,777 95,440,711 274,881,633 501,211 294,266 234,936 1,030,413 FY 18 90,723,843 94,622,680 98,178,819 283,525,342 550,026 287,740 241,676 1,079,442 FY 19 96,280,721 110,962,179 117,040,051 324,282,951 583,715 337,427 288,105 1,209,247 FY 20 105,165,951 111,267,007 123,927,631 340,360,589 637,583 338,354 305,059 1,280,996 FY 21 112,055,614 127,652,230 144,304,130 384,011,974 679,353 388,180 355,218 1,422,751 FY 22 121,974,293 130,414,841 155,674,539 408,063,674 739,486 396,581 383,207 1,519,274 FY 23 130,351,758 147,214,456 178,552,529 456,118,743 790,276 447,667 439,523 1,677,466 FY 24 141,527,057 152,497,010 194,956,096 488,980,162 858,028 463,731 479,902 1,801,661 FY 25 151,580,816 170,089,008 221,442,870 543,112,694 918,980 517,227 545,102 1,981,309 FY 26 164,264,179 178,010,361 243,673,527 585,948,067 995,875 541,315 599,824 2,137,014 FY 27 176,220,443 196,790,562 275,051,046 648,062,051 1,068,361 598,4241 677,0631 2,343,848 FY 28 190,697,246 207,528,945 304,184,757 702,410,948 1,156,129 631,0791 748,778 2,535,986 FY 29 204,825,030 227,919,904 341,971,692 774,716,626 1,241,780 693,0861 841,7941 2,776,6611 13old=Actuals $12,418,634 $ 6,763,292 $ 6,752,435 $25,934,361 Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District,the 2009 certified taxable appraised value for the Zone is$310,019,372. The table above projects taxable value increment captured by the Zone over the remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a -49 2.5; annual value appreciation rate for existing development, based on ^ eTactual by ee i.,;st ^FRay PeFFy, aR property value grows and do not take into account future investments. Duration of the Zone §311.011(c)(9) TIRZ#3 will exist until 2028, however, the Board, City and other taxing entities may agree to extend the Zone. 10 1 Page City of Corpus Christi / Corpus Christi Downtown Management District List of Exhibits Exhibit A TIRZ#3 Boundaries and Land Uses Exhibit B Legal Description Exhibit C FY 2017 Project Plan Budget FY 2018 Project Plan Budget FY 2019 Project Plan Budget 111 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit A— Boundaries & Land Use Tax Increment Finance District#3 U - ° •�� U= 4 ®D �- M �� ►o • TIRZ Boundary D • SEA District • Uptown • Marina Arts District(DMD) • Bayshore Park D 4 - re Legend City of m u T Corpus � � CS�risti •Prepared By M88 Tinting Oafe.Thursday.OGtberf9. Pmjact Souk®.Cr{y d C mus Chnslr-fJerelapmgnl$ermcbs?�� -_J 12Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit B - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi—Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi—Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50'feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line,being 50 feet on the East side and parallel with the breakwater,following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an"A-2"zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said"A-2"zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second"A-2"zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement,inside the Marina Del Sol Boat Harbor,for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3,Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3,Block 1 of Marina Del Sol Subdivision,540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue,to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street,passing Furman,Coleman,Park,Agnes,and Laredo Street,to a point in the centerline where South Tancahua becomes North Tancahua,and continuing along North Tancahua,passing Kinney, Blucher,Comanche,Lipan,Leopard,Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H.37,for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H.37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended,to its intersection with the north right-of- way line of West Broadway Street,for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1,Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1,Block 58 out of the Beach Addition,to its Southwest corner for a point; 131 Page City of Corpus Christi / Corpus Christi Downtown Management District Thence Northwest along the common,West boundary line of Lots 1 thru 6,Block 58,of the Beach Addition,to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue,for a point; Thence Southwest along the centerline of Port Avenue,to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi—Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10%or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 141 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit C Tax Increment Reinvestment Zone#3 Proposed Budget FY 2017 Year FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Budget Actual Budget Estimated Proposed Future Future Beg.Bal $ 1,563,751 $ 1,563,751 $ 2,297,833 $ 2,253,569 $ 2,930,612 $ 2,253,464 $ 1,508,279 +Increment Revenue $ 734,082 $ 691,162 $ 994,117 $ 865,843 $ 1,127,852 $ 1,409,815 $ 1,762,269 1 Chaparral St.Grant Program - 2New Tenant CommeaFinish Out GrantPro See Below for FY 2018 Update 3 Downtown Living Initiative - 4 Project Specific Development Agreement - 5 Site Assembly&Development of Project Budget 6 Parking Study&Development - 7 Traffic Pattern Analysis&Streetscapes 1,000,000 8 Other Programs&Initiatives ,,,t 420,000 9 Management&Professional Services 50,000 TOTAL EXPENDITURES $ - i$ 1,3441$ 1,600,000 $ 18818001$ 1,805,000 1$ 2,155,000 1$ 1,470,000 End Bal $ 2,297,833 $ 2,253,569 $ 1,691,950 $ 2,930,612 $ 2,253,464 $ 1,508,279 $ 1,800,548 NMBs, 1 Ending FY 2016 Increment is not final. 2 Other Programs&Initiatives are DMD Requests for funding in FY 17.Project Plan will need to be updated to reflect changes. Proposed Budget FY 2018: Year FY 2016 FY 2016 FY 2017 FY 2018 Budget Actual Budget Estimated Proposed Beg.Bal $ 2,297,833 $ 2,253,569 $ 2,953,576 $ 2,992,483 $ 3,388,432 +Increment Revenue $ 994,117 $ 914,191 $ 1,127,852 $ 1,070,317 $ 1,291,273 1 Chaparral St.Grant Program 00 2 1 New Tenant Commercial Finish Out E00 3 Downtown Living Initiative See Below for FY 2019 Update 00 4 Project Specific DevelopmentAgreerr 5 Site Management&Development 00 6 Parking Study&Development of Project Budeet 00 7 Traffic Pattern Analysis&Streetscap 00 8 Other Programs&Initiatives 1 00 9 Management&Professional Services $ 50,000 $ 4,801 $ 50,000 $ 9,368 1 $ 50,600 TOTAL EXPENDITURES $ 1,600,000 $ 175,277 $ 1,805,000 1$ 674,368 $ 2,220,000 End Bal $ 1,691,950 $ 2,992,483 $ 2,276,428 $ 3,388,432 1 $ 2,459,705 15 1 "gage City of Corpus Christi / Corpus Christi Downtown Management District Proposed Budget FY 2019: Year FY 2415 FY 2017 FY 2019 FY 2019 Actual Actual Budget Estimated Prof-d Beg.Bal $ 2,253,569 $ 2,992,483 $ 3,348,528 $ 3,625,061 $ 3,627,056 +IncrementRevenue $ 914,191 $ 1,036,413 $ 1,320,97.3 $ 1,154,516 $ 1,409,015 1 Chaparral Ste Grant Program $ 71,442 $ 100,000 $ 200,000 $ 200,440 $ 200,000 2 New Ten antCom mercialFinishGut GrantProgram $ - $ 15,000 $ 100,000 $ 68,220 $ 100,000 3 Downtown Living Initiative $ - $ - $ 725,000 $ 92,500 4 Project Specific Devel opment Agreement $ - $ - ^ - $ - 5 Site Management&Development $ - $ - $ 100,000 $ 40,000 $ 120,000 5ParkingStu dy&Development $ 98,534 $ 50,000 $ 150,000 $ 100,000 $ 200,000 7 Traffir Pattern Analysis&Streetsc apes " - $ 150,000 $ 500,000 $ 200,000 $ 350,000 78 Streetsc ape Safety&Right of Way Improvement Program $ 100,000 $ 200,000 8 Dther Programs&Initiatives $ - $ .350,[}00 $ 395,000 $ 410,000 $ 450,000 9 Management&Prafess i anaI Services $ 4,801 $ 9,368 $ 50,000 $ 35,301 $ 59,102 TOTAL EVENDITURES $ 175,277 $ 674,368 $ 2,220,000 $ 1,153,521 $ 1,831,602 End 5a. $ 2,992,493 $ 3,34S„52,9 1 $ 2,449,501 1 $ 1627,056 $ 3,204,472 16 1 "gage so GO Off' v ' OgPOPpZE 1852 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 9, 2018 Second Reading Ordinance for the City Council Meeting of October 16, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison, City Manager's Office arlenem@cctexas.com 361-826-3356 Approving the Amendment to the TIRZ #2 Project and Financing Plan CAPTION: Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas. PURPOSE: The purpose of this item is to amend the TIRZ #2 Project Plan and Financing Plan. BACKGROUND AND FINDINGS: On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a Tax Increment Financing District and associated Tax Increment Reinvestment Zone #2 covering portions of North Padre Island and Mustang Island. The dollars claimed by the Tax Increment Financing District were to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project carried out by the U.S. Corps of Engineers and now known as the Packery Channel. The TIRZ #2 is a reinvestment zone pursuant to Chapter 311 of the Texas Tax Code. All expenditures of the TIRZ #2 must be consistent with Chapter 311 and must be recommended by the Board. The TIRZ #2 was created by Ordinance 024270, which charges the Board with making recommendations to City Council concerning the administration and expenditures of the Zone and preparing and recommending the Plan. On December 19, 2017 the TIRZ #2 Board approved the following amendments, which were approved by City Council on February 20, 2018: 1 . Packery Channel Revetment repairs 2. Replacement of signs following Hurricane Harvey 3. Installation of ISAC recommended Mobi-Mats 4. Construction of a Pavilion at boat ramp parking lot 5. Pavilion like structures on north and south side of jetty On August 21, 2018 the TIRZ #2 Board approved the following amendments: 1. Adding a traffic improvement project per the recommendation of the Island Strategic Action Committee made on July 2, 2018. This project provides for a pedestrian crossing on Windward Drive at Saint Augustine Drive to facilitate access to and from Michael J. Ellis Beach. This expenditure will be made from the TIF #2 Capital Improvements Project fund. 2. A $50,000 expenditure for a feasibility study update for the renewal of the TIRZ #2. ALTERNATIVES: Deny project plan amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $1 ,207,333 $1 ,207,333 Encumbered / Expended Amount 0 0 This item 0 $82,000 $82,000 BALANCE $1 ,157,333 $1 ,157,333 Fund: Fund 3278 Packery Channel Projects TIF 2 Comments: NA RECOMMENDATION: Approve amendments to the Plan as approved by the TIRZ #2 Board on August 21 , 2018. LIST OF SUPPORTING DOCUMENTS: Ordinance —TIRZ#2 Project and Financing Plan TIRZ #2 Project & Financing Plan (August 2018 Update) Six Pack Projects Exhibits A through I ORDINANCE APPROVING THE AMENDMENTS TO THE TAX INCREMENT REINVESTMENT ZONE #2 AMENDED PROJECT & FINANCING PLANS APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CORPUS CHRISTI, TEXAS. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on February 20, 2018; WHEREAS, on August 21, 2018 the Board of Directors of Reinvestment Zone Number Two took action to approve amendments to the language of the Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the amendments to the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Two, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Two on August 21 , 2018. A copy of the Plan is attached hereto and incorporated as "Exhibit A." 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 Everett Roy 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 Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED, this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009; Amended 03/22/2011; 09/13/2011; 10/29/2013, July 22, 2014, February 28, 2017, August 22, 2017, December 19, 2017, and August 21, 2018) The Tax Increment Reinvestment Zone #2 Project Plan) (Plan) (last revised and/or amended on 2/28/17) is amended to update and revise the Plan this 21s' Day of August 2018 by adding the bold and underlined text as shown: REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ("Packery Channel project"). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established TIRZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ("NPIDC"). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri-Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the Packery Channel project was approximately$30 million. Packery Channel Project Plan Amendment Page 1 of 8 The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that"the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements, which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. A project consisting of the construction of two bridges on Park Road 22 is added in the February 28, 2017 amendment. A project consisting of the traffic improvements on Windward Drive at Saint Augustine Drive is added in the August 21, 2018 amendment. Additionally, as part of this amendment a project is added for a market and feasibility study for the renewal of TIRZ#2 beyond 2022. Under§311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ #2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ#2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ #2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ#2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ #2. Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. This exhibit has been updated to include the location of the Mobi- Mats and traffic improvements on Windward at Saint Augustine Drive. All of the specific projects are situated on public land and involve recreational use and activities. Due to damage caused by Hurricane Harvey, a Packery Channel revetment repair project is needed. Packery Channel Project Plan Amendment Page 2 of 8 Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would affect TIRZ #2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ #2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ("GLO"). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island Storm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. REINVESTMENT ZONE FINANCING PLAN Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Revised Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Plan Amendment Page 3 of 8 Packery Channel Project Area Improvements: Subject to the availability of the estimated funds in the TIRZ#2 tax increment fund and funding from the Federal Government as authorized by the Water Resources Development Act, construction of the improvements in the TIRZ#2 referendum voter information sheet and Phases 3 — 7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. The engineering cost estimate for the Phases 3 — 7 has been revised and is shown in Exhibit H, which also includes estimates and details regarding the Packery Channel revetment reimbursement project and the traffic improvements on Windward at Saint Augustine Drive. Additionally, an estimated $50,000 will be budgeted for the market and feasibility study for the renewal of the TIRZ #2 beyond 2022. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps and will be constructed with Phase 3 if approved. Yearly Miscellaneous Improvements required for support of Packery Channel, exclusive of the previously identified capital projects Phases 3 though 7, could include periodic surveys of channel conditions, shoreline, and jetty revetments, access to beach and sand redistribution are proposed to be budgeted on an annual basis pending the availability of funds. These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach. Operation of a marine patrol to reduce shoreline erosion along Packery Channel, specifically along the Mollie Beattie Preserve pending the availability of funds. Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. Costs for design, permitting and dredging of Packery Channel have been included in future years subject to need and pending the availability of funds. The Zone's annual budget will be adopted by the Zone's Board of Directors on an annual basis, based upon the City of Corpus Christi's fiscal year, and attached to this plan as Exhibit I. Improvements in other areas within TIRZ #2: A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ#2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including landscaping, utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. One improvement to the TIRZ #2 is the construction of two bridges on Park Road 22 between Commodores and Whitecap. The bridges will require up to$4,000,000 Packery Channel Project Plan Amendment Page 4 of 8 of TIRZ#2 funding and will allow for travel over canals that are to be built by a third party developer in the area. The funds for the Park Road 22 Bridge are to be held contingent on the completion of the canals and approval of the construction plans to proceed by the City and the City Council within 24 months after February 28, 2017. As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was completed by CDS Market Research I Spillette Consulting in September 2009. It is provided in a separate document. Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay-as-you-go basis, or utilize other financing methods. Under§311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under§311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue. TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ #2 revenue will not extend past the duration of TIRZ #2. The primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital District, Del Mar College, and the Farm to Market Road on the taxable property value increment within TIRZ #2. Based on existing interlocal agreements with each taxing jurisdiction listed above, it is currently projected that each of these entities will agree to participate in funding TIRZ #2 with 100% of the incremental property taxes collected over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and 0% thereafter. The assessed value base year Sources of Revenue' Nueces City of County Farm to Corpus Nueces Hospital Del Mar Jr. Market Tax Year Christi County District College Road Total Packery Channel Project Plan Amendment Page 5 of 8 2009 1,597,917 985,617 406,158 137,838 12,165 3,139,695 2010 1,273,417 786,419 324,072 - 9,709 2,393,616 2011 1,203,508 745,121 307,054 - 9,201 2,264,884 2012 1,372,033 849,855 350,213 - 10,494 2,582,595 2013 1,519,533 941,476 387,968 - 11,625 2,860,601 2014 1,645,468 1,019,647 420,181 - 12,590 3,097,886 2015 1,761,879 1,091,870 449,943 - 13,481 3,317,173 2016 2,162,313 1,340,366 552,345 - 16,549 4,071,572 2017 2,615,229 1,621,428 668,166 - 20,018 4,924,842 2018 3,127,882 1,939,557 799,263 - 23,945 5,890,647 2019 3,708,557 2,299,895 947,753 - 28,393 6,984,598 2020 4,366,726 2,708,317 1,116,057 - 33,435 8,224,535 2021 5,113,212 3,171,538 1,306,944 - 39,153 9,630,847 2022 5,960,390 3,697,237 1,523,577 - 45,642 11,226,846 Total 37,428,065 23,198,342 9,559,692 137,838 286,400 70,610,338 Assumes 95%tax collection rate. for all participating taxing entities is 2000. Based upon 2008 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to TIRZ#2 is as follows: These revenue projections assume a 95% tax collection rate for all three taxing jurisdictions. According to these projections, 53.0% of the tax increment revenues will come from the City, 32.9% will come from the County, 13.5% will come from the County Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the Farm to Market Road. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ#2 during the years of its existence. The table Packery Channel Project Plan Amendment Page 6 of 8 on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore,there is a table shown for each entity. Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ #2. The zone has thirteep four tax years remaining and will expire after 2022. Packery Channel Project Plan Amendment Page 7 of 8 Estimated Captured Appraised Value PROJECTED ASSESSED VALUE Tax City of Corpus Nueces County Del Mar Jr. Farm to Market Year Christi Nueces County Hospital District College Road 2009 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax City of Corpus Nueces County Del Mar Jr. Farm to Market Year Christi Nueces County Hospital District College Road 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 Packery Channel Project Plan Amendment Page 8 of 8 LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ #2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (Rev'd 10/22/2013; updated August 21, 2018) Exhibit G "Six Pack" engineering drawings Exhibit H Projects with Funds from Tax Increment Reinvestment Zone #2 City of Corpus Christi (August 21, 2018) Exhibit I Fiscal Year 2019 Reinvestment Zone #2 Budget 2009 TIRZ #2 Economic Feasibility Study by CDS Market Research Spillete Consulting Packery Channel Project Plan Amendment PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE#2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9,2018 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement,parking lot,two concrete 447 Completed driveways, minor water and wastewater improvements, landscaping improvements, $640, March 2006 Iliqhtinq improvements,and concrete pedestrian ramp. Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot,Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly Completed constructed 300-space parking area including the construction of new planting islands $145,461 March 2008 with mexican fan palms,sea grape trees decorative rock and irrigation. 3 Packery Channel Boat Ramp Parking Lot/Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel $1,053,176 total Boat Ramp; construction of an access road and related signage and pavement project cost. Completed markings, and the installation of 1,000 square yards concrete reinforced pavement $549,216 from July 2009 adjacent to boat ramp,concrete bollards; minor drainage improvements;3,500 linear TIRZ#2 feet of electrical conduits;and minor landscaping. 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to Completed prevent erosion and allow for discharge of water from the dredging operations to $431,377 discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at April 2010 the boat ramp to enhance shoreline protection. 5 IPackery Channel South Parking Lot Restroom(Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the Completed beach seawall on Windward Drive. The project included separate men and women facilities to $460,743 July 2010 with showers toilets changing stations outdoor seatingarea and native landscaping. 6 Packery Channel Parking Lot and Overlooks(Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures,parking lot,access road,pedestrian walkways,storm water 869224 Completed structures lighted bollards with electrical receptacles, lighting, landscaping, concrete benches $2' ' March 2012 and repairs to shoreline structures. 7 Packery Channel Aids to Navigation/Signage This project consisted of lighting improvements to Packery Channel as required for safety and Completed security along with signage to mark no wake zones.Per ISAC,additional funds needed to Revised 2/20/18 $64,500 December 2012, replace signs following Hurricane Harvey. $65,000 needs replacing 8 Packery Channel Restroom Facilities(Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot. The project also includes turn-around and connector to Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2-inch force main(approximately 2,500 linear feet long) Estimated is also being planned. Priority Item. P&R recommends self contained, solar powered mobile Revised 2/13/2018 units to be placed at Packery Channel Parking Lot,end of Zahn Road and on South side of PC $412,000 $263,618 completion: (at a location yet to be determined) Build and Install portable restroom shelters to hold Spring 2019 portable restroom units at various locations. Build and Install Portable Shower units on the North and South side of Packery Channel. Board approval of 4 portable restroom facilities at $65,000 each plus 20%contingency and shower facilities at$100,000 total. page 1 of 3 9/18/2018 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE#2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9,2018 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 9 Packery Channel Ramps to Jetties(Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom, lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel Revised 2/20/18 Estimated to provide access from the beach to the restrooms,lookouts and parking lots. This project was $35000 $8,979 completion: , designed as part of the Phase 2 project for parking and overlooks. Priority ITem: P&R January 2019 recommends a new design for structures since the GLO will not approve construction of parking lots on the beach.For Mobi-Mats per ISAC recommendation. 10 Packery Channel Dredging and Beach Nourishment The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment Last Completed along the Gulf shoreline to the south of Packery Channel,and 15,000 cubic yards of sand from $1,820,843 March 2012 the north to south end of the N.Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. 11 Packery Channel Pavilion(Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for Estimated visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon Revised 2/20/18 completion:Fall available funding. P&R recommends further discussion on this item to determine if another $250,000 amenity would better suit the area. ISAC recommends Pavillion staged at the boat ramp 2019 parking lot as well as pavillion like structure on north and south side of the jetty. 12 Packery Channel Administration/Maintenance Building(Phase 6) This project includes a 30'x 60'maintenance building,a 20'x 20'administration building and a Moving Forward 100'x 1,000'parking lot near the entrance to the Packery Channel Lookout Areas just south of $0 with Nueces Zahn Road. Priority Item: P&R recommends facility be located on south side of channel to County reduce travel time for equipment and safety. Negotiations 13 Packery Channel ADA Parking Lot Improvements at Jetty Ramps(Phase 7) This project includes parking lots on the beach along the north side and the south side of the channel. Development of this project will be pending USACE and TGLO approval and MOVED TO ITEM authorization. Project initiation schedule pending availability of funds and completion of #9 previous phases. GLO will not allow this to be built. P&R recommends reprogramming the funds. 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City $1,761,446 Annual assumed monitoring in 2008. The program includes the collection of bathymetric data in (Lifetime agreement. Packery Channel and the surrounding nearshore,measurement of elevation along the adjacent Expenses to Pending scope as beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland Date) of August 2018. channel segment. 15 Packery Channel Revetment Repair Storm surge,strong currents,and waves from Hurricane Harvey caused damage to the slope protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 bridge and the Gulf of Mexico.Repair concepts will be developed for two alternatives,one to return the project to its approximate pre-storm conditions,and another to upgrade the project Added 2/13/18 Design Started as to an improved condition that is more resilient to future storm impacts.The City will procure a $600,000 of August 2018 design consultant through the RFQ process,and the selected firm will prepare the construction plans. Post design,construction will be procured. page 2 of 3 9/18/2018 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE#2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9,2018 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 16 Park Road 22 Bridge On February 21,2017,the TIRZ#2 board met and approved the amendment of using funds Added 2/20/2018 from TIRZ#2 to support the construction of two one-way bridges spanning Park Road 22.City $4,000,000 Council approved this amendment on February 20,2018. 17 Beach Crosswalk at St.Augustine&Windward Dr. Per request of the Island Strategic Action Committee:Traffic improvement on Windward Drive at Saint Augustine Drive,for pedestrian crossing on Windward Drive to facilitate access to and from Michael J.Ellis Beach.Scope of work includes:crosswalk,access ramps,traffic signs, $32,000 and pavement markings.Estimated costs are$23,000 for the crossing and associated traffic improvements:$9.000 for solar powered flashing LED crossing signs. page 3 of 3 9/18/2018 ORDINANCE NO. AN ORDINANCE APPROVING A FINAL PROJECT AND FINANCING PLAN FOR THE "REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI,TEXAS";APPROVING THE SALE OF BONDS BY NORTH PADRE ISLAND DEVELOPMENT CORPORATION IN FURTHERANCE OF THE FINAL PROJECT AND FINANCING PLAN; AND OTHER MATTERS RELATING THERETO. WHEREAS, on November 14, 2000, the City Council of the City adopted Ordinance No. 024270(the"Creation Ordinance"),approving the creation of a tax increment reinvestment zone in the City known as"Reinvestment Zone Number Two,City of Corpus Christi,Texas"("TIRZ Two"); and WHEREAS,in connection with the adoption of the Creation Ordinance and the establishment of TIRZ Two,the City prepared a preliminary reinvestment zone financing plan,and presented the preliminary reinvestment zone financing plan to the governing body of each taxing unit that levies taxes on real property in the proposed reinvestment zone; and WHEREAS, in compliance with the provisions of Chapter 311, Texas Tax Code(the "Act"), a project plan and reinvestment zone financing plan has been prepared and approved by the Board of Directors of TIRZ Two,which project plan and reinvestment zone financing plan so approved is attached to this Ordinance as Exhibit"A"(the"Plan");and WHEREAS, in compliance with the Act, the City Council finds it necessary and desirable to approve the Plan submitted with this Ordinance;and WHEREAS,by Resolution No. 025040, adopted on October 8, 2002,the City authorized the creation of the North Padre Island Development Corporation(the"Corporation")to aid,assist and act on behalf of the City in the performance of the City's governmental and proprietary functions with respect to the common good and general welfare of the City,as described in the Creation Ordinance; and WHEREAS,on February 25, 2003 theCorporation adopted a resolution authorizing the issuance and delivery of up to$3,000,000 in Tax Increment Contract Revenue Bonds,Series 2003(the"Bonds"), for the purpose of funding a portion of the"project costs" as are set forth in the Plan; and WHEREAS, the Corporation and the Board of Directors of TIRZ Two have approved the execution and delivery of that certain Agreement by and among the City,TIRZ Two,and the Corporation dated as of February 1, 2003 (the "Tri-Party Agreement"), pursuant to which the Corporation was delegated certain power and authority in connection with the implementation of the Plan on behalf of TIRZ Two,including,but not limited to,the power to issue, sell or deliver its bonds,notes or other obligations in accordance with the terms of the Tri-Party Agreement; and WHEREAS,the City Council finds it necessary and advisable to adopt this Ordinance to approve the Plan,as required by the Act,to approve the Tri-Party Agreement,and the approve the resolution of the Corporation that authorized the issuance and delivery of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1:That the facts and recitations contained in the preamble of this Ordinance are hereby H found and declared to be true and correct. SECTION 2:That the City Council hereby approves the project plan and the reinvestment zone financing plan attached to this Ordinance as Exhibit"A",as required by Section 311.011 of the Act. SECTION 3:That the City Council does hereby find and declare that the project and financing plan submitted to the City Council for approval, and hereby approved by the adoption of this Ordinance, is feasible for the development of TIRZ Two and conform to the master plan of the City. 2 SECTION 4: That the City hereby approves the Resolution adopted by the Corporation, in substantially the form and substance as attached hereto as Exhibit"B",and all documents attached to the Resolution including,without limitation,the Tri-Party Agreement. The Mayor and the City Secretary are hereby authorized to execute,attest, seal and deliver the Tri-Party Agreement on behalf of the City. The issuance of Bonds in an amount not to exceed$3,000,000 for the purposes described in the Resolution is hereby approved. SECTION 5.That if any section,paragraph,clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable,the invalidity or unenforceability of such section,paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6-. This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 1201.028,Texas Government Code. SIGNED AND SEALED THIS 25TH DAY OF FEBRUARY,2003. Mayor, City of Corpus Christi,Texas __ __-- (SEAL) City Secretary APPROVED AS TO FORM: /4:�2;�-' 7 Actin Ci A"]o 3 THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI I,the undersigned,City Secretary of the City of Corpus Christi,Texas,do hereby certify that the above and foregoing is a true,full and correct copy of an Ordinance passed by the City Council ofthe City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of February, 2003, approving the project and financing plan for Reinvestment Zone Number Two, City of Corpus Christi, Texas, and other matters related thereto, which ordinance is duly of record in the minutes of said City Council,and said meeting was open to the public,and public notice ofthe time,place and purpose of said meeting was given,all as required by Texas Government Code,Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City,this the 25th day of February,2003. City Secretary,City of Corpus Christi,Texas (SEAL) 4 Corpus Christi, Texas Day of , 2CO3 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Nea , Jr., Mayor City of Corpus Chris i Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garretts _ Bill Kelly Rex A. Kinnison0 John Longoria Jesse Noyola Mark Scott )2J 15 Reinvestment Zone Number Two City of Corpus Christi,, Texas Project Plan and Reinvestment Zone Financing Plan February 25, 2003 Reinvestment Zone Number Two, City of Corpus Christi, Texas February 25, 2003 Project Plan and Reinvestment Zone Financing Plan Introduction to The Project and Finance Plan General Background As required under the Tax Increment Financing Act,Chapter 311,Texas Tax Code(the"TIF Act's,the Board of Directors(the"Zone Board')of Reinvestment Zone Number Two,City of Corpus Christi,Texas(the"Zone"), has prepared this Project Plan and Reinvestment Zone Financing Plan(the"Plan"}. The City Council ofthe City of Corpus Christi, Texas (the "City) and the Zone Board must both adopt this Plan. The Plan includes information concerning proposed land uses and development, estimated project and non-project costs and administrative expenses,engineering studies, proposed financing and economic feasibility data, and property appraisal data. The Plan includes financing of the Zone's portion of the North Padre Island Storm Damage Reduction and Environmental Restoration Project (the"Project'). This Plan sets out the details of the tax and economic benefits derived from development of the Project Site, the scope of the Project, and the financing strategy for funding of Project costs through the issuance of bonds. Complete copies of the Plan, including a report attached to this Plan, as Exhibit A,entitled"Forecast of Potential TIF Revenue Flows on North Padre Island",prepared by Economics Research Associates("ERA'),which constitutes the economic feasibility study required by the TIF Act, are available from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi,Texas 78401,Attention. City Secretary. North Padre Island Storm Damage Reduction and Environmental Restoration Project The Project is a project of the U.S.Army Corps of Engineers(the"Corps')to dredge and channelize a reopened waterway("Packery Channel")between the Laguna Madre Intracoastal Waterway and the Gulf of Mexico. In addition to the Packery Channel, the Project includes construction by the Corps of two 1,400 foot jetties paralleling the Packery Channel. Of the total $30,000,000 projected cost of the Project, the City as Project sponsor has agreed to pay $10.5 million. The remaining Project costs are to be paid by the United States Government. The City has created the Zone for the purpose of raising funds needed to provide the Zone Project costs through the issuance of bonds by the North Padre Island Development Corporation(the"Issuce),a not-for- profit local government corporation.It was established by the City under the provisions of Chapter 431,Texas Transportation Code,and the general laws of the State of Texas to aid,assist,and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. The Corps was directed by the Congress of the United States("Congress')to carry out a project for ecosystem restoration and storm damage reduction at North Padre Island.The Project will extend the existing approximately 2.6 miles portion of the Packery Channel an additional 0.9 mile. The Project is described in the Environmental Impact Statement(EIS), as are the benefits and impacts to be expected from the Project. Erosion of the beach in front of the seawall just south of the boundary between Mustang and North Padre Islands is causing a loss of recreational beach. Dredging Packery Channel would provide sand for nourishment of the beach,and an enlarged beach would reduce potential future storm damage.A Project Study Plan,prepared by the Corps in 1999,examined three alternative sites,including Packery Channel. Three different channel widths under three different salinity regimes were also examined to determine the environmental benefits of an opening between the Laguna Madre and the Gulf of Mexico. The environmental 1 benefits of all alternatives were essentially negligible. The final EIS will be available upon publication by the Corps from the City of Corpus Christi,Texas, 1201 Leopard Street,Corpus Christi,Texas 78401,Attention: City Secretary. The Project is a project for ecosystem restoration and storm damage reduction consisting of a jettied entrance channel,main channel dredged to a required depth of 14 feet and a bottom width of 116 feet up to the Texas Highway 361 bridge, scour protection for the existing bridge, concrete bulkheads on both sides of the main channel creating three placement areas to create shallow water habitat,continuing with a smaller channel along the existing alignment of Packery Channel from the highway bridge to the Gulf Intracoastal Waterway,dredged to a required depth of 7 feet and bottom width of 80 feet,installation of a 30 inch 14DDPE pipe for a sand bypass system,beach nourishment on the beach south of the channel and miscellaneous utility removals and relocations. The Project consists of dredging a 134-foot wide channel to connect the existing Packery Channel to the Gulf of Mexico to a 12-foot deep authorized depth(inquiring an initial dredge depth to-14 feet)and dredging the existing channel to a depth of-7 feet(mean sea level)and a width of 80-feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet(3.5 miles). Approximately 801,200 cubic yards(cy)of material will be dredged during construction,most of which(646,000 cy)will be placed on the beach south of the proposed jetties placement area(PA4S)for storm damage reduction in front of the existing concrete seawall. Sandy maintenance material from the channel east of the SH 361 bridge will be used for beach nourishment,and a sand bypass system will be designed to move accumulated sand from longshore drift to the downdrift side of the jetties.Approximately 15,000 cy of estimated maintenance dredging every five years will be placed in an upland site. The Project is to be constructed by the Corps under a proposed Project Cooperation Agreement between The Department of the Army and the City (the"Project Contract"). The Project Contract has not been approved by either the Corps or the City,but the City expects execution of the Project Contract by both parties by Spring 2003. The Plan calls for the remainder of the approximately$19.5 million needed to complete the Project to be funded by the United States Government under the Project Contract. As of February 25,2003,Congress has appropriated$4.0 million for Project construction,but is under no obligation to appropriate the remainder of its share of Project costs. Once the initial Project is completed,the City will incur costs of maintenance dredging of Packery Channel,as described above. It is anticipated that upon completion of the initial Project,the estimated maintenance dredging will commence in 2008, and the estimated cost of such maintenance dredging in that year will approximate $350,000. The costs of the maintenance dredging are intended to be paid by the Zone,either from tax increment collections,proceeds from bonds,a combination of those two sources,or other moneys made available to the City or the Zone for such purpose. Secondary development within the Zone that includes public improvements is being proposed by the City as local sponsor. Secondary development includes proposed park amenities that encompass approximately 14.2 acres providing access to Packery Channel, the beach, and the jetties; passenger and recreational vehicle parking; walkways;restrooms;and vendor facilities. The location of two potential City park areas is proposed along the area nearest the Gulf of Mexico reach of Packery Channel. The Project,the maintenance dredging of the Packery Channel,and the public improvements associated withthe proposed secondary development are found to be"Project Costs"as such term is defined in the TIF Act. The Project Contract The Project is to be constructed by the Corps under the Project Contract. The Project Contract has not been approved by either the Corps or the City,but the City expects execution of the Contract by both parties by Spring 2003.Under the Project Contract,the Corps,subject to receiving fiords appropriated by Congress and using the 2 funds expected to be provided by the City through the Issuer,would agree to expeditiously construct the Project. The Project Contract recognizes that Congressional appropriations to date are less than the amount of federal funds required for completion of the Project, and that in the event insufficient funds are appropriated for the federal government's share of Project costs,then Project construction will be suspended or the Project Contract terminated. The federal government expressly makes no commitment to seek additional federal funds for the Project. The City would agree to contribute 35% of the total Project costs, at least five percent of which must be contributed in cash with the remainder being the appraised value of cash or lands,easements,rights-of-way,and suitable burrow and dredged or excavated material disposal areas. The City must deposit its share of projected financial obligations for construction through the first fiscal year of construction within 45 days of notice from the Corps. For each subsequent year,the deposit must be made no later than 60 days prior to the beginning of the fiscal year. The Project Contract obligates the City to operate,maintain,repair,replace,and rehabilitate the entire Project at no cast to the federal government. The City is seeking transfer of a portion of the maintenance cost to the Corps, but at this time no provision has been made for payment of ongoing maintenance costs. Funding of a maintenance reserve from proceeds of an additional series of Tax Increment Contract Revenue Bonds is contemplated by this Pian,but there is no assurance that a maintenance reserve will be funded,nor is there any guarantee that if funded the maintenance reserve would be adequate to pay costs of ongoing maintenance dredging. Reinvestment Zone Number Two, City of Corpus Christi, Texas The Zone was created by the City pursuant to the TIF Act to facilitate development of the land within the boundaries of the Zone,a 1,947.01-acre parcel located entirely within the City and the County. The Zane became effective on November 14,2000,and will terminate on December 31,2022,or at an earlier time designated by subsequent ordinance of the City,or at such earlier time that all Zone Project Costs,tax increment bonds,and the interest on all tax increment bonds,have been paid in full(the duration of the Zane).The Zone is located on Padre Island,and intersected by State Highway 361 and Park Road 22 leading from the John F.Kennedy Causeway.A map showing the existing uses and conditions of real property in the Zone is attached to this Plan as Exhibit B. A map showing the proposed improvements to and proposed uses of the real property in the Zone is attached to this Plan as Exhibit C. Pursuant to the TIF Act,the ordinance of the City establishing the Zone also established a Board for the Zone. The Zone Board consists of 12 persons, with one member from each Participant other than the City, and the remainder(but not less than 10)appointed by the City. Name Position Appointed By Samuel L.Neal President City of Corpus Christi Vice President Nueces County Javier D. Colimenero Member City of Corpus Christi Brent Chesney Member City of Corpus Christi Rex Kinnison Member City of Corpus Christi John Longoria Member City of Corpus Christi Jesse Noyola Member City of Corpus Christi Mark Scott Member City of Corpus Christi Gabriel Rivas Member Del Mar College Cal Jennings Member Nueces County Hospital District Richard Pittman Member Flour Bluff Independent School District John LaRue Member Port of Corpus Christi Authority 3 Existing Land Use Existing land-uses within the Zone consist of light commercial development,mixed residential development, vacant unimproved land, and non-developable land, including waterways,roadways and parks. The City has estimated the following current usage within the Zane: Use Acres Vacant 857.1718 Water Area 447.8253 Park 384.5719 Right-of--Way 158.2465 Commercial 33.6232 Medium Density Residential 34.4813 Public/Semi-Public 9.0187 High Density Residential 7.7001 Professional Office 6.0570 Light Industrial 6.5105 Low Density Residential 1.8075 Total Infrastructure Requirements for Development It is the City's policy that infrastructure required for new development within the Zone will be the responsibility of each landowner or developer, similar to any other development that occurs in the City. The wastewater treatment plant and trunk main collection system is in place and is of sufficient capacity to accommodate new development, and sufficient freshwater supply is available to serve anticipated development within the Zone. There are generally roads and streets throughout the Zone,though individual tracts may require additional stred construction,sewer collection lines,or water supply lines for development. The City pays for oversize and extra depth costs associated with water and wastewater extensions that are designed to service property outside or beyond the owner's development. The City participates in street development to pay the additional oasts for extra width associated with arterial streets or collectors that are designed to be extended beyond the developer's property. The City also pays for the costs of bridges and culverts to extend streets beyond the developer's property- Undeveloped Land Within the Zone Approximately 857 acres within the Zone are unimproved or underdeveloped land The City anticipates that such unimproved land will be developed for residential and light commercial use consistent within existing uses,and additional development must occur before the Issuer can provide for the payment of additional Tax Increment Contract Revenue Bonds(hereinafter defined)required for completion of the Project without adversely affecting the Issuer's ability to pay debt service on the Series 2003 Bonds(hereinafter defined). No representation is made in this Plan with respect to the ultimate development of such property. Project Costs A detailed listing of the proposed public works and public improvements to be undertaken in the Zane,shown by kind,number and location,and the Project costs of the Zone,including,without limitation,the costs of the initial dredging of Packery Channel,the maintenance dredging costs,secondary Project costs,administrative costs ofthe Zone, and other non-project costs (such as water supply improvements and roads that are not intended to be funded through the operation of the Zone), are set forth in Exhibit D. The estimated amount of bonded 4 indebtedness to be incurred to pay initial Project costs, and the timing of when related costs and monetary obligations for implementing this Plan are to be incurred,are set forth in Exhibit D.The City currently esti that the total amount of Issuer debt necessary to be issued for completion of initial Project costs will not exceed $12,000,000. Secondary development improvements are to be financed as funding becomes available from surplus tax increments or bonds. The City currently estimates the total amount of Issuer debt that may be issued for secondary developments will not exceed$3,000,000. The Plan of Finance The City has created the Zone for the purpose of raising funds needed to provide the City's share of the Project costs,and the Series 2003 Bonds(hereinafter defined)are the first installment of Issuer bonds to be issued for that purpose. The City,the County,Del Mar College,a junior college district and political subdivision of the State of Texas (the"College)and Nueces County Hospital District,a hospital district and political subdivision of the State of Texas(the"Hospital District')each have agreed to deposit to the Tax Increment Fund established for the Zone (the"Tax Increment Fund's certain tax collections arising from their respective taxation of the increase,if any,in the appraised value of real property located in the Zone since November 14,2000(hereinafter defined as the (Dedicated Tax Increments',through the earlier of December 31,2022,or the date on which any outstanding obligations payable from the Dedicated Tax Increments are finally paid. The City has entered into separate interlocal agreements(the"Interlocal Agreements")with the County,the College,and the Hospital District which sets forth,among other things,the agreement of the City and County,College,or Hospital District,as applicable, to pay to the Issuer the Dedicated Tax increments(the"Contract Tax Increments'). The bonds to be issued to fund Project costs are to be payable solely from the Contract Tax Increments and certain other fimds on deposit with JPMorgan Chase Bank,Houston,Texas (the"Trustee")or which may be deposited with the Trustee in the future together with earnings and investments thereon(the"Pledged Revenues'). The City,the County,the College,and the Hospital District(each referred to individually herein as a"Participant" and collectively referred to as the"Participants')have agreed to deposit to the Tax Increment Fund the Dedicated Tax Increments,as described herein. Pursuant to the TEF Act,a taxing unit's tax increment for a year(a"Tax Increment')is the amount of property taxes levied by the unit for that year on the"captured"appraised value of real property taxable by the unit and located in a reinvestment zone.Tax Increments do not result from any increase in the appraised value of personal property(such as equipment or inventory)taxable by the unit and located in a reinvestment zone. The TIF Act defines captured appraised value("Captured Appraised Value')as the total appraised value of all veal property taxable by the urut and located in a reinvestment zone less the tax increment base of the unit. The tax increment base of a taxing unit(the"Tax Increment Base')is the total appraised value of all real property taxable by the unit and located in a reinvestment zone for the year in which the zone was designated. In the case of the Zone,the Tax Increment Base is the total appraised value of all real property in the Zone taxable by the relevant Participants as of January 1, 2000. Tax Increments result only from Captured Appraised Value in the Zone, which consists of 1,947.0138 acres,approximately 542.8184 of which is publicly owned and not taxable. Exhibit A shows(a)the Tax Increment Base of the Zone,(b)the current(as of the date of this Plan)total appraised value of taxable real property m the Zone and(c)the estimated captured appraised value of the Zone during each year of its scheduled existence. Pursuant to separate interlocal Agreements between the City and each of the County, the College, and the Hospital District, respectively (the "Interlocal Agreements') the Participants have agreed to deposit all or a portion of their Tax Increments to the Tax Increment Fund. The City,the County,and the Hospital District have agreed to deposit to the Tax Increment Fund 100%of their tax collections on Captured Appraised Value in the 5 Zane for each tax year that the Zone remains in existence,commencing in tax year 2000. The College has agreed to deposit to the Tax Increment Fund 100%of the its Tax Increments for the first five years(2000-2004)of the Interlocal Agreement,80%for the sixth year(2005),60%for the seventh year(2006),40%for the eighth year (2007),20%for the ninth year(2008),and none thereafter.The amounts the Participants have agreed to deposit to the Tax Increment Fund are referred to herein as the"Dedicated Tax Increments." The obligations of the Participants to pay Dedicated Tax Increments into the Tax Increment Fund are subject to the rights of any of the holders of bonds,notes or other obligations that have been or are hereafter issued by a Participant that are payable from and secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of that Participant. North Padre Island Development Corporation The Issuer The Issuer is a not-for-profit local government corporation and was established by the City under the provisions of Chapter 431,Texas Transportation Code,and the general laws of the State of Texas to aid,assist,and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. It is governed by a Board of Directors,whose members are appointed by the City Council. On December 17,2002,the City Council of the City appointed all ofthe members of the City Council to serve as members of the Corporation. The Bonds It is anticipated that three series of bonds will be issued by the Issuer to finance the initial costs of the Project. The first series of bonds is anticipated to be issued in the spring of 2003(the"Series 2003 Bonds'),in connection with the implementation of this Plan. Should bonds be issued to fiord the costs of maintenance dredging,it is anticipated that funds for such use would be included in the third series of bonds to be issued. The Series 2003 Bonds are the fast issue of bonds(the"Tax Increment Contract Revenue Bonds' to be issued by the Issuer. The Tax Increment Contract Revenue Bonds,including the Series 2003 Bonds,are secured by the Issuer's pledge of payments to be received pursuant to a Tri-Party Agreement among the City,the Zone,and the Issuer(the"Tri-Party Agreement'). Under that agreement,the Contract Tax Increments will be paid into the Tax Increment Fund at the City's depository. The Bonds will fund a portion of the City's share of the Project Costs. Completion of the Project will require additional funding,which currently is anticipated to be provided through the issuance of additional bonds by the Issuer secured from Dedicated Tax Increments on parity with the Bonds. Secondary development improvements may also be financed from additional bonds. For the Issuer to be able to repay such additional bonds,substantial growth in the taxable values within the Zone mast occur,and there is no guarantee that such growth will have been accomplished prior to the timing of funding the remaining phases of the development and completion of the Project. Growth in taxable values within the Zone is dependent on future development of additional taxable improvements. While the City expects that such additional improvements will be constructed if the Packery Channel is completed,there are approximately 1,838 tracts of land within the Zone owned by approximately 1,054 different owners,and neither the Issuer nor the City has any agreement with any landowner for construction of improvements within the Zone,or knowledge that any landowners intend to construct additional improvements. Without future development within the Zone,there can be no guarantee of additional Dedicated Tax Increments sufficient to pay debt service on bonds issued to finance the Project. A projection of the Project costs to be funded with bond proceeds and the sizing of the bond issues to fiord those Project costs is set forth m Exhibit D. The Tri-Party Agreement 6 The City,the Zone and the issuer will enter into the Tri-Party Agreement. Pursuant to the Tri-Party Agreement, the Issuer will provide certain management and administrative services for the Zone. The Issuer is authorized to issue bonds or enter into other obligations to be repaid from Contract Tax Increments but only with the approval of the City Council. The Issuer agrees to use all Contract Tax Increments in a manner consistent with the Plan. The Tri-Party Agreement provides for duties and responsibilities of the City with respect to Dedicated Tax Increments and provides for duties and responsibilities of the Zone with respect to Dedicated Tax Increments. The Dedicated Tax Increments are to be deposited when received into the Tax Increment Fund. The City aril the Zone will covenant and agree that they will continuously collect the Dedicated Tax Increments from the Participants in the manner and to the maximum extent permitted by applicable law. To the extent the City and Zone may legally do so,they also will covenant and agree that they will not permit a reduction in the Dedicated Tax Increments paid by the Participants. The City will covenant and agree to annually levy,assess and collect its ad valorem taxes in the Zone.The City and the Zone will agree to pay to the Issuer the Contract Tax Increments in consideration for the Issuer funding certain of the Project costs with the proceeds of the Tax Increment Contract Revenue Bonds. The obligations of the City and the Zone to pay Contract Tax Increments shall be subject to the Tri-Party Agreement and the rights of any of the holders of bonds,notes or other obligations that have been or are hereafter issued by the City,the County,the College,or the Hospital District that are payable from and seamed by a general levy of ad valorem taxes throughout the taxing jurisdiction of the City,County,College,or Hospital District. It is anticipated that the interests of the Issuer in the Tri-Party Agreement will be assigned to the Trustee for the Tax Increment Contract Revenue Bonds under the terms of the Indenture pursuant to which such Tax Increment Contract Revenue Bonds are to be issued. The Tri-Party Agreement may be amended with the mutual consent of the parties;however,any amendment must be accompanied by an opinion of counsel to the Issuer to the effect that such amendment will not materially impair the rights of the owners of the Issuer's bonds or other outstanding obligations. 7 Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT A Forecast of Potentia!TIF Revenue Flaws on North Padre Island (Final Report) Dated:August 2002 ERA Project Number: 14663 Final Report Forecast of Potential TIF Revenue Flows on North Padre Island Submitted to: The City of Corpus Christi August 2002 ERA Project Number: 14663 TABLE OF CONTENTS General Limiting Conditions..........................................................................................iv Introduction ................................................................................................................ .... 1 Approach ........................................................................................................................2 Participating Jurisdictions............................................................................................3 Methodology............................................................. ...3 ............................................... TIF REVENUE ANALYSIS...........................................................................................5 Summary.....................................................................................................................5 Real Estate Market Discussion ....................................................................................5 TIF Waterfront Properties 2002...................................................................................b GrowthRates............................................................................................................ 10 PadreIsland........................................................................................................... 10 TIF Revenue Conclusions ......................................................................................... I 1 TV Anatpb fbr Nath padre Island—Rml pop 11 List of Tables and Exhibits Table 1. Taxable Value of Land&ImprovemeM ....................................................................... 2 TIF District-2000................................................................................. .......2 . ............................ Table 2. Tax Rates for Participating Jurisdictions........................................................................ 3 Table 3.Waterfront Properties by Location and Value within the TIF District............................. 6 Table 4.Average Assessed Land Value by Location................................................................... 7 Table 5. Average Condominium Assessed Value by Water frontage ........................................... 8 Table 6. Condominium Properties in the TIF District.................................................................. 8 Table 7. Lake Padre Properties by Tax ID.............................................. ............... 9 ...................... Table 8. Other Non-Exempt Water Front Properties.................................................................... 9 Table9. Exempt Properties........................................................................................................10 Table 10. Padre Island Growth Rates by Location- 1992-2002 .................................................10 Table 11. Scenario 1.TIF District Taxable Value and Revenue, 2001 -2022.............................I I Table 12. Scenario 2.TIF District Taxable Value and Revenue, 2001 -2022.............................l I Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2..................................................................12 Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2($000s).................13 TIP Analysis for North Padre Island—FMd Page Ili GENERAL LIMITING CONDITIONS Every reasonable effort has been made to ensure that the data contained in this study reflect the most accurate and timely information possible, and they are believed to be reliable. This study is based on estimates, assumptions and other information developed by Economics Research Associates from its independent research effort, general knowledge of the industry, and consultations with the client and the client's representatives. No responsibility is assumed for inaccuracies in reporting by the client, the clients agent, and representatives or any other data source used in preparing or presenting this study. No warranty or representation is made by Economics Research Associates that any of the project values or results contained in this study will actually be achieved. Possession of this study does not carry with it the right of publication thereof or to use the name of"Economics Research Associates" in any manner. No abstracting, excerpting, or summarization of this study may be made. This study may not be used for purposes other than that for which it is prepared. Exceptions to these restrictions may be permitted after obtaining prior written consent from Economics Research Associates. This study is qualified in its entirety by, and should be considered in light of, these limitations, conditions and considerations. TIF kWyad 1br Nath Padre Mand-Final Pada h► INTRODUCTION Economics Research Associates (ERA) was engaged to provide the City of Corpus Christi with estimates of tax increment revenues in the proposed North Padre Island Tax Increment Finance (TIF) district. ERA understands that estimated future tax revenues from the district will be targeted to fund a portion of the development cost of funding the North Padre Island Damage Reduction and Environmental Restoration Project. This forecast makes use of data provided by the City of Corpus Christi and the Nueces County Appraisal District covering property tax rates, assessed values, and actual historic taxes paid for the defined TIF district. Data from these sources have been assessed to generate a reasonable estimate of potential tax increment revenue. This report is independent from an earlier report prepared by ERA in the year 2000. This report does not assume any major development in North Padre Island and uses a different methodology to forecast tax revenue in the TIF District. Some numbers are rounded and might differ from the original database. Although every possible effort has been made to present correct information, some errors might be present due to handling of large data sets in a short time period. However, ERA believes that the results are reasonable and concur with the data available. ERA would like to thank all staff members at the City of Corpus Christi and the Nueces County Appraisal District for providing us with data in timely fashion that ensured preparing a comprehensive report. 17F Analyake for North Padre h&wW—Rnal Page 1 APPROACH The approach followed by ERA first defines the current baseline assessed and taxable value of the proposed TIF district, using assessment information for land and improvements provided by officials with the City of Corpus Christi and the Nueces County Appraisal District. ERA understands that the base year for the district is calendar year 2000. From this base year value, ERA generates two sets of TIF revenue inputs: • Forecast growth in the taxable value of currently existing buildings and vacant land in the district over a 20-year period using constant growth rate for all types of properties. • Forecast growth in the taxable value of currently existing land and development in the district using variable growth rates based on location within the district. Growth in assessed values and taxes paid for current improvements and vacant land, as well as new development, beyond levels defined in the base year constitute the increment in property tax revenue that can be captured for potential use in the Packery Channel project. Working with officials at the Nueces County Appraisal District, City officials provided ERA with year 2000 assessed and taxable values for all land and improvements in the proposed TIF district. The following table indicates that the district currently contains vacant land and improvements amounting to $85,870,603 in taxable value. The table breaks down values between home site and non-home site land and improvements, as well as exemptions and adjustments, to arrive at a total taxable value. Exemptions and adjustments are made for homestead, disabled individuals and veterans, and people over 65. Preliminary assessments for 2001 are$98,153,611 and for 2002 $107,588,794. Table 1.Taxable Value of Land &Improvement, TIF District- 2000 Category Value Land—Home Site $5,491,354 Land—Non-Home Site $23,947,556 improvements—Home Site $42,200,590 Improvements--Non Home Site $17,684,297 Sub-Total $89,323,797 Exemptions&Adjustments $3,453,194 Total Taxable Value $85,870,603 Source:Nuecea County Appraisal District Looking further at the above table, ERA determined that home site improvements include single-family homes as well as higher-density condominium projects on the seawall. This distinction is important because home site land accounts for only 18% of total land assessed value, but home site improvements account for 70%of total improvements. TIF Analysis Isar Nath Padre Lland—Rnal Papa 2 Participating Jurisdictions Four jurisdictions are contributing 100% into the tax increment fund for the whole period starting in 2001 through 2022. One jurisdiction, Del Mar Jr. College, is contributing 100%into the tax increment fund for the first 5 years, 80% for the sixth year, 60%for the seventh year, 40% for the eighth year, 20% for the ninth year and 0% thereafter. Three jurisdictions will not participate: Flour Bluff Independent School District (ISD), Port of Corpus Christi and Fire District #2. The following table shows tax rates schedule per $100 of taxable value. Table 2.Tax Rates for Participating Jurisdictions Jurisdictions Providing ALL 2001-2005 2006 2007 2008 2009 2010-2022 Increment Jurisdictions City of Corpus Christi 0.644175 0.644175 0.644175 0.644175 0.644175 0.644175 0.644175 Farm to Market Rd. 0.005238 0.005238 0.005238 0.005238 0.005238 0.005238 0.005238 County Hospital 0.228028 0.228028 0.228028 0.228028 0.228028 0.228028 0.228028 Del Mar Jr.Collage 0.21988 0.21988 0.175904 0.131928 0.087952 0.043976 0 Nueces County 0.350242 0.350242 0.350242 0.350242 0.350242 0.350242 0.3502442 Port of Corpus Christi 0.002117 Flour Bluff ISD 1.526197 Fire District#2 0.022200 TOTAL 2.998077 1.447563 1.44359 1.359611 L31564 1.27166 1.227683 Note:Assuming tax rates do not change &:Nueces County Appraisal District,City of Corpus Christi Regarding the above tax rates, local officials indicated that they did not expect to see unusual growth in the above tax rates in the near future. Following standard TIF modeling guidelines, ERA has taken the above tax rates and held them constant for the duration of the 20-year TIF model. With tax rates held constant, key drivers of the forecast become rates of appreciation for existing improvements and vacant land. Methodology In order to estimate a reasonable tax revenue flow, ERA made the following assumptions: • Base tax year is 2000 • 2002 tax rates for each participating jurisdiction are assumed fixed for the whole period(through 2022) • Tax increment fund starts in 2001 • End of TIF district is 2022 • Packery Channel will be completed in 2004 • The TIF district tax revenue flow is completely independent of any potential major development that could potentially have a great impact on other developments and land value. TIF Analrila for North Padre Island-Fhud Pale 3 • First to Increase. Value of land and current developments with water frontage in the District excluding beach properties will be the first to increase in value due to the opening of Packery Channel, as it would provide direct access to the Gulf of Mexico. • Magnitude of Increase: Water front properties (vacant land) in the District excluding beach properties will have the greater increase in value compared to properties without water frontage. It is assumed that the value will approach the value of vacant beach properties. Based on the above assumptions, ERA compiled data from the City of Corpus Christi and the Nueces County Appraisal District to estimate current land and improvement value by location in the District. Using Tax ID data, ERA aggregated properties based on their location by defining 4 distinct locations: • Beach • Lake Padre • Other water front properties • Non-water front properties After linking each property to a location, total assessed and taxable values were calculated for each location. Value comparison was established and was later used to estimate growth rates for properties within the District. ERA also aggregated all values of properties on North Padre Island for the past 10 years to estimate an average calculated average growth rate (CAGR) for the island. This CAGR was then applied in the forecast model. Tax rates from the participating jurisdictions were then applied to estimate tax revenue flows. TIF Malris for North Padre UWW—Final Papa 4 TIF REVENUE ANALYSIS Summary Two scenarios were developed and are presented in this report. The first scenario applies an annual growth rate of 9% from 2003 through 2012, and 3% annual growth rate from 2013 through 2022 for all properties within the TIF District. The 9.1% annual growth rate represents the CAGR of the assessed values of all properties on Padre Island from 1992 through 2002. The second scenario applies different annual growth rates for each property type in the TIF district. Waterfront properties on Lake Padre, the canal and on the proposed Packery Channel are estimated to grow at an annual rate of 24%between 2003 and 2007. During the same period, Beach properties and non-waterfront properties are assumed to grow at 9.1%. From 2008 through 2022, all properties are estimated to grow at the inflation rate of 3% per annum. The 24% annual growth rate represents the estimated CAGR of the total taxable value of TIF properties within the five participating jurisdictions from 1996 through 2001. The two scenarios are conservative and do not assume any new development From 2001 through 2022 and using 2040 as the base year, the first scenario generates a total tax revenue of $63.4 million of which $38.9 million is the TIF revenue, The second scenario generates a total tax revenue of$55.9 million of which $31.3 million is TIF revenue. A detailed analysis follows. Real Estate Market Discussion Economics Research Associates conducted a number of telephone interviews with accredited realtors in Corpus Christi and Padre Island. The general consensus has been that over the past three years demand for good properties, defined as those in good repair, modem appliances, visually appealing and have good access, has increased remarkably. This increase in demand, the limited supply, and a strong market let to an increase in prices. The demand for weekend and seasonal homes from residents of large Texan cities, such as Dallas, Houston and San Antonio is also pushing prices upward. Aging baby-boomers and a healthy economy had lead to strong demand of retirement and seasonal homes in Padre Island. This demand has exceeded the markets ability to supply more housing units. Another factor in the escalation of price and demand is speculation regarding the Packery Channel, which would connect Lake Padre and the Packery Channel to the Gulf of TIF Anelyals for Nath Pada Mw d—Rnal PaOa 5 Mexico. The Channel is perceived as a convenient way to provide access to the Gulf of Mexico from Lake Padre and the intercoastal areas. Some realtors indicated that Lake Padre properties would be more attractive to sailing enthusiasts that would need to be east of the 22-foot bridge to benefit from the Channel. This is assuming a marina is developed on Lake Padre. Properties without water access, known among realtors as dry or interior properties, on Padre Island can demand a $10,000415,000 premium over comparable properties in the city. Some realtors indicated that the difference in price between water-accessible and dry properties on Padre Island is too great to characterize. When asked about Port Aransas and how the market compares to Padre Island. Most realtors indicated that properties in Port Aransas, 20 miles from Corpus Christi, are overpriced and are not comparable in quality. Realtors also indicated that Padre Island has strong attributes and character that would attract investors to develop resorts; something that Port Aransas lacks. TIF Waterfront Properties 2002 Using the micro level data (property tax records) obtained from the City of Corpus Christi and the Nueces County Appraisal District, ERA was able to compile waterfront properties in the TIF District by location and type. The TIF District has 1,930.08 acres with a total assessed value of $107.59 million in 2002. Approximately 51% of land have or will have (after the opening of the Packery Channel) water frontage or 977 acres. Approximately 203 acres or 21% of water front properties are exempt properties. The waterfront properties have a total assessed value of $65.1 million and a total taxable value of $60.6 million. The following tables show waterfront properties by location, land value, improvement value, total exemptions, taxable value, and acreage. Table 3. Waterfront Properties by Location and Value within the TIF District Type Acres Land Value Improvement Total Assessed Taxable Value Value Value Condos Beach 13.45 $2,450,499 $28,962,543 $31,413,042 $29,048,886 Across from the Beach 3.61 $281,352 $3,902,799 $4,184,151 $3,533,871 Other-LakePadre,Canal 10.93 $1,459,001 $11,600,220 $13,059,221 $11,503,641 Lillie Padre 470.66 $4,591,013 $938,742 $5,529,755 $5,517,325 Beach 53.20 $2,577,105 $4,355,083 $6,932,188 $6,932,188 Exempt 202.86 $0 $0 $0 $0 Other 222.24 $2,517,234 $1,669,836 $4,187,070 $4,054,928 TOTAL WATER PROPERTIES 976.95 $13,876,204 $51,429,223 $65,305,427 $60,590,839 Source:Nueces County Appraisal District,Economics Research Associates TIF Malysis fbr Nath Padm Island—Final Page 6 Most of the condominium properties are older developments dating to mid 1980s especially the ones with a beach $ontage. Most of the properties on Lake Padre are parcels of vacant land. The other non-classified properties are parcels located on the Canal and what would be on the Packery Channel. Land value, as expected, increase as it approaches the Beach. The most expensive land parcels are those of condominium with beach frontage with over $180,600 per acre. The second highest, on average, are condominium properties on Lake Padre with $133,500 per acre followed by condominium properties located across from the Beach. As expected developed land, although with indirect beach frontage has more value than undeveloped beach parcels. It is plausible to assume that the value of land parcels with beach frontage would more than quadruple in value after it is developed. The following Table shows average assessed value per acre by location. Table 4. Average Assessed Lard Value by Location Type Acres Average Land Value ($/Acre) Waterfirwo Prfluertles Condos Beach 13.45 $180,623 Across from the Beach 3.61 $77,840 Other-Lake Padre,Canal 10.93 $133,448 Lake Padre 470.66 $9,754 Beach 53.20 $48,442 Exempt 202.86 $0 Other 222.24 $11,327 TOTAL WATER PROPERTIES 976.95 $17,897 Hots:Total average land value excludes exempt properties Smra:Nueces County Appraisal District,Economics Research Associates There are 16 condominium developments in the TIF district, of which four are located on the beach, three are located across from the beach and the remainder is located on Lake Padre, the canal and Packery Channel. The most expensive condominiums are those with a direct beach frontage. The following table shows average assessed value per condominium by water frontage location TIF Analr a for North ftdre Llrud Final Papa 7 Table S. Average Condominium Assessed Value by Water frontage Type Total Condo Units Average Condo Assessed Value Condos Beach 324 $96,305 Across from the Beach 115 $36,384 Other-Lake Padre, Canal 399 $32,730 Sour L.Nueces County Appraisal District,Economics Research Associates The following table shows condominium properties by location, acreage, number of units, and avefage condominium assessed value. Table 6. Condominium Properties in the TIF District Property Name Water Acreage Total Total Total Total Number Avg. Frontage Land Improvements Assessed Taxable of Units Condo Location Value Value Value Value El Constance Beachfront 3.05 $531,178 $5,317,124 $5,848,302 $5,581,554 69 $84,758 Padre Island- BeachGont 4.78 $885,669 $13,272,754 $14,158,423 $13,239,239 130 $108,911 Gulfstream La Casa Del Sol bake Padre 0.70 $94,134 $889,071 $983,205 $983,205 24 $40,967 Lakeshore Villas Lake Padre 1.26 $153,552 $1,586,544 $1,740,096 $1,459,835 24 $72,504 Leeward Isles Lake Padre 2.58 $168,810 $2,761,688 $2,930,498 $2,897,168 87 $33,684 Leeward Cove Lake Padre 0.61 $75,632 $585,521 $661,153 $646,153 16 $41,322 Lorimar Place Canal-2 0.43 $71,650 $303,335 $374,985 $374,985 10 $37,499 blocks from beach Mystic Harbor Packery 0.94 $122,904 $1,185,002 $1,307,906 $1,175,954 32 $40,872 Chantel Seahorse Across the 1.03 $78,814 $1,189,358 $1,268,172 $1,017,892 26 $48,776 street fiom Beach Nautilus Galleria Across the 1.03 $67,502 $1,219,289 $1,286,791 $1,051,791 45 $28,595 street from Beach Pirates Crossing 8a Lake Padre 0.53 $184,591 51,233,405 $1,417,996 $1,337,959 36 $39,389 Seascape Villa Portofino Beachfront 2.31 $483,538 $5,372,008 $5,855,546 $5,130,665 53 $110,482 Mariners Cay Canal-2 3.51 $539,544 $2,497,196 $3,036,740 $2,261,740 136 $22,329 blocks from beach Padre Island- Across the 1.55 $135,036 $1,494,152 $1,629,188 $1,464,188 44 $37,027 Surfside street from Beach Padre We-Island Beachfront 3.31 $528,142 $4,812,272 $5,340,414 $5,097,429 72 $74,172 House Sand Dollar Canal 0.37 548,184 $558,458 $606,642 $366,642 34 $17,842 Total 27.99 $4,168,880 $44,277,177 $48,446,0557 $44,086,398 $38 $57,812 Source:Nueces County Appraisal District,Economics Research Associates TIF Analysis for North Pade T+dand-Fkmd Pope a Beach properties other than condominiums are made up of 31 vacant parcels and one developed parcel which is the Holiday Inn with an assessed value of$4.5 million. There are 12 vacant parcels that range in size from one to approximately seven acres with the largest being 6.98 acres. Most of the remainder parcels are approximately half an acre. There are 10 (0.51 acres) parcels that are valued at $56,250 each or an average of $110,294 per acre. These are the most valued parcels on the beach. The next three tables summarize properties by Tax ID. The first table lists all properties on Lake Padre, the second table shows all other(Canal, Packery Channel, non-classified) water front properties that are non-exempt and the last table shows all exempt properties. Table 7. Lake Padre Properties by Tax ID TAX ID Total Land Total Total Total Acreage Val" Improvements Assessed Twmble Value Value 6180- $1,636,741 $820,671 $2,457,412 $2,444,982 20.85 6185- $1,136,341 $0 $1,136,341 $1,136,341 23.75 6175- $225,114 $65,880 $290,994 $290,994 5.01 6125- $1,309,302 $52,191 $1,361,493 $1,361,493 286.05 6195- $283,515 $0 $283,515 $283,515 135 Total $4,591.,013 $938,742 $5,529,755 $5,517,325 470.66 Source:Nueces County Appraisal District,Economics Research Associates Table S. Other Non-Exempt Water Front Properties TAX ID Total Land Total Total Total Acreage Legal Description Value Improvements Assessed Taxable Value Value 3730- $152,759 $111,409 $264,168 $264,168 8.05 Island Fairway Estates 4793- $791,199 $276,447 $1,067,646 $1,067,646 6.75 Mariners Cay Lots 6170- $584,752 $0 $584,752 $584,752 7.58 PADRE ISLAND SEC B 6205- $735,000 50 $735,000 $735,000 60 PADRE ISLAND SEC 18 1115- $174,019 $0 $174,019 $174,019 138.86 BRYAN WM SUR 606 LS 64, 129.964 ACS ICL 1717- $79,505 $1,281,980 $1,361,485 $1,229,343 1.00 Compass Townhomes - 13 units Total $2,517,234 51,669,836 $4,187,070 $4,054,928 222.24 Som urce:Nueces County Appraisal District,F onomics Research Associates TIF A mlysh for North Padre bhssd—R ml Page 9 Table 9. Exempt Properties TAX ID Name Acreage 111500000010 STATE OF TEXAS 138.87 111500000050 STATE OF TEXAS 4.03 373WW30050 FLOUR BLUFF IND SCHOOL DI 6.5 616500451400 CITY OF CORPUS CHRISTI 3.46 619000000005 STATE OF TEXAS 0 625200000010 NUECES CO 20 625200000020 NUECES COUNTY TRUSTEE 30 Total 202.86 Source:Nueces County Appraisal District,Economics Research Associates Growth Rates Using available data, ERA conducted trend analysis for various areas to establish a trend in property growth rates on Padre Island and in the participating jurisdictions. These growth rates are later used in the forecast models to estimate TIF revenue. Padre Island Using micro level data, ERA compiled the assessed values for all properties in North Padre Island from 1992 to 2002. In 1992, total assessed value for properties on Lake Padre and on the beach were high and decreased in the following years. This is the main reason for the negative CAGR for beach properties and the small figure (less than one percent) for Lake Padre properties for the 10-year period. North Padre Island, in total, including waterfront and non-waterfront properties had a CAGR of 9.1%, i.e., properties grew on average 9.1% per year between 1992 and 2002. The following table summarizes growth rates for Padre Island by location of properties. Table 10. Padre Island Growth Rates by Location — 1992-2002 Year Padre Island Waterfront Luke Beach Other Non- All Properties) Condos Padre Waterfront Waterfront CAGR 1992-2002 9.100/0 5.99% 0.77% -3.96% 2.03% 10.190/0 CAGB 1993-2002 10.14% 7.270/6 5.45% -2.30% 2.39% 11.06% SonMl:Nueces County Appraisal District,F,couomics Research Associates TIF An*pk 1br Haft Padre UWW--Rnal Papa 10 TIF Revenue Conclusions The following tables summarize the TIF District's estimated taxable value, grand total tax revenue and the incremental tax revenue from 2001 through 2022. Scenario 1 reflects an overall average annual growth rate of 9.1% from 2003 through 2012 and an annual growth rate of 3% from 2013 onwards. Scenario 2 reflects annual increase in taxable value of 24% for properties on Lake Padre and other water front properties excluding beach properties. Beach properties, existing condominium properties and properties without water frontage increase 9% in taxable value from 2003 through 2007 and 3% from 2008 onwards. Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001 —2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $590,873,474 $909,709,774 $1,300,406,021 $1,523,32.0,994 $675,226,929 Grand Total Tax Revenue $8,553,266 $11,899,730 $15,964,864 $18,701,553 $8,289,646 incremental TIF Revenue $2,338,110 $6,251,011 $10,693,770 $13,430,459 $6,181,209 Accumulated TIF Revenue $2,338,110 $84589,122 $19,282,891 $32,713,350 $38,894,559 Son=:,City of Corpus Christi,Nueces County Appraisal District,and Economics Research Associates Table 12. Scenario 2.77F District Taxable Value and Revenue, 2001 —2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $601,808,948 $912,635,163 $1,072,871,721 $1,243,752,371 $551,305,402 Grand Total Tax Revenue $8,711,564 $11,971,610 $13,171,464 $15,269,336 $6,768,283 Iucnemental TIF Revenue $2,496,408 $6,322,891 $7,900,370 $9,998,242 $4,659,845 Accumulated TIF Revenue $2,496,408 $8,819,299 $16,719,669 $26,717,912 $31,377,757 Sours :City of Corpus Christi,Nueces County Appraisal District,and Economics Research Associates TIF Andymb for North Padre bWW--Hnal Papa 11 a The following exhibit shows the growth in the TIF revenue from both scenarios. ExhM 1.TIF Revenue Schedul% Scenarios 1 and 2 M � K � r y *2JOI ",t 01080 ON eeAdolor �0 2001 2002 2003 200/2003 2006 2007 2000 20091010 2011 2812 7013 2011 2016 2016 9017 201/2019 2020 2031 2022 TIF Analysis 1bor North Padre Wand—Fine! Page 12 M The following table shows taxable values, grand tax revenue and incremental TIF revenue from the two scenarios in thousands of dollars. Table 13.TIF Taxable Value and Tax Rwenue Schedule, Scenarios 1 and 2- 2001-2022 ($000s) YEAR TAXABALE VALUE GRAND TAX TIF REVENUE REVENUE Scenario 1 Scenario 2 Scenario 1 Scenario 2 Scenario 1 Scenario 2 2001 $98,514 $98,514 $1,426 $1,426 $183 $183 2002 $107,589 $107,589 $1,557 $1,557 $314 $314 2003 $117,376 $118,803 $1,699 $1,720 $456 $477 2004 $127,940 $131,379 $1,852 $1,902 $609 $659 2005 $139,455 $145,524 $2,019 $2,107 $776 $864 2006 $152,006 $161,483 $2,134 $2,267 $928 $1,061 2007 $165,686 $179,546 $2,253 $2,441 $1,085 $1,274 2008 $180,598 $184,932 $2,376 $2,433 $1,246 $1,303 2009 $196,852 $190,480 $2,503 $2,422 $1,411 $1,330 2010 $214,568 $196,194 $2,634 $2,409 $1,580 $1,354 2011 $233,880 $202,080 $2,871 $2,481 $1,817 $1,427 2012 $254,929 $208,143 $3,130 $2,555 $2,075 $1,501 2013 $262,577 $214,387 $3,224 $2,632 $2,169 $1,578 2014 $270,454 $220,819 $3,320 $2,711 $2,266 $1,657 2015 $278,567 $227,443 $3,420 $2,792 $2,366 $1,738 2016 $286,924 $234,266 $3,523 $2,876 $2,468 $1,822 2017 $295,532 $241,294 $3,628 $2,962 $2,574 $1,908 2018 $304,398 $248,533 $3,737 $3,051 $2,683 $1,997 2019 $313,530 $255,989 $3,849 $3,143 $2,795 $2,089 2020 $322,936 $263,669 $3,965 $3,237 $2,910 $2,183 2021 $332,624 $271,579 $4,084 $3,334 $3,029 $2,280 2022 $342,603 $279,726 $4,206 $3,434 $3,152 $2,380 TOTAL $63,409 $55,892 $4,999,537 $4,382,374 $38,895 $31,378 Source:City of Carpus Christi,Nueces County Appraise!District,and Economics Research Associates TIF AnalyaMl fbr Nath Pa"bland-FhW Raga 13 Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT B Map: Existing Uses and Conditions in the Zone .r��rr r�:ry•••r,:r1•q�� V . �d� �r C C�rrr�•h r•�+•ram t �i. 1 � i / . 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(b) Parka&r+acreadon center and parkin lot to be Inanced as f xx tg becomes available from surplus tax kicremants or bonds,or a combination thereof. Reinvestment Zone Number Two City of Corpus Christi, Texas Puckery Channel Bond Fund Assumptions: Bonds Issued: COE - 50.0 million maintenance Ser 2003 • Mar 03 2,500,000 Tex Increment Baa: 83,018,078 City Matt Res from Banda 1,400,000 Ser 2004 - Jan 04 4,300,000 200 Total Appraised Value: 107,580,782 GIA Grant 1,275,000 Ser 2005 • Jan 05 4,330,000 2002 Net Appraised Values 102,440,534 Malntenwroe annual Ince. 200% 11,130,000 Interest Income: 1.85% Required end Fund Balance 3,000,000 Bond interest nae: 7.5096 Pledged Revenues Debt Barrios Funds Beginning Captured value Bond Fund TIF Ending Available for FYE Tax Bond Fund Zone Real Projected IF Interest Fess & Annual Cash Bond Fund Maintenance 7135 Year Balance PropertAa) Revenue (b) Earnings Series 2003 Series 2004 Series 2006 Total Expierses (c) Flow Balance Dredging 61,188 15,000 2002 2001 10,936,710 168,106 229,274 2003 2002 61,168 19,422,458 181,974 1,132 - 194,792 15,000 26 ,06 500,724 2004 2003 229,274 32,933,000 477,000 4,242 194,792 2005 2004 500,724 45,509,000 659,000 9,263 187,500 376,250 - 563,750 15,000 89,513 590,237 2006 2005 590,237 59,654,000 864,000 10,919 187,500 322,500 378,875 888,875 15,000 (28,956) 561,281 2007 2006 581,281 75,613,000 1,061,000 10,384 187,500 322,500 324,750 834,750 15,000 221,634 782,915 2008 2007 782,915 93,678,000 1,274,000 14,484 187,500 322,500 324,750 834,750 15,000 438,734 1,221,649 2009 2008 1,221,649 99,062,000 1,303,000 22,601 187,500 322,500 324,750 834,750 15,000 475,851 1,697,499 2010 2009 1,697,499 104,610,000 1,330,000 31,404 187,500 322,500 324,750 834,750 15,000 511,854 2,209,153 - 2011 2010 2,209,153 110,324,000 1,354,000 40,869 187,500 322,500 324,750 834,750 15,000 545,119 2,754,272 - 2012 2011 2,754,272 116,210,000 1,427,000 50,954 187,500 322,500 324,750 834,750 15,000 628,204 3,000,000 382,477 2013 2012 3,000,000 122,273,000 1,501,000 55,500 283,750 418,750 449,875 1,152,375 15,000 389,125 3,000,000 389,125 2014 2013 3,000,000 128,517,000 1,578,000 55,500 276,250 507,500 411,250 1,195,000 15,000 423,500 3,000,000 423,500 2015 2014 3,000,000 134,949,000 1,857,000 55,500 268,750 492,500 500,000 1,261,250 15,000 436,250 3,000,000 438,250 2016 2015 3,000,000 141,573,000 1,738,000 55,500 357,500 573,750 485,000 1,416,250 15,000 362,250 3,000,000 362,250 2017 2016 3,000,000 148,396,000 1,822,000 55,500 342,500 551,250 586,250 1,460,000 15,000 402,500 3,000,000 402,500 2018 2017 3,000,000 155,424,000 1,906,000 55,500 327,500 625,000 640,000 1,592,500 15,000 356,000 3,000,000 356,000 2019 2018 3,000,000 162,883,000 1,997,000 55,500 312,500 595,000 610,000 1,517,500 15,000 520,000 3,000,000 520,000 2020 2019 3,000,000 170,119,000 2,089,000 55,500 393,750 661,250 676,250 1,731,250 15,000 398,250 3,000,000 398,250 2021 2020 3,000,000 177,799,000 2,183,000 55,500 371,250 720,000 735,000 1,828,250 15,000 397,250 3,000,000 397,250 2022 2021 3,000,000 185,709,000 2,280,000 55,500 445,000 675,000 786,250 1,906,250 15,000 414,250 3,000,000 414,250 2023 2022 3,000,000 193,866,000 2,380,000 55,500 415,000 726,250 830.000 1,971,250 15,000 449,250 3,000,000 449.250 31,063,974 806,751 5,488,542 9,180,000 9,017,250 23,685,792 315,000 4,931,102 (a) Tar yews 2031 8 2002 - Net Appraised Value Tess sane Value. NI ether years - ERA August 2002 report - Scenario 2, forecasted Total Appraised Values lea ERA Base Value. (b) Source : FY 2003 - Adopted budget FY 2004 through FY 2023 - ERA August 2002 report - Scenario 2 (c) TrutitireiPaying Agent Is= oI S5,000 and TIRZ AdministratHa 6cpenaa d $10,000 =fluidly. Rleinvesbnent Zone Number Two City of Corpus Chris°, Texas Packery Channel Maintenance Dredging Costs Aasumpeons: Required end Fund Balance 3,000,000 City Maint Res from Bonds t,400,000 Starting Maintenance Expense: 350,000 Maintenance annual incr. 2.00% Interest income: 1.85% Resources Available for Maintenance Dredging Start-up and Total Maintenance Maintenance Maintenance Available Ending FYE Tax Beginning Transfer from Interest Reserve from Total Dredging Less Balance After 7131 Year Balance Bond Fund Earnings Bonds Available Expense Expenses City Advance City Advance 2002 2001 0 0 0 0 2003 2002 0 0 0 0 0 232,747 (232,747) 232,747 0 2004 2003 0 0 0 0 0 0 0 0 2005 2004 0 0 0 1,400,000 1,400,000 0 1,400,000 0 1,400,000 2006 2005 1,400,000 0 25,900 1,425,900 0 1,425,900 0 1,425,900 2007 2006 1,425,900 0 26,379 1,452,279 0 1,452,279 0 1,452,279 2008 2007 1,452,279 0 26,867 1,479,146 350,000 1,129,146 0 1,129,146 2009 2008 1,129,146 0 20,889 1,150,036 357,000 793,038 0 793,036 2010 2009 793,036 0 14,671 807,707 364,140 443,567 0 443,567 2011 2010 443,567 0 8,206 451,773 311,423 80,350 0 80,350 2012 2011 80,350 382,477 1,486 484,313 378,851 85,462 0 85,462 2013 2012 85,462 389,125 1,581 476,168 386,428 89,739 0 89,739 2014 2013 89,739 423,500 1,660 514,900 394,157 120,743 0 120,743 2015 2014 120,743 436,250 2,234 559,226 402,040 157,186 0 157,186 2016 2015 157,186 362,250 2,908 522,344 410,081 112,264 0 112,264 2017 2016 112,264 402,500 2,077 516,840 418,282 98,558 0 98,558 2018 2017 98,558 356,000 1,823 456,381 428,648 29,733 0 29,733 2019 2018 29,733 520,000 550 550,283 435,181 115,102 0 115,102 2020 2019 115,102 398250 2,129 515,482 443,885 71,597 0 71,597 2021 2020 71,597 397,250 1,325 470,172 452,162 17,409 0 17,409 2022 2021 17,409 414,250 322 431,981 461,818 (29,836) 29,836 0 2023 2022 0 449,250 0 449,250 471,054 (21,804) 21,804 0 4,931,102 141,008 1,400,000 6,756,497 284,387 Padre • Tax Increment Finance District �k �P M qj Co.P F,a on —■ me ■ ■■ 1 uby Park ME ME =x ME �x x ��mxi ixixixm to of Texas � - _:it IIINININ Beach Access RD 4 =s _= Legend Parcels TIF Area Padre Balli County Park o 01 0 2 0 Miles MDN 2/20/03 Source: Department of Development Services 1 / r .■..� `i ►ter , 11��i ,►� - , UOMMIUM-1 - of- CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Current Land Use . _ �, "Lo P , . )oo" 4 : 1IVHIT � k � r Legend OTIRZ#2 Drainage Corridor Professional Office Current Land Use Park Commercial Q Vacant Low Density Residential Public-Semi Public;PSP Water ��/�Medium Density Residential Light Industrial Natural Area ��:High Density Residential Heavy Industrial ,1;-:Wetland 0 Mobile Home 0 1,450 2,900 5,800 Printing Date:8/26/2009 Feet File:H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\clu.mxd Prepared By:MikeN ©City of Corpus Christi,Texas �OO�♦•i ••i N i Gni�;-�/N��.,�•N;4��N - ��1,�Ni/1nAlin non '♦•.��♦♦iN•♦,♦•♦i•��,.... � II= 1..r...c- / 1.11111■■j1r■■n,,•,��•• ♦♦I � > I = 'q oil 10 RIP ''�� r�unpp��pii-.`,.0 •..i•,�•.,�"%/':F�iii:;pD�.��' ;�. , ��%`�%� �, iii„� X41,,•ip�•. 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CJI/ ♦gip Iij iii��o�` �•i.j11 `1 :� '•i��N14irN. _�N11i�vATIRZ #2 1 / • Zoning IN 1 I • 11 X11 -- WE =--� prA p _ YL - II I -`,a / ._ VAR . .. --- NOT TO SCALE N PgCKERY c HgNNEL NOW i T e - � � S ARTyolo�jE r+ 1 y Rl1Fw' �� wA ve PHASE 1 -SEAWALL PARKING LOT RESTROOMS PHASE 2 - PACKERY CHANNEL PARKING &OVERLOOKS x (NORTH &SOUTH SIDES) PHASE 3-PACKERY CHANNEL RESTROOMS r (NORTH &SOUTH SIDES) PHASE 4-ADA RAMPS TO JETTIES g'. (NORTH &SOUTH SIDES) PHASE 5-PACKERY CHANNEL PAVILION (NORTHSIDE) +" V PHASE 6-ADMINISTRATION & MAINTENANCE BUILDING ',` PHASE 7 -ADA PARKING LOT IMPROVEMENTS AT EXHIBIT F JETTIE RAMPS CITY COUNCIL EXHIBIT PACKERY CHANNEL CITY OF CORPUS CHRISTI, TEXAS SIX PA CK DEPARTMENT OF ENGINEERING SERVICES PROJECT LOCATION MAP PAGE: 1 of 1 DATE: 10/08/2013 R�. e• rr t ' o • INh - i F+ ay t. n Rq AT 11 ak �• " 5 St- t Aug St In Dr ju �W Windward @ St. Augustine Crosswalk �� -� �g5d4•e 4 L N e, 5 p t� t 4 � � ------------------------- c1.o�usc mnCr s m E $6 — � I e �I GLO LEASE TRACT 5 --—--——— NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN : NORTH AND SOUTH ACCESS TO PACKERY SCALE: 1 = 400' GN O,CORPUS CHRISM .1Y RRQIECi NC. JAN. 7, 2002 cHrururewc scRvlccs ucRnRmrcxr 5122 REV.7 ATTACHMENT No 2 Sh"t 7 of 6 I I It /r I jC rj- ��\ 140 IIF/� ,g 'meq cla tEnsE mw q � .-I u SUBLEASE AREA �f n D� � — — �cnsc.R�ct•� _ 75 � LS Q e a n h I S7 k I O / NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL I RESTORATION PROJECT y � PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES OVERALL PLAN — REACH I SCALE 1"=300 GN OF CORPUS CHRISR b1Y PRQ 1 Nc. NOV. 7, 2007 ENCINEERMc sERvsEs uEPnRn2ERr —2 ATTACHMENT No.2 Shoo!2 oT 6 .PROPOSED IN RSECnONh5 r WPRO EN15 9 16 1 1 — j— s OPROPSED RO40 AND 1 9 w¢ `. WTERSECnON M1IPROVEY oil .� F0''0i GLO LEASE niMTa i __ —_i — 1 \\/ p0 9`a 6' 3 Pa°p0a� W 0 C� aDT° I e� �cAt p>. °a�?t�' ,y" iy5 • �I� t ih O NOP 'sl ` O s "R,0 / r i° a J/ coNCRWP _ oo NORTH PADRE ISLAND STORM DAMAGE /�y"'"®nngn ✓ REDUCTION AND ENVIRONMENTAL + - RESTORATION PROJECT PACK nv ERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN VIEW SCALE: /"= 700' cm OP roRPus ONRISn .1 PRQIEOT DEC. 73,2007 ENGwEERW'o SERVICES DEPARTMENT Ivo.slay REV.1 ATTACHMENT No 2 Sh"t 9 of 6 - u I 12y V _ EA'OD/NG qREA ` ✓EGETA nON L NEu Azo /OQpOU I n I D GLO LE45E IaACi 1 u `(/(, j/ - _ PAR' 40 D _ PROP SED PACES. 7701V! t I , �s ZA ARK/NG SPAC ` 0 I� I� NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL as fa RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES r BEACH PARKING NORTH & SOUTH OF JETTIES SCALE: I-= 100' cm or roaaus cwa�sn ciry aaarci DEC. 73,2007 ExcwEEawc sEmicEs uEaavrucvr em.siaa REV.7 ATTACHMENT 14o.2 Sh"t 4 of 6 / 3.5 l.5 PP or.` INPRG15 x51opo / RE Q e E%ISGNG s ms _Z O� bl x a w ,e MP STARS __________ I 4.6 I I I 30o IR L./—J L _ �_�_�0.�.�_LJLJ' *4 7 I I I I ;a <I roNc.wA,K � mI E SnNG xA'2 I I� ' I GLERLGG l gl 2.9 qio � IMI I I x / 0• . AB { 6 4 x 1 GLG LE15E IRACT J — — — — — — — — — xa2 � — — U 9 O d NORTH PADRE ISLAND STORM DAMAGE p 7.2 QREDUCTION AND ENVIRONMENTAL X o 6µz L, RESTORATION PROJECT ,Nrfy\ Z Y a cLo usE R cr 2 O PACKERY CHANNEL j � PUBLIC & ENVIRONMENTAL FACILITIES O BEACH PARKING NORTH & SOUTH OF JETTIES SCALE: I"= 100' cnv or roRPus cNR,sn .1 PROJECT `VENDOR KpSK MEAS NOV. 7, 2007 ENGLYEERLVG SERVICES OEPMTMENT AYI.5122 REV.1 ATTACHMENT No 2 Sh"t 5 of 6 1� NORTH SIDE SOUTH SIDE --- ____�__I_____r____ ____ ____ ____I_____r--------------_i ___ _ __�___p,_r____ _ lml ------- , ____im - L____i�___J_____ ____L____J�L___L------- J-----L____i____i_____L ___L_ __ ____ ___ _ I rt9___7____,_____r____T____,_____r____1____,Ja___r____r____,_____r____r____,_____r ___7____,__ __! ___ __ _ ___r____r____,ra �1 ____1____J n 164+00 SEE DETAIL BELOW OVERLOOK 270' I 130' 140' I EL=6.55' Z 33' 64' 25' 8' w PROP. FILL PARKING AREA Z' 10______ INLET SIDEWALK "L10_ ------------------ - - -- --- -- ---- - - T - - --- - --- - --- -- - -------------- ----------------- OUTFALL 3 EXISTING GROUND z STRUCTURE — EL-5.25' Q BULKHEAD v -- ------ - -----F-MINOR --------------------------------- ------------- ---- ---- --------- --------------- 0 N----- ---------------------------------L--------- - --------------- - 0- / ---- - ----------- - -------------------------------- - BULKHEAD WATER EXCHANGE PIPE 1 �PROP. EL -10 EXIST. GROUND -10--------------- -------------------------------- --------------------- --- --------------------74.25— I I j I I I 1 I I 1 _20.....L____________________________________________________i____________________________________________________J_____________________________________________________-20 HORZ.SCALE: 1"= 10' NORTH SIDE o VERT. SCALE: 1 =5' 0 164+00 M N � NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKRY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES TYPICAL CROSS-SECTION NORTH PARKING LOT NEXT TO BULKHEAD cm or roaaus cwa�sn ciry aaarcr NOV. 7, 2001 cxcwcrnwc scmccs ucaaviucvr em.5iaa ATTACHMENT Na2 Sheet 6 of 6 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9, 2018 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement, parking lot, two concrete 447 Completed driveways, minor water and wastewater improvements, landscaping improvements, $640, March 2006 ,lighting improvements,and concrete pedestrian ramp. Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 1 Packery Channel South Parking Lot,Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly Completed constructed 300-space parking area including the construction of new planting islands $145,461 March 2008 with mexican fan palms,sea grape trees,decorative rock and irrigation. 3 Packery Channel Boat Ramp Parking Lot/Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat $1,053,176 total Ramp; construction of an access road and related signage and pavement markings, project cost. Completed and the installation of 1,000 square yards concrete reinforced pavement adjacent to $549,216 from July 2009 boat ramp, concrete bollards; minor drainage improvements; 3,500 linear feet of TIRZ#2 electrical conduits;and minor landscaping. 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to Completed prevent erosion and allow for discharge of water from the dredging operations to $431,377 discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at April 2010 the boat ramp to enhance shoreline protection. 5 Packery Channel South Parking Lot Restroom(Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach Completed seawall on Windward Drive. The project included separate men and women facilities to with $460,743 July 2010 showers,toilets,changing stations,outdoor seating area,and native landscaping. 6 Packery Channel Parking Lot and Overlooks(Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures, parking lot, access road, pedestrian walkways, storm water $2,869,224 Completed structures lighted bollards with electrical receptacles, lighting, landscaping, concrete benchesMarch 2012 and repairs to shoreline structures. 7 Packery Channel Aids to Navigation/Signage This project consisted of lighting improvements to Packery Channel as required for safety and Completed 0000 security along with signage to mark no wake zones. Per ISAC,additional funds needed to Revised 0/18 $64,500 December 2012, replace signs following Hurricane Harvey. $65, needs re lacln 8 Packery Channel Restroom Facilities(Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot. The project also includes turn-around and connector to Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2-inch force main(approximately 2,500 linear feet long) is Estimated also being planned. Priority Item. P&R recommends self contained, solar powered mobile units Revised 2/13/2018 to be placed at Packery Channel Parking Lot, end of Zahn Road and on South side of PC(at a $412,000 $263,618 completion: location yet to be determined) Build and Install portable restroom shelters to hold portable Spring 2019 restroom units at various locations. Build and Install Portable Shower units on the North and South side of Packery Channel. Board approval of 4 portable restroom facilities at$65,000 each plus 20%contingency and shower facilities at$100,000 total. page 1 of 3 9/18/2018 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9, 2018 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 9 Packery Channel Ramps to Jetties(Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom, lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel Revised 2/20/18 Estimated to provide access from the beach to the restrooms, lookouts and parking lots. This project was $35,000 $8,979 completion: designed as part of the Phase 2 project for parking and overlooks. Priority ITem: P&R January 2019 recommends a new design for structures since the GLO will not approve construction of parking lots on the beach. For Mobi-Mats per ISAC recommendation. 10 Packery Channel Dredging and Beach Nourishment The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment Last Completed along the Gulf shoreline to the south of Packery Channel, and 15,000 cubic yards of sand from $1,820,843 March 2012 the north to south end of the N. Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for Estimated visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon Revised 2/20/18 Completion: Fall available funding. P&R recommends further discussion on this item to determine if another $250,000 amenity would better suit the area. ISAC recommends Pavillion staged at the boat ramp parking 2019 lot as well as pavillion like structure on north and south side of the jetty. 12 Packery Channel Administration/Maintenance Building(Phase 6) This project includes a 30'x 60'maintenance building, a 20'x 20'administration building and a Moving Forward 100'x 1,000'parking lot near the entrance to the Packery Channel Lookout Areas just south of $0 with Nueces Zahn Road. Priority Item: P&R recommends facility be located on south side of channel to County reduce travel time for equipment and safety. Negotiations 13 Packery Channel ADA Parking Lot Improvements at Jetty Ramps(Phase 7) This project includes parking lots on the beach along the north side and the south side of the channel. Development of this project will be pending USACE and TGLO approval and MOVED TO ITEM authorization. Project initiation schedule pending availability of funds and completion of previous ##9 phases. GLO will not allow this to be built. P&R recommends reprogramming the funds. 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City $1,761,446 Annual assumed monitoring in 2008. The program includes the collection of bathymetric data in (Lifetime agreement. Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent Expenses to Pending scope as beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland Date) of August 2018. channel segment. 15 Packery Channel Revetment Repair Storm surge,strong currents,and waves from Hurricane Harvey caused damage to the slope protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 bridge and the Gulf of Mexico. Repair concepts will be developed for two alternatives;one to return the project to its approximate pre-storm conditions,and another to upgrade the project to Added 2/13/18 Design Started as an improved condition that is more resilient to future storm impacts.The City will procure a $600,000 of August 2018 design consultant through the RFQ process,and the selected firm will prepare the construction plans. Post design,construction will be procured. page 2 of 3 9/18/2018 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9, 2018 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 16 Park Road 22 Bridge On February 21,2017,the TIRZ#2 board met and approved the amendment of using funds from Added 2/20/2018 TIRZ#2 to support the construction of two one-way bridges spanning Park Road 22.City Council approved this amendment on February 20,2018. $4,000,000 17 Beach Crosswalk at St.Augustine&Windward Dr. Per request of the Island Strategic Action Committee:Traffic improvement on Windward Drive at Saint Augustine Drive,for pedestrian crossing on Windward Drive to facilitate access to and from Michael J.Ellis Beach.Scope of work includes:crosswalk,access ramps,traffic signs,and 32 000 pavement markings.Estimated costs are$23,000 for the crossing and associated traffic improvements;$9,000 for solar powered flashing LED crossing signs. page 3 of 3 9/18/2018 City of Corpus Budget Reinvestment Zone No. 2 Fund 1111 Detail Original Proposed BudgetAccount Revenues Budget Budget Revenues Number Account Description 2016- 2017 2017 - 2018 2017 - 2018 2017 - 2018 2018- 2019 Reserved for Encumbrances $ 910,000 $ 990,000 $ - Reserved for Commitments 6,082,624 8,260,716 11,957,165 Unreserved - - - Beginning Balance $ 6,992,624 $ 9,250,716 $ 11,957,165 Property Taxes 300020 RIVZ#2 current taxes-City $ 2,055,446 $ 2,307,516 $ 2,307,516 $ 2,307,516 $ 2,412,597 300050 RIVZ#2 current taxes-County 1,037,197 1,164,191 1,164,191 1,164,191 1,171,473 300060 RIVZ #2 current taxes-Hospital 428,228 480,716 480,716 474,497 488,618 300110 RIVZ#2 delinquent taxes-City 28,284 20,753 20,753 19,015 18,998 300130 RIVZ#2 delnquent taxes-Del Mar 20 - - 1 - 300140 RIVZ#2 delinquent taxes-County 15,268 12,040 12,040 10,384 10,500 300150 RIVZ#2 delinqnt taxes-Hospital 6,341 4,927 4,927 4,550 4,600 300210 RIVZ#2 P&I - City 33,489 26,662 26,662 24,958 25,000 300230 RIVZ#2 P&I - Del Mar 22 - - 2 - 300240 RIVZ#2 P&I - County 17,108 14,027 14,027 11,723 12,001 300250 RIVZ#2 P&I-Hospital District 7,108 7,923 7,923 7,180 7,201 Property Taxes Total $ 3,628,510 $ 4,038,755 $ 4,038,755 $ 4,024,017 $ 4,150,988 Interest and Investments 340900 Interest on Investments $ 24,212 $ - $ - $ 78,865 $ 130,000 340995 Net Inc/Dec in FV of Investments (806) - - 806 - Interest and Investments Total $ 23,406 $ - $ - $ 79,671 $ 130,000 Interfund Charges 352000 Transfer from Other Fund $ - $ 757 $ 757 $ 757 $ - Interfunds Charges Total $ - $ 757 $ 757 $ 757 $ - Revenue Total $ 3,651,917 $ 4,039,512 $ 4,039,512 $ 4,104,445 $ 4,280,988 Total Funds Available $ 10,644,541 $ 13,355,161 $ 16,238,153 Note: Reinvestment Zone #2, commonly referred to as Packery Channel was created pursuant to the Tax Increment Financing Act to facilitate development of the land within the boundaries of the tax increment zone. The Zone became effective on November 14, 2000. The funding source is post-2000 incremental property taxes from taxing units with property within the boundaries of the zone. City of • . Budget ExpenditureReinvestment Zone No. 2 Fund 1111 Detail by Organization Actual Original Amended Estimated Proposed BudgetOrg. Expenses Budget Budget Expenses OrganizationNumber 11305 TIF02 Projects Infrastructure $ - $ - $ - $ - $ 650,000 12960 Packery Patrol Operations 32,781 - - - - 55000 Principal retired 990,000 1,070,000 1,070,000 1,070,000 1,240,000 55010 Interest 353,700 309,150 309,150 309,150 261,000 55040 Paying agent fees 5,694 6,000 6,000 6,000 6,000 60010 Transfer to General Fund 11,649 12,846 12,846 12,846 13,929 Expenditure Total $ 1,393,824 $ 1,397,996 $ 1,397,996 $ 1,397,996 $ 2,170,929 Reserved for Encumbrances $ 990,000 $ - $ - Reserved for Commitments 8,260,716 11,957,165 14,067,224 Unreserved - - - Closing Balance $ 9,250,716 $ 11,957,165 $ 14,067,224 MARKET AND ECONOMIC FEASIBILITY STUDY UPDATE Tax Increment Reinvestment Zone #2 Corpus Christi, Texas �a m n1 2 0 Prepared for: Prepared by: The City of Corpus Christi Economic Development Office P.O. Box 9277 CDS %man Corpus Christi, Texas 78469-9277 SI'ILLETTE' " September, 2009 Strategic Urban Consulting Alliance Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas TABLE OF CONTENTS TABLE OF CONTENTS..............................................................................................................................i TABLE OF EXHIBITS................................................................................................................................ii INTRODUCTION..................................................................................................................................... 1 ECONOMIC AND DEMOGRAPHIC OVERVIEW.........................................................................................2 Regional Economic Trends ......................................................................................................................... 2 Employmenttrends....................................................................................................................................2 Corpus Christi Regional Economy...............................................................................................................5 DemographicTrends..................................................................................................................................6 RegionalDemographics......................................................................................................................... 6 Regional Demographic Trends............................................................................................................... 7 City of Corpus Christi Demographics...................................................................................................... 7 TIRZDemographics................................................................................................................................9 MARKET OVERVIEW............................................................................................................................ 13 TIRZ#2 Development Trends...................................................................................................................13 Residential................................................................................................................................................14 Commercial ..............................................................................................................................................15 Multi-Tenant Commercial Uses............................................................................................................ 15 Tourismand Hospitality....................................................................................................................... 16 PROPERTY ACCOUNT AND TIRZ VALUE ANALYSIS................................................................................ 17 HistoricalValue Trends.............................................................................................................................17 TIRZ Value Estimation and Projection......................................................................................................19 CDS I Spillette i Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas TABLE OF EXHIBITS Corpus Christi MSA Employment Trends................................................................................................3 Mapof Corpus Christi MSA....................................................................................................................2 Corpus Christi MSA Employment Growth ..............................................................................................2 2007 Major Employers—Corpus Christi MSA.........................................................................................4 CorpusChristi MSA Job Growth.............................................................................................................5 County Population and Employment Forecasts......................................................................................5 Corpus Christi MSA Demographic Overview ..........................................................................................6 NetPopulation Migration......................................................................................................................7 Population and Age Trends—City of Corpus Christi Total.......................................................................8 City Population and Employment Forecasts...........................................................................................8 TIRZ#2 Map..........................................................................................................................................9 Population and Age Trends in TIRZ#2..................................................................................................10 HouseholdCharacteristics...................................................................................................................11 HouseholdSize....................................................................................................................................11 HouseholdIncome Distribution........................................................................................................... 12 TIRZ#2 Building Permit Trends............................................................................................................13 MedianHome Sale Prices....................................................................................................................14 Trendsin Home Sale Prices..................................................................................................................15 Historical TIRZ#2 Taxable Assessed Value Compound Annual Growth Trends.....................................18 Estimation of Current TIRZ Value by Property Class.............................................................................20 Projected Increases in TIRZ Values by Property Class...........................................................................20 TortugaDunes Value Schedule............................................................................................................20 Participating Jurisdiction Base Year Values..........................................................................................20 Project TIRZ#2 Assessed Value by Participating Jurisdiction................................................................20 CDS I Spillette ii Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas INTRODUCTION This report is an update to two previous reports prepared by Economics Research Associates for City of Corpus Christi Tax Increment Zone#2 (TIRZ#2) in 2000 and 2002. It discusses the current economic and market conditions affecting the TIRZ. These conditions provide the foundation to an updated set of TIRZ #2 assessed value projections provided at the end of this report. CDS I Spillette 1 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas ECONOMIC AND DEMOGRAPHIC OVERVIEW Regional Economic Trends The Corpus Christi Metropolitan Statistical Area (MSA) includes Map of Corpus Christi MSA Aransas, Nueces and San Patricio Counties, illustrated in the map on the ism. R E F W p,0 right. The city of Corpus Christi is the _. '` "' economic center of the MSA and the larger region served by the Coastal Bend Council of Governments. ,,. ............ The region currently has a population mow' .•.N- A T... �. of 417,000 and an employment of ,.x,• �,,� 180,000. Employment trends The employment growth of the region has been positive with a compound °°`°s annual growth rate of slightly over 1.0% since 1997, roughly approximating the U.S. employment growth. However, the current national economic climate has brought a recent decline in employment in the region. Corpus Christi MSA Employment Growth The table on the following page illustrates the employment by selected s 5.0% 185,000 economic sectors from 2000 to July 3 4.0% • 180,000 2009. From an economic base f standpoint, the strongest sectors are 4� 3.0% 175,000 mining and construction. Other ai 2.0% • 170,000 4� significant growth is occurring in the >, •. ; •.� 165,000 a sectors, "educational and health a 1.0% . •. • • •• 160,000 C services" and "leisure and hospitality" ,y 0.0% •• which accounted for 54%of the growth � • • 155,000 from 2000 to July 2009. a) -1.0% ; 150,000 u' i The sectors in the Corpus Christi MSA a -2.0% • 145,000 that have seen little job growth are N 0) 0 0 0 0 0 manufacturing (due partly to technological advances) and Information services. Source:Texas Workforce Commission,Texas A&M Real Estate Center CDS I Spillette 2 Economic Study Update-Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Corpus Christi MSA Employment Trends EmploymentAnnual Average NAICS Industry 000 00 2000 2005 2007 2009* 2005 2009 Total Nonfarm Employment 166,100 170,000 177,100 180,100 3,900 10,100 Total Private 134,500 137,600 144,200 146,857 3,100 9,257 Goods Producing 28,700 28,200 31,500 31,129 -500 2,929 Mining and Construction 15,700 17,600 20,500 20,700 1,900 3,100 Construction of Buildings 6,200 5,500 6,400 6,471 -700 971 Manufacturing 13,100 10,600 11,100 10,429 -2,500 -171 Service Providing 137,300 141,800 145,600 148,971 4,500 7,171 Private Service Providing 105,800 109,400 112,700 115,729 3,600 6,329 Trade,Transportation,and Utilities 29,900 30,500 31,800 32,371 600 1,871 Wholesale Trade 5,100 5,300 5,600 5,686 200 386 Retail Trade 19,300 20,100 20,800 21,043 800 943 General Merchandise Stores 4,100 4,300 4,100 4,400 200 100 Transportation,Warehousing,and Utilities 5,400 5,100 5,400 5,643 -300 543 Information 3,200 2,600 2,500 2,329 -600 -271 Financial Activities 7,700 7,700 8,200 8,129 0 429 Finance and Insurance 4,700 4,700 4,900 4,900 0 200 Professional and Business Services 16,300 16,200 16,300 16,429 -100 229 Admin/Support/Waste Mgmt&Svcs 10,600 9,900 9,500 9,657 -700 -243 Educational and Health Services 24,100 26,100 26,600 28,786 2,000 2,686 Hospitals 7,200 8,000 7,500 7,943 800 -57 Leisure and Hospitality 17,700 19,800 20,700 20,557 2,100 757 Other Services 6,900 6,400 6,600 7,129 -500 729 Government 31,600 32,400 32,900 33,243 800 843 Federal Government 5,800 6,200 6,500 6,629 400 429 State Government 4,400 4,500 4,600 4,943 100 443 Local Government 21,400 21,600 21,800 21,671 200 71 Source:Texas Workforce Commission,2009 *2009 Data is averaged through July CDS I Spillette 3 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas The table on the right lists the 2008 Major Employers—Corpus Christi MSA major employers in the Corpus Christi MSA. Government Employer Type of Civilian agencies (local and military) Product or Service Employment and health care institutions CHRISTUS Spohn Health System Hospital 5,400 disproportionately represent Corpus Christi ISD School District 5,178 the major employers in the H.E.B. Grocery Company 5,000 region. Corpus Christi Army Depot Helicopter Repair 4,876 The scheduled closing of the City of Corpus Christi City Government 3,171 Naval Station Ingleside will Bay, Ltd. Industrial Construction 2,100 adversely impact the regional economy but will not likely be Naval Air Station-Corpus Christi Flight Training 1,630 devastating. According to the Del Mar College Junior College 1,542 2005 Report' on the Driscoll Children's Hospital Hospital 1,500 announced closings, direct job Corpus Christi Medical Center Hospital 1,300 losses in the three facilities First Data Corporation Teleservices 1,200 will total 3,154 and the indirect job loss of 3,879 for a Susser Holdings Corporation Convenience Stores 1,100 total of 7,033 jobs lost (4% of Nueces County County Government 1,034 regional employment). Texas A&M Corpus Christi Four-year University 991 There is some concern over Flint Hills Resources Crude Oil Refining 920 the future of the Corpus Kiewit Offshore Services Offshore Rig Manu. 900 Christi Army Depot helicopter Corpus Christi State School Special-needs Facility 850 repair center when the US Valero Refining Crude Oil Refining 824 involvement in Iraq and Sherwin Alumina Alumina 800 Afghanistan is reduced. The impact is unknown at this Sam Kane Beef Processors Beef Processing 800 time. Flour Bluff ISD School District 750 Source: Corpus Christi Regional Economic Development Corporation,Regional Profile, June 2009 Report of the Impact of the 2005 Base Realignment and Closure Committee Recommendations for Naval Station Ingleside, Naval Station Corpus Christi,and Corpus Christi Army Depot,prepared by Impact Data Source,December 2005 CDS I Spillette 4 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Corpus Christi Regional Economy The Corpus Christi regional Corpus Christi MSA Job Growth economy has two strong underpinnings: 1) a strong Compared with Texas and the U.S. industrial base and 2) a Iudea,Ja„uaiy 197D=100 healthy tourism industry. 334 Hith oil price Low oil price High-to-h boom According to a recent report 280 } from the San Antonio office of the Federal Reserve, the 230 Corpus Christi economy has TMS Corpua Christi grown consistently, tracking 190 the U.S. economy since 1987 130us. (See chart at the right). Oil prices have been a key driver of the regional economy in the f1 .`3 f5 'P f9 81 93 '85 's,` 89 '91 93 13 '9f 'i9 U1 J& 46 'JJ past but the oil price spike of souaCE3.Bureau afLaho 3tatishcs,Texas Noikforce Commission. 2006 and 2007 was not felt significantly in Corpus Christi. Graphic From: VISTA, South Texas Economic Trends and Issues, Corpus Christi: An Economy in Transition, Federal Reserve Band of Dallas, San Antonio Branch, Future economic growth in Winter 2007/2008 the Corpus Christi region is expected to less dependent on the oil and gas sectors and be generated by: • the expansion of trade through the port, • becoming a center for alternative energy sources (stimulated by the wind energy research activities being proposed for the area), • tourism, and • a burgeoning retirement community. Population and Employment Forecasts County Population and Employment Forecasts The table on the right illustrates the 2006 population and employment forecasts Population produced by the agency responsible for Nueces County 325,745 443,722 117,977 1.1% transportation planning in the region. San Patricio County 83,821 117,856 34,035 1.2% Aransas County is not included because it is not in the MPO's planning area. The key Total 409,566 561,578 152,012 1.1% Total Employment result is that local planners are expecting long-term moderate growth in the region, Nueces County 159,863 231,844 71,981 1.3% consistent with recent trends in the 1.0% San Patricio County 18,204 25,617 7,413 1.2% to 1.2% range. Total 178,067 257,461 79,394 1.32d *CAGR=Compound Annual Growth Rate Source:Corpus Christi Metropolitan Planning Organization CDS I Spillette 5 Economic Study Update-Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Demographic Trends Regional Demographics The table below illustrates some recent demographic trends for the Corpus Christi MSA. Demographic data in this report is from PCensus for Mapinfo, which is a reseller of Claritas, Inc. demographic data. According to PCensus estimates, over the past 9 years since the 2000 census, the region has added 14,201 persons (3.5%) and 9,128 households. The PCensus 2009 population estimate is reasonably close to the U.S. Census estimate for July 2008 of 415,376. Corpus Christi MSA Demographic Overview Characteristic 000 Census 2009 Estimate 2014 Projection Count I Share Count FShare Count Share Total Population 403,280 417,481 428,381 Population by Age Age 17 and under 115,341 28.6% 112,513 27.0% 113,887 26.6% Age 18 and over 287,939 71.4% 304,968 73.0% 314,494 73.4% Age 65 and over 46,481 11.5% 52,951 12.7% 59,711 13.9% Median Age 33.6 35.2 35.4 Population by Ethnicity and Race Hispanic or Latino 212,703 52.7% 234,299 56.1% 248,264 58.0% White (Non-Hispanic) 165,523 41.0% 157,458 37.7% 153,838 35.9% Black or African American (Non-Hispanic) 14,788 3.7% 13,665 3.3% 13,120 3.1% Native (Non-Hispanic) 1,270 0.3% 1,421 0.3% 1,519 0.4% Asian (Non-Hispanic) 4,461 1.1% 5,280 1.3% 5,778 1.3% Pacific Islander(Non-Hispanic) 201 0.0% 207 0.0% 210 0.0% Other Race (Non-Hispanic) 409 0.1% 390 0.1% 381 0.1% Two or More Races (Non-Hispanic) 3,925 1.0% 4,761 1.1% 5,271 1.2% Households by Household Income Less than $15,000 $15,000 to$24,999 29,193 20.6% 25,569 17.0% 24,390 15.6% $25,000 to$34,999 21,252 15.0% 19,607 13.0% 18,878 12.1% $35,000 to$49,999 19,508 13.8% 18,634 12.4% 18,130 11.6% $50,000 to$74,999 23,703 16.8% 23,952 15.9% 24,027 15.4% $75,000 to$99,999 24,997 17.7% 28,354 18.8% 29,280 18.8% $100,000 to$149,999 12,134 8.6% 15,427 10.2% 17,009 10.9% $150,000 to$249,999 6,970 4.9% 13,086 8.7% 16,242 10.4% $250,000 to$499,999 2,635 1.9% 3,997 2.7% 5,484 3.5% $500,000 or more 836 0.6% 1,507 1.0% 1,818 1.2% Median Household Income 302 1 0.2% 586 0.4% 831 0.5% Source: PCensus for Mapinfo,Tetrad Computer Applications,2009 CDS I Spillette 6 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Regional Demographic Trends According to the previously cited report from the Federal Net Population Migration Reserve, the Corpus Christi Corpus Christi MSA region's recent population trends have been somewhat Not migration weak. One such measure of 4.000- population growth is the net 2.000 population migration. A region o JkMFML�n can have positive population growth because of a net -2,000 number of births over deaths -4.000- yet still have a net out- -6.000 migration of people from the community. This appears to be -9.000 the case for the Corpus Christi 1991 1992 1993 1994 1995 1996 1997 1998 1999 2900 2001 2002 2003 2004 2005 region in the last decade. NOTE:Net migration was zero in 2000 and 53 in 2005. SOURCE:Census Bureau. Generally, if area businesses are prosperous and creating Graphic From: VISTA,South Texas Economic Trends and Issues, Corpus Christi:An new jobs, the region will have Economy in Transition, Federal Reserve Band of Dallas, San Antonio Branch, net immigration. According to Wi nte r 2007/2008 the Fed report, "Corpus Christi experienced positive net domestic migration through 1997, but it fell to negative in 1998, where it remained through 2003. Net domestic migration became positive again in 2004 and 2005, but just slightly. International immigration increased somewhat in the 1990s, but it too has experienced a general downward trend in the 2000s. Net internal growth has also slowed since the 1980s, with births decreasing and deaths increasing. Overall population growth and, in particular, net migration show Corpus Christi has grown sluggishly over the past two decades." City of Corpus Christi Demographics The City of Corpus Christi has, within the municipal boundaries, over two-thirds of the residents of the region with a current estimated population of 287,168. Like the region, the City's growth over the past nine years has been modest (9,714 added, 3.5%). The table on the following page illustrates the historical and expected future population by age group. The population of the City is getting slightly older with most of the change occurring in the 35-44 year old group. CDS I Spillette 7 Economic Study Update-Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Population and Age Trends-City of Corpus Christi Total 000 Census 2009 Estimate 2014 Estimate Change GroupAge Count Share Count Share Count Share 0002009- 2009 2014 Total Population 277,454 287,168 294,563 9,714 7,395 Age 0 to 4 21,544 7.8% 22,243 7.8% 23,105 7.8% 699 862 Age 5 to 9 21,592 7.8% 21,518 7.5% 21,973 7.5% -74 455 Age 10 to 14 21,487 7.7% 20,809 7.3% 21,236 7.2% -678 427 Age 15 to 17 13,439 4.8% 12,521 4.4% 12,070 4.1% -918 -451 Age 18 to 20 13,329 4.8% 12,791 4.5% 12,697 4.3% -538 -94 Age 21 to 24 16,058 5.8% 16,567 5.8% 16,327 5.5% 509 -240 Age 25 to 34 37,792 13.6% 37,792 13.1% 39,694 13.5% 0 1,902 Age 35 to 44 43,275 15.6% 36,898 12.9% 35,129 11.9% -6,377 -1,769 Age 45 to 49 19,928 7.2% 20,455 7.1% 18,549 6.3% 527 -1,906 Age 50 to 54 16,657 6.0% 20,261 7.1% 19,715 6.7% 3,604 -546 Age 55 to 59 12,024 4.3% 17,612 6.1% 19,236 6.5% 5,588 1,624 Age 60 to 64 9,527 3.4% 13,860 4.8% 16,568 5.6% 4,333 2,708 Age 65 to 74 16,944 6.1% 17,541 6.1% 21,490 7.3% 597 3,949 Age 75 to 84 10,533 3.8% 11,561 4.0% 11,372 3.9% 1,028 -189 Age 85 and over 3,325 1.2% 4,739 1.7% 5,402 1.8% 1414 663 Age 16 and over 208,504 75.2% 218,504 76.1% 224,315 76.2% 10,000 5,811 Age 18 and over 199,392 71.9% 210,077 73.2% 216,179 73.4% 10,685 6,102 Age 21 and over 186,063 67.1% 197,286 68.7% 203,482 69.1% 11,223 6,196 Age 65 and over 30,802 11.1% 33,841 11.8% 38,264 13.0% 3,039 4,423 Median Age 33.2 34.8 35.1 1.6 0.2 Average Age 34.7 36.2 36.8 1.5 0.6 Source: PCensus for Mapinfo,Tetrad Computer Applications,2009 Population and Employment Forecasts for City of Corpus Christi City Population and Employment Forecasts The table at the right shows the 2006 2035 Change CAGR* forecast of population and employment provided by the MPO. Po ulation 294,075 399,328 105,253 1.1% The current estimates differ Total Employment 156,632 223,715 67,083 1.2% somewhat from other sources such as *CAGR=Compound Annual Growth Rate the Census. Nevertheless, the Source:Corpus Christi Metropolitan Planning Organization principal point of these forecasts is that they demonstrate long-term growth rates consistent with past trends-continued slow growth. CDS I Spillette 8 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas TIRZ Demographics In the 2000 Census, only 908 persons resided in the designated for TIRZ #2 shown below. According to the PCensus estimates, that number increased by 288 persons to 1,196 in 2009. TIRZ#2 Map Co.Park 1 I� �Iruby Park recap Blvd 'Cp 4yr to of Texas `fig MAiiL m Beach Access RD 4 gnu mFll4S.vic a Legend Parcels TIF Area Padre Belli fi`�..... County Park N 1 R' F F S s u.mir. Source:The City of Corpus Christi CDS Spillette 9 Economic Study Update-Tax Increment Reinvestment Zone#2 Corpus Christi,Texas The population in TIRZ#2, as illustrated in the table below, has a marked lack of children and overall lack population under the age of 20. This population makes up only 12.2%of the total population in TIRZ#2, while this group comprises 31.5% of the population of the City of Corpus Christi overall. The TIRZ also has a higher share of persons over age 65. Population and Age Trends in TIRZ#2 000 Census 2009 Estimate 2014 Estimate Change GroupAge Number Share Number Share Number Share 000 00• 00• 2014 Total Population 908 1,196 1,343 288 147 Age 0 to 4 29 3.2% 34 2.9% 39 2.9% 5 5 Age 5 to 9 22 2.5% 40 3.4% 41 3.0% 18 1 Age 10 to 14 25 2.8% 37 3.1% 47 3.5% 12 10 Age 15 to 17 22 2.5% 17 1.4% 22 1.6% -5 5 Age 18 to 20 30 3.3% 16 1.4% 23 1.7% -14 7 Age 21 to 24 87 9.55% 43 3.6% 30 2.3% -44 -13 Age 25 to 34 168 18.5% 209 17.4% 180 13.4% 41 -29 Age 35 to 44 139 15.3% 201 16.9% 235 17.5% 62 34 Age 45 to 49 78 8.5% 96 8.0% 115 8.6% 18 19 Age 50 to 54 77 8.5% 118 9.9% 125 9.3% 41 7 Age 55 to 59 53 5.9% 106 8.8% 130 9.7% 53 24 Age 60 to 64 48 5.4% 82 6.9% 111 8.3% 34 29 Age 65 to 74 88 9.7% 107 8.9% 138 10.2% 19 31 Age 75 to 84 39 4.3% 72 6.0% 76 5.7% 33 4 Age 85 and over 1 0.2% 18 1.5% 30 2.2% 17 12 Age 16 and over 826 91.0% 1,080 90.3% 1,213 90.3% 254 133 Age 18 and over 808 89.1% 1,068 89.3% 1,195 89.0% 260 127 Age 21 and over 779 85.8% 1,052 88.0% 1,172 87.2% 273 120 Age 65 and over 129 14.2% 196 16.4% 244 18.1% 67 48 Median Age 40.3 45.0 47.4 4.7 2.3 Average Age 41.1 44.7 46.4 3.7 1.7 Source:PCensus for Mapinfo,Tetrad Computer Applications,2009 CDS I Spillette 10 Economic Study Update-Tax Increment Reinvestment Zone#2 Corpus Christi,Texas The tables on this page Household Characteristics illustrate household TIRZ#2 characteristics for TIRZ #2 off compared with the City of _ Corpus Christi. The ' overwhelming majority of Non-family households 279 373 420 households in the TIRZ 1 person 227 81.3% 310 83.0% 351 83.7% being one-person non- 2persons 46 16.6% 56 15.0% 60 14.2% family and two-person family households further 3 persons 5 1.9% 7 1.7% 8 1.8% illustrates of the lack of 4 or more persons 1 0.4% 1 0.3% 1 0.2% children in the TIRZ. In Family households 230 304 342 fact, the quantity of non- 2 persons 168 73.0% 222 73.1% 251 73.3% family households exceeds 3 persons 33 14.5% 45 14.7% 50 14.7% family households in the TIRZ; this is in stark 4 or more persons 28 12.2% 37 12.2% 41 12.0% contrast to the city overall, where there are more than City of Corpus Christi twice the number of family 2000 2009 2014 households versus non- Household Type family households in the Count Share I Count city. Non-family households 28,326 29,817 30,740 The table at the bottom of 1person 22,956 25,094 84.2% 26,203 85.2% 85.4% the page shows that the 2persons 4,428 3,869 13.0% 3,688 12.0% 11.8% average household size 3persons 633 605 2.0% 600 2.0% 1.9% was also substantially 4ormorepersons 309 249 0.8% 249 0.8% 0.8% lower in the TIRZ (1.75) Family households 70,465 74,458 76,907 compared to 2.70 persons per household in the City. 2persons 25,058 27,490 36.9% 28,810 37.5% 37.6% 3persons 17,334 18,629 25.0% 19,341 25.2% 25.2% 4ormorepersons 28,073 28,339 38.1% 28,756 37.4% 37.3% Source: PCensus for Mapinfo,Tetrad Computer Applications,2009 Household Size TIRZ#2 vs. Corpus Christi Average Household Size 1 000 2009 1 2014 TI RZ#2 1.77 1.75 1.75 City of Corpus Christi 2.75 2.70 2.68 Source: PCensus for Mapinfo,Tetrad Computer Applications,2009 CDS I Spillette 11 Economic Study Update-Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Household Income Distribution The tables on this page TIRZ#2 vs. Corpus Christi-Nominal Dollars illustrate the household 2000 , 2014 income characteristics TIRZ#2 Count Share Count Count of the area in the TIRZ I Share Share and the City of Corpus Total Households 521 677 762 Christi. Less than $15,000 86 16.6% 109 16.1% 120 15.8% Overall, the income $15,000 to$24,999 51 9.7% 70 10.3% 79 10.4% distribution in the TIRZ $25,000 to$34,999 78 15.1% 91 13.5% 91 12.0% mirrors that of the City $35,000 to$49,999 97 18.7% 129 19.1% 150 19.7% of Corpus Christi closely, $50,000 to$74,999 102 19.5% 125 18.5% 130 17.1% except on a per capita $75,000 to$99,999 55 10.6% 75 11.1% 91 11.9% basis; this is likely due $100,000 to$149,999 24 4.7% 39 5.8% 52 6.9% the lack of children $150,000 to$244,999 21 4.1% 30 4.5% 37 4.9% residing in the TIRZ. $250,000 to$499,999 6 1.1% 7 1.0% 9 1.2% The table at the bottom $500,000 or more 1 0.2% 1 0.2% 2 0.3% of the page includes a CORPUS CHRISTI comparison of average, Total Households 98,779 104,275 107,647 median and per capita Less than $15,000 19,524 19.8% 17,241 16.5% 16,459 15.3% household income for $15,000 to$24,999 14,684 14.9% 13,290 12.8% 12,739 11.8% the two geographies in $25,000 to$34,999 13,319 13.5% 12,869 12.3% 12,502 11.6% constant 2009 dollars. $35,000 to$49,999 16,639 16.8% 16,429 15.8% 16,382 15.2% According to the $50,000 to$74,999 17,987 18.2% 19,825 19.0% 20,405 19.0% PCensus estimates, $75,000 to$99,999 8,734 8.8% 11,007 10.6% 12,008 11.2% household incomes in $100,000 to$149,999 5,159 5.2% 9,302 8.9% 11,460 10.7% the TIRZ are declining $150,000 to$244,999 1,873 1.9% 2,831 2.7% 3,852 3.6% more than double the $250,000 to$499,999 614 0.6% 1,039 1.0% 1,236 1.2% amount as the city as a whole. This maybe due $500,000 or more 246 0.3% 442 0.4% 604 0.6% to the increasing number of retirees living in the TIRZ. Measure 2000 2009 Change Geography Adjusted I Projection % Average household income TIRZ#2 $69,976 $57,359 -18.03% City of Corpus Christi $61,407 $57,050 -7.10% Median household income TIRZ#2 $53,460 $42,983 -19.60% City of Corpus Christi $46,734 $42,978 -8.04% Per capita household income TI RZ#2 $40,598 $32,468 -20.03% City of Corpus Christi 1 $22,203 1 $21,009 1 -5.38% Source: PCensus for Mapinfo, Tetrad Computer Applications, 2009 2000 Income statistics where adjusted to 2009 dollars using the CPI-U CDS Spillette 12 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas MARKET OVERVIEW TIRZ #2 Development Trends The table below illustrates the 2003 - 2009 record of building permits within TIRZ #2. Up to now, condominium and commercial development has dominated within the TIRZ, as opposed to single family homes. Commercial permitting for new shells or buildings occurred throughout the period (see the Commercial summary below). The most significant category of permitting was new condominiums or townhouses, particularly from 2006 to 2008, during which the City issued 68 permits for new construction. The most significant new development project planned for the TIRZ at the present time is Tortuga Dunes, located immediately north of the Packery Channel. This will be an upscale residential development with a strict Caribbean-style architectural theme. Phase I of the development includes 92 single family lots plus townhome sites which are being marketed now. There is also land reserved for a Phase 11 with additional home lots and potentially condominiums. The developer projects the first homes to be built in 2010, with the pace of construction picking up rapidly in 2011. A Holiday Inn Express is reportedly planned for 14100 South Padre Island Drive. TIRZ#2 Building Permit Trends Number of Permits 2003 2004 2005 2006 2007 2008 2009 Commercial New commercial shell only 1 3 6 New commercial building 2 9 3 2 Residential New apartments 1 New condo/townhouse 2 4 35 11 22 New single family 1 1 1 2 3 Commercial New commercial shell only $227,000 $696,000 $1,887,693 New commercial building $346,600 $818,399 $1,042,410 $123,200 Residential New apartments $404,000 New condo/townhouse $0 $507,000 $4,388,632 $715,000 $5,418,400 New single family $4,000 $2,500 $82,000 $292,200 $383,600 Source:City of Corpus Christi CDS I Spillette 13 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Residential A mix of second home owners, retirees, and locally employed residents drives the North Padre Island housing market. A check of the TIRZ #2 property accounts indicates that relatively few homes are owner-occupied as a primary residence—only 204 accounts out of more than 1,500 total have claimed a homestead exemption. Nearly all residential properties in TIRZ #2 are classified as "condominium" by the Nueces County Appraisal district (1,499 condominium accounts vs. 13 single family, duplex, or triplex, plus one classified as "multifamily"). The residential market on North Padre Island is currently in turmoil due to the national economic and financial crisis, which has negatively affected residential mortgage borrowers. From 2005 to 2008 this area experienced a surge in housing prices. Much of the demand driving the price increases was reportedly from buyers outside Texas who were either purchasing for retirement, a second home, or an income-generating investment. Since 2008, this market has decreased markedly and foreclosed properties have come to dominate the market. One real estate agent reported that two foreclosed North Padre Island townhome units (not within TIRZ#2) that originally sold for $240,000 within the last two years sold within the last month for $133,500 and $160,000. Until the foreclosed properties are cleared from the market, they will continue to depress prices. The Corpus Christi Association of realtors provided Median Home Sale Prices CDS I Spillette with data from the Multiple Listing Service (MLS) for 2007 through year to date 2009 for North Padre Island North Padre Island (both TIRZ and non-TIRZ areas). Median The data, as presented in the chart on the next page, Year Closing Price Change show that the shares of overall sales activity 2007 $231,000 generated by homes priced above $250,000 has receded substantially from 2007 and 2008 levels. 2008 $232,500 $1,500 This reflects the anecdotal evidence that many 2009 YTD $192,500 -$40,000 formerly higher-priced residential units are now selling for much lower prices, often because of foreclosure. The median closing prices for the time Source: Corpus Christi Association of Realtors period also indicate a significant shift in pricing for 2009, as shown in the table to the right. In the long run, however, the future will bring an eventual return to strong demand and increased prices and property values. Although Corpus Christi's job base has experienced slow growth and household incomes are moderate, North Padre Island's residential market should not be as constrained as other areas of the city. This is because North Padre Island will attract out-of-town buyers and renters who are relatively detached from the local economy but who desire coastal property and find the area's home prices to be more affordable than other Gulf Coast beach locations. CDS I Spillette 14 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Trends in Home Sale Prices North Padre Island Share of Total Closings 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% �� C �C �C �� Zp ell �O �a� o00 00, oo, oo, oo, oo, oo, oo, oo, oo, o00 00 00 00 00 00 00 00 00 00 OO, J 2007 2008 2009 YTD Source: Corpus Christi Association of Realtors Commercial Multi-Tenant Commercial Uses Reliable data for commercial properties on North Padre Island is limited. A commercial broker who is active on the Island provided CDS I Spillette with some information however. A survey conducted in 2006 indicated approximately 86,000 square feet of leaseable (not owner/user) space in inventory at that time, with two properties totaling 24,732 square foot under construction. Of the built space, approximately 90 percent was occupied at that time. Rents ranged from $0.95 per month net of utilities to $1.65 per month, triple net. New multi-tenant properties since 2006 include: • Marina Plaza, 4,732 square feet, currently 75%vacant • An addition to Padre Professional Plaza, though it is unclear whether the entire planned 20,000 square feet was actually completed; the addition is mostly occupied by a church, though some vacancy also remains • Loma Alta Plaza, 23,000 square feet, vacancy data not available • Padre Station, 7,901 square feet, 59%vacant • A small retail center at 15117—15121 South Padre Island Drive New single-tenant developments include a CVS drugstore and Ace Hardware. CDS I Spillette 15 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Current occupancy rates and rents are uncertain but are reported lower than in 2006. The prime locations are near the intersection of South Padre Island Drive and SH 361, especially on the west side (the "going home" side). Traffic counts are reportedly approaching 28,000 — 30,000 vehicles per day. Traffic counts and local market area population are relatively higher on the mainland portion of the south side of Corpus Christi, putting North Padre Island at a locational disadvantage when competing for tenants. Typical commercial tenants on North Padre Island were professional offices for businesses related to real estate. The economic slowdown and damaged residential real estate market has resulted in those firms having to shrink both employees and their occupied space. When the ensuing vacancies are being filled, it is with other types of retail businesses such as restaurants that can draw from vacationers. Significant neighborhood retail uses such as grocery stores are not yet on the island due to insufficient full time resident population. Tourism and Hospitality Corpus Christi receives approximately 7 million visitors per year. According to research by the Office of the Governor, over three quarters of "person-days" (one visitor spending one day in the area) to the metropolitan area comes from within Texas. Together visitors from the San Antonio and Austin areas accounted for 42 percent of total person-days in the region. The Convention and Visitors Bureau (CVB) reports marketing of Corpus Christi in the Houston region began just last year. Leisure travelers are estimated to constitute 73 percent of person-days in the Corpus Christi region. Apart from visiting family and friends, major attractions for leisure travelers include the U.S.S. Lexington and Texas State Aquarium. Fishing, beaches, and nature tourism also have a major role in visitor activities. The CVB has is trying to expand its efforts regarding nature tourism, and touts that the San Diego Audubon Society has named Corpus Christi the "birdiest city in America" for the sixth year in a row. Business travel, including meetings and conventions, makes up the balance of travel demand. North Padre Island attracts tourists for its beaches and fishing. To accommodate these visitors, there is a large stock of vacation rental housing. North Padre Island offers five hotel properties: • Best Western on the Island • Hampton Inn • Comfort Suites • Hawthorn Suites • Holiday Inn SunSpree Resort Hotel All of these properties are located within TIRZ #2. The Holiday Inn Express, mentioned earlier, would also be in the TIRZ if it is built. Among the improvements currently proposed to be funded by TIRZ #2 are amenities for the public parklands along Packery Channel. Because these amenities will likely increase visitation to these parks, their implementation should have a beneficial impact on demand for certain types of commercial uses, especially convenience retail and casual dining. CDS I Spillette 16 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas PROPERTY ACCOUNT AND TIRZ VALUE ANALYSIS CDS I Spillette extensively analyzed the TIRZ #2 property account data provided by the Nueces County Appraisal District (Nueces CAD). Accounts were classified based on use (largely determined by the State of Texas codes used by appraisers) and by location — beachfront, other waterfront, and inland sites. Residential properties on Lake Padre were noted separately as well, due to their access to Packery Channel. Historical Value Trends Nueces CAD also provided historical taxable values for the TIRZ #2 accounts, going back to 2001 if available. Analysis of these values provided data on taxable value growth trends presented in the table on the following page. The table gives the compound annual growth rates for three time intervals for all property use classes and locations for which data was available. These growth rates were often very high. Among the key observations are: • Condominium accounts experienced rapid value increases through 2008. Beachfront and Lake Padre condo accounts experienced greater increases, on a percentage basis, than inland condos. • Improved commercial properties showed wildly rapid value escalation from 2005 to 2008. • Various classes of vacant land lost value from 2008 to 2009, a significant change in trend. CDS I Spillette 17 Economic Study Update-Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Historical TIRZ#2 Taxable Assessed Value Compound Annual Growth Trends 2001-2008 Property Use Classification Interior Waterfront Beachfront Lake Padre Waterfront Inland Commercial Improved condo 32.5% 35.0% 20.6% 11.3% Improved single family 43.1% 28.0% Improved multifamily Duplex and triplex Improved commercial 12.4% 34.9% Vacant real property inventory Vacant commercial 32.0% Vacant multifamily Vacant unplatted condos-single family land Vacant commercial lots 40.1% Vacant residentially platted lots-tracts 84.9% r,"1 1M• Improved condo 24.4% 31.8% 23.1°% 22.7% Improved single family 130.9% 18.4% Improved multifamily Duplex and triplex Improved commercial 53.5% 71.6°% Vacant real property inventory 16.8% Vacant commercial 83.4°% Vacant multifamily 1 16.5% Vacant unplatted condos-single family land 65.4% 273.2% Vacant commercial lots 38.0°% 17.0% 77.1% Vacant residentially platted lots-tracts 31.5% 48.5% Improved condo 49.3% 18.7% 33.2% 20.4% Improved single family 239.5% 75.3% Improved multifamily 137.6% Duplex and triplex 19.9% Improved commercial -52.4°% 33.8% 26.0°% Vacant real property inventory 7.9% -2.5% Vacant commercial 27.3% Vacant multifamily 80.7% 150.0% Vacant unplatted condos-single family land 0.4% -49.5% Vacant commercial lots -16.6°% -6.9% -3.7% Vacant residentially platted lots-tracts 16.1% 10.9% Source: Nueces County Appraisal District and CDS Spillette CDS I Spillette 18 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas TIRZ Value Estimation and Projection The tables on the following pages present the analysis and projections that lead to the projection of future assessed values for TIRZ#2 and TIRZ revenues. The first table breaks down the 2009 certified taxable assessed values by property class and location as of September 2009 for the City of Corpus Christi. It also breaks down the uncertified accounts in the same manner. Different levels of taxable value loss are assumed for different classes of properties; generally, those classes which experienced more rapid increases in value up through 2008 are anticipated to suffer greater value reductions as a result of owner protest. Applying these value loss assumptions leads to an estimated certified value of the TIRZ for 2009 of$ 380,825,433. CDS I Spillette used the same methodology for each participating jurisdiction; tables for these other jurisdictions were not included in this report. The second table provides CDS I Spillette's projections for value appreciation and average annual new development value by property class. These projections were based on the historical property accounts analysis and market research findings. CDS I Spillette projects that value losses will occur in the near term, 2010-2011, due to falling prices and rents. By 2012-2015, values will begin to increase slowly and more new development will occur. From 2016 on, it is projected that value increases of up to 15% annually will be achievable for several property classes and new development will average more than $25 million per year. In general, properties with beach frontage or interior waterfront (especially Lake Padre) are projected to appreciate the fastest. The same value increase and new development factors were used for each participating jurisdiction. It should be noted that Tortuga Dunes is not included in the new development amounts in the table. Tortuga Dunes has provided a schedule of new development value that is included in the actual TIRZ value projections. Also, these projections represent incremental development on a property by property basis; they do not assume a large scale self-contained resort is developed on one of the large tracts within the TIRZ. Such a resort could add several $100s of millions in assessed value above the increases projected by CDS I Spillette. CDS I Spillette 19 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Estimation of Current TIRZ Value by Property Class 00• Values Under Protest 00• Certified Projected Taxable 00• Final Value Sept. Preliminary Projected Certified Property Class Property Location 2009 Value Protest Loss Value Improved condo Beachfront $ 73,783,554 $ 1,835,883 -30% $ 75,068,672 Lake Padre 29,822,200 1,824,218 -30% 31,099,153 Interior waterfront 20,090,193 - 20,090,193 [Inland 58,713,493 17,053,593 -30% 70,651,008 Improved single family Interior waterfront $ 434,849 $ - $ 434,849 Inland 1,293,317 173,367 -30% 1,414,674 Improved multifamily Interior waterfront $ 7,912,520 $ - $ 7,912,520 Duplex and triplex Inland $ 351,685 $ $ 351,685 Improved commercial Beachfront $ 5,989,259 $ $ 989,259 Other waterfront 3,229,447 - 3,229,447 Inland 50,495,181 1,068,677 -30% 51,243,255 Improved real property inventory Lake Padre $ 153,409 $ - $ 153,409 Unimproved real property inventory Interiorwaterfront $ 517,941 $ 640,275 -30% $ 966,134 Inland 386,218 568,231 -30% 783,980 Unimproved commercial land Inland $ 1,383,601 $ 273,000 -30% $ 1,574,701 Unimproved multifamily land Interior waterfront $ 1,021,500 $ - $ 1,021,500 Inland 2,577 $ $ 2,577 Unimproved residential unplatted land Interior waterfront $ 164,504 $ $ 164,504 Inland 24,642 24,642 Unimproved commercial lots Beachfront $ 24,597,726 $ $ 24,597,726 Interior waterfront 6,320,828 - 6,320,828 Inland 45,775,050 240,626 -30% 45,943,488 Vacant residentially platted lots-tracts Interior waterfront $ 15,349,519 $ 1,144,411 -30% $ 16,150,607 Inland 9,020,370 9,451,791 -30% 15,636,624 TOTAL $356,833,583 $34,274,072 $ 380,825,433 CDS I Spillette 20 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Projected Increases in TIRZ Values by Property Class Property u I 17.. ro Rate .- .. .. Rate Development Improved condo Beachfront -20% 5% 15% $ 3,375,000 Lake Padre -20% 5% $ 2,700,000 15% $ 3,600,000 Interior -25% 2% 10% $ 1,800,000 waterfront Inland -30% 2% 5% $ 2,700,000 Improved single family Interior -20% $ 200,000 2% $ 750,000 10% waterfront Inland -30% $ 360,000 0% 5% Improved multifamily Interior 10% 2% 10% waterfront Duplex and triplex Inland -30% 0% 5% Improved commercial Beachfront 0% 10% 15% $ 12,000,000 Other waterfront 0% 5% 12% $ 1,000,000 Inland -10% 5% $ 1,000,000 10% $ 1,000,000 Improved real property Lake Padre 0% 5/° 10%° inventory Unimproved real property Interior 0% 5% 10% waterfront ° inventory Inland -10% 2% 5% Unimproved commercial landInland 0% 2% 5% Unimproved multifamily land Interior 0% 5% 10% waterfront Inland 0% 2% 5% Unimproved residential Interior 0% 2% 10% waterfront unplatted land Inland 0% 0% 5% Unimproved commercial lots Beachfront 0% 10% 15% Interior 0% 5% 15% waterfront Inland -10% 2% 10% Vacant residentially platted Interior 0% 2% 10% lots-tracts waterfront Inland -10% 0% 5% TOTAL $ 560,000 $ 4,450,000 $ 25,475,000 Does not include Tortuga Dunes. Source: CDS Spillette CDS I Spillette 21 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas The TIRZ value increase projections are then applied to Tortuga Dunes Value Schedule the projected 2009 certified assessed value for TIRZ #2 for each property class. The Tortuga Dunes projected Projected value additions (see table at right) are then introduced; Assessed Incremental the negative increment in 2010 is due to dedication of Tax Year Value Value Added existing taxable property for public use, taking its 2009 $18,640,008 taxable value to zero. 2010 $17,720,205 $(919,803) The result of these calculations is a projected taxable 2011 $51,224,715 $33,504,510 value and value increment for the TIRZ, provided in the 2012 $66,946,125 $15,721,410 table on the next page. The assessed value increments for each jurisdiction are based on their respective base 2013 $77,890,140 $10,944,015 year taxable values as shown in the table below. 2014 $83,900,000 $6,009,860 Source: Forestar Participating Jurisdiction Base Year Values Base Year Jurisdiction Taxable Value City of Corpus Christi $81,732,341 Nueces County $81,581,144 Nueces County Hospital District $81,732,341 Del Mar Junior College $82,513,867 Farm to Market Road District $82,708,597 Sources: City of Corpus Christi and Nueces County Appraisal District CDS Spillette 22 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas Project TIRZ#2 Assessed Value by Participating Jurisdiction PROJECTED City of • •us Nueces County Del Mar Jr. Farm to Market CountyTax Year Christi Nueces • •ital District College '•.• 2009 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax Year City of Corpus . D- Christi Nueces County Hospital . '•.. 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 Source: CDS Spillette CDS I Spillette 23 Economic Study Update—Tax Increment Reinvestment Zone#2 Corpus Christi,Texas CDS I Spillette 1250 Wood Branch Park Drive, Suite 100 Houston, TX 77079 281.582.0847 (Phone) 713.465.6975 (Fax) www.cdsmr.com CDS I Spillette 24 SC o� Va. AGENDA MEMORANDUM Future Agenda for the City Council Meeting of October 9, 2018 "`O""°p"`EAction Item for the Cit Council Meeting of October 16, 2018 1852 Y g DATE: September 24, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison ArleneMCa-)cctexas.com (361) 826-3356 Use of Type B arterial and collector funds for three streets CAPTION: Motion authorizing the use of up to $10,550,000 in Type B arterial and collector funds for three street projects: Slough Road from Amethyst Drive to Rodd Field Road, Everhart Road from Holly Road to South Padre Island Drive, and Holly Road from Ennis Joslin Road to Rodd Field Road. PURPOSE: To approve the resolution authorizing the City's Engineering Department to proceed with the use of Type B arterial and collector funds for three street projects. BACKGROUND AND FINDINGS: On November 8, 2016, residents of the City passed Proposition 2, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads. In order to effectively fund arterial and collector street and road projects, the City is willing to accept funds in support of its arterial and collector street bond program. On June 18, 2018, the Type B Board approved an Agreement between the Corporation and the City to provide for the transfer of funds collected by the Type B Sales Tax approved by residents on November 8, 2016. The Corporation would transfer all arterial and collector street and road funds to the City for payment of debt associated with voter-approved arterial and collector street projects, as the funds are collected, for the purpose of supplementing debt obligation property tax revenues. The funds would be deposited in the City's debt service fund for payment towards debt on only arterial and collector projects as authorized by Proposition 2 at the November 8, 2016, election. On July 23, 2018 at a City Council Workshop Session, the City Council passed a motion directing the Interim City Manager to adopt a street funding option proposed by Council Member Smith at the July 16, 2018 Workshop. This option provides that three streets designed to 100% (Slough Rd from Amethyst to Rodd Field $2,200,000; Everhart Rd from Holly Rd to South Padre Island Drive $5,300,000; and Holly Rd from Ennis Joslin Rd to Rodd Field Rd. $3,050,000) be funded using a total of$10,550,000 Type B Funds. The Transfer to Street CIP from FY19 to FY22 will total an estimated$12,612,374.This Resolution authorizes the use of$10,550,000 over the next three to four fiscal years or until such time that the total funding is available. The Type B Board approved the attached Resolution on September 17, 2018. ALTERNATIVES: City Council could choose not to approve this motion and offer an alternative. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms to policy. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Interim City Manager Finance Legal Engineering FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $12,612,374 $12,612,374 Encumbered / Expended Amount 0 0 This item $10,550,000 $10,550,000 BALANCE $2,062,374 $2,062,374 Fund(s): Type B Fund 1145 Comments: N/A RECOMMENDATION: City staff believe it is in the best interests of the residents of the City that the City be awarded sales and use tax revenue funds, to support the construction, maintenance and repair of the listed three streets. LIST OF SUPPORTING DOCUMENTS: Type B Fund 1145 FY19 Proposed Budget City of CorpusBudget ProformaType B Fund 114S 5 Year Proposed 2018-2019 Reserved for Encumbrances $ $ $ $ $ Reserved for Commitments Unreserved 3,491,769 3,421,126 3,349,370 3,276,479 3,202,430 Beginning Balance $ 3,491,769 $ 3,421,126 $ 3,349,370 $ 3,276,479 $ 3,202,430 Revenues Operating Revenue $ 7,000,000 $ 7,210,000 $ 7,354,200 $ 7,648,368 $ 7,801,335 Other Revenue 3,000 3,030 3,060 3,091 3,122 Sub-Total $ 7,003,000 $ 7,213,030 $ 7,357,260 $ 7,651,459 $ 7,804,457 Decision Packages: 1 NONE Total Funds Available $ 10,494,769 $ 10,634,156 $ 10,706,630 $ 10,927,938 $ 11,006,888 Expenditures By Department Affordable Housing $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 BJD -Administration 15,000 15,000 15,000 15,000 15,000 BJD -IncentivesforEcon Dev 3,501,500 3,606,515 3,678,630 3,825,729 3,902,229 Transfer to General Fund 55,643 56,756 57,891 59,049 60,230 Transfer to Street CIP 3,001,500 3,106,515 3,178,630 3,325,729 3,402,229 Sub-Total $ 7,073,643 $ 7,284,786 $ 7,430,151 $ 7,725,508 $ 7,879,687 1st Priority 1 NONE Total Expenditures $ 7,073,643 $ 7,284,786 $ 7,430,151 $ 7,725,508 $ 7,879,687 Revenue $ 7,003,000 $ 7,213,030 $ 7,357,260 $ 7,651,459 $ 7,804,457 Net Revenue(Loss) $ (70,643) $ (71,756) $ (72,891) $ (74,049) $ (75,230) Reserved for Encumbrances $ $ $ $ $ Reserved for Commitments _ Unreserved 3,421,126 3,349,370 3,276,479 3,202,430 3,127,201 Estimated Ending Balance $ 3,421,126 $ 3,349,370 $ 3,276,479 $ 3,202,430 $ 3,127,201 Assumptions: Sales Tax Revenue 1.00% 3.00% 2.00% 4.00% 2.00% 313 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of October 9, 2018 NgHPO PP`E� 1852 Action Item for the City Council Meeting of October 16, 2018 DATE: September 14, 2018 TO: Keith Selman, Interim 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 Construction Contract Flato Road from Agnes Street to Bates Road (Bond 2014, Proposition 2) CAPTION: Motion to authorize execution of a construction contract with Reytec Construction Resources, Inc., of Houston, Texas in the amount of $7,985,187.50 for Base Bid Part 3 (Portland Cement Concrete (PCC))for Flato Road from Agnes Street to Bates Road project. PURPOSE: This construction project reconstructs Flato Road from Bates Road to Agnes Street with roadside drainage ditches and underground utility improvements. BACKGROUND AND FINDINGS: The existing roadway is a rural section with narrow shoulders and roadside ditches with Hot-Mix- Asphalt-Concrete (HMAC) pavement in poor condition. This section of Flato Road primarily services industrial and commercial businesses with large vehicles and heavy equipment. This project includes full depth reconstruction and widening of the roadway from 22 feet to 30 feet. Utility improvements include water, wastewater, gas and storm water. Storm water improvements include re-grading existing roadside ditches with new driveway culverts and a new storm water outfall to the exiting Enterprize Ditch. The new outfall is an underground concrete Project No:E15110 Page 1 of 3 SW/LH Legistar No.:18-1214 Rev. 1—9/14/18 box culvert extending from Flato Road to the existing Enterprize Ditch along the Bates Road right- of-way (ROW). Acquisition of additional ROW is underway for drainage easements required to complete the roadside ditch improvements along the west side of Flato Road. The project was developed with three (3) Base Bids with alternate pavement sections to maximize competition and to obtain the most cost effective pavement section. Each of the base bids included the same utilities, drainage, markings, signage and associated improvements. A summary of the Base Bid and respective pavement sections is presented below: • Base Bid Part 1 — 8" HMAC with 13" of limestone base over geotextile layer and 12" compacted subgrade • Base Bid Part 2 — 8" HMAC with 12" of crushed concrete base over geotextile layer and 8" lime stabilized subgrade • Base Bid Part 3— 11" rigid concrete pavement over 8" of lime stabilized subgrade On August 22, 2018 the City received proposals from six (6) bidders. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID BASE BID BASE BID PART 1 PART 2 PART 3 (H MAC with (HMAC with Crushed (Concrete Limestone Base) Concrete Base) Pavement) Reytec Construction Resources, Inc. - - 7,985,187.50 Houston, Tx 77080 CPC Interstate, LLC DBA Clark Pipeline Services 7,985,566.71 8,117,770.96 Corpus Christi, Tx 78409 JE Construction Services 8,180,044.14 8,039,845.89 8,519,263.37 Corpus Christi, Tx 78409 HAAS - Anderson Construction, Ltd. 8,064,333.10 -Corpus Christi, Tx 78417 J. Carroll Weaver Contractor 8,192,255.58 8,334,904.33 - Sinton, Tx 78387 Berry Contracting, LP dba Bay Ltd. 8,331 ,684.65 8,382,424.70 8,756,323.60 Corpus Christi, Tx 78409 Engineer's Opinion of 8,560,000.00 8,600,000.00 8,520,000.00 Probable Cost ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Jacobs Engineering (formerly CH21VI Hill Engineers, Inc.)is the design firm selected forthis project under Request for Qualifications No. 2014-08. Project No:E15110 Page 2 of 3 SW/LH Legistar No.:18-1214 Rev.1—9/14/18 CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2018-2019 Expenditures Current Year Future Years TOTALS (CIP only) Budget 728,695.66 9,562,572.34 10,291,268.00 Encumbered / 728,695.66 728,695.66 Expended Amount This item 7,985,187.50 7,985,187.50 Future Anticipated Expenditures This 1,577,384.84 1,577,384.84 Project BALANCE 1 0.00 0.00 0.00 Fund(s): Street Bond 2014 and Utility CIP. RECOMMENDATION: City staff and the design engineer, Jacobs Engineering, recommend construction contract award to Reytec Construction Resources, Inc., in the amount of $7,985,187.50 for Base Bid Part 3 (Portland Cement Concrete pavement option). LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Project No:E15110 Page 3 of 3 SW/LH Legistar No.:18-1214 Rev.1—9/14/18 PROJECT BUDGET ESTIMATE Flato Road from Agnes Street to Bates Road Bond 2014 Prop.2 PROJECT FUNDS AVAILABLE: 10,291,268 Bond 2014............................................................................................................ 4,258,088 Util ites................................................................................................................ 6,033,180 Storm Water.................................................................................... 3,628,160 Wastewater..................................................................................... 1,383,620 Water............................................................................................. 990,000 Gas................................................................................................ 31,400 TOTAL FUNDS AVAILABLE 10,291,268 FUNDS REQUIRED: Construction and Contingency Fees:............................................................................................. 8,783,706 Construction(Reytech Construction) THIS ITEM .. 7,985,188 Streets............................................................................................ 3,355,231 Utilities........................................................................................... 4,629,957 Water........................................................................ 742,075 Wastewater................................................................ 1,058,008 Storm Water............................................................... 2,804,754 Gas........................................................................... 25,120 Contingency(10%)................................................................................................. 798,519 Construction Inspection and Testing Fees:...................................................................................... 329,480 Construction Inspection(estimate)............................................................................. 279,480 Construction Materials Testing Services(estimate)....................................................... 50,000 Design and Land Acquisition Fees:................................................................................................ 776,327 Engineer(CH2M Hill)Engineering Design,Amendments 1,2&3.................................... 569,907 Street CIP....................................................................................... 325,475 Storm Water CIP.............................................................................. 122,216 Wastewater C I P............................................................................... 61,108 WaterCIP....................................................................................... 61,108 Design Phase-Geotechnical Services(Rock)............................................................. 20,450 SUE Services(Cobb Finley)..................................................................................... 13,970 Land Acqusition(estimate)...................................................................................... 172,000 Reimbursement Fees:................................................................................................................ 401,755 Contract Administration(Engineering Svcs Admin/Finance/Capital Budget)....................... 159,700 Engineering Services(Project Mgt/Constr Mgt)............................................................ 239,555 Misc.(Printing,Advertising,etc.)............................................................................... 2,500 TOTAL 10,291,268 ESTIMATED PROJECT BUDGET BALANCE (0) Doyle Q ortla SCALE: N.T.S. NUECES BAY 4,�p�OR SHIP CH coop CORPUS CHRISTI qRd LEOPARD ` PROJECT LOCATION q a i 44 S CHRIST d4'I 286 NAT NAL O ¢ RT a t {ARG q 358 J > O 9 OC 9 CORPUS CHRISTI BAY ti�v 3P h M � P, q � h 32 cgRaCe tyq �O U�Oyti S p jD OCe� TEXAS ALM UNIVERSITY CORPUS CHRISTI y 358 y �Cq gRgTO 3 Rd�e �� CAHANISS y OSO BAY CORPUS CHRISTI IELD Q NAVAL AIR STATI 5 ��J 43 4 oqq FLOUR BLUFF 358 286 LJ44 J F ��v OJ 02 4 q� 2444 kT Qi 3e H LAGUNA MADRE LOCATION MAP NOT TOSCALE Project Number: E15110 FLATO ROAD CITY COUNCIL EXHIBIT Bates Rd to Agnes St CITY OF CORPUS CHRISTI,TEXAS VNQ (Bond 2014) DEPARTMENT OF ENGINEERING SERVICES W Corpus Chr sti Engineering Hato Road from Agnes Street to Bates Road BOND 2014 Proposition 2 Council Presentation October 9, 2018 Project Location Corpus Chr sti Engineering NUE—eaY N $ CORPUS CHRISTI B +an FLATO ROAD (Bond 2014) a,aPOa 4 CORPUS CHRISTI BAY d OSD HAY Q .a �°y ♦ FOUR BLOT 9 O MASK 2 Project Vicinity ✓ *.s-Ch, Engineering Agnes t=' Q LL J Storm Water Outfall Bates Rd Typical Section Corpus Ch,sti Engineering 72' ROW Existing Ground EXISTING TYPICAL SECTION Proposed Drainage 72' ROW Easement © PROPOSED RIGID CONCRETE PAVEMENT 4 Project Scope Corpus Chr sti Engineering Project includes full reconstruction of the existing 2-lane roadway with 11-ft lanes and rural roadside ditches and includes: • New Portland Cement Concrete (PCC) pavement with 11-ft lanes and 4-ft paved shoulders • Utilities improvements for wastewater, water, and gas • Storm water improvements include: ✓ Re-grade existing roadside ditches ✓ New underground outfall along Bates Road ROW to Enterprize Ditch Project Schedule w Corpus Ch,sti Engineering i 2019 2020 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Bid/Award Construction Project Estimate: 480 Calendar Days = 16 Months CHDA HILL 555 N.C Chrisoa Suee 310 Corpus Christi.Tx 78401 Tel(361)888-8100 Fax(361)888-8600 September 4, 2018 676696 Mr.Jeff Edmonds,P.E. Director of Capital Programs c/o Ms.Sarah West, P.E. Engineering Project Manager City of Corpus Christi P.O. Box 9277 Corpus Christi,TX 78469-9277 Subject: AWARD RECOMMENDATION FtATO ROAD(Bates to Agnes) E15110 Dear Mr.Edmonds: On August 22, 2018, bids were received and opened on the subject project. There were six (6) bidders, the three (3)lowest are as follows: 1. Reytec Construction Resources $7,985,187.50 2. Clark Pipeline Services $7,985,566.71 3. JE Construction Services $8,039,845.89 Proposals from the low bidders were checked for mathematical errors, and one summing error was found in the bid from Clark Pipeline Services, but it did not affect the total bid value,or low bidder. All three (3) of the lowest bidders, Reytec Construction Resources, Clark Pipeline Services, and JE Construction Services, submitted the information requested in SECTION 00 45 16 STATEMENT OF EXPERIENCE.The information supplied by the low bidder, Reytec Construction Resources, appears to be complete and in order as follows: • All key Project personnel have at least 5 years of experience in their respective positions. • Provided information which demonstrates their ability to successfully complete projects of similar size and complexity to this project. • Provided information which demonstrates they have an acceptable safety record. • Provided information which demonstrates their ability to provide subcontracting opportunities for MBE, minority,and DBE participation in the project. The information supplied by the second lowest bidder, Clark Pipeline Services, appears complete and in order as follows,with the exception of the first item listed below: • Failed to provide information showing personnel have at least 5 years of experience in their respective positions. • Provided information which demonstrates their ability to successfully complete projects of similar size and complexity to this project. • Provided information which demonstrates they have an acceptable safety record. ENGINEER'S AWARD RECOMMENDATION PAGE 2 SEPTEMBER 4, 2018 The information supplied by the third lowest bidder,JE Construction Services,appears to be complete and in order as follows with the exception of the first item listed below: • Failed to provide information showing personnel have at least 5 years of experience in their respective positions. • Provided information which demonstrates their ability to successfully complete projects of similar size and complexity to this project. • Provided information which demonstrates they have an acceptable safety record. Reytec has successfully completed at least two other projects for the City of Corpus Christi, one on Kostoryz Road and another project on Staples Street, and both projects are concrete pavement,which will also be constructed on this project.They also are currently constructing another section of Staples Street,and their workmanship has been excellent on all these projects.Thus,we recommend Reytec Construction Resources for consideration of award of the contract,subject to the availability of funds. Sincerely, CH2M HILL Engineers, Inc. TBPE Firm No. F-3699 Martin Timmerman, P.E. Project Manager MT/kv ,g ,us ct� 00 o� � AGENDA MEMORANDUM CORPORA` Future Item for the City Council Meeting of October 9, 2018 N 1852 Action Item for the City Council Meeting of October 16, 2018 DATE: September 12, 2018 TO: Keith Selman, Interim 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, P.E., Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Professional Services Contract Amendment No. 7 O.N. Stevens Water Treatment Plant High Service Building No. 3 (Capital Improvement Program) CAPTION: Motion to authorize execution of Amendment No. 7 to a Professional Services Contract with LNV, Inc. of Corpus Christi, Texas in the amount of $242,065.00 for a total restated fee of $2,762,567.91 for O.N. Stevens Water Treatment Plant High Service Building No. 3 project. PURPOSE: Amendment No. 7 provides additional construction phase technical support services for the High Service Building No. 3 Project at O.N. Stevens Water Treatment Plant (ONSWTP). BACKGROUND AND FINDINGS: On October 15, 2013, City Council awarded a professional services contract to LNV, Inc., for engineering and design of the High Service Building No. 3 project. The original contract and subsequent amendments include engineering design with bid phase and construction phase technical support. On August 16, 2016, City Council awarded a construction contract to PLW Cadagua Partners for the project. The project provides for a new 12,700 square foot High Service No. 3 Building with Project No:E11066 1 AB/C7 Legistar No.: 18-1209 Rev.1—8/29/2018 installation of six (6)— 20 million gallons per day pumps and associated equipment. The project also provides coordination and construction of related infrastructure improvements including a generator building expansion for a new 2-Megawatt generator with upgrades to electrical, instrumentation, controls, rehabilitation of large diameter underground piping, Clearwell No. 1 renovations, and improvements to the access roads, drainage and other miscellaneous activities. During the design and bid phases, construction scope and duration was increased to coordinate and avoid disruption of critical water plant operations. Additionally, the construction contractor encountered some unforeseen conditions and construction related issues that increased the required level of technical support from the design engineer. Unforeseen conditions included surface and subsurface erosion that impacted foundation design for the project. Amendment No. 7 extends construction phase support from 35 to 39 months matching the construction contract duration and provides additional construction phase technical support services. ALTERNATIVES: 1. Authorize execution of the Amendment. (Recommended) 2. Do not authorize execution of the Amendment. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2018-2019 Expenditures Current Year Future Years TOTALS (CIP only) Budget 23,062,570 5,484,830 28,547,400 Encumbered / 23,062,570 23,062,570 Expended Amount This item 242,065 242,065 Future Anticipated Expenditures This 5,242,765 5,242,765 Project BALANCE 0 0 0 Fund(s): Water CIP Project No:E11066 2 AB/CJ Legistar No.: 18-1209 Rev. 1—8/29/2018 RECOMMENDATION: City Staff recommends approval of Amendment No. 7 to LNV, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 7 Project No:E11066 3 AB/CJ Legistar No.: 18-1209 Rev. 1—8/29/2018 PROJECT BUDGET ESTIMATE O.N. STEVENS WATER TREATMENT PLANT HIGH SERVICE BUILDING NO. 3 FUNDS AVAILABLE: WaterCIP...................................................................................................................... $28,547,400 TOTAL FUNDS AVAILABLE $28,547,400 FUNDS REQUIRED: Construction and Change Order Total Fees:......................................................................... 22,441,492 *Initial Construction (PLW Cadagua Partners)............................................. 21,650,000 Change Orders No. 1 - 12...................................................................... 791,492 Contingency Balance Remaining........................................................................................ 1,311,390 Construction Testing and Inspection Fees Estimate:............................................................... 830,951 **Construction Materials Testing................................................................ 54,765 Construction Materials Testing Amendment No. 1....................................... 26,186 Construction Inspection Estimate............................................................. 750,000 DesignFees:.................................................................................................................. 2,762,568 Original Contract(LNV, Inc.)................................................................... 47,500 ***Amendment No. 1 (LNV, Inc.).................................................................. 2,358,103 Amendment No. 2(LNV, Inc.).................................................................. 28,600 Amendment No. 3(LNV, Inc.).................................................................. 2,581 Amendment No. 4(LNV, Inc.).................................................................. 20,300 Amendment No. 5(LNV, Inc.).................................................................. 39,700 Amendment No. 6(LNV, Inc.).................................................................. 23,719 Amendment No. 7(LNV, Inc.)THIS ITEM ... 242,065 Reimbursements:............................................................................................................ 1,201,000 Contract Administration(Engineering Admin/Capital Budget/Finance)............. 450,000 Engineering Services(Project Mgmt/Constr Mgmt)...................................... 750,000 Misc................................................................................................... 1,000 TOTAL $28,547,400 ESTIMATED PROJECT BUDGET BALANCE $0 *Construction contract approved by City Council on August 16, 2016 by Motion No. M2016-094 **Construction Materials Testing contract approved by City Council on August 16, 2016 by Motion No. M2016-094 ***Professional Services Contract approved by City Council on October 15, 2013 by Motion No. M2013-159 NUECES RIVER 1 V [112,41 NUECES BAY SCALE: N.T.S. ANNAVILLE 77 a oRRi� t R 0 J SHIP ° U 0 CORPUS CHRISTI d �e°PgRO � LEOPARD U O a ROBSTOWN z 44 CORPUS CHRISTI Zk"/ 286 INTERNATIO F AIRPORT °RC' 358 1 N Z �t��'✓ 9 n O� PROJECT LOCATION 0 U H O� 358 Z CABANISS y Z RELD43 LyQ 665 O O� Q' 286 W 2 Qv 2444 N LOCATION MAP NOT TO SCALE Project: E11066 O.N. STEVENS WATER TREATMENT PLANT CITY COUNCIL EXHIBIT HIGH SERVICE BUILDING No.3 CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES AMENDMENT No. 7 Corpus Chr sti Engineering O.N. Stevens Water Treatment Plant High Service Building No. 3 Amendment No. 7 Council Presentation October 9, 2018 Project Location Corpus Chr sti Engineering N �• NUECES BAY SCALL:N.T.S. oNRnhuF { WRPUS CHMO 3 ROWOWN Rw�oRr"� O.N.STEVENS WATER TREATMENT PLANT HIGH SERVICE BUILDING No.3 AMENDMENT No.7 a a� u � `OapUs Cy�S Y I N J r h asz Project Vicinity C*r sti Engineering HIGH SERVICE BUILDING No.3 PROJECT Lx� v O.N. iA • �, .� gra, Project Scope —�, Corpus Chr sti Engineering Amendment No. 7 extends construction phase support to match construction contract duration with additional construction phase technical support services as follows: • Unforeseen differing site conditions with surface and subsurface erosion that impacted foundation design for the project • Complexity of interconnectedness with other infrastructure improvements such as Generator Building, Clearwell No. 1 and other critical elements • Construction duration was extended from 35 to 39 months to coordinate and avoid disruption of critical plant operations Project Schedule —.+►�: Corpus Chr sti Engineering 1 1 1 • Q3 :Q4 :QI :Q2 :Q3Q4Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Bid Construction Award Project Estimate: 1,170 Calendar Days = 39 Months Projected Schedule reflects anticipated construction completion by December 2019. Corpus ChrsU Engineering Questions? CITY OF CORPUS CHRISTI AMENDMENT NO. 7 TO THE CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E11066 - O.N. Stevens (ONS) Water Treatment Plant (WTP) High Service Building No. 3 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LNV, Inc., 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Contract for Professional Services Page 1 of 11 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A;;Ad A- 4—It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 2 of 11 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $242,065.00 for a total not to exceed amount of$2,762,567.91. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Contract for Professional Services Page 3 of 11 Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 . . te the expiratie—A datea A-f the prier term. ARY FeRt—Q�.A.4;—;156 1949 �At tht-9 S�A.Wlt-Q U-91P.M.6 AAd GGRditieRs, plus aR" 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Contract for Professional Services Page 4 of 11 Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Contract for Professional Services Page 5 of 11 Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. Contract for Professional Services Page 6 of 11 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and Contract for Professional Services Page 7 of 11 (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management Contract for Professional Services Page 8 of 11 representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Professional Services Page 9 of 11 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third-Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Contract for Professional Services Page 10 of 11 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI LNV, INC. ? , Am Jeff H. Edmonds, P.E. Date Q.4. 9 cker Date Director of Engineering Services President 801 Navigation, Suite 300 Corpus Christi, Texas 78408 (361) 883-1984 Office loganb@lnvinc.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Fund Name Accounting Accou Activity No. Amount Unit nt No. E11066-01- Water 2013 Rev Bond 4093-041 550950 4093-EXP 242,065.00 Total 242 065.00 Contract for Professional Services Page 11 of 11 LNV Solutions Today with a engineers architects I contractors Vision for Tomorrow August 27, 2018 Mr. Jeff Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 RE: AMENDMENT NO. 7 TO PROFESSIONAL SERVICES CONTRACT O.N. Stevens Water Treatment Plant - High Service Pump Building No. 3 City Project E11066 Mr. Edmonds: In response to the City's request, we are proposing Amendment No. 7 in the amount of$242,065.00 to provide additional services for the O.N. Stevens Water Treatment Plant - High Service Pump Building No. 3 project (El 1066) for a total re-stated project fee of$2,762,567.91. PROJECT BACKGROUND Original Contract On February 18, 2013, LNV received formal Notice to Proceed (NTP) for engineering services associated with the preliminary design of the new High Service Pump Building No. 3 for a total fee of $47,500.00. This contract included the evaluation and inspection of the proposed site, performing system-wide hydraulic modeling, and developing design criteria which included demand projections, master plan recommendations, and recommendations from the Elevated Storage Tanks - Citywide and Alternative Capacity Requirement (ACR) projects. Amendment No. 1 On October 17, 2013, LNV received formal Notice to Proceed (NTP) for Amendment No. 1, which was approved by City Council on October 15, 2013 by Motion No. M2013-159, to provide all Basic and Additional Services associated with the design and construction of the new High Service Pump Building No. 3 and Alternative Power Expansion for a fee not-to-exceed $2,358,103.00 for a total restated fee not-to-exceed $2,405,603.00. Amendment No. 2 On April 9, 2015, LNV received formal Notice to Proceed (NTP) for Amendment No. 2 to provide Additional Service No. 23 - Geotechnical - Subsurface Investigation for the new High Service Pump Building No. 3 for a fee not-to-exceed $28,600.00 for a total restated fee not-to-exceed Page 1 of 6 801 NAVIGATION I SUITE 300 1 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM EXHIBIT A Page 1 of 5 $2,434,203.00. This additional service provided a geotechnical investigation of the proposed site for the new pump building and a geotechnical engineering report, which included recommendations for the types of foundations and pavement sections that should be considered in the design of the High Service Pump Building No. 3. Amendment No. 3 On February 16, 2016, LNV received formal Notice to Proceed (NTP) for Amendment No. 3 to provide previously unscoped Basic Services (Design and Construction Administration) and Start-up, Warranty, SCADA and Equipment O&M Manual, Windstorm Certification, and Geotechincal - Subsurface Investigation Additional Services for a fee not-to-exceed $2,581.16 for a total restated fee not-to-exceed $2,436,784.16. This amendment reallocated unused funds from the Peer Review Coordination and Response Additional Service in the amount of $138,053.70. The elements added to the scope of work as a part of Amendment No. 3 included the following: • High Service No. 2 Pump Discharge Control Valve Replacement • High Service No. 2 Motor Protection Relay (MPR) Replacement • Clearwell No. 1 Repairs • Existing Alternative Power Building Retrofit and Windstorm Certification Amendment No. 4 On May 15, 2017, LNV received formal Notice to Proceed (NTP) for Amendment No. 4 to provide previously unscoped Basic Services (Design and Construction Administration) and Topographic Survey Additional Services for a fee not-to-exceed $20,300.00 for a total restated fee not-to-exceed $2,457,084.16. Amendment No. 4 included the assessment and recommendation to address erosion issues around existing Clearwell No. 2 and unstable soils along the drainage ditch south of High Service Pump Building No. 3, which were encountered during construction. Amendment No. 5 On January 9, 2018, LNV received formal Notice to Proceed (NTP) for Amendment No. 5 to provide previously unscoped Basic Services (Design) and Additional Services (Start-up, Warranty Phase, SCADA & Equipment O&M Documentation) for a fee not-to-exceed $39,700.00 for a total restated fee not-to-exceed $2,496,784.16. The purpose for Amendment No. 5 was to upgrade the control system network architecture to improve reliability and reduce complexity of the existing High Service No. 2 (HS#2) and new High Service No. 3 (HS#3) systems. Amendment No. 6 At this time, Amendment No. 6 is being processed by the City and includes the professional services to provide software programming that will test and verify the RTAC communication to all associated devices and will verify communication points with the Facility DCS System. The programming service is exclusive to the RTAC (Real Time Automation Controller — 1 Unit Total) and the associated Managed Ethernet Switches (3 Units Total) which function as PCR#2 and PCR#3 Power Protection Network Communication devices. This equipment serves as the interposing communication between the Motor Protection Relays (22 Units Total) as well as the Feeder Protection Relays (8 Units Total) located in PCR#2 and PCR#3 and the existing ONSWTP Facility Page 2 of 5 801 NAVIGATION I SUITE 300 1 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM EXHIBIT A Page 2 of 5 SCADA system. The RTAC unit will be configured to poll for facility defined data from the PCR#2 and PCR#3 SEL-710 & SEL-751A relays. This work was originally in the Contractors scope and it was determined during construction that the Contractor's integrator did not have the capabilities to perform the programming necessary to satisfy the contract requirements. As a result, the scope of work has been taken out of the Contractors contract at a deducted cost that equals the amount of Amendment No. 6. PURPOSE OF AMENDMENT NO. 7 Additional cost is being requested for the Construction Administration Phase services to compensate for the extended construction phase (9-months) in addition to the effort approved by the City that will be performed outside of existing contract obligations. In Amendment No. 1, the construction phase was estimated with a duration of 27 months. However, the construction duration has been extended to 36 months to account for the construction phasing required to minimize interruption to water system operations. Therefore, 9-months were not accounted for in the executed contract. Approximately 56 hours per month for the 9-month period not accounted for will be needed to complete the Construction Administration Phase for a fee of $100,440.00. In addition, efforts outside of the executed contract scope have been authorized and approved by the City to date. The additional effort includes resolving pier deficiencies for the High Service No. 3 building, performing additional windstorm inspections, expediting High Service No. 2 valve replacement work, providing construction administration phase services for control system modifications, and resolving generator building foundation deficiencies. The effort for these previously unscoped items has been billed to the City on a time and material basis out of the Construction Administrative Phase budget and has resulted in expending the budget prior to the completion of the project. Total compensation paid to date for this additional effort amounts to a cost of$97,350.00. It has also been proposed and received concurrence from City staff that the design team provide more frequent site visits/inspections above and beyond those required in the executed contract. They are necessary to assist with inspection of electrical, instrumentation, and control (EI&C) construction due to the complexity of the work at hand. Approximately 280 hours total will be needed to provide more frequent on-site construction observation specific to EI&C work as well as review, resolve, and coordinate any issues found for a fee of$44, 275.00. SCHEDULE All work under Amendment No. 7 of this contract shall be completed by the Engineer in accordance with the schedule provided below. Activity Completion Date Basic Services 4. Construction Administration Phase TBD; Based on Contractors Schedule Page 3 of 5 801 NAVIGATION I SUITE 300 1 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM EXHIBIT A Page 3 of 5 FEES A. Fees for Basic Services. The services for the Construction Administration Phase will be provided on a Time and Material (T&M) basis as the project is moved towards completion. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in this amendment. B. Summary of fees. Refer to ATTACHMENT 1. If you have any questions or if you would like to discuss in more detail, please feel free to call me at 361-883-1984. Sincerely, 0 Dan S. Leyendecker. P.E. President LNV, Inc. TBPE Firm No. F-366 Page 4 of 5 801 NAVIGATION SUITE 300 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM EXHIBIT A Page 4 of 5 AMENDMENT NO. 7 AMENDMENT NO. 7 ATTACHMENT 1 ORIGINAL CONTRACT AMD. NO. 1 AMD. NO. 2 AMD. NO. 3 AMD. NO. 4 AMD. NO. 5 AMD. NO. 6 AMD. NO. 7 TOTAL BASIC SERVICES 1. Preliminary Phase $ 47,500.00 $ 381,371.00 $ - $ - $ - $ - $ - $ - $ 428,871.00 2. Design Phase $ - $ 963,767.00 $ 88,304.86 $ 12,420.00 $ 26,870.00 $ - $ - $ 1,091,361.86 3. Bid Phase $ - $ 35,219.00 $ - $ - $ - $ - $ - $ 35,219.00 4. Construction Administration Phase $ - $ 277,453.00 $ 19,000.00 $ 4,880.00 $ - $ - $ 242,065.00 $ 543,398.00 SUBTOTAL BASIC SERVICES (AUTHORIZED) $ 47,500.00 $ 1,657,810.00 $ - $ 107,304.86 $ 17,300.00 $ 26,870.00 $ - $ 242,065.00 $ 2,098,849.86 ADDITIONAL SERVICES (ALLOWANCE) 1. Permit & Agency Coordination $ - $ 24,026.00 $ - $ - $ - $ - $ - $ - $ 24,026.00 2. Topographic Survey $ - $ 58,346.00 $ - $ - $ 3,000.00 $ - $ - $ - $ 61,346.00 3. Environmental Issues $ - $ 31,088.00 $ - $ - $ - $ - $ - $ - $ 31,088.00 4. Construction Observation Services $ - TBD $ - $ - $ - $ - $ - $ - $ - 5. Start -Up Services $ - $ 77,927.00 $ - $ 3,200.00 $ - $ 5,380.00 $ - $ - $ 86,507.00 6. Warranty Phase $ - $ 53,906.00 $ - $ 4,950.00 $ - $ 3,950.00 $ - $ - $ 62,806.00 7. SCADA & Equipment O&M Documentation $ - $ 51,175.00 $ - $ 2,000.00 $ - $ 3,500.00 $ - $ - $ 56,675.00 8. Public Involvement (N/A) $ - N/A $ - $ - $ - $ - $ - $ - $ - 9. Electronic Operations O&M Manual $ - TBD $ - $ - $ - $ - $ - $ - $ - 10. Conformed Contract Documents $ - TBD $ - $ - $ - $ - $ - $ - $ - 11. Existing Facilities Condition Assessment $ - TBD $ - $ - $ - $ - $ - $ - $ - 12. Windstorm Certification $ - $ 19,800.00 $ - $ 21,680.00 $ - $ - $ - $ - $ 41,480.00 13. Peer Review Coordination & Response $ - $ 153,393.00 $ - $ (138,053.70) $ - $ - $ - $ - $ 15,339.30 14. High Srvc. Pumping Sys. Energy Audit & Conservation Evaluation $ - TBD $ - $ - $ - $ - $ - $ - $ - 15. Physical Laboratory Scale Hydraulic Modeling Study $ - TBD $ - $ - $ - $ - $ - $ - $ - 16. Disinfection CT Evaluation $ - TBD $ - $ - $ - $ - $ - $ - $ - 17. Plant Process and Hydraulic Evaluation $ - TBD $ - $ - $ - $ - $ - $ - $ - 18. Electrical Studies $ - $ 51,150.00 $ - $ - $ - $ - $ - $ - $ 51,150.00 19. Control Logic & Application Development Support $ - $ 28,416.00 $ - $ - $ - $ - $ - $ - $ 28,416.00 20. Control System Integration Coordination $ - $ 28,416.00 $ - $ - $ - $ - $ - $ - $ 28,416.00 21. Project Manual $ - $ 23,650.00 $ - $ - $ - $ - $ - $ - $ 23,650.00 22. Program Management & Projects Coordination $ - $ 99,000.00 $ - $ - $ - $ - $ - $ - $ 99,000.00 23. Geotechnical - Subsurface Investigation $ - $ - $ 28,600.00 $ 1,500.00 $ - $ - $ - $ - $ 30,100.00 24. RTAC Programming $ 23,718.75 $ - $ 23,718.75 SUBTOTAL ADDITIONAL SERVICES (AUTHORIZED) $ - $ 700,293.00 $ 28,600.00 $ (104,723.70) $ 3,000.00 $ 12,830.00 $ 23,718.75 $ - $ 663,718.05 TOTAL AUTHORIZED FEE $ 47,500.00 $ 2,358,103.00 $ 28,600.00 $ 2,581.16 $ 20,300.00 $ 39,700.00 $ 23,718.75 $ 242,065.00 $ 2,762,567.91 AMENDMENT NO. 7 ATTACHMENT 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Rev 04/17 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 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; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 2 Rev 04/17 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 04/17 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 SUPPLIER NUMBER TO BE ASSIGNED BY- CITY--PURCHASING DIVISION wv City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV, Inc. P.O.BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: 1. Corporation ❑X 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3°o or more of the ownership in the above named"fain." Name Job Title and City Department(if known) N'A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 316 or more of the ownership in the above named"firm." Name Title N'A 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the 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 34 6 or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Dan S. LeyendQrker Title: President/ CEO (Type or Print) Signature of Certifying iffDate: Person: co 1 09/17/2018 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of October 09, 2018 1852 Action Item for the City Council Meeting of October 16, 2018 DATE: October 09, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG cj�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Chemical Analysis Services for Utilities Department CAPTION: Motion authorizing a four-year service agreement with Analysys, Inc., of Austin, Texas for the chemical analysis at the Water Utilities Lab, Pretreatment, and Wastewater Division of Utilities Department for the total amount not to exceed $269,776. PURPOSE: This service will provide chemical analysis necessary to ensure the above Utilities Departments satisfy their specialized testing requirements with regards to their TCEQ permits and regulations. BACKGROUND AND FINDINGS: The Water Utilities Lab is an accredited lab and provides analytical needs to all local sections of the Utilities department as well as numerous external non-city customers; however, TCEQ and other regulatory agencies require specialized testing that is outside of the scope of testing for the city's in-house laboratory. Therefore, it is necessary to subcontract these specialized tests to satisfy all permits for the department. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and one bidder has withdrawn the bid and staff is recommending the award to the lowest, responsive, responsible bidder, Analysys, Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Utilities — Water Utilities, Wastewater Pretreatment and Wastewater FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $67,444 $202,332 $269,776 Encumbered / Expended Amount 0 0 0 This item $67,444 $202,332 $269,776 BALANCE 0 0 0 Fund(s): Water Utilities Lab, Wastewater Pretreatment and Wastewater Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation I—M s w z m x o x .—M 2� s oo s w s w $ oo $ I—. $ 121x o x m $ I.w . I—M . I—. $ lw.w $ 2-— $ I—w $ 27.5W.M.$ —w $ 220s oo $ oo $ oo $ I—.. $ I—. $ 220s m $ m $ m $ I—M $ "... $ 2-.W 70o $ I—M $ I.w . -—W $ I—. $ "...w x oo $ -2... $ o $ I—M $ m $ 2-.W $ o $ lo0o x M $ I.w . -—W . I—. $ 22. s o x w x . $ m $ 2.... $ s m x m z m $ 2-.. $ 12... $ m x m s o sI—M 17 $ m z m s . $ oo s oo s o $ 12... $ m z m s o $ 12... $ m x m s o $ 21 $ oo s oo s . $ L.... w $ 12... $ .o.. $ 125.. $ lop... $ 2— $ 23 C— -1 120 $ 2..00 $ -0.. s 0 x . s 0 $ .."0.. 2� E $ ..00 $ lo.00 x . $ ..00 $ $ s $ 1x m $ 120.. $ oo $ m $ I—. sI—.. w0o . —M $ m z . $ I—o sI—.. c— ao $ o.. $ ao s . $ 1-0 $ I—.. w $ m $ 120.. $ m $ m $ I—. $ I—.. c— 12..0 . 27-.. $ m z m $ I—o . —... w $ $ —.. $ 1— $ -o. $ L.... 7 wx m $ 120.. $ m $ 5... $ I—. $ -o.. w 15.00 $ . $ I—o . . . 2..00 $ -- -9- s oo $ oo . — $ 1— $ -o. $ I—.. 1. s W x m $ 7 1—.. $ 722 $ M 2 1 2!22 1 . . 5.!2 12 j�oo $ I—.. 3-2 02 $ $ 5... $ -oo $ I—.. s . x m s m $ 5... $ 1'..o $ I—.. As 2-.. x o $ 3,.... x . $ 11,2W.21 c— mmo $ 7- 7- 7 S- 7- SO& 7- 7- 7- 77- s 2 DDG DD NOW 7- hw- -s7-- IME�Mo -307— 1. 1,— ow.w x — $ $ _7 —.1 sn r e en . x w $ —oo $ lo'—w s . $ —.2— —00 $ lo'—w $ moo x w s 0 x1-- -.1—M— I-W x w s 21$ I-W.w s o x27-— $ $ $ $ 2 —M 7 T-1x —.1 M— 7-0 ...0 I—w 1— $ --w —.2 71.011$ 1-- ..Oo $ I—W $ -ILW -.0m —.w —O.W $ I—W 1$ —W s11,71— $ $ 30.00 $ I—W x o $ lw.w $ ".00 $ I-W mm $ ..00 $ —00 $ W.00 $ ...0 $ —W 22 -.0 $ -00 . o $ — 1;� 122 $ —o. $ -oo I s ..00 I—o $ —oo $ — $ -oo $ 1-01$ —w -oo $ —.o. 13.0.1 x �oo —oo $ w..o $ �3 ol2 2 7 —w I—o $ —oo $ 7.55 ��2ol 2 2o2 $ I'm x o 1. '211 21! 2 1 22211 1-0 $ m x o s o s .00 1�2�.2o 1 — �222 1 — o I — 28.001$ i 7A s m s 01$ '117loo O $ '�22 122 2 1-ALS Group has withdrawn their bid SC G� SERVICE AGREEMENT NO. 1659 v Chemical Analysis for Utilities Department aaeronatkO 1852 THIS Chemical Analysis Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Analysys Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Chemical Analysis in response to Request for Bid/Proposal No. 1659 ("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 Chemical Analysis ("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 48 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 $269,776.00, 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 12/15/17 Name: Marisa Juarez Department: Utilities Phone: (361 )-826-1201 Email: marisaj@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. (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/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: Marisa Juarez Title: Laboratory Manager Address: 13101 Leopard St.78410 Phone: (361 )-826-1201 Fax: None IF TO CONTRACTOR: Analysys Inc Attn: Michael Leva Title: President Address: 3512 Montopolis Dr, Austin, TX 78744 Phone: (512)-385-5886 Fax: (512)-919-4141 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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; C. the bid solicitation document including any addenda (Exhibit 1 ); then, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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 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 CONTRACT! Signature: �- 4 Printed Name: Michael Leva Title: President Date: 9/4/18 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1659 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 ,mus 0 ATTACHMENT A: SCOPE OF WORK V /hOq POR FE I852 1.1 General Requirements/Background Information A. The Contractor shall provide chemical analysis for Water Utilities Lab, Wastewater division and Pretreatment division. Contractor shall perform chemical analysis as per the requirements outlined in Exhibits A to C. B. The Contractor shall conduct tests as per 40 Code of Federal Regulations (CFR) 136 - Water Methods. C. The Contractor shall responsible for providing labor, technician, equipment and transportation for these services. D. The Laboratory shall be accredited by TNI (NELAP). The City reserves the right to inspect the facility before start of the contract or any time after the contract. 1.2 Types of Chemical Analysis A. Water Utilities Lab - Exhibit A 1 . Mineral Set Analysis 2. Metal Analysis 3. Storm water runoff Analysis 4. Trihalomethanes (TTHMS Analysis) B. Wastewater Division - Exhibit B 1 . Metals C. Pretreatment Division - Exhibit C 1 . 1 st thru 4th Quarter Sampling 2. 1 st Quarter Sampling 3. 3rd Quarter Sampling 4. Biosolids Testing 1.3 Sample Bottles and Shipment A. The Contractor must provide pre-labeled containers with preservative (where applicable) and ice chest/coolers for sample collection. The Chain of Custody use shall be provided by the Contractor. Actual data used to calculate Precision and Accuracy must be provided on the final report. The Minimum Analytical Levels (MAL/RL) must be achieved unless it is otherwise specified. B. The Contractor shall be responsible for picking up and drop off samples/container from the Lab. The Contractor shall arrange a schedule for pickup and drop off with the Contract Administrator. Page 1 of 2 1.4 Special Instruction A. The Contractor shall be responsible for providing reports to the Contract Administrator/Lab Manager. The Contract Administrator are provided in Exhibit D. B. Any outliers or change in analytical order shall be approved by the Lab Contract Administrator prior to proceeding with analysis. 1.5 Invoicing The Contractor shall invoice separately for each division/lab and submit a copy to the respective Contract Administrator. 1.6 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. 1.7 Deliverables The Contractor shall perform all analysis as per established methods and submit reports to the respective Contract Administrator/Lab Manager. Page 2 of 2 SC Attachment B: Bid/Pricing Schedule Go.�u �a CITY OF CORPUS CHRISTI Revised BID FORM 07/06/2018 v PURCHASING DIVISION RFB No. 1659 `"aaPosaiYO 1$52 Chemical Analysis for Utilities Department PAGE 1 OF 8 Date: July 12,2018 Authorized Bidder: Anaiysys, Inc. Signature: c 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. Item Description UNIT QTY Unit Price Total Price A Water Utilities Lab Mineral Set A.1 Aluminum EA 360 $7.00 $2,520.00 A.2 Arsenic, Total EA 240 $7.00 $1,680.00 A.3 Arsenic Dissolved EA 220 $7.00 $1,540.00 A.4 Atrazine EA 220 $125.00 $27,500.00 A.5 Barium EA 220 $7.00 $1,540.00 A.6 Cadmium EA 220 $7.00 $1,540.00 A.7 Copper EA 360 $7.00 $2,520.00 A.8 Iron EA 360 $7.00 $2,520.00 A.9 Lead EA 360 $7.00 $2,520.00 A.10 Manganese EA 360 $7.00 $2,520.00 A.11 Mercury EA 220 $15.00 $3,300.00 A.12 Silica EA 360 $7.00 $2,520.00 A.13 Sodium EA 360 $7.00 $2,520.00 Metal Analysis A.14 Copper EA 240 $7.00 $1,680.00 A.15 Zinc EA 640 $7.00 $4,480.00 Storm water Runoff Analysis A.16 Cadmium EA 80 $7.00 $560.00 A.17 Copper EA 80 $7.00 $560.00 A.18 Chromium EA 80 $7.00 $560.00 A.19 Lead EA 80 $7.00 $560.00 A.20 Nickel EA 80 $7.00 $560.00 A.21 Zinc EA 80 $7.00 $560.00 A.22 Diazinon EA 80 $125.00 $10,000.00 A.23 Total Cyanide EA 120 $20.00 $2,400.00 Trihalomethanes A.24 TTHMs EA 600 $70.00 $42,000.00 B Wastewater Division B.1 Arsenic, Total EA 80 $7.00 $560.00 B.2 Barium EA 80 $7.00 $560.00 B.3 Cadmium EA 80 $7.00 $560.00 B.4 Chromium EA 80 $7.00 $560.00 B.5 Copper EA 2320 $7.00 $16,240.00 B.6 Lead EA 80 $7.00 $560.00 B.7 Manganese EA 80 $7.00 $560.00 B.8 Mercury EA 80 $15.00 $1,200.00 B.9 Molybdenum EA 80 $7.00 $560.00 B.10 Nickel EA 80 $7.00 $560.00 B.11 Selenium EA 80 $7.00 $560.00 B.12 Silver EA 80 $7.00 $560.00 B.13 Zinc EA 80 $7.00 $560.00 C Pretreatment Division C.1 1st, 2nd, 3rd and 4th Quarter Sampling C1.1 Volatile Compounds *includes EA 40 $so.00 $3,600.00 Acrolein Acrylonitrile Benzene Bromoform Carbon tetrachloride (tetrachloromethane) Chlorobenzene Chlorodibromethane Chloroethane 2-Chloroethylvinyl Ether Chloroform Dichlorobromethane 1 ,1 - Dichloroethane 1 ,2 - Dichloroethane 1 ,1 - Dichloroethylene 1 ,2 - Dichloropropane 1 ,3- Dichloropropylene Ethyl benzene Methyl Bromide Methyl Chloride Methylene Chloride 1 ,1 ,2,2- Tetra chloroethane Tetra chloroeth lene Toulene 1 ,2- TransDichloroet lene 1 ,1 ,1- Trichloroethane 1 ,1 ,2- Trichloroethane Trichloroethylene Vinyl Chloride C.1 .2 Acid Compounds *includes EA 40 $85.00 $3,400.00 2- Chlorophenol 2,4 - Dichloro henol 2,4- Dimethylphenol 4,6 - Dinitro-o-Cresol 2,4 - Dinitro henol 2- Nitrophenol 4- Nitrophenol P-Chloro-m-Cresol Pentachlorophenol Phenol 2,4,6 - Trichlorophenol C.1 .3 Base/Neutral Compounds *includes EA 40 $85.00 $3,400.00 Acenaphthene Acenaphthylene Anthracene Benzidine Benzo(a) Anthracene Benzo(a) Pyrene 3,4- Benzoflroranthene Benzo hi Pe lene Benzo(K) Fluoranthene Bis 2-Chloroethox Methane Bis(2-Chloroethyl) Ether Bis)2-Chloroisopropyl) Ether Bis(2-Ethylhexyl) Phthalate 4- Bromo henol Phenyl Ether Butyl benzyl Phthalate 2-Chlorona hthalene 4-Chlorophenyl Phenyl ether Chrysene Dibenzo a,h Anthracene 1 ,2 - Dichlorobenzene 1 ,3- Dichlorobenzene 1 ,4- Dichlorobenzene 3,3- Dichlorobenzidine Diethyl Phthalate Dimethyl Phthalate Di-n-Butyl Phthalate 2,4- Dinitro toluene 2,6 - Dinitro toluene Di-n- Octyl Phthalate 1 ,2- Diphenyl Hydrazine Fluoranthene Flrorene Hexachlorobenzene Hexachlorobutadiene Hexachloro-c clo entadiene Indeno(1 ,2,3-cd) pyrene Isophorone Naphthalene Nitrobenzene N-Nitroso dimeth lamine N-Nitroso-n-Propylamine N-Nitroso diphenylamine Phenanthrene Pyrene 1 ,2,4-Trichlorobenzene C.1 .4 Pesticides *includes EA 40 $180.00 $7,200.00 Aldrin Alpha hexachlorocyclohexane Beta-BHC Gamma-BHC Lindane Delta -BHC Chlordane 4,4-DDT 4,4-DDE 4,4-DDD Dieldrin AI ha-Endosulfan Beta-Endosulfan Endosulfan Sulfate Endrin Endrin Aldehyde Heptachlor Heptachlor Epoxide Polychlorinated biphenols(PCBs) The sum of PCB concentrations not to exceed daily average value PCB -1242 PCB-1254 PCB-1221 PCB-1232 PCB-1248 PCB-1260 PCB-1016 Toxaphene C.2 Chapter 307 *includes EA 40 $1,500.00 $60,000.00 Aluminum Barium Bis(chloromethyl) ether Carbaryl Chlorpyrifos Cresols 2,4-D Danitol Demeton Diazinon Dicofol Dioxin/Furans Diuron Fluoride Guthion Hexachlorophene Malathion Methoxychlor Methyl Ethyl Ketone Mirex Nitrate- Nitrogen N-Nitrosodiethyla mine N-Nitroso-di-n-Butylamine Non I henol Parathion Pentachlorobenzene Pyridine 1 ,2-Dibromoethane 1 ,2,4,5 - Tetrachlorobenzene 2,4,5- TP Silvex Tributyltin 2,4,5 - Trichlorophenol TTHM Total trihalomethanes C.3 Metals, Cyanide and Phenols C.3.1 Total Cyanide EA 512 $20.00 $10,240.00 C.3.2 Total Phenols EA 512 $20.00 $10,240.00 C.3.3 Total Metals *includes EA 128 $150.00 $19,200.00 Antimony, Total Arsenic, Total Beryllium, Total Cadmium, Total Chromium, Total Chromium (Hex) Chromium (Tri) Copper, Total Lead, Total Mercury, Total Nickel, Total Selenium, Total Silver, total Thallium, Total Zinc, Total Cyanide, Available CA Bio Solid Testing C.4.1 TCLP Metals *includes EA 24 $90.00 $2,160.00 Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver C.4.2 TCLP Volatiles *includes EA 24 $90.00 $2,160.00 Benzene Carbon Tetrachloride Chlorobenzene Chloroform 1 ,4- dichlorobenzene 1 ,2-dichloroethane 1 ,1-dichloroet lene Methyl ethyl ketone Tetrachloroethylene Trichloroethylene Vinyl Chloride C.4.3 TCLP Semi-Volatiles *includes EA 24 $120.00 $2,880.00 Chlordane 2,4-D 2,4-dinitrotoluene Endrin Heptachlor Hexachlorobenzene Hexachlorobutadiene Hexachloroethane Lindane Cresols (total) o, m,p Methox chor Nitrobenzene Pentachlorophenol Pyridine Toxaphene 2,4-5-trichlorophenol 2,4-6-trichlorophenol 2,4-5-TP Silvex C.4.4 Significant Industrial Users (SIU) Annual Samples C.4.1 Oil and Grease EA 4 $25.00 $100.00 C.4.2 Phenols EA 4 $20.00 $80.00 C.4.3 Arsenic EA 4 $7.00 $28.00 C.4.4 Cadmium EA 4 $7.00 $28.00 C.4.5 Total Chromium EA 8 $7.00 $56.00 C.4.6 Copper EA 4 $7.00 $28.00 C.4.7 Cyanide EA 4 $20.00 $80.00 C.4.8 Lead EA 8 $7.00 $56.00 C.4.9 mercury EA 4 $15.00 $60.00 C.4.10 Nickel EA 4 $7.00 $28.00 C.4.11 Silver EA 4 $7.00 $28.00 C.4.12 Zinc EA 4 $7.00 $28.00 C.4.13 Non-polar Oil and Grease EA 4 $25.00 $100.00 C.4.14 Total Toxic Organics EA 4 $420.00 $1,680.00 C.4.15 Cobalt EA 4 $7.00 $28.00 C.4.16 Tin EA 4 $7.00 $28.00 C.4.17 Bis (2-ethylexyl) phthalate EA 4 $25.00 $100.00 C.4.18 Carbazole EA 4 $25.00 $100.00 C.4.19 O-Cresole EA 4 $25.00 $100.00 C.4.20 p-Cresole EA 4 $25.00 $100.00 C.4.21 Fluoranthene EA 4 $25.00 $100.00 C.4.22 n-Octadecane EA 4 $25.00 $100.00 TOTAL $269,776.00 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change, or termination required on all Per occurrence - aggregate 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 Page 1 of 3 WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 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; Page 2 of 3 ■ 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. 2018 Insurance Requirements Utilities -Water Lab Analysis 01/26/2018 cg Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS There is no warranty requirement for these services. Page 1 of 1 SC U NCaHpas P` AGENDA MEMORANDUM iss2 Future Item for the City Council Meeting of October 9, 2018 Action Item for the City Council Meeting of October 16, 2018 DATE: September 12, 2018 TO: Keith Selman, Interim 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Fred Segundo, Director of Aviation freds@cctexas.com (361) 826-3932 Land Purchase Corpus Christi International Airport— 50.535 acre acquisition (Capital Improvement Program) CAPTION: Motion to authorize execution of a real estate sales contract with Patrick William Kelly, III and Carol Lynn Gillingham in the amount of $235,200 plus $2,700 in estimated closing costs for acquisition of 50.535 acres of land including mineral rights, located on Joe Mireur Road (FM763), south of Corpus Christi International Airport for airport land expansion and other purposes. PURPOSE: The acquisition of this tract of land will enable the Corpus Christi International Airport to continue their ongoing land acquisition plan to purchase available vacant tracts of land for airport expansion use to accommodate a future runway and noise abatement buffer zones. BACKGROUND AND FINDINGS: In June 1990, a Master Plan was approved by City Council which proposed acquisition of lands for the expansion of the Corpus Christi International Airport (CCIA). The expansion plan would provide sufficient area for a new runway and adequate buffer zones for sound abatement. On Project No:E17121 Page 1 of 3 EG/C7 Legistar No.:18-1211 Rev.1 9/14/18 September 28, 1999, City Council adopted the CCIA Master Plan Update, which expanded the previous airport development plan to its ultimate capacity and addressed both existing and future land uses around the airport. Thirty-seven parcels of land located south and east of the existing airport boundary were identified and selected for gradual, long term acquisition by the City. Eight of these tracts have been acquired on a voluntary basis from various landowners with no eminent domain involvement. More land is to be acquired as CCIA budget permits and as landowners are willing to sell. In September 2017, CCIA was contacted by the subject landowners about purchasing their 50.535 acres of agricultural land south of the airport which is shown in red on the attached Location Map. This land is within the airport's expansion plan area and qualifies for reimbursement by the Federal Aviation Administration (FAA) if acquired abiding by the federal land acquisition regulations. The FAA also made it a requirement for the City to acquire both the surface and mineral rights. The City proceeded with due diligence by obtaining a title report, land survey, environmental site analysis, appraisal report and an appraisal review. The appraisal report was obtained from Valbridge Property Advisors which indicated the total value to be $235,200. The surface rights were valued at$215,000 with $20,200 for the mineral rights. A formal offer was made by the City to the landowners for the total appraised amount. The landowners accepted the offer and have signed a Real Estate Sales contract which is attached for reference. The contract will be escrowed at Security Title Company at 5702 S. Staples Street, Corpus Christi, Texas. All real estate purchases that exceed $50,000 must be approved by City Council. Approval of the real estate purchase and execution of the real estate sales contract by the City Manager or designee is requested. ALTERNATIVES: 1. Authorize purchase of the subject property. (Recommended) 2. Do not authorize purchase of the subject property. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The Real Estate Sales Contract is permitted by City Charter, Article X, General Powers and Provisions Section 1 (a)(8) to acquire and own property by the City and also by Section 2 (A) requiring contracts to be authorized by the City Council where the expenditure exceeds the limit of$50,000. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Aviation Department Project No:E17121 Page 2 of 3 EG/C7 Legistar No.:18-1211 Rev.1 9/14/18 FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2018-2019 Expenditures Current Year Future Years TOTALS (CIP only) Budget 237,900.00 237,900.00 Encumbered / Expended Amount This item 237,900.00 237,900.00 Future Anticipated Expenditures This Project BALANCE 0.00 0.00 Fund(s): Airport RECOMMENDATION: Staff recommends approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Real Estate Contract Project No:E17121 Page 3 of 3 EG/C7 Legistar No.:18-1211 Rev.1 9/14/18 N SCALE: N.T.S. SH-44 s .s CORPUS CHRISTI INTERNATIONAL AIRPORT FLA-ND PURCHASE 50.535 ACRES r Project E17121 CCIA 2018 LAND ACQUISITION CITY COUNCIL EXHIBIT (50.535 ACRES LAND PURCHASE) CITY OF CORPUS CHRISTI,TEXAS vow DEPARTMENT OF ENGINEERING SERVICES w� DEPARTMENT OF ENGINEERING SERVICES CLIA 2018 Land Acquisition Project,#100030 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Real Estate Sales Contract("Contract")is entered into by and between PATRICK WILLIAM KELLY,III,(25%undivided interest)of 304 W.Bell Street,Houston,Texas 77019 and CAROL LYNN GILLINGHAM,(75%undivided interest)of 24814 Caliza Terrace,Boerne,Texas 78006, collectively called"Seller"and the CITY OF CORPUS CHRISTI,a Texas home rule municipal corporation,P.O.Box 9277,Corpus Christi,Nueces County,Texas 78469-9277,hereinafter called "Buyer". 1. Property. Seller for the consideration and under the terms set out herein,agrees to convey to Buyer the surface estate together with the mineral estate of the property described below together with together with all rights,privileges and appurtenances pertaining to the property situated in Nueces County,Texas: A tract of land containing 50.535-acres,more or less,out of the Enriquez Villarreal Grant A-1,Nueces County,Texas,being the North half of the West 202.14 acres of Tract#5 of the Subdivision recorded in Volume 8, Page 40,of the Plat Records of Nueces County,Texas,and as described on the attached Exhibit A. 2. Purchase Price. Buyer agrees to pay$235,200 cash to Seller at Closing. 3. Title Insurance, The Seller must provide,at Buyer's expense,a title insurance policy that guarantees good and indefeasible title to the Property,without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract,and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy.The title commitment for title insurance must be delivered to Buyer within thirty(30)days after receipt of the Contract by the Title Company,with the title insurance policy to be timely issued after closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment,Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract,that conveys indefeasible title to the Property to Buyer,and Buyer must make the cash payment to Seller. Buyer will pay all closing costs except costs to cure title,which must be paid by Seller. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2017. All property taxes for the year 2018,if any are due and payable or incurred for the year,will be prorated between the Buyer and the Seller from January 1,2018 to the 1 date of closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller will agree to execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits Five Hundred Dollars and no cents($500.0 with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at closing; Buyer will pay the balance of the purchase price owing at closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions,if any,and all applicable local zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed through the Title Company on or before ninety (90) days from the effective date of this Contract. Seller shall give Buyer possession of the Property by executing a General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the Corpus Christi City Council and executed by the City Manager,or designee,on behalf of the Buyer. Buyer must execute this Contract within sixty(60)days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at closing, and all terms and conditions remain in effect between Seller and Buyer. 10, Buyer's Due Dilligence. At Buyer's cost, Buyer has performed their due diligence in obtaining a land survey, environmental site analysis,title policy commitment and mineral title report. No additional time is requested by Buyer for performance of its inspections or due diligence. 11. Broker Commission. Seller is responsible for payment of all broker's fees and commissions incurred in connection with the sale of this Property. 12. Possession. At the Closing,the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements,if any,filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after 2 closing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties,all of which will be true and correct as ofthe effective date of this Agreement and as of the date of closing: Authority;No Conflict. Seller has the absolute and unrestricted right,power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract(such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company,if necessary,all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under,any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order,judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation,or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein,Seller has no knowledge that the Property contains Hazardous Materials(as defined in Section 10(b)), contains any underground storage tanks,or is not in full compliance with any Environmental Law(as defined in Section 10(b)). Title to Property. To the best of Seller's knowledge,Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the commitment or survey to be furnished to Buyer hereunder. No Options. No person,corporation,or other entity has or,on the date of closing,shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with any applicable laws,ordinances,regulations, statutes,rules and restrictions relating to the Property. 14. Mineral Conveyance. The sale of the Property is with minerals. Seller conveys unto Buyer all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Contract is the date in which the Contract is signed by the Buyer. 3 Executed in triplicate,any of which constitutes an original. SELLER Patrick William Kelly III THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on _ 2018 by Patrick William Kelly,III. Notary Public in and for the State of Texas [Seal] Carol Lynn Gillingham 1 THE STATE OF TEXAS § COUNTY OF &W.1- This W.1 § This instrument was acknowledged before me on a - /3 2018 by Carol Lynn Gillingham. KATHERINE;EDAEt Notary ublic in and for the State of Texas [ s ryED#124015A 'K,bF:}'•� p s Oebber 10,2021 Executed in triplicate,any of which constitutes an original. SELLER Patrick William Kelly III THE STATE OF TEXAS § COUNTY OF arr S § This instrument was acknowledged before me on f p/em 7 `�' 12018 by Patrick William Kelly, III. Lir! v �0�• NP, v P4,C•:i� i Notary Ii in and for the State of Texas [Seal] N. rF of�}o R �. 10 i2m, I,i si141114 Carol Lynn Gillingham THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on ,2018 by Carol Lynn Gillingham. Notary Public in and for the State of Texas [Seal] BUYER CITY OF CORPUS CHRISTI,TEXAS Department of Engineering Services P.O. Box 9277 1201 Leopard Street, City Hall Corpus Christi,Texas 78469-9277 Valerie H. Gray, P.E., Executive Director of Public Works THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on .2018 by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas lSeall APPROVED AS TO LEGAL FORM,THIS DAY OF 2018. FOR THE CITY ATTORNEY By: _ 1 et Kellogg,Assistant City Attorney CITY LEGAL DEPARTMENT i EXHIBIT A 50.535 acres of land, more or less, out of the Enriquez Villareal Grant A-1, Nueces County, Texas, being the North half of the West 202.14 acres of Tract#5 of the Subdivision of the Margaret Kelly Lands (the "Subdivision") as shown on the Map of the Subdivision recorded in Volume 8, Page 40, of the Plat Records of Nueces County, described as follows, to-wit: Starting at a post in the centerline of Bear Lane(formerly known as Kosar Road)said post bearing S. 89 deg-34'30" E, a distance of 608.83'from the NW corner of Tract#1 of said Subdivision; Thence, N. 89 deg-34'30"W, 606.83'along the North boundary of Tract#1 of said subdivision to the intersection of the West boundary of Tract #1 and the East boundary of Tract #6 of said Subdivision; Thence South 42 deg - 40' 26" along the common boundary of Tract #1, #2, and #6 of said subdivision to the intersection of the North boundary of Tract#5 of said subdivision;Thence West 1396.89'along the common boundary of Tracts#5 and#6 of said Subdivision to the intersection of the NW corner of a 71.64 acre tract being the East 71.64 acres of Tract#5 of said subdivision; TO A POINT OF BEGINNING Thence, continuing along this same land West 3931.83' which is the North boundary of Tract#5 and the South boundary of Tracts#6 and#7 of said Subdivision,to the NW corner of Tract#5 of said subdivision and the NW corner of this 50.535 acre tract of land;Thence S. 0 deg -25' 50"W, 559.59'which is the common boundary of Tracts#5 and #8 of said subdivision, and the center lien of FM 763, to the SW corner of this 50.535 acre tract of land; Thence East 3936.04' along the common boundary of the South boundary of the North half of the North Half of the West 202.14 acre of Tract#5 of said Subdivision and the North boundary of the South Half of the North Half of the West 202.14 acres of tract#5 of said subdivision , to the intersection of the West boundary of the 71.64 acre tract mentioned above, and the SE corner of this 50.535 acre tract;Thence North 559.57'to the point of beginning, and the NE corner of this 50.535 acre tract and closure of this tract,with said tract containing 50.535 acres. Corpus Chr s-fli Engineering Land Purchase Corpus Christi International Airport - 50.535 acre acquisition (Capital Improvement Program) City Council Presentation October 9, 2018 CCIA Land Acquisition OL �. .. Corpus Chr sti 50.535 acre land purchase Engineering N 50.535 AC. LAND PURCHASE SCALE:N.T.S. i • i adn aur 6 w�. CCIA Land Acquisition Corp50.535 acre land purchase EngineerinChr g En ineerin SME: H-441 CORPUS CHRISTI INTERNATIONAL AIRPORT I ,r 1 LAND PURCHASE 5O.535ACRES ~ CCIA Land Acquisition * sni50.535 acre land purchase Engineeng \ tt - —T CCIA Land Acquisition 40114 50.535 acre land purchase Engineeus ring ing En ineerin • Area of land is 50.535 acres located south of CCIA on FM 763 • Total purchase price is $235,200 plus $2,700 for closing costs • Appraised land value is $215,000 or $4,254 per acre • Appraised mineral right value is $20,200 • City has obtained Land Survey, Environmental Site Analysis, Mineral Title Report, Appraisal, and Appraisal Review • Land purchase is eligible for FAA reimbursement since City is following Federal acquisition guidelines • Land will leased for farming use until needed for expansion • Contract to be escrowed at Security Title Company CCIA Land Acquisition A Corpus Chr sti 50.535 acre land purchase Engineering QUESTIONS ? 6 SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of October 9, 2018 DATE: September 24, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison ArleneM@cctexas.com 361-826-3356 Corpus Christi Merry Days By the Bay PRESENTER(S): Name Title/Position Organization 1. Paulette Kluge CEO Corpus Christi Convention & Visitors Bureau BACKGROUND: On December 12, 2017 City Council Meeting Item T., Former Councilmember Vaughn requested to begin a conversation about having a Christmas Festival in Corpus Christi along with making efforts to provide holiday decorations to enhance the Christmas cheer. The Corpus Christi Convention & Visitor's Bureau is coordinating with several community organizations that are currently delivering quality holiday-focused events and presenting them as one large marketing campaign. City Council last received an update on these events on March 27, 2018. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Corpus Christi Merry Days by the Bay CORPUS CHRISTI MUSTANG & PADRE ISLANDS Merry Days by the Bay Past Performance CORPUS CHRISTI MUSTANG PADRE ISLANDS STR Occupancy 2015 thru 2018 85.0 73.5 o'0, e \ 62.5 51.3 a,• 40.0 January February March April May June July August September October November December --e 2015 . 2016 —.&-2017 —a-2018 2 Potential Economic Impact COR\' S CHRISTI MUSTANG&PADRE ISLANDS Event Impact Summary Destination:CORPUS CHRISTI CONVENTION&VISITORS BUREAU Event Parameters Key Results Event Name: Corpus Christi Holidays on the Bay Business Sales(Direct): $2,292,707 • In 2016, Corpus Christi ran Organization: CCCVB Business Sales(Total): $3,575,483 Event Type: Other cultural(commemorations,religious, Jobs Supported(Direct): 7,520 a 41.3% occupancy in heritage,special interests,parades) Start Date: 12/01/2018 Jobs Supported(Total}: 1,825 December End Date: 12/31/2018 Local Taxes(Total): $135,931 Ove might Attendees: 11330 Net Direct Tax ROI: $127,824 Day Attendees 0 Estimated Room Demand: 13,000 • If we increase t h e Direct Business Sales occupancy to 45%, the Industry Total Sales by Sector Lodging $1,173,553 Trans. Increased economic Impact Transportation $133,784 Space Rental Food&Beverage $500,415 Retail will be $2,292,709 Retail $207,204 Recreation Recreation $170,309 Jobs Supported (Direct): Space Rental $4,716 FcodlBev Business Services $102,726 1,520 �Businessces TOTAL $2,292,707 so szaooan saua.oaa ssaa,uaa aeuu.aw s,,uoo,000 s,,auo,000 • Jobs Supported (Total): 1,825 3 Potential Economic Impact COR\' S CHRISTI MUSTANG&PADRE ISLANDS Event Impact Summary Destination:CORPUS CHRISTI CONVENTION&VISITORS BUREAU Event Parameters Key Results Event Name: Corpus Christi Holidays on the Bay Business Sales(Direct): $8,289,156 • In 2016, Corpus Christi ran Organization CCCVB Business Sales(Total) $12,926,961 Event Type: Other cultural(commemorations,religious, Jobs Supported(Direct): 5,495 a 41.3% occupancy in heritage,special interests,parades) Start Date: 12/01/2018 Jobs Supported(Total): 6,597 December End Date: 12/31/2018 Local Taxes(Total): $491,450 Overnight Attendees: 40963 Net Direct Tax ROI: $462,140 Day Attendees: 0 Estimated Room Demand: 47,000 • If we increase t h e Direct Business Sales occupancy to 55%, the Sales by Sector Industry Total Lodging $4,242,918 Trans. Increased economic Impact Transportation $483,668 Space Rental will be $8,289,156 Food&Beverage $1,009,223 - Retail Retail $749,133 Recreation Recreation $615.743 Jobs Supported (Direct): Space Rental $17,050 Food/Bev Business Services $371,4{x1 gusiness5ervices 5,495 TOTAL $8,289,156 M 91,000,0W $2,oca,000 $a,aao.coo $4.arw,000 ss,aoo.000 • Jobs Supported (Total): 6,597 4 Potential Economic Impact COR\' S CHRISTI MUSTANG&PADRE ISLANDS Event Impact Summary Destination:CORPUS CHRISTI CONVENTION&VISITORS BUREAU Event Parameters Key Results Event Name: Corpus Christi Holidays on the Bay Business Sales(Direct): $14,285,6D5 • In 2016, Corpus Christi ran Organization CCCVB Business Sales(Total): $22,21B,438 Event Type: Other cultural(commemorations,religious, Jobs Supported(Direct): 9,471 a 41.3% occupancy in heritage,special interests,parades) Start Date: 12/01/2018 Jobs Supported(Total). 11,369 December End Date: 12/31/2018 Local Taxes(Total): $846,969 Overnight Attendees: 70596 Net Direct Tax ROI: $796,456 Day Attendees: 0 Estimated Room Demand: 81,000 • If we increase t h e Direct Business Sales occupancy to 65%, the Sales by Sector Industry Total Lodging $7,312,263 Trans. increased economic impact Transportation $633,591 Space Rental. Will be $14,285,605 Food&Beverage $3,118,032 _ Retail Retail $1,291,063 ii' Recreation Recreation $1,D61,177 dging • Jobs Supported (Direct): Space Rental $29,384 Food/Bev Business Services $640,074 Business Services 9,F471 TOTAL $14,285,605 $0 $2,000,D00 54,000,00) $6,OD),9D) WOKODD • Jobs Supported (Total): 11,369 5 What Hoteliers Are . . 0 CORPUS • CHRISTI MUSTANG&PADRE ISLANDS "With fewer conventions and groups in December, our hotel typically has lower occupancy and we sometimes struggle to keep full staff hours during that time of year," said Steve Keenan Omni Hotel general manager. "Having events that can help draw visitors to our city is vital to our operations." 6 What Hoteliers Are . . 0 CORPUS • CHRISTI MUSTANG&PADRE ISLANDS "We need more activities to offer in December and a new Christmas tree and festivities all month long will help draw more visitors," said Jyoti Patel, Managing Partner of US Hospitality. US Hospitality owns several hotels in the area. VISION merrAn umbrella marketing campaign that promotes Corpus Christi as a family-friendly destination option during the month of December for shopping, celebrating the holiday season and experiencing the Gulf Coast during a month BY THE BAY when we have historic low occupancy. 40 The Corpus Christi Convention and Visitors Bureau will coordinate with existing organizations that are currently delivering quality holiday-focused events and present them as one large marketing campaign. Downtown Management District New Offerings GL tat;,,��••I T 40 Downtown Management District - New Investments LIGHTING THE PARKS La Retama Park, Artesian Park, Heritage Park 0o DOWNTOWN BUILDINGS HOLIDAY LIGHTS 00 00 COMPETITION NEW BOWS AND GARLANDS ON LIGHT POLES • • SMG New Programming s Corpus Christi ' s Annual Winter Festival Sunday, December 16, 2018 - Monday, January 1 , 2019 Signature In its 37th year , Harbor Lights Festival is an HARBOR LIGHTS annual tradition that kicks off the holiday FESTIVAL AT season in the Coastal Bend . In 2018 , the )festival moves to a new home at The Water ' s Edge on the beautiful Corpus Christi Bayfront . �U71 rr�� - BUR iHAIR r IGst�.1:1'1vaSo . Other Holiday Features GLITZ: The Little A Christmas Carol Miss Christmas HARBOR ............ -��- Pagaent Musical Festival PLAY USE AURORA ARTS THEATRE Naviden""' o MICHAEL MARTIN CC Symphony 1' URPH'EY,S Orchestra COTBOyk- 011 tic N �. CHRISTMAS and more ! ! Month - Lon Pr otions E9L _4&_ • SIGNATURE WEBSITE that highlights holiday-oriented events in the Coastal Bend TRADITIONAL ADVERTISING inclusive of billboards, print and television DIGITAL MEDIA PROMOTIONS inclusive of promoted blogs, targeted social media campaign and Google key word search '.M r F•iP .i CORPUS CHRISTI MUSTANG & PADRE ISLANDS Questions Thank You!