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HomeMy WebLinkAboutAgenda Packet City Council - 10/10/2023 ,5r.,f,,r Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 x x cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, October 10,2023 11:30 AM Corpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room(Rm. 210) Addendums may be added on Friday. Public Notice: 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. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor Greg Hood, REACH Ministries. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Katie Baker, Junior at Veterans Memorial High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. SECURITY BRIEFING F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-1624 Staff Announcements: Billy Beyleu - Corpus Christi Assistant Fire Chief Nick Winkleman - Assistant Director of Planning and Infrastructure 2. 23-1515 FY 2023 3rd Quarter Budget Report 3. 23-1631 2023 City Council Meeting Calendar Update City of Corpus Christi Page 1 Printed on 10/9/2023 City Council Meeting Agenda-Final-revised October 10, 2023 4. 23-1653 2023 Solar Eclipse - Saturday, October 14, 2023 G. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. H. BOARD &COMMITTEE APPOINTMENTS: 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. J. CONSENT AGENDA: (ITEMS 5 - 16) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 5. 23-1625 Approval of the September 19, 2023 Regular Meeting Minutes. Sponsors: City Secretary's Office Consent-Second Reading Ordinances 6. 23-1465 Zoning Case No. 0723-04, Eldon Sunrise (District 2). Ordinance rezoning a property at or near 4922 Everhart Road from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) Sponsors: Development Services 7. 23-1405 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $1,274,863.04 with Yasin City of Corpus Christi Page 2 Printed on 10/9/2023 City Council Meeting Agenda-Final-revised October 10, 2023 Investments, LLC to construct a required wastewater trunk line for the proposed development located off South Padre Island Drive on the Island and South of Viento Del Mar Dr; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,274,863.04 to reimburse the developer in accordance with the agreement. (District 4). Sponsors: Development Services 8. 23-1430 Ordinance designating the new Park Road 22 Bridge as the Don Patricio Bridge. Sponsors: Public Works/Street Department 9. 23-1505 Ordinance amending Section 14-556 of Corpus Christi Code to adopt regulations for nonstructural fill on North Beach; and providing for a penalty not to exceed $500 per violation and publication. Sponsors: Public Works/Street Department Consent- Contracts and Procurement 10. 23-0770 Motion authorizing execution of a one-year supply agreement with Ferguson Enterprises, LLC, of Corpus Christi, in an amount not to exceed $73,644.52, to purchase retainers, restraints, gaskets, and related supplies utilized by the Corpus Christi Water Department, with FY 2024 funding in the amount of$73,644.52 from the Water Fund. Sponsors: Corpus Christi Water and Finance &Procurement 11. 23-1230 Motion authorizing execution of a one-year service agreement, with two one-year options, with Corpus Christi C-D Electric Texas, for motor and clutch repairs and related supplies for the Corpus Christi Water Department's wastewater treatment plants and lift and pump stations in an amount not to exceed of$151,250---.00, and a potential amount of $453,750.00 if both one-year option periods are exercised, with FY 2024 funding in the amount of$151,250.00 from the Wastewater Fund. Sponsors: Corpus Christi Water and Finance &Procurement 12. 23-1524 Motion authorizing execution of a one-year service agreement, with two one-year options, with C & S Plating & Bumper Recycling, Inc., dba C & S Truck and Van Equipment, of Austin, with an office in Corpus Christi, in an amount not to exceed $333,000.00 and up to $999,000.00 if the options are exercised, for upfitting services and repairs for Asset Management, with FY 2024 funding from the Fleet Maintenance Service Fund. Sponsors: Asset Management Department and Finance & Procurement 13. 23-1644 Resolution authorizing the use of the public health and safety statutory exemption to purchase up to 15 trucks from various unidentified regional dealerships in an amount not to exceed $686,488.44 with funding from the Fleet Equipment Replacement Fund. City of Corpus Christi Page 3 Printed on 10/9/2023 City Council Meeting Agenda-Final-revised October 10, 2023 Sponsors: Engineering Services and Finance & Procurement General Consent Items 14. 23-1578 Resolution authorizing the submission of a grant application for the Firehouse Subs Public Safety Foundation Grant for funding in the amount of$22,745.74 for five replacement and one additional emergency medical services patrol bikes and one replacement rescue boat to support the Corpus Christi Fire Department. Sponsors: Fire Department Consent-First Reading Ordinances 15. 23-1355 Ordinance authorizing a three-year lease agreement with five one-year options to renew, with Texas A&M University-Corpus Christi Lone Star UAS Center of Excellence and Innovation (LSUASC) for 3,000 square feet of shop space, 19,000 square feet of unimproved land, and 1,400 square feet of the vehicle parking at the Corpus Christi International Airport. Sponsors: Aviation Department 16. 23-1553 Ordinance appropriating $48,348 and cash match of$9,670 for an increase of$58,018 in the Tuberculosis Prevention and Control Grant from the Department of State Health Services (DSHS) to provide tuberculosis prevention and control services for the period January 1, 2022, through August 31, 2024, and authorizing one grant position. This second amendment to the Tuberculosis Prevention and Control Federal Grant amendment will increase funding to a total not-to-exceed $154,710. Sponsors: Health Department K. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L. PUBLIC HEARINGS: (ITEMS 17 - 18) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 17. 23-1566 Zoning Case No. 0723-05, Circle K Store (District 1). Ordinance rezoning property at or near 11102 Up River Road from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services 18. 23-1567 Zoning Case No. 0823-01, Sharky Transportation (District 1). Ordinance rezoning a property at or near 4757 Sharpsburg Road from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special City of Corpus Christi Page 4 Printed on 10/9/2023 City Council Meeting Agenda-Final-revised October 10, 2023 Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 19 - 25) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 19. 23-1650 Resolution in support of the continued protection of the City's downtown Seawall Flood Control Structure and the establishment of an endowment dedicated to the future maintenance and repair of the Seawall. Sponsors: Assistant City Manager 20. 23-1422 Motion to amend section 3.08 Required Development of the Industrial Development Agreement 110-B with Bootstrap LLC to allow for development of a Battery Energy Storage facility and extension of the placed in-use requirement from December 31, 2023 to December 31, 2025. Sponsors: Economic Development 21. 23-1311 Ordinance authorizing execution of a professional services agreement with Coffman Associates, Inc., of Overland Park, Kansas, for an updated Airport Master Plan in an amount not to exceed $1,610,689.00; appropriating Airport Grant No. 72 from the Federal Aviation Administration for$1,449,620.00 in Airport CIP Grants Fund No. 3020; appropriating $161,069.00 from the FY 2023-2024 Operating Budget, Airport Fund No. 4610, and transferring to Airport Capital Reserve Fund No. 3018. Sponsors: Aviation Department and Finance &Procurement 22. 23-1601 Motion awarding a professional services contract to Garver, LLC, Houston, Texas, to provide design, bid, and construction phase services for the Sand Dollar 16-Inch Connection Line from the Sand Dollar Water Pump Station to the Coral Vine elevated storage tank in an amount not to exceed $683,960.00, with FY 2024 funding available from Water Capital Fund. Sponsors: Engineering Services, Finance &Procurement and Corpus Christi Water 23. 23-1619 Resolution authorizing the submission of a grant application of up to $306,087.50 to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program for the replacement of 15 Condensate Return Stations with new and larger Condensate Return Stations at the Corpus Christi Army Depot Building 8; this grant application requires a match contribution of up to $36,730.50 from the City to fund project management and grant administration services. Sponsors: Communications&Intergovernmental Affairs City of Corpus Christi Page 5 Printed on 10/9/2023 City Council Meeting Agenda-Final-revised October 10, 2023 24. 23-1642 Resolution authorizing the submission of a grant application of up to $922,059.90 to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program to remove and replace two aging and deteriorating pumps and motors at two wastewater lift stations within the NASCC and to install two new diesel-powered emergency generators at each lift station; the grant will require a match contribution of up to 110,647.19 from the City to fund project management and grant administration services. Sponsors: Communications&Intergovernmental Affairs 25. 23-1675 Discussion with possible action regarding a Memorandom of Understanding with Port of Corpus Christi Authority on Desalination as proposed by Councilman Mike Pusley, Councilman Dan Suckley, and Councilman Gil Hernandez. N. BRIEFINGS: Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No 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. O. EXECUTIVE SESSION: 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. P. ADJOURNMENT City of Corpus Christi Page 6 Printed on 10/9/2023 CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Mayor and City Council FROM: Peter Zanoni, City Manage COPY: Executive Team SUBJECT: Staff Announcement DATE: September 14, 2023 1 am pleased to announce that Billy Belyeu has been appointed as Assistant Chief of the Corpus Christi Fire Department (CCFD). Chief Belyeu is a 17-year member of CCFD and has served as a Battalion Chief since 2017. Throughout his career with CCFD,he has risen through each rank and has served multiple roles. Most recently, Chief Belyeu served as an Operations Battalion Chief assigned to Battalion 3. Prior to his time as an Operations Battalion Chief, Chief Belyeu served as the Assistant.Director of Emergency Medical Services (EMS). During Chief Belycu's service as Assistant Director for EMS, he helped integrate the Pulsara Program into department operations, updated EMS fees, and established a charitable care policy. Chief Belyeu also has played an active role in cadet hiring, EMS system operations, and improvement. Chief Belyeu holds both a Bachelor of Business Administration and a Master of Business Administration from the University of Houston. He currently is pursuing a Doctor of Public Administration from Liberty University. Chief Belyeu holds numerous certifications through the Texas Commission on Fire Protection. He also has participated in the City of Corpus Christi Leadership program. Please join me in congratulating Chief Belyeu on his promotion to Assistant Fire Chief for the Corpus Christi Fire Department. The Fire Chief has the authority within the Collective Bargaining Agreement to appoint an Assistant Chief to fill the vacant position due to Chief Matthijetz's recent promotion to Deputy Fire Chief. The Fire Chief conducted several interviews to assist in the appointment process. CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Mayor and Citi Council 4 FROM: Peter Zanoni COPY: Executive Team SUBJECT: Staff Announcement DATE: September 2.0. 202; 1 ani appointing Nick Winkclnlann. 11T., ,is Corpus Christi Water (CCW) Assistant Director of Planning and Infrastructure: clfl 2ct' c %IondaN, September 25. In this position, Nick will be responsible for overseeing capital projects for water and wastewater infrastructure as well as backilow programs and the consent decree, Nick currently serves as the Planning and l°:rigincerin,- Manager for CCW. Since joining CCW in 2021, Nick has been integral in the development and execution of CCW's Capital Improvement Project plan. He has also managed the backflow programs and the consent decree during that time. Prior to joining the City, Nick worked for over 24 years in the private water sector. Nick holds hath a Bachelor of Science in Geologic.il 1,tigineering and a Master Of BLISHICSS Administration fi•om %lissouri Science and Technolo<i-, . 1 is holds his Professional L'm6neer License in Civil Engineering and is registered in both Illinois Luid Texas. Pleasejoin me in congratulating Nick on his tic\\ position. U s �y�P n7►'I 4L 7 .n m r V � A y852 FY 2023 3rdQuarter Budget & Financial Report October 10, 2023 Presentation Overview flscu rens amt-�a�a ADOPTED OPERATING FY 2023 Third Quarter financial BUDGET report for the period October 1, mnu n nn cotta of avrtem c nn nomaul.nnss Cltt Of CORPUS CMRI511 CITY MANAGER PETER ZANONI } 2022 through June 30, 2023 All figures presented today are unaudited Financial Policies and City Charter ,; require the City Manager to provide ma � r Quarterly updates on City financial $ progress z General Fund Revenues 3rd 3rd Annual ($ in Millions) Bud et Quarter Quarter Variance Budget Actuals SalesProperty Tax 99.2 98.1 97.8 (0.3) Tax 68.8 50.81) Telecommunications fees Solid Waste 44.1 • 33.7 • lagging. 2) Other Revenues over budget Franchise Fees - • Other Taxes • • • due to unbudgeted Lift Fund Public Safety • 9.6 11.0 1.4 loan repayments of$1 M, unbudgeted reimbursement of • • 14.8 10.8 11.7 • • $196k from State of Texas for Intergovernmental Firefighter assistance, and Municipal Court 5.5 4.2 5.1 • • Sale of Scrap $203K over. 3) Better than projected variance Recreation Revenues • • used in FY 2024 Budget. • • 10.1 12.0 1.9 ORRIN MS 3 General Fund Expenses 3rd 3rd Annual ($ in Millions) Budget Quarter Quarter Variance g Budget Actuals ➢ Annual Budget includes $11 .3M in commitments from FY 2022 ➢ The $27.2M positive variance equates to 11% ➢ $13.6M in encumbrances as of June 30, 2023 When combined with 3rd Quarter Actual Expenditures, total would be $241.4M and variance would be $13.6M Q U 4 FY 2023 Budget Initiatives (All Funds) ➢ 133 Budget initiatives totaling $40.6M ➢ 107 of the 133 initiatives are on schedule or completed ➢ 26 initiatives are behind schedule Budget initiatives include: • 24 additional sworn Firefighter positions • Replacement of 2 aerial apparatus • 25 additional sworn Police positions • BearCat Armored Vehicle • 4 positions and equipment for Right-Of-Way Management Team enhancement • 5 Pedestrian Mobility and Safety projects • Cole Park Plaza Shade Structure • Additional Lifeguards for Gulf Beaches and North Beach Q • Animal Care pilot program for additional spay/neuter (] • 12 positions and vehicles for Utility Project Inspection Services enhancement • 9 positions to create a Wastewater manhole and construction crew 5 HOT Tax Revenue AnnualBudgeteamk $17 . 6 • - - Budget $11 . 6M ........................... $12 . 7M 1 I r 1Variance $1 .1M 1 MOtE � 1 r ➢ Favorable Variance assumed in FY2024 r � 11 Budget Process ➢ Visit Corpus Christi continues close monitoring of industry Water Fund Revenues a $135.8M $97 .1 M $103.0M $2.9M Annual 3rdQ ' • - •QuArTer =`= Budget Budget 'j Actuals Variance - r yf Expenses f $154 .4M $103.6M $87 .4M $16.2M Annual 3rdQuart 3rdQuarter 3rdQuarter 14 Budget Budget Actuals Variance 3rd Quarter Actuals do not include encumbrances of 7 Wastewater Fund Revenues -AMR Annual 3rdQuarter3rdQuarter 3rdQuarter Budget . . - Actuals Variance Sam! Expenses Annual ' • art- 3rdQuarter 3rdQuarter Budget • • - Actuals Variance Cc�r��usmw� Christi V,r�ter3rd Quarter Actuals •• not include encumbrances of Capital Improvement • ' Program ➢ Bond 2022 (32 Projects) IN ➢ One project is under construction • ➢ Thirty-One (31) projects are under design _b ➢ Bond 2020 (42 Projects) ➢ Twenty-One (21) projects are completed and fourteen (14) are under construction ➢ Five (5) projects will be under construction by November 2023 ➢ Remaining two (2) projects are "design only"and are currently under design 3rdQuarter Summary • General Fund revenues are consistent with projections • HOT revenues are higher than projected • Water and Wastewater revenues are better than budgeted amounts • Record setting delivery continues with Bond 2020 Projects o U io NEXT STEPS October 2023: ➢Close out FY 2023 and Begin FY 2024 December 2023: ➢ 4thQuarter Budget and Financial Report � �i U s �y�P n7►'I 4L 7 .n m r V � A y852 FY 2023 3rdQuarter Budget & Financial Report October 10, 2023 Amended 2023 Council Meeting Schedule S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 2S 19 20 21 22 23 24 25 29 30 31 26 27 28 S M T W T F S S M T W T F S 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25PPI 28 29 30 S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 7 S 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 S M T W T F S S M T W T F S 1 1 2 3 4 5 2 3 4 5 6 7 S 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 2S 29 27 2S 29 30 31 30 31 S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 S 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 r 30 31 S M T W T F S S M T W T F S 1 2 3 4 1 2 5 6 7 8 9 10 11 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30H 25 26 27 28 29 30 Regular Business Meeting Proposed Workshop Session Cancelled City Holiday Non-Essential Depts.Closed Opp � , SHORE CORPUS CHRISTI . TX OCTOBER 14, 2023 ANNULAR SOLAR ECLIPSE See This Cosmic Coastal Event in Corpus Christi, Texas Coast in for the"ring of fire"annular solar eclipse this October!The centerline of the eclipse passes right through Corpus Christi,meaning eclipse chasers will have a longer experience with the eclipse than most parts of the country.Learn more about places to stay,events,and where to watch in the Gulf Coast Capital. Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, September 19, 2023 11:30 Aftrpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room (Rm.210) Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:35 a.m. B. Invocation to be given by Pastor Rick Milby, Corpus Christi Cross Project. Pastor Rick Milby, Corpus Christi Cross Project, gave the invocation. C. Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag to be led by Richard Salazar, Senior at Harold T. Branch Academy. Richard Salazar, Senior at Harold T. Branch Academy, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. SAFETY BRIEFING Deputy Chief Executive Officer of Corpus Christi Regional Transportation Authority (CCRTA) Miguel Rendon provided a safety briefing. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-1538 Proposition A - Type A Sales Tax Assistant City Manager Heather Hurlbert presented information on the Proposition A - Type A Sales Tax as follows: what is Proposition A; Type A expansion of allowable uses; seawall protection; Regional Park enhancements; location of each Regional City of Corpus Christi Page 1 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 Park; street improvements; new direct flights; Selena Auditorium, Arena and Convention Center improvements; additional information; informational resources; early voting October 23-November 3; and Election Day November 7. Council Members, City Manager Peter Zanoni, Assistant City Manager Hurlbert, and President and CEO of Visit Corpus Christi Brett Oetting discussed the following topics: a concern about asking for authorization of funds without a solid plan in place; a concern that there is insufficient time or information for the citizens to vote on this proposition in November; and the purpose of this proposition is to extend the funds to maintain the arena and convention center. 2. 23-1423 Marina Update, Presentation by Jonathan Atwood, Marina Superintendent Marina Superintendent Jonathan Atwood presented information on the following topics: marina projects; replacements of Docks A, B, C, D and L and dredging; marina master plan; projects in design; and other projects. Council Members, City Manager Peter Zanoni, and Marina Superintendent Atwood discussed the following topics: approximately 300 boat slips will be replaced; maintenance dredging will be complete when the docks are removed; a request for a layout of the docks; and the entire L-Head will be repaved. 3. 23-1572 Update to City of Corpus Christi Code of Ordinance Chapter 6 -Animal Care and Control, Presented by William Cox, Interim Director of Animal Care Services Interim Director of Animal Care Services William Cox provided an update regarding City of Corpus Christi Code of Ordinance Chapter 6 -Animal Care and Control as follows: effective date October 1, 2023; and updated fee schedule. Council Members and Interim Director Cox discussed the following topics: a Council Member's concern with the high amount of stray dogs and cats in their district; and the importance of public outreach about this effective date. G. PUBLIC COMMENT Mayor Guajardo opened public comment. John Hendricks, 622 Texas Ave., expressed concern about short-term rental fees for homeowners versus condos. Adalberto Carrillo III, 4055 Killarmet Dr., spoke in opposition to the Type A sales tax proposition. Shawn Flanagan, 4218 Herndon St., spoke about addressing essential issues like a sustainable water source and in opposition to the Type A sales tax proposition. Susie Saldana, 4710 Hakel Dr., spoke about improving the quality of life for citizens. City of Corpus Christi Page 2 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 Ron Gravan, 202 Surfside Blvd., expressed concern about the soil testing at Surfside Park. John Weber, 609 Naples St., expressed concern about how open records requests are processed. Adam Rios, 7301 Tangled Ridge Court, advocated for Texas Gulf Surfing Association. H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 4 - 37) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 8, 9, 10, 29, 30, 31 and 36 were pulled for individual consideration. Council Member Suckley moved to approve the consent agenda with the exception of Items 8, 9, 10, 29, 30, 31 and 36, seconded by Council Member Campos. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 4. 23-1508 Approval of the August 21 and August 25, 2023 Budget Workshop Minutes and September 12, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 5. 23-1424 Ordinance accepting and appropriating the FY 2022-2023 Texas Department of Housing and Community Affairs (TDHCA) Homeless Housing and Services Program (HHSP) grants, in the amount of$197,798 for the General Set Aside fund and $62,268 for the Youth Set Aside, totaling $260,066 and authorizing agreements with the Nueces Center for Mental Health and Intellectual Disabilities (MHID) for the FY 2022-2023 funds; authorizing the acceptance and appropriation of the FY 2023-2024 Texas Department of Housing and Community Affairs (TDHCA) Homeless Housing and Services Program (HHSP) grants in the amount of$154,196 for the General Set Aside fund, $51,872 for the Youth Set Aside and $64,104 for the Ending Homelessness Funds (EHF) totaling $270,172 that will be awarded to a service provider through a competitive application process. City of Corpus Christi Page 3 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 This Ordinance was passed on second reading on the consent agenda. Enactment No: 033166 6. 23-1369 Zoning Case No. 0723-03, INKUEE 6P LLC (District 2). Ordinance rezoning property at or near 1801 South Staples Street from the "CG-2" General Commercial District to the "Cl" Intensive Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033167 7. 23-1370 Zoning Case No. 0723-07, INKUEE 6P LLC (District 2). Ordinance rezoning property at or near 1800 South Staples Street from the "CG-2" General Commercial District to the "Cl" Intensive Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033168 8. 23-1270 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $433,882.50 with MPM Development, LP to construct a required wastewater trunk line for the proposed residential and commercial development located off Yorktown Dr., southeast of Starry Rd. also known as Oso Creek Corner Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $433,882.50 to reimburse the developer in accordance with the agreement. (District 5) Mayor Guajardo referred to Items 8-10. Council Members and Director of Development Services Al Raymond discussed the following topics: a Council Member's concern with spending over a million dollars in infrastructure in this area. Council Member Hernandez moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033169 City of Corpus Christi Page 4 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 9. 23-1271 Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement agreement up to $356,613.35 with MPM Development, LP to construct an off-site wastewater improvements for a proposed residential and commercial development located off Yorktown Dr., southeast of Starry Rd. also known as Oso Creek Corner Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $356,613.35 to reimburse the developer in accordance with the agreement. (District 5) See Item 8. Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033170 10. 23-1272 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $1,087,852.60 with MPM Development, LP to construct a 12-inch water arterial transmission grid main line for the proposed residential and commercial development located off Yorktown Dr., southeast of Starry Rd., also known as Oso Creek Corner Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,087,852.60 to reimburse the developer in accordance with the agreement. (District 5). See Item 8. Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033171 Consent- Contracts and Procurement 11. 23-1372 Motion authorizing the purchase of eight additional Panasonic vehicle video recording systems for the Corpus Christi Police Department from Turn-Key Mobile, Inc. of Jefferson City, Missouri, for$66,744.00, with FY 2023 funds from the Police Grants Fund in the amount of$66,307.00 and the General Fund in the amount of$437.00. This Motion was passed on the consent agenda. Enactment No: M2023-139 City of Corpus Christi Page 5 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 12. 23-1386 Resolution authorizing a three-year service agreement with ESO Solutions, Inc., of Austin, Texas, for replacement records management system software and support to be utilized by the Fire Department in an amount not to exceed $238,675.05 with FY 2023 funding from the General Fund. This Resolution was passed on the consent agenda. Enactment No: 033172 13. 23-1420 Motion authorizing execution of a five-year service agreement with Zetron, Inc., of Redmond, Washington, in an amount not to exceed $301,924.50, through the HGAC Cooperative, for software, hardware, installation, and support to upgrade the fire station alerting system, with FY 2023 funding from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2023-140 14. 23-1523 Motion authorizing execution of a service agreement with Carahsoft Technology Corporation, of Reston, Virginia, through the DIR Cooperative, for $93,405.15, to purchase DocuSign electronic envelope licenses and support utilized by City departments, with FY 2023 funding from the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2023-141 15. 23-1404 Resolution authorizing a one-year supply agreement, with two one-year options, with Carus LLC, of Peru, Illinois, in an amount not to exceed $3,500,000.00 and a potential amount up to $10,500,000.00 if the options are exercised, for sodium permanganate solution to be utilized by Corpus Christi Water, with FY 2023 funding of$291,667.00 from Water fund. This Resolution was passed on the consent agenda. Enactment No: 033173 16. 23-0873 Motion authorizing execution of Amendment No. 3 to the Master Service Agreement with Aclara Technologies, LLC, of St. Louis, Missouri, for an amount of$27,000.00 for a water main leak detection software and annual renewal update to the maintenance agreement, with FY 2023 funding from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2023-142 17. 23-1091 Motion authorizing execution of a one-year supply agreement, with two one-year options, with Hajoca Corporation, dba Moore Supply Co., of Corpus Christi, in an amount not to exceed $139,861.00 and a potential amount of $419,583.00 if the options are exercised, for ductile iron pipe accessories to City of Corpus Christi Page 6 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 be utilized by Corpus Christi Water, with FY 2023 funding of$23,310.17 from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2023-143 18. 23-1125 Motion authorizing execution of a two-year service agreement, with two one-year options, with 2Chainz Brush Clearing, LLC, of Lolita, Texas, for an amount not to exceed $126,000.00, and a potential amount of$252,000.00 if options are exercised, for semi-annual mowing services of pipeline easement along the Mary Rhodes Pipeline and Rincon Bayou, with FY 2023 funding of $31,500.00 from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2023-144 19. 23-1074 Resolution authorizing a one-year supply agreement with OMI Industries, Incorporated, of Palatine, Illinois, in an amount not to exceed $132,285.00, for the purchase of Ecosorb 505, an odor neutralizer product utilized by the Greenwood Wastewater Treatment Plant, with FY 2023 funding of $22,047.50 from the Wastewater Fund. This Resolution was passed on the consent agenda. Enactment No: 033174 20. 23-1223 Motion authorizing execution of a one-year service agreement, with two one-year options, with Evoqua Water Technologies, LLC, of Sarasota, Florida, in an amount not to exceed $76,547.00, and a potential amount of $220,641.00 if the options are exercised, for maintenance of odor control units at the wastewater treatment plants and lift stations, with FY 2023 funding of$31, 894.58 from the Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2023-145 21. 23-1381 Motion authorizing a one-year service agreement with Stealth Partner Group, LLC., of Scottsdale, Arizona, for stop loss coverage for the City's self-funded employee health benefits from October 1, 2023, through September 30, 2024, with funding from the proposed FY 2024 Operating Budget for an estimated amount of$2,463,012.00 payable from various City employee Health Funds. This Motion was passed on the consent agenda. Enactment No: M2023-146 22. 23-1472 Motion authorizing execution of a service agreement with Coastal Bend Demolition, Inc., of Corpus Christi, in an amount not to exceed $226,500.00, for the demolition of Aircraft East General Aviation Hangar One at CCIA, with City of Corpus Christi Page 7 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 FY2024 funding from the 4610 Fund. This Motion was passed on the consent agenda. Enactment No: M2023-147 23. 23-1443 Resolution authorizing the acquisition of 65 vehicles and equipment by various departments, of which 37 units will be outright purchases and 28 units will be lease-purchases through JPMorgan, for$12,999,056.40, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2023 funding of$3,400,212.39 and the remaining balance of $9,598,844.01 for the lease-purchase items to be funded through the annual budget process. This Resolution was passed on the consent agenda. Enactment No: 033175 24. 23-1029 Motion authorizing the purchase of Polyethylene Pipe from Gajeske, Inc. of Houston, for$251,825.00, for use by Gas Operations, with FY 2023 funding from the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2023-148 Consent- Capital Projects 25. 23-1377 Motion authorizing a professional services contract to Corrpro Companies, Inc., Houston, Texas, to provide field investigations, compile and review system data, program development, and review current standards for Gas Cathodic Protection for citywide gas systems in an amount not to exceed $148,000.00 located Citywide with FY 2023 funding available from Gas Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2023-149 26. 23-1376 Motion authorizing a professional services contract amendment No. 1 with CP&Y Inc., San Antonio, Texas, to provide design and construction phase services for Navigation Pump Station Improvements in an amount of $1,250,552.00 for a total restated fee not to exceed $1,530,765.00, located in council district 1, with FY 2023 funding available from Water Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2023-150 General Consent Items 27. 23-1384 Motion authorizing a Joint Funding Agreement with the United States Geological Survey (USGS), United States Department of the Interior, for City of Corpus Christi Page 8 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 USGS to maintain automated river gauging stations that record stream flows and water quality parameters associated with the Frio and Nueces Rivers and associated tributaries, which is data the City uses daily to manage releases from the City's reservoir system and for water treatment operations, whereby the USGS contributes $28,950.00 and the City contributes $169,350.00. This Motion was passed on the consent agenda. Enactment No: M2023-151 28. 23-1447 Resolution approving reappointment of Dr. Srikanth Ramachandruni as Health Authority for the Corpus Christi-Nueces County Public Health District; and authorizing execution of a professional service agreement with Dr. Srikanth Ramachandruni to serve as the Health Authority for the Public Health District. This Resolution was passed on the consent agenda. Enactment No: 033176 29. 23-1561 Motion authorizing the execution of a six-month service agreement with Citygate Associates, LLC of Folsom, California, for an Animal Care Services Department Assessment for an amount not to exceed $145,000.00 with FY 2024 funding from the General Fund. Mayor Guajardo referred to Item 29. Council Members, City Manager Peter Zanoni, and Interim Director of Animal Care Services William Cox discussed the following topics: the consultant will obtain information from a stakeholder survey; and this assessment will address best practices for Animal Care Services. Council Member Suckley moved to approve the motion, seconded by Mayor Guajardo. This Motion was passed and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 2- Council Member Hunter and Council Member Pusley Abstained: 0 Enactment No: M2023-152 30. 23-1473 Motion authorizing eight Corpus Christi B Corporation Small Business Assistance Agreements with the following entities for one year: one each with LiftFund, Inc., Service Corps of Retired Executives (SCORE), and Texas A&M University - Corpus Christi, and five with Del Mar College for a total amount not to exceed $1,083,500.00 to assist small businesses within the City of Corpus Christi to create jobs and investment. Mayor Guajardo referred to Item 30. City of Corpus Christi Page 9 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 Council Members and LiftFund Inc. Market Manager Laura Leal Estrada discussed the following topics: a Council Member's request for an update on the repayment process for these loans; the loans are for businesses that are ineligible for bank loans; and the current delinquency rate is zero. Council Member Pusley moved to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Abstained: 1 - Council Member Klein Enactment No: M2023-153 Consent-First Reading Ordinances 31. 23-1427 One-reading ordinance authorizing an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Del Mar College, which increases the funding by $10,000.00 for a total amount not to exceed $110,000.00 for the 2023 internship program; appropriating $10,000 from the unreserved fund balance of the Type B fund; and amending the budget. Mayor Guajardo referred to Item 31. There were no comments from the Council. Council Member Hunter moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on emergency and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Abstained: 1 - Council Member Klein Enactment No: 033177 32. 23-1428 One-reading ordinance authorizing an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Texas A&M University - Corpus Christi, which increases the funding by $25,000.00 for a total amount not to exceed $125,000.00 for the 2023 internship program; appropriating $25,000 from the unreserved fund balance of the Type B fund; and amending the budget. This Ordinance was passed on emergency on the consent agenda. Enactment No: 033178 City of Corpus Christi Page 10 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 33. 23-1426 One-reading ordinance accepting a grant from the Flint Hills Resources 2023 Helping Heroes Program in the amount of$3,500 to be used to support the Corpus Christi - Nueces County Local Emergency Planning Committee; and appropriating the funds into the LEPC Fund. This Ordinance was passed on emergency on the consent agenda. Enactment No: 033179 34. 23-1355 Ordinance authorizing a three-year lease agreement with automatic renewal of three (3) additional three-year terms with Texas A&M University-Corpus Christi Lone Star UAS Center of Excellence and Innovation (LSUASC) for 3,000 square feet of shop space, 18,872 square feet of unimproved land, and 1,666 square feet of the vehicle parking at the Corpus Christi International Airport. This Item was withdrawn by staff. 35. 23-1491 One-reading ordinance accepting Airport Grant No. 70 in the amount of $945,525.00 from the Federal Aviation Administration ("FAA") for the Airport Improvement Program and accepting Airport Grant No. 71 in the amount of $5,440,958.00 from the FAA Bipartisan Infrastructure Bill -Airport Infrastructure Grant Program; both FAA Grants will be used to make improvements to the Corpus Christi International Terminal Building and other Airport infrastructure; appropriating the FAA BIL Airport Infrastructure Grant into Fund 3020 Airport Capital Grant Fund; appropriating $945,525.00 into Airport Grant Fund 3020; and appropriating $604,551.00 to the Airport Capital Reserve Fund 3018. This Ordinance was passed on emergency on the consent agenda. Enactment No: 033180 36. 23-1290 Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, upon application by MPM Development LP, to remove the southward extension of Sunny Drive, a proposed C1 Minor Residential Collector located between Starlite Lane and Haven Drive, and to remove a northwestward extension of Haven Drive, a proposed A2 Secondary Arterial located between the existing Haven Drive and Violet Road. Mayor Guajardo referred to Item 36. Director of Planning & Community Development Dan McGinn presented information on the following topics: background; Urban Transportation Plan; 2021/2022 average daily traffic (ADT) counts; development request and planning commission recommendation; staffs recommendation; Rockwood Street-a local street not on the City Master Plan; Frontier Drive-a collector street on the City Master Plan; and staff recommends removal of the northward extension of Haven Drive. Mayor Guajardo opened the public hearing. City of Corpus Christi Page 11 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 Developer with MPM Development Moses Mostaghasi stated that he would like to remove the southward extension of Sunny Drive from Starlite Lane to Haven Drive. Council Members, Director McGinn, Assistant Director of Public Works Renee Couture, and Developer Mostaghasi discussed the following topics: Sunny Drive would need to be improved, along with Haven Dr. and Warrior Rd., when this new subdivision is built; the developer's plan is to have at least three collector streets in this subdivision; and a Council Member's desire to have some kind of connectivity to Starlite Lane. Mayor Guajardo closed the public hearing. Council Member Roy moved to approve Planning Commission's recommendation, seconded by Council Member Hernandez. Council Member Pusley moved to amend the ordinance to leave the collector to Starlite Lane to be determined by staff and developer and remove everything else, seconded by Council Member Hernandez. The motion passed unanimously. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 37. 23-1412 One-reading ordinance appropriating $130,000.00 in the Health Grant Fund for an increase in the Beach Watch Program from the Texas General Land Office (GLO) to collect and analyze recreational beach water samples for the period of September 1, 2023, through August 31, 2024; and authorizing one grant-funded position. This Ordinance was passed on emergency on the consent agenda. Enactment No: 033181 K. RECESS FOR LUNCH Mayor Pro Tem Pusley recessed the Council meeting for lunch at 2:30 p.m. Executive Session Item 45 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:07 p.m. L. PUBLIC HEARINGS: (ITEMS 38 - 39) 38. 23-1465 Zoning Case No. 0723-04, Eldon Sunrise (District 2). Ordinance rezoning a property at or near 4922 Everhart Road from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and City of Corpus Christi Page 12 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 Staff recommend approval.) Mayor Guajardo referred to Item 38. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Hunter moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 39. 23-1405 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $1,274,863.04 with Yasin Investments, LLC to construct a required wastewater trunk line for the proposed development located off South Padre Island Drive on the Island and South of Viento Del Mar Dr; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,274,863.04 to reimburse the developer in accordance with the agreement. (District 4). Mayor Guajardo referred to Item 39. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Pusley moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 1 - Council Member Suckley M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 40 -44) 40. 23-1368 Motion authorizing execution of a five-year service agreement with GHD Services, Inc., of Niagara Falls, New York, for$151,045.00 to redesign the City's website and provide annual support, with funding from the General City of Corpus Christi Page 13 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 Fund. Mayor Guajardo referred to Item 40. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-154 41. 23-1261 Resolution setting a public hearing on October 31, 2023, to consider Land Use Assumptions and Capital Improvement Plans relating to the possible adoption of water, wastewater, storm water, and roadway impact fees for the City of Corpus Christi and its extraterritorial jurisdiction. This Item was withdrawn by staff. 42. 23-1430 Ordinance designating the new Park Road 22 Bridge as the Don Patricio Bridge. Mayor Guajardo referred to Item 42. Assistant Director of Public Works Renee Couture presented information on the following topics: background; "Don Patricio" name designation; and staffs recommendation. Mayor Guajardo opened public comment. Greg Smith, 1746 Glenoak Dr., provided a brief history about Don Patricio. Mayor Guajardo closed public comment. Council Member Suckley moved to approve the ordinance, seconded by Mayor Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 City of Corpus Christi Page 14 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 43. 23-1505 Ordinance amending Section 14-556 of Corpus Christi Code to adopt regulations for nonstructural fill on North Beach; and providing for a penalty not to exceed $500 per violation and publication. Mayor Guajardo referred to Item 43. Assistant Director of Public Works Gabriel Hinojosa presented information on the following topics: National Flood Insurance Program (NFIP); North Beach SFHA areas; nonstructural fill policy; and staff recommends adoption of this policy. Council Members, City Manager Peter Zanoni, and Assistant Director Hinojosa discussed the following topics: a Council Member thanked City staff for the work done on North Beach; the nonstructural fill around elevated buildings is to address drainage issues; and if an individual wants to place nonstructural fill in an area, they must obtain a building permit from the City. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Suckley moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 44. 23-1490 Ordinance authorizing the City Manager to execute a lease agreement with Tailwind CRP, LLC for terminal space at the Corpus Christi International Airport for a ten-year term, with a one six-year option to renew to operate restaurants, bars and other concessions in the Terminal.(28-day delay required between readings) Mayor Guajardo referred to Item 44. Director of Aviation Kevin Smith presented information on the following topics: lease agreements; proposed lease agreement; Tailwind CRP LLC; and staff's recommendation. Council Members, Director Smith, and Deputy Director of Aviation Tyler Miller discussed the following topics: how the percentage of Tailwind CRP's monthly gross revenue is broken down in the lease agreement. Mayor Guajardo opened public comment. City of Corpus Christi Page 15 Printed on 9/28/2023 City Council Meeting Minutes September 19,2023 There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 N. BRIEFINGS: (NONE) O. EXECUTIVE SESSION: (ITEM 45) Mayor Pro Tem Pusley referred to Executive Session Item 45. The Council went into Executive Session at 2:30 p.m. The Council returned from Executive Session at 3:07 p.m. 45. 23-1563 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential amendment(s) to the Interlocal Contract between Del Mar College District and City of Corpus Christi to Lease Property for City Police Training Academy to add law enforcement facilities thereto and the potential use of parts of West Guth Park property for law enforcement-related facilities therein, and Texas Government Code § 551.072 to discuss and deliberate the lease or value of the aforementioned areas of real property 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. P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 4:23 p.m. City of Corpus Christi Page 16 Printed on 9/28/2023 SC 00 p AGENDA MEMORANDUM NOIYpO0.At E4 Public Hearing and First Reading for the City Council Meeting of September 19, 2023 zss2 Second Reading for the City Council Meeting of October 10, 2023 DATE: September 19, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 4922 Everhart Road CAPTION: Zoning Case No. 0723-04, Eldon Sunrise LLC (District 2). Ordinance rezoning a property at or near 4922 Everhart Road from the "RS-6" Single-Family 6 Zoning District to the "CN-1" Neighborhood Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) PURPOSE: The purpose of this item is to rezone the property to allow for commercial use (a real estate office). BACKGROUND AND FINDINGS: The subject property is a 0.17-acre lot with an approximately 1 ,400-square-foot existing single-family structure. The abutting properties to the north and south are zoned "CN-1" Neighborhood Commercial District with commercial uses, as well as the remaining ones along the face of the block. The property is bounded to the east by a "RS-6" Single- Family 6 zoned residential subdivision. At the major intersections, along Everhart Road, commercial properties are zoned for general commercial uses. A similar pattern is mirrored on the west side of Everhart Road. The applicant is requesting a change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District for a real estate office that will accommodate two agents. The existing residential structure will be reused for an office space. The "CN-1" Neighborhood Commercial District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area. The proposed request, while inconsistent with the Future Land Use Map element, is consistent with other elements of Plan CC (The City of Corpus Christi Comprehensive Plan). Public Input Process Number of Notices Mailed: 27 notices were mailed within the 200-foot notification area, and 5 were mailed outside the notification area. As of September 15, 2023.- In 023:In Favor In Opposition 1 inside notification area (3.80%) 1 inside notification area (4.56%) 0 outside notification area 0 outside notification area A total of 4.56% of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District on August 9, 2023. Vote Results For: 7 Against: 0 Absent: 1 ALTERNATIVES: Denial of the change of zoning from the "RS-6" Single-Family District to the "CN-1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0723-04, Eldon Sunrise LLC (District 2). Ordinance rezoning property at or near 4922 Everhart Road from the "RS-6" Single-Family 6 Zoning District to the "CN-1" Neighborhood Commercial District; Providing for a penalty not to exceed $2,000 and publication.( Planning Commission and Staff recommended approval.) WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 17, Block 1, Mount Vernon #1 as shown in Exhibit "A": From the "RS-6" Single-Family 6 Zoning District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 4922 Everhart Road. Exhibit A, a map, is attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. 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 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. 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. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 EXHIBIT A ON CN-1 CN- 1 CN- 1 SUBJECT PROPERTY CN- 1 SP RS-6 0� �o CN- 1 ON CN- 1 CN- 1 CN-1 C G`-2 CASE: 0723-04 N SUBJECT PROPERTY WITH ZONING E ® 5. Subject Property A-1 Apartment House Dis<d rt I-1 Dmited lndus[dal District A-1A Aparcment House Dr.dt -2 DgMlntlustnal Di stat[ A-2 Aparcment Hnuse Di.,1 1-3 H navy lndustdal Di-, AB Pmtessinnal Or—District PUD Planned Unit evelopment AT Apartment-ToudnDinrict R-IA One Family Dwelling District SUBJ C\ at NeigndemendIusmes.Dick- R-re oneEamoyDweumgDlse;nt PROPERTY &1A Neighborhootl Business District R-lc one Family Dwe lli ng District B2 Baytmur nt Bn—District R-2 Multiplewe Dlling Di strict B-2A Bard er lsl and Bus in ess DiA,A RA On n Family Dwe Ili ng Distract 1•w r B 3 Bus in ess Di strict RE Residential Estate Distract E4 General Business District R-TH Town house Dwell in gDistrict } &5Prmary Bus Dstiet SP Specal Perrot B Pr mary Bus Cout Dist- TTA TravelTrailerPakD,L- BD Comuschrst'EeachDesign Dis[. Tl MannrawredlHnmePad:oS-m,t 0tyof Esri,HERE F-R Fam,RumlDi4dct T-ic ManuahedHnmesutdi—ion Coypus LOCATION MAP lT li HC Historica�cutural Landmark Dish[[ Christi Pn:ae�ean "^., Page 3 of 3 ZONING REPORT Case # 0723-04 Applicant & Subject Property City Council District: 2 Owner: Eldon Sunrise LLC Applicant: Eldon Sunrise LLC Address: 4922 Everhart Road, located along the east side of Everhart Road, south of McArdle Road, and north of South Padre Island Drive. Legal Description: Lot 17, Block 1 , Mount Vernon #1 Acreage of Subject Property: 0.17 Acre (7,560 Square Feet) Pre-Submission Meeting: May 24, 2023 Zoning Request From: RS-6" Single-Family 6 District To: "CN-1" Neighborhood Commercial District Purpose of Request: To allow for a commercial use (a real estate office). Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Low-Density Residential Medium-Density Residential North "CN-1" Neighborhood Commercial Commercial South Commercial East "RS-6" Single-Family 6 Low-Density Residential Medium-Density Residential West "CN-1" Neighborhood Professional Office Commercial Commercial Plat Status: The property is platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None Transportation and Circulation Designation-Urban Section Proposed Section Existing Street Everhart Road 5 Lanes, Approx. 80', "Al" Minor Arterial 5 Lanes, 95' (Includes 1 turning lane) Transit: The Corpus Christi RTA provides service to the subject property via bus route 32 Southside. There are two southbound stops along Everhart Road and one northbound. Additional bus routes in the vicinity are along McArdle Road and South Padre Island Drive and include bus routes 19 Ayers and 37 Crosstown approximately 500 feet away from the subject property. Bicycle Mobility Plan: The subject property is approximately 350 feet away from a proposed One-Way Cycle track on both sides of McArdle Road. Utilities Gas: An 8-inch active WS line exists along the west side of Everhart Road. Stormwater: A 21-inch active RCP line exists along the west side of Everhart Road. Wastewater: An 8-inch active VCP line exists along the southern property line of the site and travels between Everhart Road and South Padre Island Drive (HWY 358). Water: A 20-inch active SP line exists along at the center of Everhart Road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP) and Future Land Use Map (FLUM): According to Plan CC the subject property is located within the Southeast Area Development Plan (Adopted on July 11 , 1995). A new ADP plan is currently being drafted. The Future Land Use designation is Medium- Density Residential. Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 27 within the 200-foot notification area • 5 outside the 200-foot notification area In Opposition . 1 inside the notification area • 0 outside the notification area • 4.56 % in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: August 9, 2023 City Council 1St Reading/Public Hearing Date: September 19, 2023 City Council 2nd Reading Date: October 10, 2023 Background: The subject property is a platted 0.17-acre lot with an approximately 1 ,400-square-foot existing single-family structure. The abutting properties to the north and south are zoned "CN-1" Neighborhood Commercial District with commercial uses, as well as the remaining ones along the face of the block. The property is bounded to the east by a "RS-6" Single-Family 6 zoned residential subdivision. At the major intersections, along Everhart Road, commercial properties are zoned for general commercial uses. A similar pattern is mirrored to the west side of Everhart Road. Zoning Report Page 3 The applicant is requesting a change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District for a real estate office that will accommodate two agents. The existing residential structure will be reused for an office space. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Future Land Use, Zoning, & Urban Design: • Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage the protection and enhancement of residential neighborhoods. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ 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. • Corpus Christi has well-designed neighborhoods and built environments. o Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses. Southeast Area Development Plan and FLUM (Future Land Use Map) Consistency: • While the proposed rezoning is inconsistent with FLUM's designation of Medium- Density Residential, for this particular property, it is consistent with the specific goal of the Southeast ADP (Area Development Plan) of stabilizing and conserving residential neighborhoods and the following policy statement: o "Much of the area along Everhart Road between SPID and Stapes Street is transitioning from residential, office, and neighborhood commercial use to more intensive commercial use. As this transition occurs the City will encourage the most intensive nodes of commercial development at the intersection of SPID and Staples Street. Between these high-intensity nodes of commercial developments, the City will encourage a transition to a combination of unrestricted neighborhood commercial uses and some limited general commercial uses." The proposed rezoning is inconsistent with the FLUM's (Future Land Use Map) designation of Medium-Density Residential. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The Everhart Road commercial corridor extends from Holly Road to Alameda Street. The subject property is only parcel zoned "RS-6" Single-Family 6 District along that corridor. The other properties are zoned for commercial uses. • The east side of Everhart Road is lined with residential structures dating to the mid-1950s that have been converted for commercial use as a result of an increased traffic flow that have made their initial use undesirable. While it is not the case for the west side of Everhart road, the commercial uses have also attributed to the low desirability for residential use on the opposite side of the road. The transition from residential use to commercial use began in the early 1980s. • Plan CC addresses the type of commercial activities that may abut a residential district as well as their scale. The reuse of the approximately 1 ,400-square-foot residential structure for a real estate office is in keeping with adjacent zoning and land uses. This one-story structure is sited approximately 50 feet away from the rear property line with 5-foot side setbacks. The possibility for nuisance is reduced and the scale is not imposing. • Should the site be cleared to make way for a new development permitted in the "CN-1" Neighborhood Commercial District such as a restaurant, an automated car wash, or a limited vehicle service use, the development footprint is limited in height, size, and nuisances such as noise levels must abide by the Municode regulations. • The proposed use is compatible with the uses and zoning and will not have any adverse impact on the surrounding neighborhood. • The FLUM's (Future Land Use Map) designation of Medium-Density Residential use contradicts Goal 1 of Element 7 Future Land Use, Zoning, and Urban Design that states that development patterns should be one where orderly growth is encouraged and the proper location of land uses based on compatibility, locational needs, and characteristics of each use is promoted. Granting the applicant's request will close a gap and reinforce the development pattern of the area. • The property meets the minimum bulk requirements for commercial development except that the existing structure will require conversion for a commercial use and any other reconfiguration and requirements that may accompany such use such as parking and landscaping. • An office use for the subject property would require a minimum of 3 parking spaces. The options are for parking to be provided at the street yard. In the rear, parking provision will require a shared access agreement with an adjacent property. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission and Staff Recommendation (August 9, 2023): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. Attachment: (A) Existing Zoning and Notice Area map, (B) Returned Notices. Zoning Report Page 5 (A)EXISTING ZONING AND NOTICE AREA O.N 2 CSN- 1 CN- 1 3 16 15 CN- 1 17 14 4 ,SUBJECT PROPERTY 18 13 CN- 1 5 ��� 12 23 19 RS-6 11 �� 24 6 CN- 1 O N 20 10 25 21 9 � 26 22 CN- 1 27 8 CN- 1 7 CN- 1 CG-2 CASE: 0723-04 N Zoning and notice Area W E 5. RM-1 Multifamily IL Light Industrial RM-2 Multifamily IHHeavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Sing gle-Family 10 RM-AT Multifamily AT 11. Single-Family6 CN-1 Neighborhood Commercial RS-0.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Tvvo-Family CR-1 Resort Commercial RS-15 Single-Family 15 _ CR-2 Resort Commercial RE Residential Estate `' i CG-1 General Commercial Rs-TH Townhouse -� 2 CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park SUBJECT* CBD Downtown Commercial RMH Manufactured Home PROPERTY CR-3 Resort Commercial " FR Farm Rural { H Historic Overlay �� BP Business Park s SubjecfProperty owners " w,2 20 0, m(evor downersw,m;�2oo-l,nedon �/ owners Cityof "`i,HERE ATION MAP ettecned ownerene, ,�lae X;n opposa�on Corpus LOC Christi '°u., (B) RETURNED NOTICES q j CITY PLANNiNta %,ulvi.ASSION Rezoning Case No. 0723-04 Eldon Sunrise 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-1" Neiqhborhood Commercial District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as-, A property located at or near 4922 Everhart Road and described as Block 1, Lot 17,Mount Vernon#1, located on the east side of Everhart Road, north of Mount Vernon Drive and south of McArdle Road. Please see the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 09, 2023, 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. The Planning Commission may recommend to the City Council approval or denial, or approval of an intermediate zoning classification and/or Special y " 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. For more information, please call(361)826-3240. Persons with disabilities planning to attend this meeting,who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta para ayudarle. Para mas informacion, favor de Ilamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE. In accordance with the Planning Commission By-Laws, no discussion shaft be held by a member or members of this Commission with an applicant or appellant conceming an application or appeal,either at home or office,or in person,by telephone call or by letter. 7 Tex.Admin. Code§211.00.6(d), Corpus Christi Unified Dev.Code§3.3.4 To be on the record,this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return a dress on this notice via email to zoningaa cctexas.com. Property Owner(s)Name: Address: ` 7, / Phone No:- { IN FAVOR OPPOSITIOI R'f-AVO .y"1 Sign ture '1 Planner Assigned:Saradja Registre Email:SaradiaROcctexas corn Phone:361-826-3574 INFOR case No:23ZN1019 3 Property Owner ID: Zoning Case 0723-04 Eldon Sunrise LLC r District 2 ` Rezoning for a property at or near 10 4922 Everhart Road From the "RS-6" Single-Family 6 District to the r SUBJECT "CN-1" Neighborhood Commercial District PROPERTY n '� Vis` � PROPERN r f P, Ci C Es°ri,HERE ♦ C'ni�us LOCATION MAP City Council September 19, 2023 Zoning and land Use Proposed Use: ON 02/13/1968 To allow for a commercial use (a real estate office) ON-1 04/14/2008 C N-1 12/03/1990 Area Development Plan: Southeast ADP (July 11, 1995) CN-1 SUBJECT Future Land Use Map: PROPERTY Medium-Density Residential CN•1 ¢ /� Existing Zoning: RS-6 4- "RS-6" Single-Family 6 District o� ON-1 08/23/1993 _ ON Adjacent Land Uses: • North: Commercial (Zoned: CN-1) CN•1 N • South: Commercial (Zoned: CN-1) N + East: Medium-Density Residential (Zoned: RS-6) N•1 • West: Commercial (Zoned: CN-1) Public Notification 27 Notices mailed inside the 200-foot buffer z 5 Notices mailed outside the 200-foot buffer ' CN-1 3 X 16 Notification Area `" ' 1] 19 4 SUBJECT PROPERTY 8 13 Opposed: 1 (4.56%) c i-1 s zQ 12 Separate Opposed Owners: 1 2 13 S-B a Qe-.. 6 0� za C -1 _ p o 0 zs In Favor: 1 (3.80%) 21 9 2 CN-f N a N-1 N•1 "Notified property owner's land in SQF/Total square footage G G, of all property in the notification area = Percentage of public opposition. Staff Analysis and Recommendation • The proposed request, while inconsistent with the Future Land Use Map element, is consistent with other elements of Plan CC (The City of Corpus Christi Comprehensive Plan) • The Everhart Road commercial corridor extends from Holly Road to Alameda Street. The subject property is the only parcel zoned "RS-6" Single-Family 6 District along it. The other properties are zoned for commercial uses. • The east side of Everhart Road is lined with residential structures dating to the mid-1950s that have been converted to commercial use as a result of an increased traffic flow that have made their initial use undesirable. The commercial uses on the west side of Everhart Road have also attributed to the low desirability for residential use. The transition began in the early 1980s. • Plan CC addresses the type of commercial activities that may abut a residential district as well as their scale. The reuse of the approximately 1,400-square-foot residential structure for a real estate office is in keeping with adjacent zoning and lands uses. This one-story structure is sited approximately 50 feet away from the rear property line with 5-foot side setbacks. Staff Analysis and Recommendation • Should the site be cleared to make way for a new development permitted in the "CN-1" Neighborhood Commercial District such as a restaurant, an automated car wash, or a limited vehicle service use, the development footprint is limited in height, size, and nuisances such as noise generation must abide by the Municode regulations. • The proposed use is compatible with the uses and zoning and will not have any adverse impact on the surrounding neighborhood. • The FLUM's (Future Land Use Map) designation of Medium-Density Residential use contradicts Goal 1 of Element 7 Future Land Use, Zoning, and Urban Design that states that development patterns should be one where orderly growth is encouraged and the proper location of land uses based on compatibility, and characteristics of each use is promoted. • The property meets the minimum bulk requirements for commercial development except that the existing structure will require conversion for a commercial use and reconfiguration of parking. PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the rezoning from "RS-6" to "CN-1" " F ' �, " `.•. SUBJECT �� F i W N �Jn Afir iL AL " ,t E w } m a � mk b� x " CASE: 0723-04 x N WE Aerial View t s Subject Property SUBJECT\ s' PROPERTY . ■■►1■ p #: City of Esri, HERE Corpus �� LOCATION MAP Christi 'ti . �US GO 0 AGENDA MEMORANDUM /NRRRp00.Pi 0 Public Hearing and First Reading Ordinance for the 09/19/23 l852 Second Reading Ordinance for 10/10/23 DATE: September 19, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a-)_cctexas.com (361) 826-3575 Wastewater Trunk Line Construction and Reimbursement Agreement with Yasin Investments, LLC for wastewater improvements for Merida Plaza Shopping Center. CAPTION: Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $1,274,863.04 with Yasin Investments, LLC to construct a required wastewater trunk line for the proposed development located off South Padre Island Drive on the Island and South of Viento Del Mar Dr; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,274,863.04 to reimburse the developer in accordance with the agreement. (District 4) SUMMARY: Yasin Investments, LLC. is developing a new shopping center and is requesting funds to construct the wastewater trunk line improvements associated with the development. The estimated one-time cost of the improvements is $1,274,863.04. BACKGROUND AND FINDINGS: The Developer, Yasin Investments, LLC has requested reimbursement through a reimbursement agreement for a shopping center named Merida Plaza Shopping Center, located on the Island and South of Viento Del Mar Dr. Padre Island No. 1 plat was approved by the Planning Commission on June 29, 2022. The development, located on the Island. The wastewater trunk line improvements consist of 668 linear feet of 24" PVC pipe. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Trunk Line Construction Standards. The project is eligible for reimbursement from the Wastewater Trunk System Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Merida Plaza Shopping Center. An alternative to utilizing trust funds to construct the wastewater trunk line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Wastewater Trunk System improvements is $1,274,863.04. Any available funds and any future funds from the Wastewater Trunk Line Trust will be appropriated to fund this project as well as any future funds from any of the other trust funds. Funding Detail: Fund: 4220 Wastewater Trunk Line Trust Fund Organization/Activity: 21800 Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certifica Location Map Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $1,274,863.04 with Yasin Investments, LLC to construct a required wastewater trunk line for the proposed development located off South Padre Island Drive on the Island and South of Viento Del Mar Dr; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,274,863.04 to reimburse the developer in accordance with the agreement. (District 4) WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on June 29, 2022, to develop a tract of land, approximately 2.412 acres known as Padre Island No. 1, Lot 10R, Block 14; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the 15-inch Wastewater Trunk Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be fifth-in-line in the order for reimbursement from the Wastewater Trunk System Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, If the developer is owed funds from the Wastewater Trunk System Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: 1 SECTION 1. The City Manager, or designee, is authorized to execute a Wastewater Trunk Line Construction and Reimbursement Agreement ("Agreement') with Yasin Investments, LLC ("Developer'), for the extension of a 24-inch wastewater trunk line„ including all related appurtenances, for the development of Oso Creek Corner Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 4. The City Manager or designee is authorized to transfer future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Collection Line Trust Fund to the No.4220-21800-777 Wastewater Trunk System Trust Fund in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $1,274,863.04 is appropriated in accordance with this ordinance. SECTION 5. The City Manager or designee is authorized to appropriate $1,274,863.04 from the No.4220-21800-777 Wastewater Trunk System Trust Fund as funds become available to reimburse the Developer for the wastewater trunk system construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 6. This ordinance takes effect upon passage. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2 WASTEWATER TRUNK LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Wastewater Trunk Line Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and (YASIN INVESTMENTS, LLC), ("Developer/Owner"), a (Texas Limited Liability Company). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on (June 29, 2022) to develop a tract of land, to wit approximately 2.412 acres known as (PADRE ISLAND NO.1 and OFF SOUTH PADRE ISLAND DRIVE ON THE ISLAND AND SOUTH OF VIENTO DEL MAR DR. ) as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Trunk Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is to the best interest of the City that the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Wastewater Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 1 of 12 loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by Ordinance No. 17396 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The Developer/Owner agrees that any modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Wastewater Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: 1. Sanitary Sewer - Reimbursable Items Item Quantity Unit Unit Cost Amount 1 Mobilization 1.00 L.S. $45,000 $45,000.00 Connect 24" PVC to exist WW manhole D = 2 13' 1.00 L.S. $18,000 $18,000.00 New 24" PVC Sanitary sewer line D = 10' to 3 13' 668.00 L.F $950 $634,600.00 New 6' diameter fibergl9ss WW manhole 1 V- 4 12' deep 1.00 Ea. $19,000 $19,000.00 Replace exist 4' dia. WW manhole with 6' diameter fiberglass WW manhole 10'-11' 5 deep 1.00 Ea. $34,000 $34,000.00 6 24" PVC cap 1.00 Ea. $800 $800.00 7 Trench de-watering 668.00 L.F. $125 $83,500.00 8 Trench protection 668.00 L.F. $8 $5,344.00 9 Storm Water Pollution Protection 1.00 L.S. $15,000 $15,000.00 10 Remove & replace concrete cart path 120.00 S.F. $55 $6,600.00 11 Remove & replace existing 12' driveway 120.00 S.F. $65 $7,800.00 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 2 of 12 12 Remove & replace concrete sidewalk 120.00 S.F. $40 $4,800.00 13 Remove & replace existing chain link fence 285.00 L.F. $30 $8,550.00 14 Temporary chain link fe11ce 265.00 L.F. $25 $6,625.00 15 Remove & replace existing rate inlet 1.00 Ea. $2,500 $2,500.00 Fuels, insurance, video inspections, 16 construction supervision 1.00 L.S. $183,500 $183,500.00 Subtotal Construction Items $1,075,619.00 8% Engineering Costs $86,049.52 Sub Total Costs $1,161,668.52 10% Contingency $116,166.85 TOTAL $1,277,835.37 WASTEWATER LOT FEE CREDIT $2,972.33 TOTAL REIMBURSEMENT FROM TRUST FUND $1,274,863.04 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer 3. REIMBURSEMENT. a. The cost for the Wastewater Improvements less $2,972.33 lot/acreage fee credit is $1,274,863.04. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $1,274,863.04 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund per the UDC and this agreement, the City agrees to reimburse the Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 3 of 12 Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on Form provided by the Development Services Department. 2. Contractor and professional services invoices detailing work performed. 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Trunk System Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Wastewater Trunk System Trust Fund. Payments may be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.2. E. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 4 of 12 c. If the developer is owed funds from the Wastewater Trunk System Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater trunk line for which the credit was given, and an extension of the trunk line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Improvements under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: YASIN INVESTMENTS, LLC 14213 PUNTA BONAIRE DRIVE CORPUS CHRISTI, TEXAS 78418 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 5 of 12 specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Improvements. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 6 of 12 b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 14. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 7 of 12 15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Improvements, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the construction, dedication of Wastewater Improvements will be subject to City inspection and approval. 18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 8 of 12 operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 9 of 12 20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/le.cial/ch46.html. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. Remainder of page intentionally left blank; signature page to follow. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of ' 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 11 of 12 DEVELOPER/OWNER: Yasin Investments, LLC By: Mosin Rasheed, Managing Member STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Mosin Rasheed, Managing Member Yasin Investments, Llc, A Limited Liability Company, on behalf of said company. Notary Public's Signature Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 12 of 12 Exhibit 1 PLAT OF PADRE ISLAND NO.1 Brister Surveying o LOT 10R,BLOCK 14 �� v.PAcssl s,wnn.xorxEcoxes oFulEcss colsn.>Etu � „wNo..o�zeoo OF.­D I IF DEVELORSIENT SERNICES ENINEER OF THE CITY HER—CERTIFY THAT THE FORT— jCf�­ATEIU THE DAY OF­2022.WITH ITS SE TERSTHE —OF A122 Co T Mr SEA1,OF THE COUNTY COURT.INAND FOR OFFECE.IN O-PUS CTIRISTL TEXAS.THE DAY AND �R YEAR FARE­FFIEN FILED FOR RECORD STATE OF UF S BY STATE OF FF S NUEcEs­TENA, OF=CES =S FINAL FLAT OF THE HEREIN DESCRIBED PROPERTY WAS CT o D=ELM DIBBLE STATE OF, S NOTES a` MNG WATERS POR IHE STORM WATER RUNOFF FROM THIS PROPERTYIS THE LAGUN GEQHASDLASSIFIEDTHEA—CLIFEUSEI—THELAGDNAMADRE REGIS EREDPROFEs ONAL aNDSUR EYOR —E BRISTER AS'EXCEPTIONAL"AND"OYSTER WATERS".TCEQ ALSO CATEGORIZED INE LAGUNAMADRE AS"COMACP RECREAHONAL"USE. 2.BY IRAPHIC PLO ING 0 LY THIS ERC�,­�LIIS IN 00 Ala"(EL 10)ONFLOODINSURANCE RATE MAP.COMMUNITY PANEL NO.4854640405 D.NUECES COUNTY.TEXAS.WHICH BEARS AT (EL 10)ON INE PRELIMINARY PLOOD INSURANCE RALE MAP.COMMUNITY PANEL N0.48355C0]55 G. 3.BEARINGS ARE BASED ON GLOBAL POSITIONING SYSTEM.TEXAS STATE PLAIN NAD 83(.).TEXAS SOUTH ZONE 4.1. 4.THE YARD REQUIREMENT.AS DEPICTED.IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE(UDC)AND IS SUBIECT TO CHANGE AS THE ZONING MAY CHANGE. 5.SET 5/8"RE-BAR WITH CAPS STAMPED"BRISIER SURVEYING"UNLESS NOTED OTHERWISE. 6 O DDR>��CESsroa�LIGGITYSTREET SHALL CONFORM TOACCESS MANA--STANDARDS OUTLINED INARHCLE7OFTHE APPROVED 8AFANYLOTISDEVELOPEDWITHR—FIT —USES.mMELuxcE WITH THE OPEN SPACE REQUIREMENT Wal BE REQUIRED DURING THE BUILDING PER-TPHASE. JUNE 29,2022 BY:PLANNING COMMISSION PLAT OF PADRE ISLAND NO.1 GRAPHIC SCALE Brister Surveying o LOT 10R,BLOCK 14 ��o v.aacssi s,wnv.xorReconns oF�iFc�s coian.�tiac �""• � „wNo..00��oo o i 14 F—TIB LOT 10B LOT LOT. L NW 45'15'&350.00' - 14 LOT l0R 2.412 ACRES `O 105,051 S.F. G G vol I F MR.—. R.—. � nf.xx.c'r. 500' 4449-W 350.00' SOUTH PADRE ISLAND DRIVE a (PARK AD 22) = =5M RE- — — —� — — — — — — —� — — — 0= 0=rxorExrr coxNEx n,,�noPM,,P:s�..,,rrn� Exhibit 2 .Ale• `' �'� Reimbursement Agreement Application r. Development Services Department Submit the Application to: contractsandaareementsna cctexas.com Mail to:City of Corpus Christi Development Services 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 Date: 5/01/2023 Approved Plat Name: Padre Island No. 1 , Block 14, Lot 10 Type of Public Improvements: Wastewater collection system extension Ownership and authorized signatories to enter into the agreement: Yasin Investments, LLC by Mosin Rasheed, Member Requested duration of agreement. 24 Months Point of Contact Information: Contact Name: Mosin Rasheed Contact Number: (832)922-7951 Name of Company Entering into the agreement (L.L.C.; L.P., Inc.): Yasin Investments, LLC Address: 14213 Punta Bonaire Drive City: Corpus Christi State: TX ZIP: 78418 Phone Number: (832)922-7951 The items listed below are required before an application can be processed: 1) X Application for reimbursement per UDC Section 8.5.1 or 8.5.2 2) X $535.00 application fee for new agreements and addendums 3) X Planning Commission approved plat (Final or Master Preliminary) 4) X Cost estimate for project from a registered engineer 5) X Public improvement plans or design memorandum 6) X Warrantee Deed for the property associated with the project 7) X Disclosure of Interest Form 8) X Form 1295, a W-9 Form, and a Corporate Resolution r Managing Member -Applicant's Signature Title City of Corpus Christi I Form No: DSD-3016 Rev. 3.31.2020 Page 1 of 2 CITY OF CORPUS CHRISTI DEPARTMENT OF DEVELOPMENT SERVICES (Required Items for a Reimbursement Agreement) (1) Reimbursement agreement processing fee of$535 is due before processing. (fee amount per Section 14-1341 of the city code) (2) Exhibit 1 - Approved final plat or master preliminary plat (3) Exhibit 2 - Application for reimbursement and lot or acreage fee credit if applicable. (Staff will send the applicant all the required agreement forms for signature after the application and required documents have been reviewed and the application fee has been received.) (4) Exhibit 3 - Approved set of public improvement plans or signed and dated design memorandum. Submit plans to: publiclmprovements ancctexas.com (5) Exhibit 4 - Provide a construction cost estimate and a breakdown of the reimbursable amount you will be requesting. Cost estimates should include title block with engineering firm name and legal description of property. Submit estimates to: Publicimprovements(a7cctexas.com (6) Exhibit 5 - Signed Disclosure of Interest Form from all interested parties including all supporting documentation for proof of ownership and authorized signatories (original signed form). (7) Standard General Insurance Information (documents to be provided before construction begins). (8) Warranty Deed (9) Corporate Resolution (10) Form 1295 use link below to access the form. Enterthe name of the type of agreement for box asking for a contract number: haps://w�Aiw.ethic;s.state.tx.lals/�A!hatsnew/elf info form1295.htm (11) A document recording fee will be due after agreement receives a second reading before City Council and is approved. The recording fee amount is based upon on the total number of pages in the agreement. Submit the Application to: contractsandagreements(cDcctexas.com Mail to:City of Corpus Christi Development Services 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 City of Corpus Christi I Form No: DSD-3016 Rev. 3.31,2020 Page 2 of 2 Exhibit 3 a CONSTRUCTION PLANS 3 a FOR PUBLIC WASTEWATER IMPROVEMENTS MERIDA PLAZA SHOPPING CENTER A �a is 15521 SOUTH PADRE ISLAND DR. � a LOT 10, BLOCK 14 — PADRE ISLAND NO. 1 W � CORPUS CHRISTI , TEXAS E. .z WQz I ECA AAs LDZ�. DRAWING INDEX: z`� p,••a F a 1. TITLE SHEET W 0.0 a ; o 2. GENERAL NOTES _ SITE 3. SITE PLAN W at pOpts 7PLQ 4. CITY RASE MAPS e—; n M L R Andre B.1 9. WASTEWATER LINE d a$u a.s ae = A vii a Porn 8.-8. WASTEWATER PLAN&PROFILE yam man a — _ o ggri P4.. m a na.ww mnnnoie.cn s mnmelar n q e ww mnnnoi.i0—iip 9. POLLUTION PREVENTION PLAN PVC E: h� nEs REE 10. POLLUTION PREVENTION DETAILS ove sery ce Tin gen meter rvoary aes wW mannaie II-0 aeep n e�oo a 9O Eeep N a 2Cr CITY DF CDRPUS CHRISTI STANDARD DETAIL SHEETS: eq y8 Ns s� 11-14 SANITARY SEWER STANDARD ETA.. - CALL BEFORE YOU DIG! °�,nNA o pp' � A W h rM uJ hitm re,PE, � a' o�c IEss VICINITY MAP CFM CPM 1.B00.344.83]] T N m©a VERIZON NN ALERT _ 1.800.483.6279 RELEASED FOR CONSTRUCTION NAT d~ NOTIFICATIONECOVPANY --C tl anmcw LEGEND ABBREVIATIONS. 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I 111 IAI 111 ,—1—ENE IIN—EIAL.111—N I—A-11 I I—L 1E 2--"Ell 0-11 OM-11E N—IIN EoL_N 'HE EDNINEE1 1HALL NIII 11PE-1 ME 1 —1 111"—1——1-11—IN 1—"111 ME IEWIE—1 I=NC.ENIOL 1110—INI —11 IMI.I—N N111 N IN, ­N1, N NHO I—L ElE l"N" 1, SHALL BE A—IDANIE 41H'HE LAIII Ell— 11LL ID III N H_lE"EN ILL—11—IHILL "'N'"I"Cll"PIE1111 IIENIM 1.0 1——111 IN IND— P V XOM IM N"P34P1IMLL llF IN A-0111— 1- NI IPEIFI=Ell IND sxwuca PiPFs NL111,. AlIll INI HEDO 11—1E N—E— EMN,—C,,NGT Nof—CEM—acs—se aIHIo%,,l�N accereonxre 1�,N,1111 .11--IN, 5 ­5 BE N ME F-1 1-11 m's 11—"111 MI I N.....oNTAo A N,11,1,1�LIINTI�I_PZ 1-11 1 p1,LD,0,T�,1,1,1N1-11 D-NI Ell,nreE ro e1 iry Purr Pwcre m RELEASED FOR CONSTRUCTION N 12 71 LE�NFEIIII-IIEL IHAI HAI 1 —11 INLIII N—D l"o =D_A� �N N� c. DM D LN��C 17�ID N lE LPFiIiE // . IDD SITE a a r— oa�s PAinRA AYE. S MUS OivE Padre B Park EAG ESNE i p] ggAY RALLI CPNI'Cl2 �v�q Aye � 3 - h�tN j ➢CS REC LOCATION OF PROPOSED zM aN a II(PROVEME TS e m LOCATION MAP= NrI o- a H W !, z° EF waz UC� Z 0.�-0.F El - El N A N W U D W O - NN.bFSA DiYE W .] El Ur N a RELEASED FOR CONSTRUCTION D_m � _ v 7 _ H a - nTm NJ Trip d 3 SITE LOCATION SITE LOCATION C N N k 6 a r a y W O F x GAS MAP WASTEWATER MAP Aoi creraw�s�uc � U C Hfffi Eu z d d N U E SHE U q,na s^s SITE LOCATION OCATION N LU °'ate RELEASED FOR CONSIRUCTON CL STORM MAP �1 �. WATER MAP cMemcam�u e�na 9!!IIIIIII�lc m. �o WIITEcA f SITE / : NF ; q ( ` , &¢ VICINITY MAP dt�} ©E §§� � � � } S\ : § !� �■!! El me/ ❑ �� ;°§ »- : g� 2 \ � a. _ } tea\ j:S : o11 r £-ip LC-fl r3 � l7oDpRo a o o� LOT SB LOT 7B LOT 6B LOT 5B LOT 4B LOT CJI3B LOT 2B E zLOT 12B e 350.00' PROPERTY LINE------ ------------------- ------ - -PROP.__5-0 LF--8'-P--�-SDR-26 -W LINE °O45 6 S 11 ---------------------- ---------- ----------------- a' ------- ---------------------- ------------- ----- - ------ ----------------------- ---------- ---- - - ------------------------- -------------- �+ a+oo� w ------ s+Oo w c LOT 2A m r C D 0 CA C� £LCI) a a 5 kl a 5 O 3 U a :O ®rf� C C E f'1 z O O m O p m ,o C OM A00 - O f'l C:) '� m C- o_ o o A w .. 3 D 0 r Z7 < E+ 2 z z rn 1 ( r z o "aI SHO o M `J� PROPOSED P G CENTER � ri _�� = � a zS 10 86 -- 1"=20 cao ' �PCa1aa. 0�xxNNm,.. C _ Uo 94 CQ 420 nEgPc,, -2 m 2 o; WW LINE @ j S SUR 26 PVC W LAE ® .45% LOPE W ?= -4 X0.4 % SL 50 -6(` OUT FL= 0.28 RELEASED FOR CONSTRUCTION n 6 U LL a -8 olrem el�r @ d _ v 0,00 i�oo MO 300 4,00 5,00 PROP. 6`9 WWMH A2 RELEASED FOR CONSIRUCnON PR P. 8`x24" 1 UH=5.80 r 7E4 PPC— 24"�—^.�5 - �- LMRA-A� L=-3.42 0 AP D=1 PROP. 310 LF 24" PVC 26 WW LINE @ 0.12% PROP. z Q N a+o Z? GAS 9+00 10+00o�mo+ C = mMaDcn �F-o�-1 + ��, XfTl1 F-` II Z]o DU1-0D F' ! II �'NO x_07fT17JJ�61 Hr N 0161 O FX frl �v@ mUl �cn O f1l J j m LOT 20B LOT 19B LOT 18B LOT 17B LOT 16B 3 a s aen CD �F- x U IREPACE STA. 6+31 � z LOT 21BPROP. 4`� WMH A3 nWWMH+ TOR= 0cn �1 �'-20wo2NNECTo 8,0' cS FL--2.75 c M LOT 15B D-8.6 c - m a^cE ----------------------------------------------- --------------------------------------------- ------------------------ oaa�_ _ _________________ ______________________ D cn 0. U fri m l N "a a?X 10 nl - ..7 8 20 .14 wl� ;f c ala - -- ------- ---- ----------------- I\ 4 + ;= m Lo 2 F d a E @ m W a z wx x I I I za -2 U 8•_-.42 U W N j_o d > E. AFI-ROP. 50 L 8" SDR 26 PW I PR i f m mmDU°- .459 SLOPE - 0129 S OPE �- in 3 ROP 'x24' NIN W PVT STU IFL 2'-4.7 _O m UT W CAP !FL 8 -3.4 S UU !FL 2' -4.7 !N FL-5.12 600 7,00 8mm 9100 1olo� EXIST. 8" WATER LINE - - - - PALMIRA AVE. Q + REPLACE A 350 LF 24" PVC SDR 26 WW LINE @ 0.12% CART PATH EXIST. 24" WASTEWATER LINE a N N 1 +0 13+0 14+00 U)z cn REMOVE & REPLACE 2" GAS O-131(7 z 0. FENCE G CHAIN LINK r Doo -9 ao m cn Z z cw =mz 3X-1 x � I oxm ND A F �r�o �J� 3ry REMOVE & REPLACE cn m cp EXISTING SIDEWALK a a + LOT 14B LOT 13B LOT 12B LOT llB LOT 10B H DJ � o � z _ o x m EW, z° SCALE.1-20 wo a z a U�� i � a 1m z a MHEOFF -1"122 ; dx^ 54 8 N 54 Nol o ---------- --- - ------------- _ i W qNc 4 ^s 2 a B z -2 [� E%4T. N m = -4 - W ROP 150 LF 24 SDR 2 C PVC W.W. I INE ®0.129 SLOP i XIST. 24" P C WA LINE - -6 -- -- — ' --9m RELEASED FOR CONSTRUCTION N ii�oo 12,00 13,00 14,00 15,08 N w GRATEINLET 3� SN?.KE PROTECTION e FI TER—FIC A ALONG F NCE ALONG SCALE:N.TS, B CK OF CUR 1-1 1-1 LINE Q1 j u 9 C C 3 FI TER FABRIC NOFCUNB M WORK a AREA m LIN E- F z° NPI AL STORM—TER z0.'q RUN FF DIRECTION UQ.Z z z PROP.B"bWV LINEz z J '= m W 2 ___________ NAROUESA DRNE -- _ o <7 O a az6 x<, c Ez =s e _mss aM�s..v 0.nl, f/1 0. tai FILTER F>DRIC xx 0. O a o 0. a . FITER F ABRI g FE CE m_ ,! PROP.3—LUNE \FILTER F1111 FENCE C i TSSMYiM61III w Vie`®�W�'��T FI TER FABRIC �._.n �__e m�xxe..r - F �mrxm BE !) v x CE RELEASED FOR CONSTRUCTION N cllyal Comu 0.�a,.. i 0 .,x�r SECLOtL � s wa•as ss�n vcnr ,K ri�rEre rnareie rWr�n�raa s¢rrnx.-A � °.�� rre ro„:�xws��•�:�awxr�r>�� "``n°"",""`"••yea° - _ rar.ogee n owrrx l ea�.xeP, INLET&MANHOLE \o�. PROTECTION BARRIER re,,,„„„„.e•„e„ nor ro v. 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TEMPORARY STABILIZED CONSTRUCTION ROAD rrs s°:a er w.rare�xx :ra,.rrre r.rx ewxr:� �r ENTRANCE/EXIT DETAIL HAY BALES BARRIER FENCE FILTER FABRIC FENCE DETAIL xor ro rxc xor ro rxc 2 uF. �' lneswLmm e>w•a,.>xe xrw,�r.�xw>r�x�x amwaree sxminma.rex,x�e eeexwr � ��yl� we,x�2o«m �.ews,r wnmaxw,P.arfurewwm= awr ., °x.e=,xr.°,res�reree�°xwx,x,xxx,x.. � _ A F— �xrrr ,,,,,,.,,ts„�°s o,re.r.s,revrere.°r xuaw euasr smws�x s°ca ec ezo rs� xux.Mw...m.x nem•ucxrc.nrx m m w�n�w�xrws �.�xMr..o<.c nnx�wr aeosws o-nez W U3 — A Mxe e,..a. .a .o m xe_smre wo ma,,,�,•,,,,,a,„,,,„,o RELEASED FOR CONSTRUCTION E�eu CURB INLET INLETre ...m..,.S m..:..�.AG INUrm PROTEC.v,,..� acw snw.en.nrems.ravn,us°.,�r�,w r,.,es.°re:re°°x°w.,e� meer NAKE AT THES PROTECTION BARRIER abamra SLAR 11011AE N seEL(s0'7 l I'D SUITILESS wmAi*ore N'AVEA 'AVEA "1S'CLIFF- IE°uiaE I,o E.Ea oa vaovio[ EEL(o�EFR FL wsurv�eirore urvanvEo PwvEo r"aoas OPENING. aEE IE'So&Ei'EE 101 MANHOLE REQUIREMENTS �LZAiV s sNc[i N 1sN ALure(ire°°oe oa IN aEeaa aErvwacE"Erv.o`pd�aaasloE� m�usuEursE[i e�Exuq E eu I'I zr 7000's IONcaETE c vvE Aau[ree unNBOLc onu[Tca "A'E 'IN NI 3AOA's c°ry OF c "APE arvcs E " <O a - aEawHE"T mzUsuErrr ( r.aul TO rss e e`��`n 'uce n°rvarene TO TA'Ar cAreA 'FACE CANIIETE F.FOR —EEL Ta s4z' s NO Av , IUPAG I'GIN \ i / (• LAID:} uiry R / FACED Ar o B 4PPRGVEG COATINGS TABLE `n ;\�` IN IIALL T z1T ry FINAL TI F AAT nE u°�zn�M*va[aFLO CAP LTHINE-'E OR ALL UP T'Ep i EnsHAN THEirvcE sa AU(T sZED _p'iN aUBBEa GsuE cEUEu*s/c✓) eANAEA EAivrS C"eILF Exisiuc apJ"a^cLLi BSE. 7pg cOUC.aOBnvE �� WaE IFI>.sA 1101Aa cear'aLL cOucaErE SuaEsScEs INCLUDING BEUC"&waLLc FL LFOTWIA GTOL ANNEcri0ry 'FILLIII AIT"A_�erefee BE soa zC r� RELEASED FOR CONSTRUCTION — FIT o r N �o " i vartE my mU'sa sao0o'sl 0 w� _ DAHAF LL ADD (TOO's Ury zA Aays) /f7E —ate E _ sr PE Ddu aµcwa n�NQ U _ _ iz arvc �Eot�ALY'\\:JY (i R. 's uu�za Anvs) CEEEraz Ess �.�.�a�w.n3m.d pi" AAU IT A FLOW ENTEI °R(u uuuu 2 T"'DRESS)FIAI//s \ ="I °R(UUUUU rA IENFLIUE DAuT orvEEL a)E` \s uvEar DaI'LIN ° . E` \ \ rvry 1 Ervc uEEa ESI CUED By TDIRT FE.121 1 IT ZIRIOTE'II Ga0uuAwaTIS S aaESEAn (� Ga0uNAwaTEa S PRESENT N PII PRO TOR OEN`Py I II A11—UA�sruaE.�U oAsre _ �� A",�UUU UA�sruaE.�,U 6Ase �"R% V�NI I ERIC a FIBERGLASS MANHOLE ABEw CONCRETE MANHOLE.1 RIC B`OCE. III x rx NOT TO SFALE NAT TO SLE le�o w w U aE IA _ "IRc.NI.CILFAre FILA NINE O ED OLE OF1L GEMAINA OTEro UANBOLE LL fEieED LA' w. u. M E ar LABE IF RGE PC AWAETER'i' ore ON..FE n�Ea sA' ATusUE IEFEL cs(r e'Uax:)T U F.C CLAGO �p E(Tv',) as C PUN. v^✓¶rAeLL Ar"e _ cA 'm A/z'amius fTw.l ���I�I�IIIC/ 12' r TO caaAE creeTE ° �IT 'FAN z°�E UIE rvuoeaa s AL AIIEsuua oa"vwE aux PAa UECI C„ coucaEiEEA'aoTO cnaNOF c� WASTEWATER MANHOLE(BOTTOM) �ry o,EETTUE +a RE qa<Ew+ c a ( ) PIPE SEAL DETAIL T'ES,aT'2'°'` LF NAT TA sCALE NOT TA CIELE p9 G I o PC N MANHOLE PROTECTION IN UNPAVED AREAS ' S `E GENERAL WASTEWATER CONSTMAN NOT TO IRATE TOC RUCTION NOTES: (CULTIVATED/SPECIAL) - a FE FEa I HE IT E OF I OE �'a A s B EE T N0vRCH THE BE THAT"°u E EE EuHE E B°E SE ALL AEE a CONI.�L �E €r aw �� TAry z NEA aER,FATONG PEI 0 LAC CHAPTER ro T"E E.... .. a �$ °a sEr.IPi RA w o LN 11 aErvA f2C MAI, aw a. FER S�wiHOT�R0 s. NcJ ENis"caouuB f'. UaiN PAACONIECLE s N To wTBSANA caAurvA CONCRETE PER' oEaaeros IEIscP P°rewEovs TaLEUNE CN CRETEO.P11 PLANs. alo0(PaacERE RE'AN AS EAUa...LE BE s"au N c o IT`O INC NIIa NCASIBv c[0 Eca0urvSAE coucalTl couaa �UB �E� earesEl airy(uTrvuuu) NR EA _ s SNEET 11 If 14 s. NFLALL EAaa U4�ry Nus,BE NARoN NAaSTHE, AERAN EaAU' LEL w,T"AAwrvs aE�aAw A,aE�,AN, FORBoI MANHOLES SOFT APPR"AETE MANHOLE PROTECTION IN UNPAVED AREAS Oreo o�vw�No No. FORCE MAIN DISCHARGE MANHOLE DETAIL B. aENHIEUENTI.FOR AaEa-15 NASSAU AND NENL1 Nus,ALSO NE EALTAav IrvsTALLEA. (RESIDENTIAL) NET TO SCALE NOT TO SCALE w DEI 11.17 g CCNSJLiAM'S SHEET NO I "I I"I —11L N(ss.)DOE s I'll—1 ".1. ".1.RE IND11MENT THAN("OFF,MASS z L°TEROLs.CNIROF OF FLOO s.BNERT,oLIH1ONO NP C CF,w"'A",cNI In i TO, CC,A FCO'FALL NH BTC,ANO HOPE All"TMENT reMF, TTIE N RRS HBLC RCOGHEN TUE ENTRE y nL,AOIETaE N DEB 5 Tu T P E R ST a E a a a BEL 5 TUE BOTTa M.SUBMIT PROPOSED MATERiaLS TO BE USED TO TUE ENGi oa A,I�IT TO 0 ALSwwE—TI.TO PREVENT 11—IT 6 PEOV HE COAT NO To EFPFSEO CC AD AN AA1HTO ON SFALL%FO & NSERT TO ET EVENLL ON eENCHEs CRHCHPE EENCHEs Cuo TOE EVENTLMEr5TQE Ex STNG MANHOLE(� SaCits (ExACT Lo HIT 0 HE E s BBMORE EAS<ERCONCR�BRCV oR sE�� EAST aEawTHE ELL CONNECTB�M4,°BA :°� �ExcavATON WALL ITI 11E FIRE IIAL RETAIL ALLOW SEAT"OnEl P TO NO - _ aREN IT A R. INT�NC PAPE F,�Es „TEa s,BP.mss-ENOL~ PBP B)MATCH`S= EBmIOLE TOToSOF RNIIETE - CFLEET M BENCH _ B To MANHOLE Nave BENCHCTN IT � ,l BRECTEB CoMRo,oR EAN FACIFIL Ann d�oCE,�CpCuCC°),00 Ps MN. Ca ao w,H IT o —Al RNCC T LENA ETEEL L ME R ANNONE'EFTNA 'AL PROPosso E o III x FECOT(Iu sV AT NSERT LL AR - !! TO PROVBE,CIT s REouREu Illi o w w ENsrINC CONCRETE HOOFRNEC.AN FLDWABLE ELL FRP INSERT REHABILITATION OF EXISTING MANHOLE FRP INSERT PIPE SEAL DETAIL NOT TO SCALE NOT TC CSE U 0 i/aLSTEaiNc (1)oa VENT HOLE EocE of RNco rw OLE c��MAIHINE Iz)v i/z'cLosEo Pi HOLES / R A Av MwaH RN wa \^ , L f�E I N o 1 ` I o OHa�wuL sucH THE CEN•CLEAN C w m urea 111E F.1 B1PEN cSTOV CONCRETE V 'PERE, P7 o p E r. o w Toa("TEs RE so) 0o Les)ANO Mus BE NSPECTEo�Pac ON THE W FREE TE Ro BE M,.cH NEO) — f AIR TEO To T N a AT su of THE TEFIN 0s SHALE RE TIC LT ES R IL LL PROVIDER THE ClyTHE MANUFACHT COVER o ao RES COVER PLAN VIEW FROM RECD Eo ,ERS.THE DONT oTOR S L PROVIDE CERTIFICATION ¢ a o a NET TO ICALE 5n MATNICAO11111),) oEoap BBBR. a= �a= /a.oV. casVs oPENiNc L s i —— _ E- `L K EouNOav Rc,NBo�esEa w zn EBO12247 U Q o 0 sPECEicanaus E N R. uE � #111 e RELEASED FOR CONSTRUCTION -Neoz>>s1 PER MaNOEaCrORER NEErwH Eouuoav - rc � or izTa HER MILIFFECTITIE1 a) aOLN, AL)MmE�NATH MOA) serrT 12 0) 14 (C) OVE allo Nm INTENDED FOR MANNED EMR~. swat eE z° owMSER arwan oaawwc mo re �w. SECTION OF RING&COVER RING&COVER APPROVED LIST NOT TO SCALE - �P ARaECT d APPROVED ARVs �L"SN0 Eou aEUErrii IIIFOw N"6TOa. LD(ss)R ON -ry "DIE—1—ENT 1z e EI IIs)ANO see BL 3� £ o °DND ESE" R. —EL P °PPE"C NDC,E°" .0",CE VENT° °°EL"° ,°PPE 4ONT AN°"E ABLE vaLwa c vN.�°"vN ADS -KH, ° PDN6-CICBE °PPE" CTE I RsrPRo�BETDp�E°CI"TAP. IEECLEAN°°, OF CE NvrnEC R EVENT °TEENDEDaOINT De 'E EE�� ST D°xTO s PE" E °D"DONDE°�C ;°EIs,ez :�"0.LEM °"L AllDVED�vT�LE °EPA E�, "° "Eo�LEI4oPPNNLL .ED 10 - (111 D�n)�T �aE STAN s STEEL "TL�TE=DEPT2ENT TEE CONNECTION a - 11 CLE.1 IN EL ICDO PAI CONI"ETE D . CIISIEN STONE Ra — TOOT T N A a1,1 �ti° °°.z °u�IF °a E PSH. � FRONT VIEW DID— SIDE VIEW z v oL"_ OE°CL�°LOCAT N AND CANT°v DOL DADA ° °"NDwaTE° EE NDN FMNTON P C z O a A TI Top 6 EMIT'A'FBOLLARD DETAIL DEEP CUT SERVICE CONNECTION v AIR RELEASE VALVE AND MANHOLE 0Pi1NUN NO�N,uDE`°NTENT 'I OT TO ICALE NOT TO SSE m NOT TO ICE o L lu�o x RGLGASGD MR OONSTRUOTION O � ? E ane wNon ti anmcorw. io.. L' n 0 SERVICE CONNECTION NOTES: EON ECTON TAP To THE E ANNE LANE°°TCS°E S TO BE SOLVENEAlEMET WELD n"40 -1/1"NE ° o o " �A,'EDU"D �,"°LA°E°PLUD I ED �� o E NI PVC N °1 VIP—ITIPTI oD,EE o�DENTED AT a c o sO USE D�N n n CA o WIFE OF"EOD"ED m",°E"DN N °� ,D,"E N LNE o x o "OVINE as NEEDED LIE PPEOw/CIF d'F Um� N LCIATION AND ESI` Awa OF PAIN REND D.N N aDNN " PLAN CLEAN-OUT BOOT c� Q ES OFF"R;,O� "U"oE'"'�E" NOT TO IETALE NOT T A E- w w 4s Oa eO' E-� > (C P EEININ c,o F CFE w couPL Nc "srdNLEss sEEL s"En I °vAE's' ALAS" z-,R' U 3 IF E" LACE IDEI �K' /A, urea IHIIN. uEis No z . )� i _ soNEs Ce EAM < LASE� a EM N w/"EDu CAD LE�ETO' %1m�,iC�L` a�.�""NPA°"Ems,(I°"°Is E°" -° "°"E° ID"ND`°""°D) '/ °a "-E°"° SECTION A-A SECTION B-B a slur 13°r 14 POLI IECTENTVE END CAP ON Eacu END. NOT TO scaLE NOT TO CIELE FECORD D{SWING NO. SERVICE CONNECTION DETAILS STANDARD SERVICE MARKER TYPICAL CAST IRON CLEAN-OUT BOOT NOT TO SCALE - OUIIED Eaa SUIEET TAP NOT TO SCALE w cim aaarn p uNEwv E' T SCKNES9 O E S R 5 10 LESOEo—}—awvEo ITSwi BE caL.YES ANE)EM. ooV zo PC THIN C0.rWDLOEB swEELE Oa aurvNEa 5 agars � f EE OF as NG TOPSOL CEE TABLE 2 TEM B NrvNaa u aAVEUEM ITEEL FRANC 1111 GR011PAVEUErvr E 1u cKNEiS Ore Ex 51 NG NNUtE1E No$aQ \ c reVrvMres AS � , DLrMEre PUSI EASE MEM "'..oz�o ` ._ SEE NOTE 2 v 4"TO 1U''CASING DETAIL - z AE""'a,O - - GH°o;M`;E�°N o B)s�ry rvsEE NOT TO SI.LE �B ,„IFT F TIETIrvc aD,�EM BSE. Tref - - re `L`rs scAs of cEME rAiBc n2ED D PIPE oOATESTEEL IFELID�I"I"E S wLIPI ATEEL.1 T1ILLI N COINED'o"FAT- ? I IMPORTED 'NOTE EeL°sE� caurvMs nAcuET ;aAeLE z TEu A NOTEIEI z AaAD EcS U NVEae - 12”TO 36"CASING DETAIL ENOLEP�LFoa.1u,T�B� Are OAosAEIZN. °EEEaITIEOTO MIT,O sPaLE REINATTA�11 w LL rewL��T-sBAu_1rvLre1°E "ELLETWEEN SPACER -_ MATERIAL ZEE TABLE 1 re°iEAALLCIET111111CIPIIIINTI usRa�AwF�LLEaaE ,�S FOLIO -PAPE DSA z DOR�Nr�;�E a DEC N°TEs uw,MATEB� - = Ow111 RENTaEEnw. LE IT, LIN, IT MAS.DMCAR NO OF ONEER STOOLO BE CPACEO SreDwry�ry T�TRIENCHOIL BBACKFILL FOR WASTEWATER LINES L N"s' III} Q.� B�ME OF,O�NT CASING DETAIL AND PAVEMENT REPAIR FOR UTILITIES MOsrBE�NLLUOEO�NTreEOreAM�ORsiPEann�TA"4���4T�oN- LIIII o GF,` NOT TO suLE NOT TO CIALE o E GENERAL NOTES FOR BACKFILL > TABLE 1 TABLE 2 ~ BEDDING AND INITIAL BACKFILL FINAL BACKFILL U o (BELOW PIPE TO 12"ABOVE PIPE) (GREATER THAN 12"ABOVE PIPE) UNPAVED AREAS PAVED AREAS L STILL S To E To FROM'2-ABOVE PRE L IND ISM TTA CNLO FF CASING NOTES: ODUBEO By 2BV.�Nc OF MTDaeL LONE Oa°wEL ATAIPLATLIL- APORTL sALL MEET ME TreEEf FOLLOwArvcCA AA LL - A TO MENT1 BE, EE ALCMRPOGL,�� y a= CTP N.LOOM,M aOire�LaNE SHALL BEBBL•Orv� E EET ENE"NAIRTI °LL°Fl.DEEP ANDw�rvc CRITERIA, E E O E.B MATERIAL O TO LE'P ALAEED 1,ALL FAIR El P�sE1,TIE IINTIACTIR%�N Eo PllA CAP I LL RE o° of TM D240T FOE. SL O OMPaMOST'AT ss�DMBD nD PaOlTOa - o� OFF,ON AAAEA P�aEs.ILL MECAwc,wE�OwT aEsawMs Ba aPPBOSEB EOUALANl Ip STD.PROPTOCIMPACT RE(D698),c MATEBrvL FROM E*cASAT�ON �E- p - F ao STALL ON"ED sw-sM cw-cM ATED TO p_ B IT TT Tref LICAMTONT-Ne P�PE1EPEAaA4,ITAGNI SPACERS SHALL HE SIZED TS SEITTRELI FADLEN TO THE CARRIER PIIE 0 ANI °�. :OF OPTIMUM TLE TADEL"NTL D DELOw.EL cEMLM III PACI°On L xw - AIER AT vw END swLL NOT BE FVaTHEa Trow 12 FaOM THE END ausiCiT DOE,,ED-NP TO,°MA, F aoa0 DASE r E SECTION. IN IE OB IAECTOCRINHEDCca(a2ELL MEETING'SEL W ."'N OF.TABLE.LICE cz,usre BOTTOM OF BOAO acsE. Mae�uzeDT DO pCEAS STAFF RE I FEET 1,TIE SPI ENDS 11 TIE GRIND 'ALL IN lEALEI WATE'TNCED s°'o s�auon°e Eo oF�f�s sK/Lirer;H CEMENT F w a N,MODEL Az-SZPE,Psi MODEL e ENDre IEPLreGO AN E BOuesE A.SCaEcaTE.T.BOT ITEM 421,CACHE 2, L FOu°wwc F r aPPawED Eouu. Oa°"4- B,AL"`EB T°BE PLACE,ory T"METTOR TEP CO L aEawaEUErv.saN L) I D.creusreED IME—E CEO TIOT DEu 421 GRADE 2,3.are PD 4oc -GOA 140 RELEASED FOR CONSTRUCTION 1"0 11 NI-10 aATT,O F DSBB MO�sTUBE,O s EE,14 ar 14 R • e��r TO(11-21)OF°aTiMUM. FECORD DFAWING N0. Cltt PRWCCI�' Exhibit 4 ESTIMATED REIMBURSABLE COSTS FOR PUBLIC WASTEWATER IMPROVEMENTS MERIDA SHOPPING CENTER, 15517 S.P.I.D., CORPUS CHRISTI, TX Sanitary Sewer- Reimbursable Items Item Quantity Unit Unit Cost Amount 1 Mobilization 1 L.S. $45,000 $45,000.00 2 Connect 24" PVC to exist WW manhole D= 13' 1 L.S. $18,000 $18,000.00 3 New 24" PVC Sanitary sewer line D = 10' to 13' 668 L.F. $950 $634,600.00 4 New U diameter fibergl9ss WW manhole 11'-12' deep 1 Ea. $19,000 $19,000.00 Replace exist 4' dia. WW manhole with 6' diameter fiberglass 5 WW manhole 10'-11' deep 1 Ea. $34,000 $34,000.00 6 24" PVC cap 1 Ea. $800 $800.00 7 Trench de-watering 668 L.F. $125 $83,500.00 8 Trench protection 668 L.F. $8 $5,344.00 9 Storm Water Pollution Protection 1 L.S. $15,000 $15,000.00 10 Remove &replace concrete cart path 120 S.F. $55 $6,600.00 11 Remove &replace existing 12' driveway 120 S.F. $65 $7,800.00 12 Remove & replace concrete sidewalk 120 S.F. $40 $4,800.00 13 Remove &replace existing chain link fence 285 L.F. $30 $8,550.00 14 Temporary chain link fe11ce 265 L.F. $25 $6,625.00 15 Remove & replace existing grate inlet 1 1 Ea. $2,500 $2,500.00 16 Fuels, insurance, video inspections, construction supervision 1 1 L.S. $183,500 $183,500.00 Subtotal Construction Items $1,075,619.00 8% Engineering Costs $86,049.52 Sub Total Costs $1,161,668.52 10% Contingency $116,166.85 TOTAL $1,277,835.37 WASTEWATER LOT FEE CREDIT $2,972.33 TOTAL REIMBURSEMENT FROM TRUST FUND $1,274,863.04 Exhibit 5 CMCLOSU E OF INTERESTS Ctt, Corpus t £��ITI 12, n amonded, MQUIM� �O per forts o"k na to dO�WO.-ft .coy_tis pftrvide " htf6►matrorr� ��rta'questio�r �`be a�tse d ttr4 gr�tt�zt�.�i; :""mftsw Answer w lth'W. NAME. Y's,410.1rMstments,LLC # Uq 0t�$lre Odve �p $ ,TX gip;STREM � t. # 'Pamersh�p r3sw t mer Auso�tMIO(l [► tLC ..�. .�. !. BtF the r�ama ato havtn . att '" +iCMailtt cwart itlttitIt!3%of"ww e�.t �f�'t own kfa.xrte .tid Gffy '� ►�N: . 1I .1I� `�fttc�tF' cif tt# a �.blp' h htt havtc� . nr gee It#1n� QwnwM d" rrn'" ma ga �th*( Ct�erba ltalrtn�t an ctr�.,t±tuC9r+tt f��� *� J*.4f a attl r a the Ctty©f Corpc chfiatt whawork*01 ANY 11 �tewtoore ttr: contract and hay ae*awn r%nlar arMr+�t'� ort#t t dt corta�ltarlt tC 1't' 1d 0e Notaitbed) t s tit a1 pmvidod to true;and WMA:"c�f� of this atate�d�st,ttia�I:��k t wvfilC�ihba�=an guested. aut starerr,�nts wt#� aruttrnf#tett ft thd4dwswe '*MF e o►t uoaft",'�exaa�s ctra�+pes at rr Ce Moir! sheed Member " -ifying Date, Signott.'"of C yln 'P# . DEFINITIONS .taQ mus t,tat 1+l dt kk+ +*,Ulm f ooaopkc ++, �, "��1►�tttb�` �Frs+�rt i0f fir. � �� :ap�rintad'�y t:It��r�- t;.Tees. Any perwn amps by the t O(Carps Cttr ,T*Xos.:either on a lull Or parttM tasty,*A pit "Mtn dent ontreawt: " h>Et€M prate art of q[ Rr , wbether r i it d v4ta w rm fhti9tt t tzeod .ar deft wwttt am Rr tip,rn�r�rd� g but`nnt jim3tect tv.enkil�ea t�perat ire the fo � ta praR�ictor�i.a� �t�i�-er;► ,p�:._paztnemr�ip: carfraratevc�, gaunt st�c�:.rcrmparry, taiitk venk8xr�: e %var sp c)r tom: a "itkt Y t cit xaR�an,r��+ t ate a c�sr�praiit pr ant tans, ti. The M yar or, Oepu%Y Gi M8>lager, ltisSMW CrW fret "ent no ##� 1. I 4 E it at of a t;pty>� Ct ptTIs Chrtsb,Texas tpt�re t' egai +s�eq a�kabt 1 tl :itt�>a or ear+structhrol Najd} 4t a firm, incjf tding 0, "oWng+rrlia�t .t4r �tt'tt�liw!�ig�-h+elct" refes� 1`a ktf tF 'lt t� lsshe4 thrtlefgl� li .1SL5S 5, p'rrkicrt�� L1C 5 tetrr at t?tr V#jf1 to.ft or pertCtB�S?�t agreements. ' s etnt . Any parser++fir t�rrr�, st h qs,ei gIne r&8r►d,er tette ts; rssr a ss t€a airy rp� hrstt far to consU1tatiGtt f@CQ C1mQnQSSi051 : . Rkzselt3Jt 1 f� 2 or I ttt 4 P �tom-4Lt Wastewater Trunk Line Construction Reimbursement Agreement Purpose of this ordinance is to enter into a construction and reimbursement agreement with Yasin Investments, LLC for the construction of a 24-inch wastewater trunk line required for the proposed shopping center known as Merida Plaza Shopping Center and appropriating $1 ,274,863.04 to fund the agreement. City Council September 19, 2023 Location Map r 'I WASTEWATER I IN IMPROVE MFNTSOF Location Map Padre Island#9-Merida Plaza Total Reimbursement Estimate Sanitary Sewer-Reimbursable Items Item Quantity Unit Unit Cost Amount 1Mobilization 1 L.S. $45,000 $45,000.00 2Connect 24"PVC to exist WW manhole D=13' 1 L.S. $18,000 $18,000.00 3New 24"PVC Sanitary sewer line D=10' to 13' 668 L.F. $950 $634,600.00 4New 6'dia meter fi berglgss WW man ho le ll'-12'dee p 1 Ea. $19,000 $19,000.00 Replace exist 4'dia.WW man hole with 6'diameter fi bergIass WW 5manhole 10'-11'deep 1 Ea. $34,000 $34,000.00 624"PVC cap 1 Ea. $800 $800.00 7Trench de-watering 668 L.F. $125 $83,500.00 BTrench protection 668 L.F. $8 $5,344.00 9Storm Water Pollution Protection 1 L.S. $15,000 $15,000.00 1011emove&replace concrete cart path 120 S.F. $55 $6,600.00 1111emove&replace existing 12'driveway 120 S.F. $65 $7,800.00 12 Remove&replace concrete sidewalk 120 S.F. $40 $4,800.00 13 Remove&replace existing chaff n l i n fence 285 L.F. $30 $8,550.00 14Temporary chain link fellce 265 L.F. $25 $6,625.00 15 Remove&replace existing grate inlet 1 Ea. $2,500 $2,500.00 16Fuels,insurance,video inspections,construction supervision 1 L.S. $183,500 $183,500.00 Subtotal Construction Items $1,075,619.00 8%Engineering Costs $86,049.52 Sub Total Costs $1,161,668.52 10%Contingency $116,166.85 TOTAL $1,277,835.37 WASTEWATER LOT FEE CREDIT $2,972.33 TOTAL REIMBURSEMENT FROM TRUST FUND $1,274,863.04 3 Trust Fund Balance as of Mid-August 2023 Available Combined Trust balance as of previous agreement is : -$2,197,261.70 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$9509201 .75 $379857.02 -$8999131 .21 -$3859785.76 Upon approval, the Trust Funds will be: -$3,472,124.70 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. �vs cr� �o o H AGENDA MEMORANDUM CORPOR I First Reading for the City Council Meeting of September 19, 2023 1852 Second Reading for the City Council Meeting of October 10, 2023 DATE: September 19, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works ErnestoD2@cctexas.com (361) 826-1677 Ordinance designating the new Park Road 22 Bridge as the Don Patricio Bridge CAPTION: Ordinance designating the new Park Road 22 as the "Don Patricio Bridge". SUMMARY: This ordinance authorizes the designation of the new Park Road 22 Bridge as the "Don Patricio Bridge". BACKGROUND AND FINDINGS: On November 9, 2011 , the Texas Department of Transportation (TXDOT) and the City of Corpus Christi entered into an Advanced Funding Agreement (AFA) for the construction of the Park Road 22 Bridge. The bridge is currently under construction and the project is scheduled to complete construction in November 2023. City staff received a request to name the new bridge as "Don Patricio Bridge" upon its completion. City staff determined that Chapter 311 of the Texas Transportation Code grants municipalities control over highways, streets, and alleys located within the City limits, including the ability to assign names to highway facilities within its jurisdiction. Being that the bridge would be considered a TxDOT facility, staff felt it prudent to get their formal approval on the proposed designation. The City submitted a letter request to the TXDOT's Corpus Christi District and received approval to formally designate the new Park Road 22 Bridge as the "Don Patricio Bridge". Further, staff sought to engage the public for input and took the designation to the Planning Commission on August 23, 2023 where it was unanimously approved. The Public Works Department will install and maintain signs in accordance with the Municipal Maintenance Agreement (MMA) between TXDOT and the City. As part of the MMA, the City is responsible for the installation and maintenance of special guide signs, when agreed to in writing by the State, on Non-controlled Access Highways such as Park Road 22. This name has historical reference as the first causeway connecting Padre Island to the mainland. The Don Patricio Causeway opened in July 1927 and was swept away by a hurricane in September 1933. Additionally, the naming has symbolism associated with former District 4 councilman Greg Smith, an advocate for the Park Road 22 bridge, and his great-grandfather Patrick F. Dunn. Mr. Dunn owned the majority of Padre Island from 1879 to 1926 and operated the historic EI Rancho de Don Patricio. ALTERNATIVES: An alternative is to not approve an official name designation for the new Park Road 22 bridge. FISCAL IMPACT: Expenditures will total $1 ,458.50 for FY23 for the fabrication of two sign assemblies. Funding Detail: Fund: 1041 Streets Fund Department: 33 Streets Organization/Activity: 12320 Signs & Markings Project # (CIP Only): N/A Account: 520130 Maint & Repairs RECOMMENDATION: Staff recommends approval of this ordinance in collaboration with TXDOT. LIST OF SUPPORTING DOCUMENTS: Map Resolution Ordinance designating the new Park Road 22 Bridge as the Don Patricio Bridge WHEREAS, Chapter 311 of the Texas Transportation Code grants municipalities control over streets located within the City limits, including the ability to assign names to highway facilities within its jurisdiction; WHEREAS, the Municipal Maintenance Agreement between Texas Department of Transportation ("TXDOT") and the City of Corpus Christi ("City") provides that on Non-controlled Access Highways, the City is responsible for installing and maintaining special guide signs when agreed to in writing by the State; WHEREAS, TXDOT and City entered into an Advanced Funding Agreement on November 9, 2011, for construction of the Park Road 22 Bridge; WHEREAS, City now desires to name the bridge in conjunction with the completion of construction of the new bridge; WHEREAS, former District 4 Councilperson, Greg Smith, was an advocate for the construction of the Park Road 22 Bridge; WHEREAS, Greg Smith's great-grandfather was Patrick F. Dunn, who owned the majority of Padre Island from 1879 to 1926, and operated the EI Rancho de Don Patricio; WHEREAS, the first causeway connecting Padre Island to the mainland was named the Don Patricio Causeway. The Don Patricio Causeway opened in July 1927 and was swept away by a hurricane in September 1933. WHEREAS, staff recommends naming the Park Road 22 Bridge the Don Patricio Bridge. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The new Park Road 22 Bridge is hereby named the Don Patricio Bridge. A copy of this ordinance shall be provided to the TXDOT District Office. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary NEW DON PATRICIO�BRIDGE �' K, ' b O� R°RESTgy S e - o ggNDtiOR °�� , DON PATRICIG BRIDGE r .._ T°ps LANYARD DR RD�NFOy 2 M1 ��� E a ST PGCTP� A,i�Sr W R SEAFARER DR Ag1q D� �1/�r�WgVE QQ- h eq .may..... ! N yr � � •-\ BINNAGLBST• y 3� ���` ° JIB BTAY.BT °�1 U 5 � �" tf• Rp Ni °RwA<R KETCH ST N Rp4°h,T RUDDER pR STgUGUS7'J MAINSAIL ST CRT � � f t f qVF �'vF r OCKDR � � 3 .�LAF�FlTEllDR Legend - WHITECAP BLVD New_Don Patrcio_Bridge y .•. BOUNTYgVE CHESAPEAKE G c 0 Don Patricl w m LL. z. Brid ii w 9 0 'I A A B C D E F G 66 36 0.75 5.5 10CV-5WR 5 2.25 Public Works Department Ordinance to Name New Park Road 22 Bridge- "Don Patricio" Bridge Designation Council Presentation September 19, 2023 Background • November 9, 2011 The Texas Department of Transportation (TXDOT) and the City of Corpus Christi entered into an Advanced Funding Agreement (AFA) for the construction of the Park Road 22 Bridge. • The City now desires to name the bridge in accordance with Chapter 311 of the Texas Transportation Code which grants municipalities authority to names to highway facilities in its jurisdiction. • City submitted letter request to TXDOT and received approval in accordance to Chapter 311. Don Patricio" Name Designation _ g • "Don Patricio Causeway" was the name of the first causeway connecting Padre Island to the mainland. • Named in honor of Patrick Dunn, who owned land on the island, and g grandfather randfather to former District 4 _ CM Greg Smith. • The Don Patricio Causeway opened in July 1927 and was swept away by a The Don Patricio Causeway circa 1930 hurricane in September 1933. From the Padre Island National Seashore archives 4 Recommendation V,^U7 • Both Planning Commission and staff recommends designating the Park Road 22 Bridge as the Don Patricio Bridge. • The PW Department will install and maintain signs. Department of Public Works Lz Questions? 5 Bridge Naming Application Form City of Corpus Christi Step 1: SPONSOR Legislative Sponsor: Councilman Dan Suckley Phone: City Sponsored:[KYes ❑No Sponsor Organization: City of Corpus Christi Step 2: APPLICANT Name: Councilman Dan Suckley Organization: City of Corpus Christi Address: 1201 Leopard Street City: Corpus Christi State: Texas zip Code: 78401 Step 3: NAME REQUESTED The proposed name may have a maximum of two lines with 19 characters per line (including spaces). Line 1: D O N PA T R I C 1 O B R I D G E Line 2: Required Information (check appropriate box): The requested name is for an event, place, organization, or person. _Event _Place _Organization X Person Step 4: LOCATION List the State Highway(s) and intersection(s) of the requested designation location: (Example:SH 123 between Street A and Street 8) Park Road 22 bridge Step 5: REASON FOR REQUEST to honor former D4 Councilman Greg Smith for all his work in championing this project. -rY of Step 6: FEES rS iZ��T # Go,,,izjL- 1LE�'tQEI� ❑By marking this box, the applicant acknowledges responsibility for all costs associated with the sign design and fabrication. The City of Corpus Christi (Public Works Department) shall maintain signs in accordance with City policy or Municipal Maintenance Agreements. Fees are not assessed for City sponsored requests. Traffic Engineering *361-826-3547 * ROWManagement@cctexas.com so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of September 19, 2023 1852 Second Reading Ordinance for the City Council Meeting of October 10, 2023 DATE: September 19, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, P.E., Director of Public Works ernestod2(a)-cctexas.com (361) 826-1677 ORDINANCE AMENDING CHAPTER 14, ARTICLE V OF THE CODE OF ORDINANCES TO ADOPT A NONSTRUCTURAL FILL POLICY CAPTION: Ordinance amending Section 14-556 of Corpus Christi Code to adopt regulations for nonstructural fill on North Beach; and providing for a penalty not to exceed $500 per violation and publication. SUMMARY: The purpose of this item is to revise the adopted Flood Hazard Prevention Code to include a policy for placing nonstructural fill on undeveloped, developed, and natural areas within North Beach. BACKGROUND AND FINDINGS: Under the Flood Disaster Protection Act of 1973, as amended, flood insurance must be purchased by property owners asking any Federal financial assistance for construction or acquisition of buildings in Special Flood Hazard Areas (SFHAs). This financial assistance includes certain federally guaranteed mortgages and direct loans, federal disaster relief loans and grants, as well as other similarly described assistance from FEMA and other agencies. The City of Corpus Christi must adopt floodplain management measures, such as a floodplain management ordinance, that meet or exceed the minimum National Flood Insurance Program (NFIP) requirements to avoid suspension from the NFIP. With the recent revitalization of North Beach and other areas within SFHAs an ordinance establishing guidelines for nonstructural fill was not available within our code. This ordinance will establish the necessary guidelines for development while at the same time keeping the City in compliance with NFIP requirements. Under this ordinance, minor grading and the placement of minor quantities of nonstructural fill are allowed in Zone V only for landscaping, drainage under and around buildings and support of parking slabs, pool deck, patios, and similar site elements. Nonstructural fill must be similar to natural soils in the area. The ordinance also includes additional requirements and restrictions related to testing, placement and sloping. ALTERNATIVES: The National Flood Insurance Program could lower our rating if development is not regulated. FISCAL IMPACT: There is no fiscal impact for this item. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: Staff recommends approval of the amendment. LIST OF SUPPORTING DOCUMENTS: • Ordinance • Council Presentation Ordinance amending Section 14-556 of Corpus Christi Code to adopt regulations for nonstructural fill on North Beach; and providing for a penalty not to exceed $500 per violation and publication. WHEREAS, FEMA's National Flood Insurance Program (NFIP) Technical Bulletin 5 (March 2020) provides guidance on free-of obstruction requirements in Coastal High Hazard Areas, which are designated as Zone V (V, VE, V1-30, and/or VO) on a community's Flood Insurance Rate Map (FIRM), as well as the NFIP requirements for construction in Zone V to minimize flood damage potential that is applicable to construction in Zone V. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Corpus Christi Code, Section 14-566 is amended by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-556. Coastal high hazard areas. (a) Areas that are subject to possible high-energy wave action, and which are identified as areas of special flood hazard established in section 14-522, are areas designated as coastal high hazard areas (zones V1-30, VE, and/or V). (b) These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this Code, the following provisions also apply: (1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement. The floodplain administrator maintains a record of all this information. (2) All new construction must be located landward of the reach of mean high tide. (3) All new construction and substantial damage must be elevated on pilings and columns so that: a. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to one (1) foot above the base flood elevation. b. Substantial improvements must have the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) elevated to at or above the base flood elevation. c. The pile or column foundation and structure attached to the foundation is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. 1 . Water loading values used must be those associated with the base flood. 2. Wind loading values used shall be those required by applicable state or local building standards. 1 (4) A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subsections (3)a. and (3)b. of this section. (5) All new construction and substantial improvements must have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. (6) For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10), and not more than twenty (20) pounds per square foot. (7) Use of breakaway walls, which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes), may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. Breakaway wall collapse must result from a water load less than that which would occur during the base flood; and b. The elevated portion of the building and supporting foundation system may not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). 1 . Water loading values used shall be those associated with the base flood. 2. Wind loading values used shall be those required by applicable state or local building standards. (8) Enclosed space below the lowest floor may be useable solely for parking of vehicles, building access or storage. The enclosed space below the lowest floor may not be used for human habitation. a. All enclosed areas below base flood elevation that are greater than five (5) feet in height will be required to sign a non-conversion agreement that will be filed with the deed. (9) The use of fill D-F for structural support of buildings is prohibited. (10) The use of manmade alteration of sand dunes and mangrove stands, which would increase potential flood damage, is prohibited. (11) Manufactured homes, which have incurred substantial damage as the result of a flood, must meet the standards of subsections (b)(1) through (b)(10) of this section, if they are placed or substantially improved within zones V1-30, V, and VE on the city's FIRM on sites: a. Outside of a manufactured home park or subdivision, b. In a new manufactured home park or subdivision, c. In an expansion to an existing manufactured home park or subdivision. (12) Manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within zones V1-30, V, and 2 VE on the city's FIRM meet the requirements of subsection 14-542(4) of this Code. (13) Recreational vehicles, which are placed on sites within zones V1-30, V, and VE on the city's FIRM, must either: a. Be on the site for fewer than one hundred eighty (180) consecutive days, b. Be fully licensed and ready for highway use, or c. Meet the requirements in section 14-522 of this article and subsections (b)(1) through (b)(10) of this section. (14) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. (15) For properties within the boundaries of the North Beach Development Plan, minor grading and the placement of minor quantities of nonstructural fill are allowed in Zone V only for landscaping, drainage under and around buildings, and support of parking slabs, pool decks, patios, walkways, and similar site elements. Nonstructural fill shall not prevent the free passage of floodwater and waves beneath elevated buildings, divert floodwater or waves such that building damage is exacerbated, or lead to damaging flood and wave conditions on a site or adjacent sites. Nonstructural fill is assumed to wash away and shall not be used in foundation design calculations. a. Nonstructural fill placed on Zone V sites shall be similar to natural soils in the area. In many coastal areas, natural soils are clean sand or sandy soils free of large quantities of clay, silt, and organic material. Nonstructural fill shall not contain large rocks and debris. The developer/owner shall submit test results providing the classification of the existing and proposed soil using the Unified Soil Classification System (American Society for Testing and Materials (ASTM) Standard D2487) to the City's Floodplain Administrator for approval prior to fill being placed on Zone V sites. b. Placement of up to 2 feet of nonstructural fill under or around an elevated building is allowed without engineering analysis or certification, provided basic site drainage principles are not violated and provided there are no other site-specific conditions or characteristics that would render the placement of the fill damaging to nearby buildings. Placement of fill under or around an elevated building that exceeds 2 feet or that does not abide by basic site drainage principles requires an engineering analysis showing no diversion of floodwaters or waves that building damage is exacerbated or lead to damaging flood and wave conditions on the site or adjacent sites. In cases where site development involves removing a laver of soil and fill is added to the site later, the fill thickness should be evaluated relative to the pre-removal soil elevation, not the removed soil elevation. c. Minimum slopes for building sites to facilitate drainage away from buildings shall be shallower than 1 unit vertical to 5 units horizontal (regardless of fill height). 3 d. Parks, dunes, and dune vegetation will be conserved and remain in their natural state and not elevated. Placement of nonstructural fill in parks, dunes, and dune vegetation is prohibited. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 - 6 and Section 14 -557 of the Corpus Christi Code. SECTION 5. This ordinance takes effect after official publication. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 4 North Beach Development Plan Brans N-1,13---n --hLghthouse '" _. Paratl se Lane ng ane HarNor MaMelandN11h 1h ..�:,. an ADA i Ti�. g more Te g P W P K _ ps ,'tot G b o g i ,:•+� pays Y °M1 f p g g n Y is g Smo b d pl ry g r 'lidnd 9nt re. - 1 ..•wic p p 9- at tl h P B hmarke[Pavl on j P g ^4 P b o g recreated Park G e ° Pole ISte for Fddtl cdncess dn_watercr,ft—tal.antl beach ie -gand _g emsr h gM1 M1 e n l beach h metdrZZ Cruse Sh p DDek q MH rt0 Zid, Prs eekenb market Beaehs ae Nevghborhwd fainly events sucM1 as ea wedpubc paNG�tO� mpavemen td Ne Lex^gto^Rem d g w Cozywakadk ratlenta nwg,'bor,'odd to"nc udesng a/mut weld ngsand reunions.Add aurant 9 kava s.Ea kwandtd PUN,'tt,'gtUezcre break ppdrkng Rom Slate BN nes Fnane ng antl lmplemenzat on a b g bed/ dd reaeanst amddern atlrac{rve stretter, - ^ec ckmmacuwamasw Parting ,'race goers would d.dead1n Genter_ Grd-bond pages nns and n nwatve id, id-i reg IusM1 lani ng re ritl pduNcplsas atgmund kve unpkVelhearea �eehl..etd prvate pa rnerdh,ps td ac he develd pment dt -nspred unry_ dms andp cpatdry Dock OPPortundty a prwd r7 he park should be aggr--lly pursued ter feature_ Tas da shd spaced as near td CM��eTexa Y q mkx n9lUU p vme =­ v%ryr ip m olaarraPfine�lia^ opoepenidn can c sn b I. t me ^ r eldpmerd a t ter mecaysn dwdrk w mthe dpuwdrs rd drown pmremei .._...w-�, res^ 't� 1. I r d.1h P bl Ik y f the dgM1 Iber creates sdwnd denstlyo ana/sof ares tou" [n9 des[natronsw M to _ I — IIIII - [ Y 5EAGNLL 'I 4 P rk g O rtlow / -ce Uses te p g r 4CH I_I O, 'IYI'V m F Q B Stag n9 Area SII 9 jow,'eme A.or�p W P 9 i=ADA Ka k F"RQN f 'Yr � „� i tp n9 test is kth P'9 9 a -4 Ml. GwE�SpAk-FR yg�G�USEWAV 4 a�t La unch 5t -1 ry a� —fit- Pa-99am9e mr� R 9 i er $ rc p _ Potential New Harbor Bridge Location .may N sl z a• x mar nes �,' w' 'I k' �If - •. �. e I Yh. Cai.'.k n — � I..I one -- r mtect n ses # b° p age ue ng est nis _ 9 9 Y ' M aY November 2011 - a t spa^^�de��p.w Pwewa 9 PS P�° — t " LEGEND u g q a R pads[. WNre law Use T arwP:.rta6on PWn Proposed —a;a lip ^Pe rtP= a, ere OroreA NoreA arta � r�mw�a vrexevnwrra �ww �N o ^are 0 0.25 0.5 1 [�a pN Gensnl re� Miles aha%er�z=ggg�: Per TomPreheralveo Plan shall orrof m f omrpY _ regulatlors orestaWlshzonmg tllstNR Muwarres." Exhibit C P­NG Plan Project Priorities NORTH BEACH Th_ __dh_Thlo_.h_'..hhh� TIA A., DEVELOPMENT PLAN .,o =e�hhthoe­,I) ' .1'A'IA" A.I.Atheme ls,,,n do,le,Id od B-he do,le,Id od oo,b I B—he P., I.e .s o,e.loohn,h,hetnn,W h­ I INTRODUMON son te'lle'll Bl���",n,6,uoM�,,onsupo,1"3, beTh.CIB,...B The d— I le,elo,monl 11h,.n.1-1 1 11A 1t­oen­e III, I. Th.el' otehol Ile 11,s IoloAh III,,,—h TsA 11h,Ths III A,1­s b1A 1A A, 0 loll Be3b) Th 1.C`1ee`n',An =1=1'To '1 1,Im­o,ee..11.-1.n.t to on,l dA.l eod.t.1 de,elo,men.nod b. I,I Wcaay oe dem o,,I:l In ot hmbral I At A Th Ithe B,. The oh, Ist Idn, Amn.e.ohendAAe,I­­h,.on, A.o d_ �A.a�d 'T ed n,1 d.­ 1. PII,_d lh h.___.d. he no.Ad Atoted to 1)A., 1,lul.le Pthl Ind ItIA,n Pthl 1—Iff shmdrepd­..—I d—The dl torewremen,s TIonWeGl,ee 11MAVeltot,l.ne d­on B­.1d,-e 11 ndwII otntnue to lo element TICA=t'l.ald o le,1, 1 on Ie,Th I I I b.I.e a op. ............................"I'll......... T,1oeto=.dn, be No"A B A =,s `..`to�u1...h`Oeu�`.`,'Ivl�bl eievn�o m5. lb �.Le Al.,I a,..Au,e mtel�do Aolltd`nte�l Aoto %=e,o­d.I­—`..n.n.n­­db,ld.e,1 d PtAn, Th the onlono,t_B..AAAA—,e B n nlhe 13M 11 d­Ao.l o—h. It—und—od,le nmdnre. the B,eo,A1A —N­N m and =GE,ol The eo,e lb,h w1h n,ne to g.s. banto h, ot oho-11.1 paAn 6.o3l 1 the­e. ,l hIe eo,00— 6 1— M ooz`h ve=S`=`130=T.th I.­1h,o,.1v.b.,,to the mmunl,The oh.1d ­—.1 A te Ahou ­-e--t Ile the t,�,I—I,Ind pnvoe Arb—h.1denoohIet-1 1,level, 3.e.be 'P,.h do1,hhBee3l h—mdo...Ind ve,be undhoo.—h mnm­h.l.,to d.elolonent,dlo­ velo,ment I—Tund. to, . o , —Inoedt-1—­oold b­ond lo,I lo,­and InAude a The me To,on,em th the on,,e G I d I Ithe I A_n d_te,turret I"S the l3lhZ�3sohaca=dtometh�en=,n the be.oh It-been od-ot— e b—In theeGXy shwMconste,anemmnedespnstor de Xodn—b AA. o he t t r I dtl,on he,e le THrip 1—meas,nd no—aonodCMsq b. 1,the o,h3-000ne I x loon­.Beach .11 I N beam Ned,Beach should tontnue to be one othe 11,s h,,heodimeros O,. d to oe.e a new b— hoelo,meo hoth—th The hno=%1s�4�hn1t%,,h;%,,,edn,th A,s h,,h noo,to, rmEthe 11,s the I hobs bAhh Th. 11 heod­I _B Itthh.aan d ln�d=111I —1=.III R 1�d ddpmn hes,�ble VIon lothell, in the )beach orme h d mrred =b­ N- A­arnoe e W d TIt.,.t�Al I 1A brdbg All ff§111 1�To.1,1 1.1 aloth.l.a t. The., =."'dhe,d.dId d common, A "ohotn'gv comprePh2 101the u,,Ae 1,hm­soll loelo,mentolm­n toh. ro erareasq th shl,�n.11I­,te,§111 Ilho,he­ Z—hon m v" to d I"s=lro_.o­-d to tI p Bt.e Bhdn, ntff Blo,e the ; t.1h,n.the Im— the A Th) I­othoe oeltA I t. s= Me,le Pl.1­1 And P3,1 rod Gomm ss pode 1=,PmM. the bIm 11) ­­,e ,v Ae mot, 1.B­d hmtaA etc.1m,the coo The o 31oo onduO A pulB,hoIn, L�hlheohtlhl -In It thnel d the P.1 I-­1h,o—An.,reement n'e=tff h.,e odo h,n,t he At n 3 d. to bnoo IhInnel develop. beal—1A A In lo m n PA Tn0h,3tn0,AdutIeAn Th oould be d d2ulh Ahffe­'.nu'=nB­1hve To­nluon3l u— the loo 1a Put—o.e I—chan­to­­­le m­onN.h..h t. Beach hm.ndh­A plan ne.b.It,o m=th=,e A000n n,And loll-,n,pea­. d) n. d.o­,t..—I orn—to d—olonent o,�A-1--t o n - hol­ohd—lon.3o. lenveAment lone to.,tuA the ntAAse tA,v�lue(the tA,nt,emenh 1—non,ull,� B oltnu— .1h BeIl I oll d and olArotl t.Antnu. 'camp'I off let NI Beach lot hew.N- mi ',I—— pue I,h Th BBI,b Th I—ft­B.ol lomme—I o,o d ton­ne the Ioa o.th I P.,t. eo w 0 h, d B 1h. d_o Boach.-oneo I'h' be,n,And,to A,n, olle—on At—Be., hlb, .—bb P.B-I..... I oh—IndpIA e. ff het�, p__ t. tBe Ae�n­­­zon,n,­don,t t.p­ And lote It,the_emment It, h.p.It,—ld—I ...end lon I de—nd off In. le—le onotelb. -u...o.=.W phle.h.—I de el....... 1. Th te 1-huhcane d 1—And—Ioth loar,e oh.ld be oven to I.h,n,the In.h,­n,the-e lon teo,311, a"'­7 'to oe,s AAA h,,Im should hImhomenteo hoel t.h sttem�e�en�.�IneThne.B,3e,.Ir�s�n I h1h the 1,,—s the I Ithe A.. ItAn,­­The no I o' - d a= .1hoh.AdIffl,d1A ent 11)1 d Th 1011 t�on And_,It. —e-te,hlodr,­to To—-d pu1­n4e1ha,=hdcd1ee0tchaemp= n,The t, �hln, All othe,Aheets no on the 1,,ST,ns,'d p be Boum I,—b.e�et ll ca., d—loonent B­vel,prosecute mese orn. h, ft.,­Ithe hubn,plot., �n N..Beach It—te I I­thou.te And a—11 to t�� or Bee"thh" A,—­e.n,ullh E,­R MC7"tneu'ad to p.d.1, hBe oh, a Th Xegh =t enharnoe—to, otect.—h. on.—In e,Aho mn- I the A.pt d It,11,lournc� d—mbe,�III I U I lom­evelopment a hulgNe's,�'m III to T"T."0—'th Th B.,G lnt to pothl,lund elotohonm­I.Iled C0011 Po le 1IvIe to tahet Ct,P ho a,,ItReN=De, onnoon Ile,to m undA the ho3dn In,I oth,D vmleo,'I III C—a III Be"_And ).hff loolo ex on, dA te he To `'Tn� A reop no o d no' n�de=la Be. u,T, '11, I,ln3n,e 111—h1h, d Th earn d =Ttch�,so,put them In�'s.­t the'd'.e "t3n. the IM h Beach tot. acl h Me hM I BIBB.=E�. pa M.a,XeAh It,ohalohn,Noth Beol 3�the Ste 10,the­B­ lh3 enle to Th.the To. AW.um o,,ened.th—Ato hho I ho ea, loAndon po—The,e Ie I,three Be-Mendoon—olt—I—ve,mem Ito Im ,Aoha 1—loothe UBBIonlhon.1 cth— 11 v ­Ium and te Islen Btffh problems be thhe�,a be the. d na U.TAxh :1 t=,,OTvh.t=hTeh.ea h_tan I a's ns,oe="uo"` ­ING "N Ao,,o=='1Nand -p.tBnot�t,1.1 Thb, r1leen l I Ibb,"1—p.- d, b b a— Th a, to =10'hom -d d e I I,o, It'-e P.1 1­A Me C Ate.a`2 =e�gnu�lyeotto,h,e obao- ulltltldSI,1,1,h101h leh,1—hon th"e.�dat�e­tnurm and the UBB lond., d on be-"t au Mmete T. te I unlet lont th ohol th——es publ,, to oe.e deon A— th oba-e publ,I-B.­.ft ,nsh.l V B'I ho Is Th 0 1 n'no` �t no hl 1.evmaam h B­ b,t� 1 1,11 JI NORTH BEACH -h—h— 1­­dh­ blaottylt'l 11 Doll P..Th­.pahaI­-mIdbe A c o 'ene_d on It,omml.ntto m­the Nol Bethhto the ghol land.d otchooll-1, DEVELOPMENT PLAN •It,momml.ntto t.g1 the 3,ealt,relveopment N­.b.,2011 P..P.­ necery rq,5ge—fol�P­E:1 1ShF00ulLe,=g ffb N.Otb�rtepmpar,torh=ern d.1 t nue g Th al Th h=oYM32hetl luold,�,�,,IB 7fir It— I.B ­E1 .a 0......d, I_m I�ph­­ =t5 d— om d.elolonent te TI BA ohmld be The o0uld u-.,Tundng "L�yo=B02'h h. botl'I dooloomlAuhn,te =Z:l thh. It, 1he Illb. p­....nt., be.oh thet Im ­­.M—b—dt.—d...,A I M M oold.Imn.1,,00dn, letop'u.1.1m, -de ct,wlh In Avenue to It,p Ind—no.—vevs olment Ploo,-doondo—oulInhude rretheed hIn t. tou,onnuab e,te N- pol —.111:The b-1 B— th tr= the Nh1h Betth the �11 Ithe Ch,s Ihnn,n, ,BAs CIm,`­,ol­o InlTn—Center The;e—unt ffle1g,I—tis 21�ul.,,Ia=h1thlot—oh=1 MY `tyle­Mg­ A.— .1 ­g­b3t the a v —ght—y hoo,e by 3110., ­.1 veIopmot3nd.he,eth­.. B—T-11 b—­eohly hele�ll�h�lue�Z,"`oe,to he o m=�,n hetth­ess A­ the!'-'S th A h,,e,�t.tt�b erne C,, AB, oo—al Votthe P., beam_ng oho he 0 on boo Ith—c.,I Imnd the h.map Phol­aph Don III by T h,,d­1 Photo&T he Texas SlIe AqIloco NORTH BEACH DEVELOPMENT PLAN Existing Land Use �,.l I..p,,hh.1�tde� .1, 1,h h In A IhanlkA to the .. A 14,11 —1 11 Ih h ted"on,N oh d=,l b de code. �P=,l_n p" The-Beal-alIng ly djo pro-e t u,.o,ented development De ad 2GA I 2 1 1 C=ffoC A=do Com- "" At A Bb AT M ul—I,ATA S Th 2.Ne,ghhodhood 1om­d Ma,yn o,Lh m­'pt=y on,NlthoB��oosnz.nthe d�g h ImZ%3��In­—­ten no leve,d a Pte A a� 0dh Tn. d­T.d thoughout the,,In g.ff3l the A­Com-"T Ie J-d n be A�u leeW ol T. FW R..M-eIano o Bve he Resol'A A he R—ld An— pt Ive,Ind 3`­so g"lloent':,tteo h 2.1 At I the e v Ah the= . oob A neItthe0A,`W0v 2nm the t to be pr.d. te to—u,e mI,—p—be anal space dm.y and to ph.erh be ­o.A a,arm to pornBe I.All o te he'.—O'`.m= ngtole�3,ed.th�21111�houldle,o.,I,d ft b—I.oAd A 01 lu, d­to='thde eine cone The Pa,d,y DIp.—Il Exhibit G so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 10, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WeslevN(d)-cctexas.com 361-826-3111 Josh Chronley, Assistant Director of Finance & Procurement JoshC2(a)cctexas.com 361-826-3169 Retainers, Restraints, Gaskets and Related Supplies CAPTION: Motion authorizing the execution of a one-year supply agreement with Ferguson Enterprises, LLC., of Corpus Christi, Texas, to purchase retainers, restraints, gaskets, and related supplies for the Corpus Christi Water Department in an amount not to exceed $73,644.52, with FY 2024 funding in the amount of$73,644.52 from the Water Fund. SUMMARY: This is a motion authorizing a one-year supply agreement for retainers, restraints, and related supplies for the Corpus Christi Water Department. BACKGROUND AND FINDINGS: The Corpus Christi Water(CCW) Department purchases and stocks retainers, restraints, gaskets, and related supplies. The purpose of these items is for new and replacement installation of water mains, distribution lines, and service lines to residential homes and commercial businesses. Due to CCW's frequent need to purchase these items, a supply agreement is beneficial for inventory availability as well as set contract prices. CCW maintains certain levels of inventory on-hand in their warehouse in order to respond to water line leaks. Ferguson Enterprises, LLC. will deliver the items to CCW throughout the course of the agreement. When repairs are needed, CCW infrastructure work crews will complete them. Ferguson Enterprises, LLC. is the current supplier of these items for CCW. CCW is satisfied with their level of service and the quality of their supplies. CCW recommends continuing to work with Ferguson Enterprises, LLC. through the proposed agreement. PROCUREMENT DETAIL: Finance & Procurement conducted a Request for Bid Process to obtain bids. The City received two responsive, responsible bids. Staff is recommending the award to the lowest, responsive, responsible bidder Ferguson Enterprises, LLC. Ferguson Enterprises, LLC. is the current supplier of these items for CCW. In 2019, CCW paid $46,858.43 for retainers, restraints, gaskets, and related supplies by the same vendor for one year. The current price is $73,644.52 for the year which is a 57% increase from 2019. Current market conditions, supply chain, and inflation has had an impact on materials pricing. The comparative pricing is from 2019 so the increase is consistent with what has been evidenced by other contracts. Additionally, the bid from Core and Main who was the second lowest bid, totaled $92,925.00. CCW is satisfied with Ferguson Enterprise LLC.'s level of service and the quality of their supplies. CCW recommends continuing to work with Ferguson Enterprises, LLC. through the proposed agreement. ALTERNATIVES: The alternative is to not enter into a supply agreement with Ferguson Enterprises, LLC., which would require separate procurements on an as-needed basis. This would create the possibility of an increased cost per item due to variable market conditions. FISCAL IMPACT: The fiscal impact for FY 2024 is $73,644.52 from the Water Fund. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 31520 Treated Water Delivery System Department: 45 Water Project # (CIP Only): N/A Account: 520160 Pipe, Fittings, Drainage RECOMMENDATION: Staff recommends approval of this motion authorizing a one-year supply agreement with Ferguson Enterprises, LLC. for the purchase of retainers, restraints, gaskets, and related supplies for CCW. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Procurement Department RFB#4569 Retainers, Buyer:Erica A.Hernand- Restraints, Gaskets and Related Supplies Ferguson on Enterprises, es,LLC-Corpus Christi,TX Core 8 Main LP-Corpus Christ,TX S YR.Est S YEAR TOTAL PRICE/PER ITEM DEXRIPTION CITY PART Nu Annual QTY UOM UNIT PRICE 1YEAR TOTAL PRICE/PER QTY UNIT PRICE QTY 1 KIT 4"MIACCESSORY Nom 3343 20 EA $ 20.63 $ 412.60 $ 25.00 $ 500.00 Spec'rfic 6600.04 2 KIT 6"MI ACCESSORY Nom 3394 100 EA $ 28.42 $ 2,842.00 $ 34.00 $ 3,10000 S cific 6600.06 3 KIT B"MJ ACCESSORY Nom 3345 24 EA $ 31.17 $ ]98.08 $ 38.00 $ 912.00 !9cific 6600.08 4 MT1O"MIACESSORY Nom 3346 18 EA $ 94.92 $ 808.56 $ 54.00 $ 972.00 Spec'rfic 6600.10 S KIT32"MI ACCESSORY Nom 3347 24 EA $ 46.30 $ 1,111.20 $ 55.00 $ 1,320.00 S-Hic-- 6 KIT 1VINU ACCESSORY Nom 3398 24 EA $ 75.63 $ 1,815.12 $ 91.00 $ 2,184.00 Speck 6600.16 ] GASKET4'MI RUBBER Nom 3350 24 EA $ 5.50 $ 132.00 $ 6.50 $ 156.00 S cific 6649.04 8 GASKET 6'MI RUBBER No, 3351 98 EA $ 5.50 $ 264.00 $ 6.60 $ 316.80 S cific 6649.06 9 GASK MM91 RUBBER Nom 3352 24 EA $ 5.96 $ 143.04 $ ].00 $ 168.00 Specific 6649.08 30 GASKE-W MI RUBBER 3353 24 EA $ 8.25 $ 198.00 $ 10.00 $ 240.00 N-Specific 6649.10 11 GASKET jr MJ RUBBER 3354 30 EA $ 9.17 $ 2]5.10 $ 11.00 $ 330.00 Nom edfic 6649.12 12 GASKET I6"MJ RUBBER 30 EA $ 15.59 $ 46].]0 $ 19.00 $ 5]0.00 Nom edfic 6649.16 13 GASKET IB"Ml RUBBER ;;56 30 EA $ 16.96 $ 508.80 $ 20.00 $ 600.00 Nom edfic 6649.18 GASKET 2O"MI RUBBER 14 3357 36 EA $ 18.34 $ 660.2,1 $ 22.00 $ 792.00 Nom 'fic 6649.20 15 GASKET 24"MI RUBBER 3358 30 EA $ 22.92 $ 687.60 $ 28.00 $ 840.00 N-Specifim 6619.2,1 16 GASKET 3O"MI RUBBER 3359 60 EA $ 53.63 $ 3,21790 $ 65.00 $ 3,90000 N-Sp.c fic 6649.30 1] GASKET 36"MI RUBBER 3349 12 EA $ -96 $ ]31.52 $ 73.00 $ B76..N-Specific 6649.36 18 GLAND MI SOUD 2O" 3382 12 EA $ 82.05 $ 984.60 $ 98.00 $ 1,176.00 N-Specific 6670 19 GLAND MI SOUD 2A" 3383 24 EA $ 121.92 $ 2,926.08 $ 145.00 $ 3,180.00 N-P.cJfic 6671 2q GLANDMISOUD3O" 3384 30 EA $ 1]].38 $ 5,323,10 $ 210.00 $ 6,300.00 N-Specifim 66]2 21 GLANDMISOUD36" 3386 12 EA $ 303.88 $ 3,646.56 $ 360.00 $ 4,320.00 N-Specifim 6673 22 UNIFLANGE4"FORC-900 3387 24 EA $ 47.14 $ 1,131.36 $ 6590 $ 1,560.00 FORD4FA DC4 23 UNIFLANGE6"FORC-900 3388 12 EA $ 59.41 $ ]12.92 $ 10590 $ 1,260.00 FORD4FA DC6 UNIFLANGES"FORDI 3369 8 EA $ 65.22 $ 521.76 $ B5.00 $ 68090 FORD UFA2OO-CB 25 RESTRAINT 10"MR C-9O0 FORD 3392 8 EA $ 125.84 $ 1,006.]2 $ 155.00 $ 1,2,10.00 UFR15OO-CA-30-1 RET W/ACC 26 RESTRAINT 16"FOR C-900 FORD 3.3 20 EA $ 2]2.09 $ 5,14190 $ 335.00 $ 6,]00.00 UFR15OO-CA-16-1 RET W/ACC 27 RESTRAINT 12"FOR C-900 FORD 3- 16 EA $ 132.06 $ 2,112.96 $ 165.00 $ 2,610.00 UFR-1500-4-li-1 RET W/ACC RETAINER 4"MJ W/ACC STARGRIP 3396 18 EA $ 3].23 $ 6]0.14 $ 45.00 $ 810.00 STAR SG DPRKO4N FOR DI 29 RETAINER 6"MJ W/ACC.STARGRIP 3397 48 EA $ 45.99 $ 2,20].52 $ 55.00 $ 2,610.00 STAR SGDPPKOBN FOR DI 3q RETAINER B"MI W/ACC STARGRIP 3398 30 EA $ 62.67 $ 1,880.30 $ MOO $ 2,250.00 STAR SGDPPKOBN FOR DI 31 RETAINER 10"IND W/ACC STARGRIP 3399 12 EA $ 89,12 $ 1,O69A4 $ 105.00 $ 1,260.00 STAR WDWK10N FOR DI 32 RETAINER 1V.W/ACC STARGRIP 3900 24 EA $ 119.]] $ 2,874A8 $ 140.00 $ 3,360.00 STAR SGDK-N FOR DI 33 RETAINER 16"IND W/ACC STARGRIP 3401 1i EA $ 214.91 $ 2,5]8.92 $ 255.00 $ 3,060.00 STAR WDWK16N FOR DI RETAINER 2O"MI W/ACC STARGRIP 3902 4 EA $ 354,63 $ 1,118.52 $ 425.00 $ 1,]00.00 STAR SGDPPK2ON FOR DI 3S RETAINER 24"IND W/ACC STARGRIP 3212 6 EA $ 980.53 $ 2,883.18 $ 575.00 $ 3,150.00 STAR SGDPPK2,1N FOR DI ADAPTER FOSTER 4"W/ACC 3373 6 EA $ 97.77 $ 586.62 $ 99.95 $ S.- INF-CORP 4FA-BC 37 ADAPTER FOSTER 6"W/ACC 33]4 8 EA $ 119.20 $ 953.60 $ 125.00 $ 1,000.00 INF-CORP 6FA-BC ADAPTER FOSTER 8"W/ACC 3375 6 EA $ 161.53 $ 987.18 $ 180.00 $ 1,080.00 INF-CORPSFA-BC 39 ADAPTER FOSTER 20"W/ACC 3575 4 EA $ 623.69 $ 2,194.76 $ ]]9.95 $ 3,11990 INF-CORP 2OFA-BC 40 ADAPTER FOSTER 1V 3561 6 EA $ 252.]8 $ 1,516.68 $ 2]9.95 $ 1,6]9.]0 INFAR CORP l2FA-BC 41 UNIFLANG E 4"FOR DI PIPE 3910 8 EA $ 47.14 $ 3]].12 $ 55.00 $ 940.00 FORD UFA2OO-C 4 42 UNIFLANGE 6"FOR DI PIPE 3931 1i EA $ 59.41 $ ]12.92 $ 6190 $ ]32.00 FORD UFA2OO-C 6 43 UNIFLANGEB"FORC-9O0PIPE 3954 6 EA $ 65.22 $ 391.32 $ 90.00 $ 540.00 FORD UFR35OO-CA-B-I W/ACC UNIFLANGE 3-FOR DI PIPE 4037 1i EA $ 94.65 $ 535.80 $ 42.00 $ 504.00 FORD UFA2OO-C 3 45 BELLIOINT RESTRAINT4" 5025 1i EA $ 41.91 $ 502.92 $ 50.00 $ 600.00 PTP- 46 BELLIOINT RESTRAINT 6" 5026 24 EA $ 52.47 $ 1,259.28 $ 63.00 $ 1,S129D PTPV W6 47 BEUL-NT RESTRAINTS" 5027 1i EA $ 8].]0 $ 1,052,10 $ 105.00 $ 1,260.00 P-- JOINT 5081 45 EA $ 28.66 $ 1,289.70 $ 5190 $ 2,295.00 EIDVCUPO4 49 JOINT RESTRAINT 6"FOR- 5082 100 EA $ 34.83 $ 3,183.00 $ 6590 $ 6,500.00 E_UPO6 SD JOINTRESTRAINT JY'FOR- 5083 60 EA $ 51.49 $ 3,089,10 $ 8590 $ 5,100.00 EIDVCUPOB TOTAL $ 73,614.52 $ 92,925.00 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A CUs > SUPPLY AGREEMENT NO. 4569 U Retainers, Restraints, Gaskets and Related Supplies fhaaaoRp 1852 THIS Retainers, Restraints, Gaskets and Related Supplies Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Ferguson Enterprises ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Retainers, Restraints, Gaskets and Related Supplies in response to Request for Bid No. 4569 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor'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 Contractor agree as follows: 1. Scope. Contractor will provide Retainers, Restraints, Gaskets and Related Supplies 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. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A 3. Compensation and Payment. This Agreement is for an amount not to exceed $73,644.52, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Amanda Howard Department: Corpus Christi Water Phone: 361-826-1894 Email: AmandaC@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor 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 Contractor a purchase release order signed by an authorized agent of the department or division. The Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before 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 Contractor, 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 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, 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 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 products 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Amanda Howard Title: Contract Funds Administrator Address: 2726 Holly Rd, Corpus Christi, TX 78415 Phone: 361 -826-1894 Fax: N/A IF TO CONTRACTOR: Ferguson Enterprises Attn: Casey James Title: Sales Address: 221 Junior Beck Dr, Corpus Christi, TX 78405 Phone: 361 -289-1977 Fax: 361-289-1968 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. 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. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. 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 if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. 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 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A CONTRACTOR DocuSigned by: Signature: (AS" �a�nat s Printed Name'. Casey James Title: Project Manager Date: 5/1/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement 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 l : RFB No. 4569 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A Attachment A: Scope of Work 1.1 General Requirements/Background Information The Corpus Christi Water (CCW) Warehouse needs restraints, retainers, gaskets, and related supplies used for city-wide repairs. Maintaining a stock of these frequently used parts, will assist the CCW Warehouse to be prepared for immediate or as- needed use. The CCW Warehouse facility orders and stores these items needed for daily operations at the City of Corpus Christi as outlined in the Scope of Work. 1.2 Scope of Work A. The Contractor shall provide the retainers, restraints, gaskets, and related goods/supplies as outlined on the Bid / Pricing Schedule on an as-needed basis. B. All contract prices are F.O.B. destination inside delivery to the Corpus Christi Water (CCW) Warehouse. C. The Contractor shall deliver products and those related to retainers, restraints, and gaskets as outlined on the Bid/Pricing Schedule on. D. The Contractor shall ship supplies within two weeks unless CCW is notified of a shortage or manufacturing problem. E. Any product found defective, unusable, or inoperable to the condition, The Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. The contractor must arrange for the return shipment of damaged products. F. Supplies are a generic brand unless a preferred brand is specified that may allow alternates of equal quality for specified branded supplies. G. The Contractor shall provide and report any shortages or delays to the CCW Warehouse Supervisor. Detailing the item number that corresponds to the City, description, number of units shorted with an estimated date of delivery. H. All retainers, restraints, gaskets, and related supplies will be defect free, properly packaged, and shipped to ensure a safe delivery. Page 1 of 2 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A 1.3 Work Site and Conditions The delivery Point of Contact: Robert Presnell Ship To Location/ Physical Address: 2726 Holly Rd Corpus Christi, Texas 78415 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. Page 2 of 2 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A int B: Bid Form �ogyusc�� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT 8 BID FORM N�ORPnPPS EQ. 1852 RFB No. 4569 Retainers, Restraints, Gaskets and Related Supplies Date: February 21 , 2023 Ferguson Enterprises 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 Contracts and Procurement 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 recei t and review of all addenda for this RFB. ITEM DESCRIPTION CITY 1 YR. UOM UNIT PRICE 1 YEAR PART Est. TOTAL PRICE No. Annual /PER QTY Qty 1 KIT 4"MJ ACCESSORY 3343 20 EA $ 20.63 $ 412.60 Non-Specific 6600.04 2 KIT 6"MJ ACCESSORY 3344 100 EA $ 28.42 $ 2,842.00 Non-Specific 6600.06 3 KIT 8"MJ ACCESSORY 3345 24 EA $ 31.17 $ 748.08 Non-Specific 6600.08 4 KIT 10"MJ ACCESSORY 3346 18 EA $ 44.92 $ 808.56 Non-Specific 6600.10 5 KIT12" MJ ACCESSORY 3347 24 EA $ $ Non-Specific 6600.12 46.30 1,111.20 6 KIT 16"MJ ACCESSORY 3348 24 EA $ 75.63 $ 1,815.12 Non-Specific 6600.16 7 GASKET 4'MJ RUBBER 3350 24 EA $ 5.50 $ 132.00 Non-Specific 6649.04 8 GASKET 6'MJ RUBBER 3351 48 EA $ 5.50 $ 264.00 Non-Specific 6649.06 9 GASKET 8'MJ RUBBER 3352 24 EA $ 5.96 $ 143.04 Non-Specific 6649.08 PAGE 1 OF 3 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A 10 GASKET 10" MJ RUBBER 3353 24 EA $ 8.25 $ 198.00 Non-Specific 6649.10 11 GASKET 12" MJ RUBBER 3354 30 EA $ 9.17 $ 275.10 Non-Specific 6649.12 12 GASKET 16" MJ RUBBER 3355 30 EA $ 15.59 $ 467.70 Non-Specific 6649.16 13 GASKET 18" MJ RUBBER 3356 30 EA $ $ Non-Specific 6649.18 16.96 508.80 14 GASKET 20" MJ RUBBER 3357 36 EA $ 18.34 $ 660.24 Non-Specific 6649.20 15 GASKET 24" MJ RUBBER 3358 30 EA $ 22.92 $ 687.60 Non-Specific 6649.24 16 GASKET 30" MJ RUBBER 3359 60 EA $ 53.63 $ 3,217.80 Non-S ecific 6649.30 17 GASKET 36" MJ RUBBER 3349 12 EA $ 60.96 $ 731.52 Non-Specific 6649.36 18 GLAND MJ SOLID 20" 3382 12 EA $ 82.05 $ 984.60 Non-Specific 6670 19 GLAND MJ SOLID 24" 3383 24 EA $ 121.92 $ 2,926.08 Non-Specific 6671 20 GLAND MJ SOLID 30" 3384 30 EA $ 177.38 $ 5,321.40 Non-Specific 6672 21 GLAND MJ SOLID 36" 3386 12 EA $ 303.88 $ 3,646.56 Non-Specific 6673 22 UNIFLANGE 4" FOR C-900 3387 24 EA $ 47.14 $ 1,131.36 FORD 4FA900-C4 23 UNIFLANGE 6" FOR C-900 3388 12 EA $ $ FORD 4FA900-C6 59.41 712.92 24 UNIFLANGE 8" FOR DI 3389 8 EA $ 65.22 $ 521.76 FORD UFA200-C8 25 RESTRAINT 10" FOR C-900 FORD 3392 8 EA $ 125.84 $ 1,006.72 UFR1500-CA-10-1 RET W/ACC 26 RESTRAINT 16" FOR C-900 FORD 3393 20 EA $ 272.09 $ 5,441.80 UFR1500-CA-16-1 RET W/ACC 27 RESTRAINT 12" FOR C-900 FORD 3394 16 EA $ 132.06 $ 2,112.96 UFR-1500-CA-12-1 RET W/ACC 28 RETAINER 4" MJ W/ACC STARGRIP 3396 18 EA $ $ STAR SGDPRK04N FOR DI 37.23 670.14 29 RETAINER 6" MJ W/ACC. STARGRIP 3397 48 EA $ $ STAR SGDPPK08N FOR DI 45.99 2,207.52 30 RETAINER 8" MJ W/ACC STARGRIP 3398 30 EA $ $ STAR SGDPPK08N FOR DI 62.67 1,880.10 31 RETAINER 10" MJ W/ACC STARGRIP 3399 12 EA $ 89.12 $ 1,069.44 STAR SGDPPKI ON FOR DI 32 RETAINER 12" MJ W/ACC STARGRIP 3400 24 EA $ 119.77 $ 2,874.48 STAR SGDPPK12N FOR DI 33 RETAINER 16"MJ W/ACC STARGRIP 3401 12 EA $ $ STAR SGDPPKI 6N FOR DI 214.91 2,578.92 34 RETAINER 20"MJ W/ACC STARGRIP 3402 4 EA $ 354.63 $ 1,418.52 STAR SGDPPK20N FOR DI 35 RETAINER 24"MJ W/ACC STARGRIP 3212 6 EA $ $ STAR SGDPPK24N FOR DI 480.53 2,883.18 36 ADAPTER FOSTER 4" W/ACC 3373 6 97.77 586.62 INFACT CORP 4FA-BC Page 2 o::f3: DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A 37 ADAPTER FOSTER 6"W/ACC 3374 8 EA $ 119.20 $ 953.60 INFACT CORP 6FA-BC 38 ADAPTER FOSTER 8"W/ACC 3375 6 EA $ 164.53 $ 987.18 INFACT CORP 8FA-BC 39 ADAPTER FOSTER 20" W/ACC 3575 4 EA $ 623.69 $ 2,494.76 INFACT CORP 20FA-BC 40 ADAPTER FOSTER 12" 3564 6 EA $ 252.78 $ 1,516.68 INFACT CORP 12FA-BC 41 UNIFLANGE 4" FOR DI PIPE 3910 8 EA $ 47.14 $ 377.12 FORD UFA200-C 4 42 UNIFLANGE 6" FOR DI PIPE 3931 12 EA $ 59.41 $ 712.92 FORD UFA200-C 6 43 UNIFLANGE 8" FOR C-900 PIPE 3954 6 EA $ 65.22 $ 391.32 FORD UFR1500-CA-8-I W/ACC 44 UNIFLANGE 3" FOR DI PIPE 4037 12 EA $ 44.65 $ 535.80 FORD UFA200-C 3 45 BELL JOINT RESTRAINT 4" 5025 12 EA $ 41.91 $ 502.92 PTPVC04 46 BELL JOINT RESTRAINT 6" 5026 24 EA $ 52.47 $ 1,259.28 PTPVC06 47 BELL JOINT RESTRAINT 8" 5027 12 EA $ 87.70 $ 1,052.40 PTPVC08 48 JOINT RESTRAINT 4" FOR C900 5081 45 EA $ 28.66 $ 1,289.70 EZPVCUP04 49 JOINT RESTRAINT 6" FOR C900 5082 100 EA $ $ 34.83 3,483.00 EZPVC U P06 50 JOINTRESTRAINT 8" FOR C900 5083 60 EA $ 51.49 $ 3,089.40 EZPVCUP08 TOTAL COST 73,644.52 PAGE 3of3 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) 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 by endorsement, 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 Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 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 a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 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. Page 2 of 3 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required for this Service/Supply Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:8B08E7DF-5C70-480E-AC3F-0752ECF3E46A ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a one -year warranty or manufacturer warranty on parts. Page 1 of 1 so �o p A P-4 1v 18WORPRP1 g4 AGENDA MEMORANDUM 52 Action Item for the City Council Meeting of October 10, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WesleyN(o-)-cctexas.com (361) 826-3111 Josh Chronley, Assistant Director of Finance & Procurement Joshc2(a-)cctexas.com (361) 826-3169 Motor and Clutch Repairs for Wastewater Treatment Plants and Lift Stations CAPTION Motion authorizing execution of a one-year service agreement, with two one-year options, with Corpus Christi C-D Electric Texas, for motor and clutch repairs and related supplies for the Corpus Christi Water Department's wastewater treatment plants and lift and pump stations in an amount not to exceed of $151,250.00, and a potential amount of $453,750.00 if both one-year option periods are exercised, with FY 2024 funding in the amount of$151,250.00 from the Wastewater Fund. SUMMARY: This motion authorizes a one-year service agreement with C-D Electric for motor and clutch repairs and related parts and materials to be used by the Corpus Christi Water(CCW) Department for its wastewater collection and treatment systems. BACKGROUND AND FINDINGS: Reliable and functional motors play a critical role in the operation of wastewater collection and treatment systems. There are 251 motors and clutches installed throughout CCW's six Wastewater Treatment Plants (WWTPs) and 105 Lift Stations. The 251 motors and clutches drive various pumps that transport wastewater from collection systems to WWTPs through lift stations. They are also utilized in the treatment process at each of the WWTPs. The proposed one-year agreement with two one-year options will provide for repair services as well as parts and materials for the motors and clutches in wastewater inventory. C-D Electric is the incumbent supplier of these parts and materials. CCW is satisfied with C-D Electric's level of service and quality of parts. CCW recommends continuing to work with C-D Electric for the proposed agreement. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bids process to obtain bids. The City received one bid. Staff is recommending the award to the lowest responsive and responsible bidder, Corpus Christi C-D Electric LP., dba C-D Electric of Corpus Christi. The City had a previous three-year service agreement with C-D Electric that expired earlier this year at a total cost of $451,950.00. The proposed agreement has a 0.4% increase on total cost compared with the previous agreement. CCW is satisfied with C-D Electric's level of service and quality of parts. CCW recommends continuing to work with C-D Electric for the proposed agreement. ALTERNATIVES: The alternative is to not enter into the service agreement with C-D Electric which would result in separate procurements on an as-needed basis. This would create the possibility of increased prices and lack of supply availability. FISCAL IMPACT: The fiscal impact for FY 2024 is $151,250.00 budgeted in the Wastewater Fund. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Accounts: 530215 Maint. & repairs-contracted RECOMMENDATION: Staff recommends approval of this motion authorizing the execution of a one-year service agreement, with two one-year options, with Corpus Christi CD Electric LP., dba C-D Electric, as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E �yV SC G° a 0 H SERVICE AGREEMENT NO. 4886 U Motor and Clutch Repairs yeanaonn!e 1852 THIS Motor and Clutch Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Corpus Christi CD Electric LP dba C-D Electric ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Motor and Clutch Repairs in response to Request for Bid/Proposal No. 4886 ("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 Motor and Clutch 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. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $151,250.00, subject to approved extensions and changes. Payment will be made for Services provided and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance Service Agreement Standard Form - Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Amanda Howard Department: Corpus Christi Water Phone: (361 ) 826-1894 Email: AmandaC@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 that 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. Service Agreement Standard Form -Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E 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. City may inspect all Services and products supplied before acceptance. Any Services or products 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, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form -Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E 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. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Amanda Howard Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1894 Fax: (361) 826-4495 IF TO CONTRACTOR: Corpus Christi CD Electric LP dba C-D Electric Attn: Chris Cunningham Title: Office Manager Address: 617 High Starr, Corpus Christi, Texas 78408 Phone: (361) 888-4133 Fax: (361) 882-3164 Service Agreement Standard Form -Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form -Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. 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 if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form -Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E 27. 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. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form -Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E CONTRACTOR DocuSigned by: 11 ww '''',, ww''^^-- Signature: �S �V�" * 6F2 Chris Cunningham Printed Name: Title: OFFICE MANAGER Date: 7/14/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement 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 Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4886 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E Attachment A - Scope of Work 1.1 General Requirements A. The Contractor shall provide motor and clutch repair to the various wastewater treatment plants, pump station and lift stations outlined in this scope of work. B. The work will be performed on an as needed basis. C. The Contractor shall provide labor, equipment, material, parts, and transportation necessary to perform the services. 1.2 Scope of Work A. The City's motor inventory for this contract, outlined in the Scope of Work, consists of approximately 107 motors (see table below) of various brands, with HP range from 10-500. Of this inventory, there are approximately 15 motor/clutch configurations. A large percentage of these motors consist of the following brands: TECO Westinghouse, GE, US Motors, Marathon and Baldor. B. The Contractor's work performance for motor and clutch repair will include, but is not limited to disassembly, inspection, repair, and remanufacturing. C. Typical motor repairs may include, but are not limited to stator, bearings, roto, brushes, brush holder, slip rings, packing gland, strip heater evaluation, bearings, run vibration analysis, balance rotor, check mechanical fits, meg motor, and run motor winding analysis. D. Typical clutch repairs may include, but are not limited to rotor, slip rings, shaft, bearings, brushes, mandrel, and drum, and balancing of clutch to motor, including vibration analysis. E. To obtain accurate measurements and for non-destructive evaluation, the Contractor shall clean using steam, grit or solvent. F. As repairs are needed, the City will contact the Contractor via email and/or phone. The Contractor shall pick-up and deliver the motor and/or clutch. G. The Contractor shall submit a repair estimate for each repair within five business days after receipt of motor or clutch. The repair estimate shall include any noted problems, special conditions, inspection results, conclusion/recommendations, visual findings by drawings or digital photos. H. The repair estimate shall be submitted electronically in PDF format via email and itemized as follows: Revised 1 1.30.20 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E 1 . Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed 10 business days, the Contractor must define the completion time, and outline the reason for the delay. Repairs shall be completed within 10 business days of receiving the purchase order (PO). A PO number will be submitted to the Contractor via email. 2. Shipping costs for parts/materials 3. Costs to expedite parts/materials, will be deducted from the shipping allowance, if requested and approved by a City Representative. 4. List of parts/components to be repaired and/or replaced and costs of parts. 5. Parts/materials mark-up as specified in the contract. 6. Hourly labor costs at rates set by Contract, to include Regular Time, and Overtime (if approved). 7. Motor and/or clutch replacement cost - If the Contractor deems items not repairable a replacement cost shall be submitted to the Work Coordinator. Replacement of motor and clutch may be bid separately. I. All parts shall be equivalent to or better than original equipment manufacturer (OEM) standards. J. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. K. All repairs shall be in accordance with current motor and/or clutch nameplate data and conditions, drawings, standards and /or OEM specifications. L. General machine work and/or repair shall consist of, but is not limited to balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sand blasting and coating of motor and/or clutch. M. After repairs, the motor and/or clutch shall be repainted to manufacturer's recommendation and specifications, in a color approved by a City Representative. N. If the nameplate is not already marked, the Contractor shall mark the nameplate with the City's asset number before it is returned to the City. O. Overtime hours must be authorized in writing by a City Representative. P. The Contractor's facilities may be subject to inspection at any time by a City Representative. When deemed appropriate the City reserves the right to use third party inspection services at the City's expense. Q. The City reserves the right to inspect the motor and clutch at any time during the repair. R. The Contractor must be able to provide technical support as may be required by the City. Revised 1 1.30.20 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E S. The City reserves the right to audit the Contractor's project costs at any time during the Contract term. T. The City's equipment in the Contractor's possession must be properly stored and secured at all times. U. Where applicable the loading/unloading of the motors must be performed by the Contractor's personnel. 1.3 Invoicing The Contractor's invoice for payment must contain the following information: A. Service Agreement number, Purchase Order (PO) number B. City Asset Number C. Location and address D. Model and serial number of equipment E. Description of service F. Bill of materials G. The Contractor is required to attach copies of all the invoices for parts/materials (to include % of markup, if applicable) for each invoice. H. The total hours billed, itemized by position and hourly rate as shown in Contract. I. Shipping costs at actual cost J. Name of authorizing City Representative 1.4 Contract Pricing A. The Contractor shall perform services on Corpus Christi Water equipment during normal working hours 8:00am to 5:00pm, Monday through Friday. The Contractor shall not work afterhours, Saturdays, Sundays, and holidays without prior approval from the Contract Administrator. B. Labor rate includes, but is not limited to labor, overhead, profit, and administrative costs. C. Onsite technical labor rate includes, but is not limited to labor, overhead, transportation, and administrative costs. D. Materials shall be provided to Corpus Christi Water at manufacturer cost, discount (if applicable), and mark up. E. All pricing shall be as outlined in the bid/pricing schedule. 1.5 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 Revised 1 1.30.20 DocuSign Envelope ID: EE85OD86-CF86-4COA-A578-2A4C9A1 B9A4E the Contract are provided as specified. The Contractor shall also provide supervision of the work to ensure it complies with the contract requirements. 1.6 Work Site Locations Pump locations are listed below. Corpus Christi Water reserves the right to add additional locations, as needed. WWTP Plant Name Address Number of Motors 1 Broadway 801 Resaca 7 2 Oso 601 Nile 21 3 Greenwood 6541 Greenwood 32 4 Allison 4101 Allison 4 5 Laguna Madre 201 Jester 11 6 Whitecap 13409 Whitecap 4 Lift Lift Station Name Address Number of Motors Station 1 Up River Road 12300 Up River Rd 2 2 Allison 4101 Allison Dr. 1 3 Stillwell 8100 Stillwell Lane 1 4 Morgan 810 N. Brownlee 1 Blvd. 5 People's "T" Head Peoples St. "T" 1 Head 6 Schanen 6102 Del Starr Dr. 2 7 Country Club 6300 Everhart 3 8 Wooldridge 6610 Wooldridge 2 Rd. 9 Williams 6602 Williams Dr. 2 Revised 1 1.30.20 DocuSign Envelope ID: EE85OD86-CF86-4COA-A578-2A4C9A1 B9A4E 10 Oso WWTP #2 501 Nile Rd. 4 11 Perry Place Thompson Rd. 2 12 Military & Jester 722 Jester St. 2 13 Aquarius 15000 Aquarius St. 2 14 Whitecap WWTP 13409 Whitecap 3 Blvd. Revised 1 1.30.20 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E Attachment B - Bid Pricing/ Schedule ° usCr � CITY OF CORPUS CHRISTI ° CONTRACTS AND PROCUREMENT BID FORM ,p A OR 4 RFB No. 4886 xs�2 Motor and Clutch Repairs e-, PAGE PAGE 1 OF 2 Date: -{� Authorized I Bidder. � 1 � Signature: 'h 1. Refer to "Instructions to Bidders" and Contract Terms and Anditions bef r 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 Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item Description Unit Qty. Unit Total Price Price 1 . Shop labor normal hours, Monday to Friday- 8:00am-5:00pm Tear down, in-house inspection, testing, rebuild Hrs. 300 $ $ 2. Shop labor after hours, weekends, and holidays 1 � � Tear down, in-house,/ inspections, testing, rebuild Hrs. 50 $ $ 3. Pickup charge from City's location to Contractor business Each 20 $ $ 4. Delivery charge from Contractor's business to � � City's location Each 30 $ $ DocuSign Envelope ID: EE850D86-CF86-4COA-A578-2A4C9A1 B9A4E t Estimated Estimated Spend + Spend Mark U % Mark u 5. Parts/Materials $95,000 $ fI1� 6. Shipping allowance for parts/materials (includes $7,000 $7,000 expedited items Total $� 5 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required has been obtained and approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator, one (1 ) 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 for the General Liability and Auto Liability policies by endorsement, 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 Commercial General Liability $1 ,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 MOTOR TRUCK CARGO (or) $250,000 Combined Single Limit TRIP TRANSIT BAILEE'S CUSTOMER GOODS $250,000 Per Occurrence 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 Revised 1 1.30.20 Page 16 of 24 DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E days of the accident. 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant 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 replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 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 Revised 1 1.30.20 Page 17 of 24 DocuSign Envelope ID: EE85OD86-CF86-4COA-A578-2A4C9A1 B9A4E ■ Provide 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 calendar days advance written notice for nonpayment of premium. 5. Within five 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 Consultant 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 agreement. Bond Requirements: No bond requirements therefore, Agreement Section 5 Insurance; Bond subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Revised 1 1.30.20 Page 18 of 24 DocuSign Envelope ID: EE85OD86-CF86-4COA-A578-2A4C9A1 B9A4E Attachment D - Warranty Requirements The Contractor shall provide a 90-day warranty period on mechanical work, and a one-year warranty period for electrical/ rewind. DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cd n.cctexas.com/sites/default/files/CC-Consent-Decree.Pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary DocuSign Envelope ID: EE850D86-CF86-4C0A-A578-2A4C9A1 B9A4E city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article I X of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. City of Corpus Christi Bid Tabulation Finance& Procurement RFB #4886 Senior Buyer : Cynthia Perez Motor and Clutch Repairs C-D Electric Corpus Christi, Texas ITEM Description Unit Qty. Unit Price Total Price Shop labor normal hours, Monday to Friday- 8:OOam-5:OOpm Tear 1 Hrs. 300 $60.00 $ 18,000.00 down, in-house Inspection, testing, rebuild Shop labor after hours, weekends, 2 and holidays tear down, In-house, Hrs. 50 $90.00 $ 4,500.00 inspections, testing, rebuild Pickup charge from City's location 3 Each 20 $60.00 $ 1,200.00 to Contractor business Delivery charge from contractor's 4 Each 30 $60.00 $ 1800.00 business to City's location ' Estimated Estimated Spend Mark Up (%) Spend+ Mark UP 5 Parts/ Materials $95,000.00 25.00% $118,750.00 Shipping allowance for Parts/ 6 Materials (includes expedited $7,000.00 $7,000.00 items) TOTAL $ 151,250.00 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of October 10, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2(a)cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Upfitting Services and Repairs for Asset Management CAPTION: Motion authorizing execution of a one-year service agreement, with two one-year options, with C & S Plating & Bumper Recycling, Inc., dba C & S Truck and Van Equipment, of Austin, with an office in Corpus Christi, in an amount not to exceed $333,000.00 and up to $999,000.00 if the options are exercised, for upfitting services and repairs for Asset Management, with FY 2024 funding from the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a one-year service agreement, with two one-year options, for upfitting and repair parts and services for City vehicles. Upfitting services are necessary to fabricate, modify and retrofit City vehicles with side steps, toolboxes, emergency lighting and various other items and services. Repairs such as body work, electrical and suspension is also performed on an as needed basis. BACKGROUND AND FINDINGS: The purpose for this service agreement is for upfitting and repair parts and services on City vehicles. The Asset Management - Fleet Division utilizes these services to keep City vehicles up and running. Currently, the City Fleet Department utilizes these services on an as needed basis. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid (RFB) process to obtain bids for a new contract. The City received one bid. The RFB was then extended an additional week to allow more time for additional bids. Ultimately, the City received only one responsive bid. Staff is recommending the award to the lowest, responsive, responsible bidder and incumbent C&S Plating and Bumper Recycling, Inc., dba C&S Truck Equipment. The labor rate has increased by 50% from the last agreement in 2020, from $60/hour to $90/hour. ALTERNATIVES: The alternative to accepting this bid would be to perform the upfitting repair and repair parts and services in house. However, more employees, equipment and supplies will be needed which will be a higher cost to the City. FISCAL IMPACT: The fiscal impact for Fleet Maintenance Services in FY 2024 is $ 333,000.00 for upfitting and repair parts and services for City vehicles, with the remaining cost, if options are exercised, to be funded in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Services Organization/Activity: 40170 Fleet Operations Mission Element: 202 Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing a one-year agreement, with two one-year options, with C&S Plating and Bumper Recycling, Inc., dba C&S Truck and Van Equipment for upfitting and repair parts and services as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Sr. Buyer: Minerva Alvarado RFB No.4845 Upfitting Services and Repairs C&S Plating and Bumper Recycling, Inc. dba C&S Truck Equipment Corpus Christi,TX ITEM DESCRIPTION UNIT 1-YR QTY Unit Price Extended Price 1 Labor Rate HRS 1,500 $ 90.00 $ 135,000.00 ITEM DESCRIPTION Estimated Spend Mark Up% Estimated Spend +Mark Up 2 jParts and Materials I $ 165,000.00 1 20% $ 198,000.00 Total $ 333,000.00 Page 1 of 1 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B �yV S C� G° a 0 H SERVICE AGREEMENT NO. 4845 U Upfitting Services and Repairs yeanaonn!e 1852 THIS Upfitting Services and Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and C & S Plating and Bumper Recycling, Inc., dba C & S Truck and Van Equipment ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Upfitting Services and Repairs in response to Request for Bid/Proposal No. 4845 ("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 Upfitting Services 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. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $333,000.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joe Gonzalez Department: Asset Management Phone: 361-826-1938 Email: JoeGo@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 that 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. Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B 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. City may inspect all Services and products supplied before acceptance. Any Services or products 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, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B 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. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Joe Gonzalez Title: Equipment Mechanic Foreman Address: 5353 Ayers St, Bldg 313, Corpus Christi, TX 78415 Phone: 361-826-1938 Fax: N/A IF TO CONTRACTOR: C & S Plating and Bumper Recycling, Inc., dba C & S Truck and Van Equipment Attn: Lynda Dehnert Owner 2022 Saratoga Blvd, Corpus Christi, TX 78417 Phone: 361-854-0630 Fax: 361-853-4786 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. 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 if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B CONTRACTOR C ocuSigned by: Signature: - 387CDE2FA6A422... Printed Name: Lynda Dehnert Title: owner Date: 9/21/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement 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 l : RFB/RFP No. 4845 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide upfitting services and repairs for the Fleet Maintenance Division on an as needed basis. 1.2 Scope of Work A. Service requirements: 1 . The Contractor shall provide upfitting services to include, but is not limited to installation, fabrication, and modify, and/or retrofit City vehicles and or equipment including side steps, toolboxes, vises, hose reels, hitches, light bars, emergency lighting, bed covers, suspension lifts, bed lining, under coating, paint. 2. The Contractor shall perform repairs to include, but is not limited to: body, electrical, suspension, and other miscellaneous services. 3. The Contractor shall have a paint booth. 4. The Contractor shall prime, paint and powder coat all manufactured parts. 5. The Contractor shall always stock common parts used for City vehicles. 6. The Contractor shall have a one day turn around on under coats and bed liners. 7. The Contractor shall not subcontract any repairs. 8. The Contractor shall perform both electrical and mechanical diagnostics. 9. The City shall not be responsible for any towing charges for immediate failures after repairs have been completed. If immediate failures do occur while in contractors' possession, the Contractor will use the City's contracted towing company. 10. The Contractor must be willing to pick up and or deliver City vehicles if called upon for services when vehicles are drivable. 11 . The Contractor will follow labor guidelines of a recognized source such as (All Data, Chilton, Mitchell Fleet Cross) for billing purposes. 12. The Contractor will not perform any labor billed to the City of Corpus Christi without prior approval by Supervisor of Fleet Maintenance Division. B. Lead Time 1 . The City vehicles and or equipment services shall be First Priority. This standard shall apply to a full six-day work week, Monday through Page 1 of 2 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B Saturday, and include items covered under contract as well as non- contract. 2. The Contractor shall have four business days to complete what is constituted as a minor repair according to the manufacturer. 3. The Contractor shall have eight business days to complete what is constituted as a major repair according to the manufacturer. If additional days are required, the Contractor shall obtain approval from the Corpus Christi Asset Management Staff. C. Pickup/Delivery 1 . The City will use its authorized contracted towing company to deliver the inoperative vehicle to the Contractor. The City will notify the Contractor of vehicles being towed and delivered to the Contractor for services. The day the vehicle is received, the Contractor shall send an email to the City of Corpus Christi, Asset Management Department Fleet's Staff indicating the date the vehicle was received and estimated completion time of service. 2. The City of Corpus Christi Asset Management Department's staff will transport operative vehicles to and from the Contractor's facility. 3. Contractor shall be available to pick up and deliver operable vehicles if Asset Management staff are unable to pick up/deliver them. 1.3 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. Page 2 of 2 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B Attachment B - Bid/Pricing Schedule CITY OF CORPUS CHRISTI ° CONTRACTS AND PROCUREMENT BID FORM R R 1�2 RFB No. 4845 Upfitting Services and Repairs PAGE 1 OF 1 Date: 07/20/2023 C&S Plating and Bumper Recycling, Inc. Authorized Lynda Dehnert Bidder: dba C&S Truck Equipment 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 Contracts and Procurement 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" , Des dripti oni Unfit ty " �► +�I P'rtc e P�'ICe 1 Labor Rate HR 1,500 $90.00 $135,000.00 Estirr ated.Spencl Markup Estimated Spend + Markup 2 Parts and Materials $165,000 20% $198,000.00 $333,000.00 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B ATTACHMENT C: INSURANCE REQUIREMENTS A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) 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 by endorsement, 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 $1,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 GARAGE KEEPERS PHYSICAL DAMAGE $1,000,000 COVERAGE including: Actual Cash Value of Vehicles While in Care, Custody or Control 1. Physical Damage on a Direct Primary Basis Revised 1 1.30.20 Page 1 of 3 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Revised 1 1.30.20 Page 2 of 3 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ■ Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 agreement. 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 agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2022 Insurance Requirements Exhibit Contracts for General Services -Services Performed Onsite - Garage Keepers 12/14/2022 Risk Management - Legal Dept. Revised 1 1.30.20 Page 3 of 3 DocuSign Envelope ID:32E36C14-B675-4112-9A9F-DA686C83947B ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall warrant materials and workmanship against defects arising from faulty material, faulty workmanship for a period of 12 months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the City. B. Where items or equipment or material carry a manufacturer's warranty for any period in excess of 12 months, then the manufacturer's warranty shall apply for that piece of material or equipment. The Contractor shall replace such defective equipment or materials, without cost to the City, within the manufacturer's warranty period. Page 1 of 1 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 10, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P. E., Director of Engineering Services Jeff reyE(d)-cctexas.cora (361) 826-3851 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Authorization to Purchase 15 vehicles for Construction Inspectors CAPTION: Resolution authorizing the use of the public health and safety statutory exemption to purchase up to 15 trucks from various unidentified regional dealerships in an amount not to exceed $686,488.44 with funding from the Fleet Equipment Replacement Fund. SUMMARY: A resolution authorizing the purchase of 15 trucks from various regional dealerships to support the construction inspection division of the Engineering department. BACKGROUND AND FINDINGS: The 2023 Budget included funding for 15 new vehicles for the new Construction Inspectors added to the Engineering Department. The positions were added to support the growing number of capital projects the City has under construction. These positions ensure our contractors are building these capital projects to the designed specifications, and ensure precautionary measures are taken to keep the public safe. On January 16, 2023, Council Approved the acquisition of these 15 vehicles from Silsbee Ford through the TIPS Cooperative. To date, only 6 of the 15 vehicles have been assigned a vehicle identification number and none of the 15 vehicles have entered production. With the 2022 bond program moving into the construction phase there is a growing need for construction inspections requiring the City to seek alternate means to acquire these vehicles. The auto industry continues to be plagued by global supply chain issues. Auto manufacturers are continuing to cut their production estimates due to labor and material shortages. Many of the vehicles we had secured for the 2022 and 2023 production runs have been canceled or placed on hold. Manufacturers are still providing limited allocations to regional areas, but dealerships are unsure of exact specifications until delivery and cannot respond to solicitations due to these circumstances. Dealerships are also unwilling to hold vehicles they receive for an extended period due to the current market demand. Additionally, on September 15, 2023, the United Automobile Workers union began a strike at the Ford Michigan Assembly Plant. Friday September 29, 2023, the strike expanded to Ford's Chicago Assembly plant and GM's Lansing Delta Township assembly plant. While vehicle production is not currently impacted, if the strike continues to grow, it could potentially jeopardize vehicle productions for the current and future cycles. The Contracts and Procurement Division of Finance requests authorization to approve these purchases through this item. To this end, this request authorizes the procurement of up to 15 vehicles through the public health and safety statutory exemption from regional automotive dealerships. PROCUREMENT DETAIL: Up to 15 Vehicles will be sourced from various local dealerships. Finance & Procurement will coordinate with both Asset Management and the Engineering department to ensure the vehicles meet the needs of both operations and fleet management. ALTERNATIVES: The alternative would be to continue to wait in the production queue for the vehicles to be produced. This would negatively impact the ability for the new inspectors to perform theirjob duties and could delay our capital improvement program. FISCAL IMPACT: The fiscal impact of these purchases totals $686,488.44 funded by the Amended 2024 Fleet Equipment Replacement Fund budget. Funding was included in the FY 2023 adopted fleet budget and rolled forward to the FY 2024 amended budget. Contingent funding of 10% has been included in the amounts and is authorized to be accessed and expended only on an as- needed basis and per individual item acquired, due to the ongoing volatility of market conditions and continuing supply chain issues being experienced. FUNDING DETAIL: Fund: 5111 Organization/Activity: 11190 Mission Element: 13 Project # (CIP Only): Account: 550020 RECOMMENDATION: Staff recommends approval of this resolution authorizing City staff to purchase up to 15 trucks from various regional dealerships. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the use of the public health and safety statutory exception to purchase up to 15 trucks from various unidentified regional dealerships in an amount not to exceed $686,488.44, with funding from the Fleet Equipment Replacement Fund. WHEREAS, construction inspections are necessary to monitor the progress of construction of the City's capital improvement program's ongoing projects; WHEREAS, State law requires that procurements are subject to statutory requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents; WHEREAS, construction inspectors require vehicles to make site visits and inspect the construction process, and vehicle availability for purchase in the current market is volatile and scarce; and WHEREAS, given the necessity for the purchase of these vehicles, the City Council finds that it is in the best interest of the City's residents to make purchases from regional dealerships to secure vehicles for the construction inspectors in order to avoid delays and any interruption in the City's inspection of the capital improvement program's ongoing projects, which is deemed necessary to preserve and protect the public health or safety of the City's residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute all documents necessary to purchase up to 15 trucks from various unidentified regional dealerships, in an amount not to exceed $686,488.44, with funding from the Fleet Equipment Replacement Fund. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary o� �a v yoAPoaa.�� AGENDA MEMORANDUM xs52 Action Item for the City Council Meeting October 10, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief brandonw@cctexas.com 361-826-3900 Resolution Authorizing submission of a grant application to the Firehouse Subs Public Safety Foundation for the Corpus Christi Fire Department CAPTION: Resolution authorizing the submission of a grant application for the Firehouse Subs Public Safety Foundation Grant for funding in the amount of$22,745.74 for five replacement and one additional emergency medical services patrol bikes and one replacement rescue boat to support the Corpus Christi Fire Department. SUMMARY: This resolution authorizes the Corpus Christi Fire Department (CCFD) to submit an application to the Firehouse Subs Public Safety Foundation Grant for funding in the amount of$22,745.74. The funds will help to enhance the safety of the public with emergency medical services (EMS) patrol bikes and an additional rescue boat for water rescue calls. BACKGROUND AND FINDINGS: The Firehouse Subs Public Safety Foundation was established in 2005. The Foundation's purpose is to provide fire departments and their communities with funding to be used for lifesaving equipment, prevention education, scholarships and continued education, and disaster relief. The Foundation's grants are eligible for public safety and non-profit organizations. If approved, the funds from this grant will be used to equip CCFD with five replacement and one additional emergency medical patrol bikes ($7,200) and a replacement rescue boat ($15,545.74). CCFD has had an emergency medical bike patrol team since the year 2000. The team currently consists of five bikes that are housed at Hazmat Central on Leopard Street (Council District 1). The bikes are only used for special events such as the Buc Days Parade, the Blue Angels Air Show, and the Jazz Festival. As for the members of the CCFD bike team, tryouts are held. Prerequisites for consideration include being an FF-II EMS Paramedic with a minimum of one year in grade (from date of promotion), passing a written exam with a grade of 80 or better, and passing a physical ability test (obstacle course) which includes a three-mile bike ride. The written exam is a mixture of questions that cover bike traffic laws, bike mechanics, and medical/trauma subject matter. Currently, the bike team is not fully staffed. Tryouts are being planned for the end of October but have not yet been scheduled. CCFD's goal is to have 30 bike team members so that a pool of 10 bike team members would be available per shift (three shifts per day). Each of the bikes is specifically equipped to help render aid in places and situations where a medic unit is unable to respond quickly or at all. Accordingly, each bike has two saddle bags which contain medical and trauma equipment as well as other supplies such as pens, writing pads, and flashlights. In the case of large-scale events, the bikes allow paramedics to patrol through crowds and get to incidents quicker, which helps increase the likelihood that a patient will remain stable until a medic unit arrives. CCFD will use the remainder of the grant funds to purchase one replacement rescue boat with motor. The replacement rescue boat will be a Zodiac 380 which will replace one of CCFD's current rescue boats. The current rescue boat is an Inmar 380 that was purchased in 2017. The current rescue boat has met the end of its useful life and has become unreliable due to the many repairs and patches needed to keep it in service. CCFD currently has a total of five boats, which include a hard-shell rescue boat at Fire Station 13 (Council District 4), and four inflatable rescue boats at Fire Stations 1 (Council District 1), 4 (Council District 4), and 5 (Council District 1). After being awarded grant funding from the Firehouse Subs Public Safety Foundation Grant, the Foundation requires a two year wait before applying for another Foundation grant. CCFD previously applied for this grant two years ago in 2021 and was awarded $32,965.90. CCFD used those awarded grant funds to purchase one additional 12-Lead Zoll cardiac monitor for the AMBUS. ALTERNATIVES: The alternative is not to submit the application and find other funding sources for bikes and rescue boats. However, this will result in a delay in purchasing the bikes and rescue boats since not funding is identified in the FY 2024 Budget for these purchases. FISCAL IMPACT: There is no fiscal impact for the application process. If awarded, grant funds will be appropriated in the FY 2024 Fire Grants Fund. No cash match from the City will be required if awarded. Funding Detail: Fund: N/A Organization/Activity: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends authorizing the submission of an application for the Firehouse Subs Public Safety Foundation Grant for funding in the amount of$22,745.74, as presented. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Resolution Resolution authorizing the submission of a grant application for $22,745.74 to the Firehouse Subs Public Safety Foundation for 6 Fire/EMS patrol bikes and 1 rescue boat to support the Corpus Christi Fire Department. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application to Firehouse Subs Public Safety Foundation in the amount of $22,745.74 for funding for 6 Fire/EMS patrol bikes and 1 rescue boat to support the Corpus Christi Fire Department. SECTION 2. The City Council designates the Fire Chief as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Corpus Christi Fire Department (CCFD) Zodiac 380 Rescue Boat ym r Corpus Christi Fire Department (CCFD) Emergency Medical Service Patrol Bike SC v AGENDA MEMORANDUM NORP00.P5 EO First Reading Ordinance for the City Council Meeting October 10, 2023 Ts52 Second Reading Ordinance for the City Council Meeting October 17, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 826-3232 Ordinance authorizing a three-year lease agreement with Texas A&M University Corpus Christi Lone Star UAS Center of Excellence and Innovation. CAPTION: Ordinance authorizing a three-year lease agreement with five one-year options to renew, with Texas A&M University-Corpus Christi Lone Star UAS Center of Excellence and Innovation (LSUASC) for 3,000 square feet of shop space, 19,000 square feet of unimproved land, and 1 ,400 square feet of the vehicle parking at the Corpus Christi International Airport. SUMMARY: The proposed lease agreement is between the City of Corpus Christi and Texas A&M University-Corpus Christi Lone Star UAS Center of Excellence and Innovation for premises located at the Corpus Christi International Airport. The property consists of 3,000 square feet of shop space, 18,872 square feet of unimproved land, and 1 ,666 square feet of the vehicle parking. This property lease is for the storage, operation, and maintenance of unmanned aerial systems (UAS) operated by the Texas A&M University-Corpus Christi Lone Star Unmanned Aircraft System Center of Excellence (LSUASC). The leased premises will also allow for the storage and operation of maintenance equipment, operations and communications systems, and other support functions conducted by the Lone Star program. The lease rate is based on the appraisal that was recently completed for all airport property and activates a space that has been primarily used for airport storage. BACKGROUND AND FINDINGS: The Lone Star Unmanned Aircraft System Center of Excellence is one of seven Federal Aviation Administration (FAA) UAS test sites in the United States and was established in the Fall of 2013 as a research center at Texas A&M University-Corpus Christi. The program's mission is to advance the integration of unmanned aerial systems and autonomous aviation technologies across educational, public, and commercial agency interests. It provides an economic stimulus to attract related industry partners to Texas and informs governing agencies on UAS operations in the National Airspace System. The Lone Star program and CCIA have worked closely to develop procedures and agreements that enable simultaneous operations of manned and unmanned aircraft on the airport and within its airspace. Coordination by both parties with FAA is ongoing to build and expand the program and enable larger, longer, and more complex missions. This leased premises will serve as an on-airport base of operations for the growing program and establish the first facility of its kind in the United States. The building has direct airfield access to a general aviation apron and has three roll doors to facilitate the loading and unloading of unmanned systems. The building is a former fire station that was converted to a storage building for airport equipment. The building roll doors are not standard hangar doors and therefore too narrow to accommodate a manned aircraft, and building structural components prevent it from being retrofitted with hangar doors. This lease is the highest and best economical use of the premises for both parties. ALTERNATIVES: Alternatives include leasing the premises to another tenant who has aeronautical use but does not require standard hangar doors. They also include not leasing the building and continuing to use it as a storage building. FISCAL IMPACT: This proposed new lease agreement will provide CCIA with an additional annual rent revenue of $26,650.00 per year. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 Department #: 53 Project # (CIP Only): N/A Account: 320230 RECOMMENDATION: Staff recommends approval of the Ordinance. The Airport Board recommended Council approval at their regularly scheduled meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance authorizing a three-year lease agreement with five one-year options to renew, with Texas A&M University-Corpus Christi Lone Star UAS Center of Excellence and Innovation (LSUASC) for 3,000 square feet of shop space, 19,000 square feet of unimproved land, and 1,400 square feet of the vehicle parking at the Corpus Christi International Airport. Whereas, the Texas A&M University of Corpus Christi Lone Star UAS Center of Excellence and Innovation has asked the City to lease a hangar and surrounding unimproved land to them at the Corpus Christi International Airport to house their unmanned aircraft (drone) program for aeronautical purposes; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a lease agreement with Texas A&M University Corpus Christi Lone Star UAS Center of Excellence and Enovation for land and improvements at the Corpus Christi International Airport for a lease term of three years, with automatic renewal of three additional three- year terms, for the purpose of facilitating Lessee's aeronautical services. SECTION 2. The lease agreement is effective upon approval of the City Council and execution by the City Manager, or his designee. Introduced and voted on the day of 2023. PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C LEASE AGREEMENT TEXAS A&M UNIVERSITY CORPUS CHRISTI (Unmanned Aircraft Systems) This use and lease agreement ("Lease") is made by and between the City of Corpus Christi ("City"), acting by and through its City Manager or his designee ("City Manager"), and the Board of Regents of the Texas A&M University System for the benefit of Texas A&M University—Corpus Christi and its Lone Star UAS Center of Excellence and Innovation ("Lessee"), a department of the university. WHEREAS, the City owns the Corpus Christi International Airport ("Airport") located in the city of Corpus Christi, Nueces County, Texas, and has authority to lease land and improvements at the Airport; WHEREAS, the Airport is managed by the Director of Aviation ("Aviation Director"); WHEREAS, the parties desire to enter into this Lease for land and improvements, to include the lease of shop space, unimproved land, and vehicle parking spaces adjacent to the hangar space for the purpose of facilitating the provision of Lessee's aeronautical activities; and NOW, THEREFORE, in consideration of the terms, conditions, and mutual covenants contained in this Lease, the City and Lessee agree as follows: Section 1. Premises. City leases to the Lessee the real property and existing improvements as depicted in the attached Exhibits A and B ("Premises"), such exhibits being incorporated by reference into this Lease as if fully set out here in their entireties, and which is physically located at 620 International Drive, Corpus Christi, Texas. The Premises are generally described as follows: approximately 3,000 square feet of shop space, approximately 19,000 square feet of unimproved land, and approximately 1 ,400 square feet of vehicle parking area adjacent to the unimproved land at the Corpus Christi International Airport. Section 2. Term. The term of the Lease commences upon final approval by the Corpus Christi City Council and execution by the City Manager ("Effective Date") and continues for a term of thirty-six (36) months from the Effective Date unless earlier terminated by one of the parties in accordance with this Lease. The term of this Lease renews automatically annually for a period not to exceed five (5) years unless either party provides the other with not less than sixty (60) days' advance written notice of non-renewal. Section 3. (Rent. A. So long as Lessee continually uses the entire Premises solely for Lessee's aeronautical use, the annual rent for the Premises is set out below: Page 1 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C Premises Monthly Rent Annual Rent Shop Rent $1 ,450.00 $17,400.00 Land Rent $712.50 $8,550.00 Vehicle Area Rent $58.33 $700.00 Total Rent $2,220.83 $26,650.00 After the first year of this Lease, the lease rental rate will be adjusted as provided in Subsection C below. B. The initial monthly payment is due on the Effective Date of this Lease, and subsequent Lease payments are due on the first day of each month following the expiration of the initial month of the Lease. If the first day of a month falls on a Saturday, Sunday, or City holiday, the Lease payment is due the first business day following such closure. Lease payments must be mailed or delivered in person to the address shown in Section 29 of this Lease on or before the due date. If t he Lessee fails to remit the Lease payment by the due date, interest will be computed as set forth in the Texas statute Prompt Payment Act. Lessee. Lessee may choose to pay the annual amount due for the initial term of the Lease or, upon a valid exercise, for any exercised renewal term period in advance at any time. Notwithstanding the Lease rates set out in Exhibit B, the Lease amounts are subject to adjustment under subsections C and D of this section. C. The square footage lease rate shall be adjusted annually by a 2% increase on October 1 st of each fiscal year for the duration of the Lease. D. Fees and charges for miscellaneous items and services provided by the City including, but not limited to, employee badges, shall be assessed by the City in connection with ordinary usage of Airport facilities; such fees and charges are payable monthly in accordance with the provisions regarding the payment of rent in this section. E. All Lease payments, rentals, fees, and charges payable by Lessee to City under the terms of this Lease, whether or not expressly denominated as rent, shall constitute rent forall purposes including, but not limited to, purposes of the United States Bankruptcy Code. Section 4. City and Lessee Representatives. The Aviation Director is the City's representative to receive all rent, notices, and reports due under this Lease. The contact person for the Lessee is Michael Sanders. Section 5. IUse of Premises. A. Lessee shall have the right to use and occupy the Premises solely for the operation and support of Lessee's aeronautical operation for the storage of its aircraft and vehicle parking in the designated parking area. Lessee shall use the Premises for no other purpose without the prior written consent of the Aviation Director. B. Lessee may not use or occupy, permit the Premises to be used or occupied, nor do or permit anything to be done in, on, or at the Premises in a manner that would, in any way, void or make voidable any insurance then in force with respect to the Premises or operations at the same or that would make it impossible to obtain the insurance required to be furnished by Lessee under this Lease. Page 2 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C C. Lessee will not make any unlawful use of the Premises nor permit any unlawful use thereof and will not commit, or permit anyone else to commit, any act which is a nuisance or annoyance to the City or adjacent property owners or tenants, or which might, in City's sole judgment, appreciably damage City's goodwill or reputation or tend to injure or depreciate the value of the Premises or any improvements located thereon. Lessee will comply with all terms and conditions contained in the Minimum Standards adopted by the City, as may be amended from time to time. D. Lessee acknowledges and agrees that the City reserves the right to temporarily use the Premises, at no cost to the City, as a pre- or post-emergency evacuation, storage, or operations facility if deemed necessary by the City Manager. The Lessee also agrees to allow the City to temporarily use the Premises for special events as may be requested in advance and in writing by the Aviation Director. E. City is not required to make any expenditure nor incur any obligation or liability of any kind whatsoever in connection with the financing, construction, maintenance, or repair of the Premises. F. If the Premises is partially damaged due to acts of God, fire, or other casualty to the extent that Lessee cannot use that portion of the Premises for its intended purpose, then, at Lessee's option, this Lease may be suspended or terminated until the damage is repaired. If the Lease is suspended, Lessee and City will mutually agree on a time period for Lessee to repair the damages to the Premises. If the Lease is terminated, the rent will be abated from the date of the casualty, provided, however, that Lessee must use its insurance proceeds to repair or replace the damaged Premises. Any remaining insurance proceeds after all repair costs have been expended and the Premises restored will be paid to Lessee. The City Manager is the sole judge of the extent of damage to the Premises. Section 6. Parking. Parking space is available next to the unimproved land area at 620 International Drive, as shown in Exhibit B, on an exclusive basis and may be used for parking cars and other passenger motor vehicles used by the Lessee and its customers, guests, and patrons and persons or companies doing business with Lessee. Lessee acknowledges that use of the parking space shall fully comply with all of the Airport's rules and regulations for parking and vehicle usage at the Premises and adjacent parking areas and shall require users, customers, patrons, and guests of Lessee to do so as well. Section 7. Signs. Lessee may install City ordinance compliant signs on the Premises at its sole cost; provided, however, that the Lessee has obtained the Aviation Director's prior written consent as to the size, type, design and location of these signs or other corporate identification display, which consent shall not be unreasonably withheld or delayed. Section 8. Right to Amend. If the FAA or its successor agency requires modifications or amendments to this Lease as a condition precedent to the granting of funds to the City for Airport improvements, Lessee agrees to consent to the modifications or amendments to the Lease as may be reasonably required, provided, however, Lessee will not be required to pay any increased rent, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and Airport have fully executed an amendment to this Lease that is mutually satisfactory to both parties regarding any terms or conditions of this Lease affected by said actions of the FAA. Page 3 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C Section 9. Subordination to U.S./FAA Requirements; Nonexclusive Rights. This Lease is subordinate to the provisions of any existing or future agreement between the City, acting through the Airport, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 10 or under Section 9 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. It is understood and agreed that nothing contained in this Lease shall be construed to grant to Lessee any exclusive right or privilege within the meaning of Section 308 of the Federal Aviation Act, as amended, for the conduct of any activity on the Airport, except that, subject to the terms and provisions hereof, Lessee shall have the right to exclusive possession of the leased Premises. Section 10. Development of Improvements. A. Lessee shall not construct improvements upon the Premises without the prior written approval of the Aviation Director and the City's Director of Engineering Services. Additional improvements may be subject to execution of an amendment to this Lease. Where required by law, approval of the City is subject to the concurrence of the FAA. Any additional improvements must substantially comply with the plans and specifications approved by the City and FAA, if applicable. B. If Lessee desires to make any modifications or to construct new improvements in, at, on, or to the Premises, Lessee may do so at its sole expense and in conformity with the requirements in this subsection and elsewhere in this Lease. Lessee must provide a written request to the Aviation Director in advance for written approval prior to any modification and/or construction work being performed along with a complete set of plans and specifications and the name of the contractor and subcontractors. Approval or disapproval will be provided in writing to Lessee by the Aviation Director within 30 calendar days of Lessee's full and complete submission. Upon approval, Lessee may be authorized to proceed with the improvements at Lessee's sole expense and risk, subject to compliance with any additional insurance, permitting, or other requirements necessary to be imposed on the project. The City reserves the right to have the Premises, or any portion thereof, returned to its original condition at the termination of this Lease, normal wear and tear excepted, at Lessee's sole expense. Before commencing any new improvement, modification, work, or equipment installation on the Premises, Lessee shall procure and maintain and shall require all contractors and subcontractors to procure and maintain insurance of the types and levels as determined by the City's Risk Manager. for the duration of the approved project. C. If Lessee's proposed development or improvements to the Leased Premises is approved by the Aviation Director and the City's Director of Engineering, the City will work with Lessee to study the existing infrastructure serving the Leased Premises. If additional infrastructure improvements need to be made to accommodate the new improvements, the City will provide sufficiently sized infrastructure up to the leased parcels at no cost to the Lessee including water, sewer, electricity, and storm drainage. Page 4 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C D. ANY APPROVALS BY CITY UNDER THIS SECTION INCLUDING, BUT NOT LIMITED TO, APPROVALS OF PLANS AND SPECIFICATIONS, INSPECTION OF WORK, DESIGN, OR CONSTRUCTION ARE NOT TO BE CONSTRUED AS A REPRESENTATION, WARRANTY, OR STATEMENT AS TO THE QUALITY, SOUNDNESS, OR SAFETY OF THE DESIGN AND CONSTRUCTION OF ANY OF THE IMPROVEMENTS (INCLUDING, WITHOUT LIMITATION, THE EXISTING IMPROVEMENTS) OR FACILITIES RELATED THERETO. E. When required by the City, Lessee will furnish to the City two sets of complete plans and specifications for improvements, and no work will be done on said improvements without prior written approval of such plans by the City, acting through its Aviation Director and its Director of Engineering Services. F. Upon termination or expiration of this Lease, ownership of the improvements constructed by Lessee on the Premises reverts to the City free and clear of all liens, claims, and other encumbrances or adverse interest in the Premises or the Improvements located thereon. G. Notwithstanding any requirements contained in this Section 10, the City approves Lessee's installation of a sidewalk at the Leased Premises. The location and specifications of the sidewalk will be submitted by Lessee to the City for approval, together with estimated costs, which will be equally split between the City and Lessee. Section 11. Lessee's Repair and Maintenance Obligations. A. Premises. Lessee, at its own expense, shall maintain the Premises and improvements in good appearance and in a condition no less than the equivalent condition as of the Effective Date. Lessee shall maintain all leasehold improvements on the Premises (including, without limitation, parking lots, sidewalks, roofs, walls, partitions, floors, ceilings, windows, doors, and glass, and all furnishings, fixtures, and equipment therein). Lessee shall provide janitorial service and maintenance to keep the interior and exterior of the Premises and improvements in a clean, attractive, and sanitary condition at all times, including providing necessary pest control of the Premises either through regularly utilizing the services of a State-licensed pest control service or engaging in the self-administration of federally approved products to control all nature of pests, insects, and vermin. Any landscaping must be well-maintained and kept in a neat and tidy condition by the Lessee; foliage that is diseased and/or dead must be replaced. If substituting plants, Lessee must have the prior written approval of the Aviation Director. Lessee shall repair any and all damage caused to real and personal property of City occurring on the Premises as a result of the willful or negligent acts or omissions of Lessee, its officers, employees, agents, guests, or invitees in maintaining the Premises. B. Quality of Maintenance. It is the intent of the City and Lessee that the Premises and improvements will be repaired and maintained in a manner that shall keep the improvements in good repair, and in a condition so the Improvements will be usable at the end of the Lease. Lessee must comply with the maintenance obligations and with all applicable governmental laws, rules, or regulations. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other properties. The Aviation Director may at any time, during City's normal business hours, upon prior notice unless an emergency exists, enter upon the Premises to inspect and determine if Page 5 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C the maintenance requirements of this Lease are being complied with by Lessee. The Aviation Director must notify Lessee in writing of any default in maintenance or repair. If the required maintenance or repair in the Aviation Director's notice to Lessee is not commenced within 10 business days after receipt of such written notice, or is not diligently prosecuted to completion, the Aviation Director may, but is not obligated to do so, enter upon the Premises and perform the subject maintenance or repair. Lessee agrees to reimburse the Airport for its cost plus a 15% administrative fee within 30 days after the Aviation Director's written demand therefore, together with copies of all paid receipts for such repairs and maintenance. Lessee will develop, within 30 days of execution of this Lease, a preventive maintenance plan regarding the improvements and provide a copy to the Aviation Director. C. Correct Hazards. Lessee must immediately correct or cause to be corrected any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director. At the Aviation Director's reasonable discretion, the operations in the Premises, or affected portion of the Premises, may be restrained or stopped until the hazardous or potentially hazardous condition is removed or corrected. Section 12. Security. A. Lessee, its officers, employees, agents, contractors, and invitees must comply at all times with all applicable federal and local security regulations, as the same may be amended. To the extent permitted by the statutes and constitution of the state of Texas, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied againstthe City or the Lessee. B. Lessee is responsible for obtaining and providing its own security of the Premises, including security guard service, installation and operation of surveillance cameras, and daily security of its facilities. The Aviation Director, or his authorized designee, will grant security access to gates and facilities as needed. Lessee is responsible for identifying and communicating which of Lessee's personnel need to be granted access and/or have such granted access revoked. Section 13. 14 CFR Part 77 Requirements. Lessee covenants to comply with the notification and review requirements set out in Part 77 of the FAA Regulations (14 CFR Part 77), as amended, if Lessee plans to construct or modify any structure, antenna, or building located on the Premises or to be constructed on the Premises as an Improvement. Section 14.Control of Structures. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of fifteen percent (15%). Page 6 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C Section 15.Aerial Approaches. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Section 16.Hazardous Substances and Materials. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 , et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 , et. seq.); 4) Any substance, material or waste defined as a "regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.C. Section 6991 , et. seq.); and 5) Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. With the exception of the above-ground fuel tanks to be installed on the 2,000 square foot undeveloped parcel, no other above-ground nor underground fuel storage tanks shall be located or permitted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or surface water, waters, or Page 7 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. D. Lessee shall keep a readily accessible file of Safety Data Sheets ("SDS") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the MSDS sheet is available for the first responders to the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). Section 17.I Nondiscrimination/Affirmative Action. A. Nondiscrimination-General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21 , Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination-Business Owner. This Lease is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any Page 8 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. Lessee shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub- organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its improvements. Section 18.Compliance with Laws. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State and Local. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. Lessee shall also comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. Section 19. Acceptance of Premises Disclaimer. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGROUND STORAGE TANKS, AND ANY OTHER HAZARDOUS MATERIALS AS MAY EXIST ON Page 9 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C THE PREMISES AND THAT NEITHER CITY NOR ANY EMPLOYEE OR AGENT OF CITY HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO PUT THE PREMISES AND IS RELYING ON ITS OWN INSPECTION. THIS LEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS, AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. Section 20. Fiscal Year. By execution of this Lease, Lessee acknowledges that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to budget approval and sufficient appropriations by the City Council for such contract item as an expenditure in the next fiscal budget. The City does not represent nor warrant to Lessee that a budget item providing for this Lease in any future fiscal budget will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. Section 21. City's Obligations. A. City agrees to operate the Corpus Christi International Airport as a public airport during the term of this Lease, subject to the assurances given by the City to the United States Government. B. In exchange for Lessee's promise to maintain the Premises, the City agrees to make water and wastewater services available to the Premises property line on the same basis as it is made available to all businesses operating at the Airport. Lessee must procure and pay for all utility usage, such as gas, wastewater, cable, Internet, and telephone charges, that are supplied to the Premises during the term of the Lease as the charges become due and payable. Lessee shall also pay any and all connection fees and additional costs related to utility metering, maintenance, and repair. IN NO EVENT WILL THE CITY BE LIABLE FOR ANY INTERRUPTION OR FAILURE IN THE SUPPLYING OF ANY UTILITIES TO THE PREMISES, INCLUDING THOSE WHICH THE CITY HAS AGREED TO FURNISH. C. The City shall provide reasonable notice if ingress and egress to the Premises will be interrupted due to maintenance. If City causes Lessee's ingress or egress to be interrupted for more than 24 hours, the City will consider rent reduction for days of non-use. Section 22. Insurance. . The City understands that Lessee ("TAMUCC") is a Texas governmental entity subject to certain liability limitations under the law. Accordingly, the City will accept a self-insurance letter from TAMUCC for the insurance requirements under this Lease. Section 23. Liability. A. TO THE EXTENT PERMITTED BY THE STATUTES AND CONSTITUTION OF THE STATE OF TEXAS, LESSEE SHALL INDEMNIFY, HOLD HARMLESS, AND Page 10 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, "INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, LIENS, JUDGMENTS, FINES, PENALTIES, AWARDS, LAWSUITS, CAUSES OF ACTION, AND EXPENSES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY CLAIMS AND ALL EXPENSES OF LITIGATION (INCLUDING MEDIATION AND ARBITRATION), COURT COSTS, , AND EXPERT WITNESS FEES, ON ACCOUNT OF PERSONAL INJURIES (INCLUDING WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS LEASE OR THE PERFORMANCE OF THIS LEASE, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BYTHE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR PARTY. LESSEE 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 INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM OR OUT OF ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, OR DAMAGES. THE INDEMNIFICATION OBLIGATIONS OF LESSEE UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. B. No Waiver of Immunity. No part hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of its execution of this Lease and performance of the covenants contained herein. C. Notice of Claim or Action. Notwithstanding the above indemnifications, Lessee must give the Aviation Director and Risk Manager written notice of any accident or other matter covered under this section and forward to the Aviation Director and Risk Manager copies of every notice, demand, claim, summons, or other process communication received within 10 days of Lessee's receipt of same. Section 24. Assignment; Sublease. A. Lessee shall not assign this Lease or sublease the Premises or any part thereof or mortgage, pledge, or hypothecate its leasehold interest, or grant any concession or license within the Premises without the express prior written consent of the City, such consent being within the sole discretion of the City, and any attempt to do any of the foregoing shall be void and of no effect. In the event of any such assignment or sublease, attempted assignment or sublease, or should Lessee, in any other nature of transaction, allow or attempt to allow anyone to occupy the Premises or any portion thereof, City shall upon such occurrence have the right and option to terminate and cancel this Lease effective upon 10 days written notice to Lessee given by City at any time thereafter, and City may terminate and cancel either as to the entire Premises or as to only the portion thereof which Lessee assigned, subleased, attempted to assign or sublease, or otherwise allowed some other party's occupancy. Lessee shall be liable for payment of the fair market value of rents for the portion of the Premises used without consent of the City, such fair market value to be determined by resort and review of the Airport's current property appraisal report. In the event the City elects to terminate this Lease as to the aforesaid portion of the Premises, Page 11 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C then the rent as to the remainder of the Premises may thereafter be reduced as appropriate and as determined by the City. This prohibition against assigning, subletting, attempting to assign or sublet, and allowing or attempting to allow occupancy by another without the City's consent is to be construed to include a prohibition against any assignment, subletting, or occupancy by operation of law. B. In any event where the City consents to a sublease of the leasehold, Lessee will remain liable for the performance of all terms, conditions, covenants, duties, and obligations of this Lease including, without limitation, the obligation to pay any and all sums required by this Lease to be paid and faithful adherence and performance of all indemnity provisions provided in this Lease, unless and until Lessee has been released from such liability in writing by the City Council. C. The City Council may, during any term of this Lease, assign this Lease without consent of the Lessee. In the event the City takes steps to finalize an assignment of this Lease, Lessee will be provided with advance written notice of the assignment not less than 30 days prior to the effective date of an assignment. Any such assignment by the City is deemed to include the single sublease entered into by Lessee pursuant to subsection C above. Section 25. Termination. A. Termination by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by Lessee at any time upon the occurrence of one or more of the following events: 1) The City's permanent abandonment of the Airport; 2) The lawful assumption by the U.S. Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or of any substantial part or parts thereof, which substantially restricts the Lessee from operating at the Premises for a minimum of 180 calendar days; 3) The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport or the Premises that continues for at least 180 days; or 4) The default by the City in the performance of any covenant or obligation to be performed by the City and such failure to remedy the default continues for a period in excess of 60 days after receipt from Lessee of written notice to remedy the same. B. Termination by City. Without limiting any other rights and remedies to which City may be entitled at common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by the City if Lessee: 1) Is in arrears in paying the rent, fees, or other charges due under the Lease for 10 business days after written notice; Page 12 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C 2) Becomes insolvent; takes the benefit of any present or future insolvency statute; makes a general assignment for the benefit of creditors; files a voluntary petition in bankruptcy or a petition or answer seeking a reorganization or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state thereof; or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; 3) Has a petition filed under any part of the federal bankruptcy laws, or an action sought under any present or future insolvency law or statute, against Lessee and which is not dismissed within 30 days after the filing date; 4) Abandons the Premises ["abandon" means failing to use the Premises for aeronautical activities and services as defined in current FAA Order 5190.613 FAA Airport Compliance Manual] for a period in excess of 90 days; or 5) Otherwise defaults in the performance of any of other material covenant of this Lease and continues the default for 30 days, or such other time as may be provided herein, after receipt of written notice from the Aviation Director of the default. If the default cannot reasonably be cured within said 30 days or within any other time as set out in the notice of default, Lessee shall not be deemed in default if Lessee commences the remedy process within the applicable period and thereafter diligently prosecutes the same to completion within a reasonable time period as agreed to by the Aviation Director; otherwise, Lessee will be determined to be in default. C. City's Right to Entry upon Termination. If the Lease is terminated, the City may enter upon the Premises. In the event of termination, the Aviation Director may enter onto the Premises to remove any and all persons or property from the Premises and place any property in storage for the account of and at the expense of Lessee. To the extent allowed by the statutes and constitution of the state of Texas, Lessee further agrees to hold harmless and indemnify City, including its officers, agents, and employees, against, from any loss or damage or claim arising out of City's action in collecting monies owed to it under this paragraph, except for any loss, damage, or claim caused by the gross negligence or willful misconduct of City or its employees. D. Notice of Termination. If an event a material default occurs, and after due written notice identifying the default the defaulting party has failed to cure or failed to commence to cure, the complaining party may at any time after the expiration of any such cure period terminate this Lease by providing written notice of termination to the defaulting party. The Lease will be terminated on the date specified in the notice but not sooner than 10 business days after the postmarked date of the notice. E. Improvements Revert to City. Except for the right of Lessee to remove personal property at the expiration of the Lease, ownership of all improvements placed or constructed on the Premises by Lessee revert to the City upon the expiration or earlier termination of this Lease. Section 26. Re-delivery of Premises. Upon the expiration or earlier termination of this Lease, Lessee shall deliver the Premises to the City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear excepted. Page 13 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C Section 27. Holdover. Upon the Aviation Director's advance written consent, any holding over by Lessee of the Premises after the expiration of this Lease, or the then-applicable renewal period of this Lease, will be as a month-to-month tenancy at sufferance not to exceed six months, upon all the terms and conditions set out in this Lease, except that rent shall be paid to the City by Lessee at 125% of the then-current rental rate in effect, and the Premises remains subject to surrender by the Lessee upon 30 days' prior written notice from the City, acting through the Aviation Director. It is expressly agreed that acceptance by the City of any holdover monthly rental payment under this Lease shall not operate to give Lessee any right to remain in possession beyond the period for which such amount has been paid nor shall it constitute a waiver by the City of its right to immediate possession thereafter, forwhich Lessee shall not fail or refuse to surrender possession. Section 28. Notices. A. With the exception of notices to be provided to the City under the hazardous materials/substances provision of Section 17 and the indemnification provisions of Section 24 of this Lease, all notices required to be sent under this Lease are deemed sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery, or delivered in person, and properly addressed as indicated below: If to City: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 If to Lessee: Texas A&M University-Corpus Christi 6300 Ocean Drive Corpus Christi, Texas 78412 Attn: Michael Sanders With copy to: The Texas A&M University System Office of Business Affairs Attn: System Real Estate Office 301 Tarrow St., 5t" Floor College Station, Texas 77840-7896 Phone: 979-458-6350 Email: sreo(a)tamus.edu With copy to: The Texas A&M University System Office of General Counsel Attn: Property & Construction 301 Tarrow St., 6t" Floor College Station, Texas 77840-7896 Phone: 979-458-6120 Email: property(a)tamus.edu B. Either party may change the address to which notice must be addressed under this section by providing the other party with notice of the new address via any of the methods set out in this section. Page 14 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C Section 29. Disclosure of Interest; Form 1295. A. The City's Code of Ordinances, Section 2-349, as amended, requires all persons seeking to do business with the City to complete and provide a"Disclosure of Interest" form of the type attached to this Lease as Exhibit D. The content of the completed Exhibit D by Lessee is incorporated into this Lease by reference as if fully set out in this section. Lessee is obligated to provide an updated Disclosure of Interest should any information submitted in Exhibit D and incorporated into this Lease by reference change during the pendency of this Lease for approval by the City Council and prior to the City's execution of the same. B. Additionally, Lessee agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and complete Form 1295 "Certificate of Interested Parties" as part of this Lease, if so required by Texas law. Section 30. General Provisions. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and further reserves the right to conduct and/or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture; Cumulative Remedies. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever does not waive City's or Lessee's right thereafter to declare a forfeiture for the same or a succeeding breach or default. The failure of either party ever to insist upon the strict performance of any covenant of this Lease, or to exercise any option contained in this Lease, shall not be construed as its future waiver or relinquishment thereof. City's receipt of rent and fee payments from Lessee, with knowledge of the breach of any covenant of this Lease, shall not be deemed a waiver of such breach. Furthermore, the specific remedies of the parties under this Lease are cumulative and do not exclude any other remedies to which they may be lawfully entitled, in the event of a breach or threatened breach of this Lease. C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. Lessor has adopted minimum operational standards ("Minimum Standards") and may adopt any rules and regulations ("Rules and Regulations"), necessary which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated by reference as if set out here in their entireties. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, Page 15 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C and alter the Minimum Standards and any Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of Lessor, Lessee, and all other tenants and customers of the Airport; provided, however, that Lessor shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against Lessee will be in the county in which the primary office of the chief executive officer of Lessee is located. F. No Third-Party Benefit; Relationship of Parties. No provision of this Lease creates a third-party claim against the City nor the Lessee beyond that which may legally exist in the absence of any such provision. Nothing contained in this Lease shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any similar such relationship between the parties to this Lease. It is understood and agreed that neither the method of computation or rent, charges, or fees, nor of any other provision contained in this Lease, nor any acts of the parties hereto, creates a relationship other than one of lessor and lessee or of landlord and tenant. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses needed for the conduct of its business and operations at the Airport pursuant to this Lease; shall pay, on or before their respective due dates, all charges, fees, and taxes including, but not limited to, payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, as well as all federal, State, and local taxes; and shall give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee shall provide proof of payment of any tax within 10 days after the City Manager's written request for the same. Lessee shall also maintain and provide to the Aviation Director, upon request, current status of all federal, State, and local licenses and permits required for its operation and business in any way related to the Premises. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation. Any obligations of the Lessee required by this Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Liens. Lessee shall not suffer nor permit any mechanics', materialmans', or other liens to be filed against the fee of the Premises or against Lessee's leasehold interest in the land, buildings, or improvements thereon by reason of any work, labor, services, or materials supplied, or claimed to have been supplied, to Lessee or to anyone holding the Page 16 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C Premises, or any part thereof, through or under this Lease. Should any such lien be recorded against the Premises, Lessee shall cause the same to be discharged and removed. K. Amendments. This Lease, together with its authorizing ordinance, constitutes the entire agreement between the parties. No amendment, modification, or alteration of the terms and conditions of this Lease shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by authorized parties as this Lease or the City's City Charter may allow. L. Severability. If any clause or provision of this Lease is held illegal, invalid, or unenforceable under present or future laws, it is the parties' intention that the remainder of this Lease not be affected, and, in lieu of each clause or provision that is illegal, invalid, or unenforceable, the parties intend that there be added, as a part of this Lease, a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision, as may be possible, yet be legal, valid, and enforceable. M. Captions. The captions of the provisions contained in this Lease document are for the convenience of reference and are not intended to define, extend, or limit the scope of any provision of this Lease. N. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. O. Accessibility. In signing this Lease, CITY certifies that at the time the Premises become occupied by LESSEE and throughout the term of this Lease and any additional tenancy, CITY will comply with The Texas Accessibility Standards regarding architectural barriers to persons with disabilities promulgated under Chapter 469, Texas Government Code as prepared and administered by the Texas Department of Licensing and Regulation ("TDLR"); the ADA Accessibility Guidelines promulgated under The Americans with Disabilities Act of 1990, Public Law 101-336, 42 U.S.C. § 12181 et seq. Neither LESSEE nor its occupying department have authority to waive any requirements of Chapter 469 of the Texas Government Code and any claim regarding such a waiver is expressly denied. Neither LESSEE, the occupying department, nor the TDLR have authority to waive any requirements of the federal Americans with Disabilities Act, and any claim regarding such waiver is expressly denied. (SIGNATURE PAGE FOLLOWS) Page 17 of 18 DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C EXECUTED IN DUPLICATE ORIGINALS on the dates indicated below. CITY OF CORPUS CHRISTI THE BOARD OF REGENTS FOR THE TEXAS A&M UNVERSITY SYSTEM for The benefit of TEXAS A&M UNIVERSITY CORPUS CHRISTI, TEXAS DocuSigned by: c(� At, At,dl, r ascna4nFcaaaann Heather Hurlbert, Kelly Miller, President Assistant City Manager Texas A&M University-Corpus Christi Date: 9/28/2023 Date: APPROVED AS TO FORM: ATTEST: Digitally signed by AghIP)@P\A/IPtt Ashlea Hewlett, Rebecca Huerta, Assistant General Counsel City Secretary Office of General Counsel The Texas A&M University System APPROVED AS TO FORM: Kent Mcllyar, Assistant City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibit A—Site Location Plan (Aerial) Exhibit B — Premises (Aerial) Exhibit C— Insurance Requirements Exhibit D — Disclosure of Interest Page 18 of 18 DocuSign Envelope ID:16152052-63BC-48AC-B21A-6553072C441C 44 4. a, 0 763 r mp i i®Y N EXHIBITA Prepared by: Randy Schumann CC; A TAMUCC LONESTAR UAS CENTER SITE PLAN F ��� 620 International Drive Approved by: Kevin Smith Corpus Christi s International Airport Not to Scale Sheet No.Iof1 Date: 02/24/2D22 C:1Users\RandyS2\City of Corpus Christi\Airport Staff-Shared\EngineeringlAirport Tenants Lease\East GA\CCIA Property DocuSign Envelope ID:16152052-63BC-48AC-B21A-6553072C441C Annual Market -. Category Square Feet Monthy Cost Annual Cost r.2 1 Per Square Feet s Shop Associated with Building 3,000 $ 5.80 $ 1,450.00 $ 17,400.00 ' ! Aeronautical Improved Land 19,000 $ 0.45 $ 712.50 $ 8,550.00 j 6 Vehicle Area 1,400 $ 0.50 $ 58.33 $ 700.00 y � r Totals $ 2,220.83 IM �. is 92, ------------- Y . � e I s` 6 nano"= o LEGEND r — LTT r I Shop 3,000 Sq.Ft. Unimproved land 19,000 Sq.Ft. � - Vehicle Area 1,400 Sq.Ft. I - N ' � EXHIBIT B Prepared by: Randy Schumann a TAMUCC LONESTAR UAS CENTER LEASED PREMISES w E �,,;iA Approved by: Kevin Smith Corpus Christi 620 International Drive s International Airport Not to Scale Sheet No.1 oft Date: 02/24/2D22 C:W serslRandyS2lCity of Corpus ChristMirport Staff-Share&EngineeringlAirport Tenants LeaselEast GAICCIA Property DocuSign Envelope ID:16152052-63BC-48AC-B21A-6553072C441C Ll L 01 01 1 Q 1 "0 L Shop 01 50' 3,000 Total QI'll Square Feet 7 111 X111 � r 011 01 X11 a1 711 I Q 11 X11 171 T-L- NEXHIBIT B Prepared by: Randy Schumann CC' A TAMUCC LONESTAR UAS CENTER LEASED PREMISES w E ��w 620 International Drive Approved by: Kevin Smith Corpus Christi R Date: 02/24/2022 s International Airport Not to Scale Sheet No.2of2 C1Users\RandySZCity of Corpus Christi\Airport Staff-Shared\EngineeringlAirport Tenants Lease\East GA\CCIA Property DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee(Texas A&M University-Corpus Christi Lone StarUAS Center of Excellence and Enovation)must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any sub contractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Contract Administer one (1) 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 by endorsement, 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 Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations $10,000,000 Per Occurrence El 4. Contractual Liability 5. Independent Contractors $20,000,000 Per Occurrence ❑ 6. Personal Injury-Advertising Injury Required ® NotRequired ❑ AUTO LIABILITY (including) $5,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased Required ® Not Required ❑ WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $1,000,000/$1,000,000/$1,000,000 Required ® Not Required ❑ HANGARKEEPERS LIABILITY $2,000,000 Per Occurrence Repair,taxiing or towing of aircraft, or in any $2,000,000 Per Aircraft way having care, custody or control of third- party aircraft. Required ® Not Required ❑ AIRCRAFT LIABILITY (including) $1,000,000 Per Occurrence 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $10,000,000 Per Occurrence El Bodily Injury and Property Damage Including $20,000,000 Per Occurrence ❑ Passengers, Caused by Operations of Aircraft. In Air and On Ground. Required ® Not Required ❑ Commercial Self-Fueling. DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C UAL/UNMANNED AIRCRAFT LIABILITY $1,000,000 Per Occurrence Required ® NotRequired ❑ AIRPORT LIABILITY INSURANCE $10,000,000 Per Occurrence (FBO's) Including products and completed operations, property damage,bodily injury,and owned and non-owned aircraft coverage. Required ❑ Not Required CRIME/EMPLOYEE DISHONESTY $25,000 Per Occurrence Lessee shall name the City of Corpus Christi, Texas as Loss Payee Required ❑ NotRequired POLLUTION LEGAL LIABILITY $2,000,000 Per Claim (Including Cleanup and Remediation) (Defense costs not included in face value of the Fuel Storage Tanks and Fueling or Refueling policy) Operations. If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. Required ® NotRequired ❑ PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned,leased or rented personal property. Required ® NotRequired ❑ PROPERTY INSURANCE Lessee shall maintain property coverage on an • Insurance limit shall be equal to replacement "ALL RISK OF PHYSICAL LOSS" form for cost value for each respective lease space 100% of the value of all improvements leased included in the Agreement. from the City. Coverage shall include fire, . Insurance shall be per occurrence basis. wind, hail, theft, vandalism, and malicious mischief. Coverage shall be written on a replacement cost basis. Lessee shall name the City of Corpus Christi, Required ® NotRequired ❑ Texas as Loss Payee. Subcontractors Lessee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Lessee shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. Required ® NotRequired ❑ C. In the event of accidents of any kind related to this agreement,Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C IL ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Lessee shall be required to submit a copy of the replacement certificate of insurance to City at the address provided belowwithin 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees,volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of,the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers'liability policies must provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation,non-renewal,material change ortermination of coverage,Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. DocuSign Envelope ID: 16152052-63BC-48AC-B21 A-6553072C441 C G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2022 Insurance Requirements Exhibit Aviation -Contracts for General Services Performed Onsite Texas A&M University Corpus Christi Lone Star UAS Center of Excellence and Enovation 11/18/2022 Risk Management—Legal Dept. o `4r� ATTACHMENT D: DISCLOSURE OF INTEREST FORM �' � CITY OF CORPUS CHRISTI oRPaae,tDISCLOSURE OF INTEREST 1852 Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, COMPANY NAME: Texas A&M Corpus Christi Lonestar UAS Center of Excellence P. O. BOX: STREET ADDRESS: 10201 South Padre Island Drive CITY: Corpus Christi STATE: TX ZIP: 78416- FIRM IS: 1. Corporation ❑ 2.Partnership3.Sole Owner 714. Association 5.Other Ix OLdlC U111VC1t,1Ly DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) NA NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NA NA 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 NA NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NA NA Page 1 of 2, RFQ Revised 4.19.2019 FILING REQUIREMENTS If a person who requests official action on a matter knows which the requested action will confer an economic benefit on any City official or employee which is distinguishable from the effect which the action will have on members of the public in general or a substantial segment thereof, you must disclose which fact in a signed writing to the City official, employee or body which has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure must also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify which all information provided is true and correct as of the date of this statement, which I have not knowingly withheld disclosure of any information requested; and which supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Matthew Wesson Title: Program Director Signature of Matthew Wesson Digitally 23 0 Matthew Wesson 9/7/2023 Date:20023.09..0707 09:37:42-05'00' Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action which is likely to affect an economic interest if it is likely to have an effect on which interest which is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city,whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest."Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. 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. Page 2 of 2 RFQ Revised 4.19.2019 CCI A AUM Corpus Christi International Airport TAMUCC Lonestar UAS Center Lease Agreement Council Presentation October 10, 2023 aCC!A Proposed Lease Agreement Corpus Christi International Airport Gtegory Squa¢Fee[ Rnn�al Market Monthy Cast 4nnnal Cust Ver Square Feet Shop usacaeed wth-ddin 2,090 5 589 I 5 1,.S000 5 1!,400.00 L' Aeronaut-I IMP1111d Land 19,900 5 945 5 71250 5 8,550.09 Veh dl Area 1,4� $ 9-59 $ 5833 5 ]09.00 Twtals $ 2,22O.fi3 $ 26,b50.0O i K e e ` 91r >� - .tEE '+I' i LeGeNa 3,000 Sq.Ft s^ - ui.imp—d land 94.000 Sq.Ft- 4.—A— t.4.—A— 9,400 Sq.R • Tenant will lease the building, surrounding land, and parking. • Term: 36 months and automatic annual renewals not to exceed five (5) years Proposed Lease Purpose CC!,�., Pro .� p p Corpus Christi International Airport • The property lease is for the storage, operation, and maintenance of unmanned aerial systems (UAS) operated by the Texas A&M University-Corpus Christi Lone Star Unmanned Aircraft System Center of Excellence (LSUASC). - • The leased premises will also allow for the storage - �'�l 'Y ;, LONE STAR UAS and operation of maintenance equipment ��� >127�s — y`H12ISTI CENTER OF EXCELLENCE&INNOVITION operations and communications systems, and other - support functions conducted by the Lone Stari �, _ program. • This leased premises will serve as an on-airport base of operations for the growing program and establish the first facility of its kind in the United States. Cr! i Corpus Christi International Airport • City Staff recommends approval of the three-year lease agreement, with automatic annual renewals not to exceed five (5) years. • The Airport Board recommended approval of the lease agreement at their regular scheduled meeting. 4 SC �o a� �h AGENDA MEMORANDUM NCORPOR 1'0 First Reading for the City Council Meeting of October 10, 2023 zss2 Second Reading for the City Council Meeting of October 17, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Fauzia Khan, Director of Public Health FauziaK(a)cctexas.com 361-826-7202 Second Amendment of the Tuberculosis Prevention and Control Federal Grant to adjust funding periods and revise the budgets accordingly to align with the Tuberculosis Prevention and Control State Grant timeframe CAPTION: Ordinance appropriating $48,348 and cash match of $9,670 for an increase of $58,018 in the Tuberculosis Prevention and Control Grant from the Department of State Health Services (DSHS) to provide tuberculosis prevention and control services for the period January 1, 2022, through August 31, 2024, and authorizing one grant position. This second amendment to the Tuberculosis Prevention and Control Federal Grant amendment will increase funding to a total not-to-exceed $154,710. PURPOSE: The Tuberculosis Prevention and Control Grant provides funding for one full time equivalent Public Health Tech I position to offer services and associated activities to prevent and control tuberculosis disease within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). The Department of State Health Services wants to exercise its option to renew the current contract through August 31, 2024; adjust available funding during this period and review the budgets accordingly. This second amendment to the Tuberculosis Prevention and Control Federal Grant amendment will increase funding to a total not-to-exceed $154,710 from January 1, 2022, through August 31, 2024. BACKGROUND AND FINDINGS: The Tuberculosis (TB) Prevention and Control Federal Grant has been annually awarded to the Corpus Christi-Nueces County Public Health District for over a decade. The grant covers 100% of the funding for one full time equivalent Public Health Tech I position. The position serves to offer services and associated activities to prevent and control tuberculosis disease. This grant is supplemented by a Tuberculosis Prevention and Control State grant. Historically, the TB Federal grant was awarded annually to the City of Corpus Christi for the period of January 1St through December 31 st of each calendar year; meanwhile, the State TB grant was awarded to the City of Corpus Christi from September 1St through August 31s' which caused confusion as these two grants supplement each other. To alleviate the date difference, the State wants to exercise its option to renew the TB Federal contract through August 31, 2024; adjusting available funding during this period; and revising the budgets accordingly. As such, the Department of State Health Services is renewing the TB federal grant for the period beginning January 1, 2024 through August 31, 2024 (the "second renewal option" or "FY2024"). The overall contract will be amended as follows: a) Reducing available funding for the period of January 1, 2023, through August 31St 2023, from $58,018 to $38,678. This includes DSHS share of $32,232 and the CCNCPHD required match amount of$6,446. a. The result will be the FY23 grant period will be reduced by 4 months. b) Adding $58,018 to pay for the CCNCPHD's services for the period September 1, 2023, through August 31, 2024. This includes DSHS' share of $48,348 and CCNCPHD require match amount of$9,670. a. The result will be the amending FY24 grant set to begin September 1, 2023 and ending in August 2024. c) The total not-to-exceed amount for this contract will increase to $154,710. a. The total increase reflects the original FY22 contract, FY23 first amendment (revised), and FY24 second amendment. The required match contribution by CCNCPHD is covered by allocating the TB Program Manager's salary which is covered through the City General Fund account. ALTERNATIVES: Although it is not recommended, the City of Corpus Christi can refuse the amendment to the grant which will result in significantly reducing federally supported TB control and prevention services for CCNCPHD's jurisdiction. FISCAL IMPACT: Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($9,670) of the grant amount of $48,348, for a total of $58,018. DSHS mandates a 20% cash match to ensure the designated jurisdiction is fully invested in the grant activities designed to prevent and control tuberculosis. The match is already included and is part of the Council approved FY24 CCNCPHD general fund budget. FUNDING DETAIL: Fund: 1066— Health Grants paid by Department of State Health Services Organization/Activity: 830524F Department: 15— Health Project # (CIP Only): Account: Fund: 1020— General Fund Organization/Activity: 12616 —TB Clinic Health Department Department: 44 - Health Project # (CIP Only): Account: 510100 - Wages RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001096400011 AMENDMENT NO. 2 Ordinance Ordinance appropriating $48,348 and cash match of $9,670 for an increase of $58,018 in the Tuberculosis Prevention and Control Grant from the Department of State Health Services (DSHS) to provide tuberculosis prevention and control services for the period January 1, 2022, through August 31, 2024, and authorizing one grant position. This second amendment to the Tuberculosis Prevention and Control Federal Grant amendment will increase funding to a total not-to- exceed $154,710. WHEREAS, the City Manager or designee (Director of the CCNCPHD) is authorized to execute amendments to the grant contract which extend the contract period or increase or decrease the grant amount; and WHEREAS, the Texas Department of State Health Services has awarded an additional $48,348.00 with a cash match of $9,670.00 for Contract No. HHS001096400011 to provide tuberculosis prevention and control services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Funds in the amount of $48,348.00 and Cash Match of $9,670.00 is appropriated in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services for the period September 1, 2023 through August 31 , 2024. SECTION 2. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No.HHS001096400011 AMENDMENT No.2 The DEPARTMENT OF STATE HEALTH SERVICES (System Agency or DSHS) and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Local Government or Grantee), Parties to that certain Tuberculosis Prevention and Control Grant Contract, effective January 1, 2022, and denominated DSHS Contract No. HHS001096400011 (the "Contract"), as amended, now want to further amend the Contract. WHEREAS, DSHS wants to exercise its option to renew the Contract through August 31, 2024; adjust available funding during this period; and revise the budgets accordingly; WHEREAS, the Parties want to revise the Statement of Work to update reporting periods; and WHEREAS,the Parties want to update its Contract Representative information. Now,THEREFORE, the Parties agree as follows: 1. The Contract is renewed for the period beginning January 1, 2024, through August 31, 2024 (the "Second Renewal Option" or"FY2024"), unless terminated sooner. 2. ARTICLE V, CONTRACT AMOUNT AND PAYMENT FOR SERVICES, of the Contract is amended as follows: a. reduce available funding for the period of January 1,2023,through August 31,2023, from $58,018.00 to $38,678.00. This includes DSHS' share of $32,232.00 and Grantee's required match amount of$6,446.00; and b. add $58,018.00 to pay for Grantee's services for the period September 1, 2023, through August 31, 2024. This includes DSHS' share of$48,348.00 and Grantee's required match amount of$9,670.00. The total not-to-exceed amount of this Contract is increased to $154,710.00. All expenditures shall be in accordance with ATTACHMENT B-2,REVISED BUDGETS. 3. ATTACHMENT B, BUDGET and ATTACHMENT B-1, CY2023 BUDGET are supplemented with the addition of ATTACHMENT B-2, REVISED BUDGETS which is attached to this Amendment and incorporated and made part of the Contract for all purposes. DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 4. ATTACHMENT A-1,CY2023 STATEMENT OF WORK,is deleted in its entirety and replaced with ATTACHMENT A-2, STATEMENT OF WORK FOR CY2023 AND FY2024, which is attached to this Amendment and incorporated and made part of the Contract for all purposes. ATTACHMENT A-2,STATEMENT OF WORK FOR CY2023 AND FY2024 defines the programmatic activities through August 31, 2024. 5. ARTICLE I, PARTIES, of the Contract Signature Document, is amended to update the System Agency's contact information as follows: System Agency Department of State Health Services Attention: Sharon Smith 1100 W. 49th Street, MC 1990 Austin, Texas 78756 sharon.smithI @dshs.texas.gov 6. ATTACHMENT G, FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) CERTIFICATION FORM is attached to this Amendment and incorporated and made a part of the Contract for all purposes. Grantee is required to complete the Certification Form to meet the federal requirement. 7. This Amendment shall be effective as of the date last signed below. 8. Except as modified by this Amendment, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 9. Any further revisions to the Contract shall be by written agreement of the Parties. 10. Each Party represents and warrants that the person executing this Amendment No. 2 on its behalf has full power and authority to enter into this Amendment. SIGNATURE PAGE FOLLOWS DSHS Contract No.HHS001096400011 DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 SIGNATURE PAGE FOR AMENDMENT No.2 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No.HHS001096400011 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) By: By: Name: Title: Date of Signature: Date of Signature: THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS AMENDMENT AND THEIR TERMS ARE HEREBY INCORPORATED INTO THE CONTRACT: ATTACHMENT A-2—STATEMENT OF WORK FOR CY2023 AND FY2024 ATTACHMENT B-2—REVISED BUDGETS ATTACHMENT G—FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)CERTIFICATION FORM DSHS Contract No.HHS001096400011 DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 ATTACtEMENT A-2 STATEMENT OF WORK FOR CY2023 AND FY2024 JANUARY 1,2023—AUGUST 31,2024 I. GRANTEE RESPONSIBILITIES Grantee shall: Comply with the most current version of the Texas Tuberculosis(TB)Work Plan,the Standing Delegation Orders, TB Standards, TB Recommendations and TB Administration Resources located at: http://www.dshs.texas.gov/idcu/disease/tb/policies/. A. Use federal funds under this Contract to support any of the following core TB control front- line activities: 1. Directly observed therapy(DOT); 2. Outpatient services (tuberculin skin testing, chest radiography,medical evaluation, treatment); 3. Class B immigrant evaluation and treatment; 4. Contact Investigation, evaluation and treatment; 5. Cohort Review; 6. Surveillance; 7. Reporting; 8. Data analyses; 9. Cluster investigations; and 10. Provider education and training. B. Provide a match of no less than 20% of the total budget as reflected in this Contract. C. Provide match at the required percentage or System Agency may withhold payments, use administrative offsets, or request a refund from Grantee until such time as the required match ratio is met.No federal or other grant funds can be used as part of meeting the match requirement. D. Ensure no System Agency funds or matching funds are used for: 1. Medication purchases; 2. Inpatient clinical care (hospitalization services); 3. Entertainment; 4. Furniture; 5. Equipment; or 6. Sectarian worship, instruction, or proselytization. However,food and incentives are allowed using System Agency funds,but are not allowed using matching funds. E. Not lapse more than 1% of the total funded amount of this Contract. DSHS Contract No.HHS001096400011 DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 F. Maintain and adjust spending plan throughout the Contract term to avoid lapsing funds. During the term of this Contract, System Agency reserves the right to decrease funding amounts as a result of the Grantee's budgetary shortfalls and/or due to the Grantee lapsing more than I% of total funds. G. Maintain sufficient staffing levels to meet the required activities of this Contract and to ensure all funds in personnel category are expended. H. Use System Agency-designated data systems available for local entry. Information for the current System Agency reporting and data management system is located at the following link: DSHS TB/HIV/STD Section- THISIS (texas.gov). All collected TB information shall be entered into the System Agency-designated TB information data system according to documented timelines and specifications in the Texas Tuberculosis Work Plan. Only data entered into the System Agency-designated data system will be considered submitted as required under the terms of this Contract. I. Telemedicine medical services may be provided for medical case management of patients evaluated by the TB program, as is determined appropriate by the treating physician. If telemedicine medical services are utilized, Grantee shall ensure the TB Standards of Care are maintained. Grantee must develop written procedures for provision of telemedicine medical services that comply with all applicable laws, including Texas Occupations Code, Title 3, Chapter 111, Grantee's licensing board rules, and those requirements set forth in SECTION 4. TELEMEDICINE/TELEHEALTH SERVICES of ATTACHMENT I, HHS ADDITIONAL PROVISIONS-GRANT FUNDING of this Contract. J. Maintain an inventory of Equipment, supplies defined as Controlled Assets, and real property. Submit an annual cumulative report of the equipment and other property on DSHS Contractor's Property Inventory Report (GC-11) located at https://www.dshs.texas.gov/hiv-std-program/dshs-tb-hiv-std-section-thisis/contract- management-section-prevention by email to FSOequip@dshs.texas.gov and CMSlnvoicesA,dshs.texas.gov not later than October 15 of each year. Controlled Assets include firearms,regardless of acquisition cost,and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets, and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered Supplies. K. Grantee shall provide notification of budget transfers by submission of a new or revised Categorical Budget Form to the designated DSHS Contract Manager, highlighting the areas affected by the budget transfer. Grantee is advised as follows: 1. Transferring funds between budget categories, other than the equipment and indirect cost categories,is allowable,but cannot exceed 25%of the total Contract value during a Contract budget period. If the budget transfer(s) exceeds 25% of the total Contract value, alone or cumulatively, a formal Contract amendment is required; and DSHS Contract No.HHS001096400011 DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 2. After review, the designated DSHS Contract Manager shall provide notification of acceptance to Grantee via email, upon receipt of which, the revised budget shall be incorporated into the Contract, as applicable. 3. Grantee's budget revision is not authorized, and funds cannot be utilized, until the Contract amendment is executed. IL PERFORMANCE MEASURES System Agency will monitor the Grantee's performance of the requirements in ATTACHMENT A-2, STATEMENT OF WORK FOR CY2023 AND FY2024 and compliance with the Contract's terms and conditions. If Grantee fails to meet any of the performance measures or reporting requirements, System Agency may request a Corrective Action Plan (CAP) from Grantee regarding issues or deficiencies identified. Such CAPs must outline any barriers and a plan to address them and are due to System Agency within two(2)weeks of the date they were requested. Grantee must take actions directed by System Agency following System Agency's review of the plan submitted and must do so within the timeframes directed by System Agency. This requirement does not excuse any violation of this Contract, nor does it limit System Agency as to other available options or remedies under the Contract. III. INVOICE AND PAYMENT Grantee shall bill, and System Agency shall pay Grantee based upon Grantee's submission of a monthly detailed and accurate invoice describing the services performed in completion of the responsibilities outlined in ATTACHMENT A-2, STATEMENT OF WORK FOR CY2023 AND FY2024. Invoices and supporting documentation shall be submitted to System Agency no later than thirty (30) days after the last day of each month. A. Grantee shall request payments monthly using the State of Texas Purchase Voucher(Form B-13) at http://www.dshs.texas.gov//grants/forms/bl3form.doc. Voucher and any supporting documentation must be mailed or submitted by fax or electronic mail to the address or fax number below. Invoices and all supporting documentation must be emailed to invoices(ibdshs.texas.gov and crosinvoices(ibdshs.texas.gov simultaneously. Invoices must be submitted monthly to prevent delays in subsequent months. Grantees that do not incur expenses within a month are required to submit a"zero dollar"invoice on a monthly basis. Grantee must submit a final close-out invoice and final financial status report no later than 45 days following the end of the Contract term. Invoices received more than 45 days after the end of the Contract term are subject to denial of payment. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street DSHS Contract No.HHS001096400011 DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 P.O. Box 149347 Austin, TX 78714-9347 FAX: (512)458-7442 Email: Invoices@dshs.texas.gov, CMSinvoices@dshs.texas.gov and TBContractReporting(,dshs.texas.gov Failure to submit required information may result in delay of payment or return of invoice. Billing invoices must be legible. Illegible or incomplete invoices which cannot be verified will be disallowed for payment. B. Grantee shall submit the Financial Status Report (FSR-269A) biannually as outlined below. Grantee shall email the Financial Status Report (FSR-269A) and the Match Reimbursement/Certification Form(B-13A)to the following email addresses: FSR ranntsA,dshs.texas.gov and TBContractRgporting(ibdshs.texas.gov The Financial Status Report (FSR-269A) can be located at: hllps://www.dshs.texas.gov/hivstd/contractor/cmsforms.shttn Grantee shall request the Match Reimbursement/Certification Form (B-13A) from System Agency via email. C. Grantee will be paid on a cost reimbursement basis and in accordance with ATTACHMENT B-2,REVISED BUDGETS of this Contract. IV. REPORTING REQUIREMENTS JANUARY 1,2023—AUGUST 31,2023 Report Name Frequency Period Begin Period End Due Date Financial Status Biannually January 1, 2023 August 31, 2023 October 15, 2023 Report FSR Final Match Reimbursement/ wally June 1, 2023 August 31, 2023 October 15, 2023 Certification Form Form B-13A Contractor's Property Inventory Report Annually January 1, 2023 August 31, 2023 October 15, 2023 GC-11 DSHS Contract No.HHS001096400011 DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 SEPTEMBER 1,2023—AuGUST 31,2024 Report Name Frequency Period Begin Period End Due Date Financial Status Biannually September 1, 2023 February 29, 2024 March 31, 2024 Report FSR Annual Progress wally September 1, 2023 August 31, 2024 April 1, 2024 Report APR FSR Biannually March 1, 2024 August 31, 2024 October 15, 2024 Final Match Reimbursement/ wally June 1, 2024 August 31, 2024 October 15, 2024 Certification Form Form B-13A Contractor's Property Inventory Annually September 1, 2023 August 31, 2024 October 15, 2024 Report GC-11 DSHS Contract No.HHS001096400011 DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 ATTACHMENT B-2 REVISED BUDGETS Budget CY2023 January 1, 2023-August 31, 2023 Budget Category DSHS Funds Cash Match Category Total Personnel $22,381.00 $6,446.00 $28,827.00 Fringe Benefits $9,851.00 $0.00 $9,851.00 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 Total Direct Costs $32,232.00 $6,446.00 $38,678.00 Indirect Costs $0.00 $0.00 $0.00 Totals $32,232.00 $6,446.00 $38,678.00 Budget FY2024 September 1, 2023-August 31, 2024 Budget Category DSHS Funds Cash Match Category Total Personnel $33,692.00 $9,670.00 $43,362.00 Fringe Benefits $14,656.00 $0.00 $14,656.00 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 Total Direct Costs $48,348.00 $9,670.00 $58,018.00 Indirect Costs $0.00 $0.00 $0.00 Totals $48,348.00 $9,670.00 $58,018.00 (Remainder of Page Intentionally Left Blank) DSHS Contract No.HHS001096400011 DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 TEXAS Health and Human Texas Department of State Services Health Services Fiscal Federal Funding Accountability and Transparency Act (FFATA) The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact: (Name, Email and Phone Number): Primary Address of Contractor: Zip Code: 9-digits required Unique Entity ID (UEI): This number replaces the DUNS State of Texas Comptroller Vendor Identification Number www.sam.00v (VIN) - 14 digits: Printed Name of Authorized Representative: Signature of Authorized Representative Title of Authorized Representative Date Signed 1 Department of State Health Services Form 4734-April 2022 Contract Management Section DocuSign Envelope ID: 1B94F929-BCD5-4656-B681-728309E38C49 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete, and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes❑ No ❑ B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes ❑ No ❑ If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No"to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: 2 Department of State Health Services Form 4734-April 2022 Contract Management Section DocuSign Certificate Of Completion Envelope Id: 1B94F929BCD5465BB681728309E38C49 Status:Sent Subject:Complete with DocuSign:HHS001096400011;Corpus Christi-Nueces PHD;TB PC FED;A2;Signature Packet.pdf Source Envelope: Document Pages:11 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 CMS Internal Routing Mailbox AutoNav:Enabled 11493 Sunset Hills Road Envelopeld Stamping:Enabled #100 Time Zone:(UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 160.42.177.130 Record Tracking Status:Original Holder:CMS Internal Routing Mailbox Location:DocuSign 8/25/2023 4:42:29 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Judy Sandroussi Sent:8/25/2023 4:59:09 PM judys@cctexas.com Viewed:8/28/2023 9:32:01 AM Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Dr.Fauzia Khan fauziak@cctexas.com Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Susana Garcia Susana.Garcia@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Patty Melchior Patty.Melchior@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Imelda Garcia ImeldaM.Garcia@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sharon Story SmithCOPIED Sent:8/25/2023 4:59:08 PM sharon.smith1 @dshs.texas.gov Viewed:8/28/2023 8:43:53 AM Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Dante Gonzalezi Sent:8/28/2023 9:18:37 AM danteg@cctexas.com P IED Assistant Director of Public Health Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox CMS.InternalRouting@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/25/2023 4:59:08 PM Envelope Updated Security Checked 8/28/2023 9:17:02 AM Envelope Updated Security Checked 8/28/2023 9:18:37 AM Payment Events Status Timestamps Two Reading Ordinance Ordinance appropriating $48,348.00 and cash match of $9,670.00 in the Health Grant Fund for an increase in the Tuberculosis Prevention and Control Grant from the Department of State Health Services (DSHS) to provide tuberculosis prevention and control services for the period September 1 , 2023, through August 31 , 2024. City Council October 10, 2023 Background and Staff Recommendation • Tuberculosis Prevention and Control-Federal (TB/PC-FED) Grant o To be used to provide for personnel costs to offer services to prevent and control tuberculosis within the jurisdiction of the Corpus Christi- Nueces County Public Health District. o September 1 , 2023, through August 31 , 2024. • Total item balance for CY24 is $58,018 o Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($9,670) of the grant amount of $48,348. • Staff Recommendation: Approval of the two reading ordinance. City Council October 10, 2023 �vs c� G� 0 AGENDA MEMORANDUM NoaPORA,E4 Public Hearing and First Reading for the City Council Meeting of October 10, 2023 z$s2 Second Reading for the City Council Meeting of October 17, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 11102 Up River Road CAPTION: Zoning Case No. 0723-05, Circle K Store (District 1). Ordinance rezoning property at or near 11102 Up River Road from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). PURPOSE: The purpose of this item is to allow for the expansion of an existing convenience store and diesel fuel sales. BACKGROUND AND FINDINGS: The subject property is 0.62 acres in size and is in the process of replatting. To the north, properties are vacant, zoned "RS-6" Single-Family 6 District. To the south, uses are vacant, zoned "CG-2" General Commercial District. To the east, uses are low- density residential and commercial, zoned "RS-6" Single-Family 6 District. And to the west, uses are vacant and commercial, zoned "CG-2" General Commercial District. The "CG-2" General Commercial District permits uses such as restaurants, apartments, townhouses, overnight accommodation, educational facilities, medical facilities, commercial parking, offices, retail sales and services, and vehicle sales and services. The proposed rezoning is inconsistent with the Future Land Use Map which designates the property for Flood Plain Conservation but is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan such as encouraging the proper placement of land uses based on compatibility and locational needs. The subject property has immediate access to Interstate Highway 37 and addresses the locational need for large truck fueling. Public Input Process Number of Notices Mailed: 11 within the 200-foot notification area, 2 outside the notification area. As of September 18, 2023.- In 023:In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.0% of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on August 23, 2023. Vote Results For: 7 Against: 0 Absent: 1 Vacancy: 1 ALTERNATIVES: Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0723-05, Circle K Stores, Inc. (District 1). Ordinance rezoning property at or near 11102 Up River Road from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being 0.62 acres out of Lot 2, Block 2, Noakes Partition, as described/shown in Exhibit "A": the "RS-6" Residential Single-Family 6 District to the "CG-2" General Commercial District. The subject property is located at or near 11102 Up River Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map, is attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. 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 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. 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. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 4 Exhibit A LEGAL DESCRIPTION BEING a 0.624 acre tract of land out of the Fred Steubing Survey,Abstract No.808,situated in the City of Corpus Christi,Nueces County,Texas,being a portion of Lot 2,Block 2 of Noakes Partition,a subdivision of record in Volume 36,Page 16 of the Plat Records of Nueces County,Texas,and being more particularly described by metes and bounds as follows. COMMECING at a 112 inch iron rod found in the North right-of-way line of Up River Road(variable width right-of-way), being the Southwest comer of said Lot 2,Block 2,and being the Southeast comer of Lot 2,Block 3 of Noakes Partition, a subdivision of record in Volume 62,Page 50 of said Plat Records,from which an aluminum TxDOT monument found at the Southwest comer of Lot 3 of said Block 3 bears N61*16'49"W,a distance of 274.62 feet, THENCE,N27'36'02"E,leaving the North right-of-way line of Up River Road,along the West line of said Lot 2,Block 2, being the common East line of said Lot 2,Block 3,a distance of 315.01 feet to the POINT OF BEGINNING,being the Northeast comer of said Lot 2,Block 3,and being an exterior ell comer in the East line of a called 22.125 acre tract of land conveyed to Rick's Homes,LLC by deed of record in Document Number 2019011202 of the Official Records of Nueces County,Texas, THENCE,N27"36'02"E,continuing along the West line of said Lot 2,Block 2,being the common East line of said 22.125 acre tract,a distance of 15429 feet to a 112 inch iron rod with green plastic cap stamped"EAGLE SURVEYING"set; THENCE,S58'54'20"E,leaving the East line of said 22.125 acre tract,over and across said Lot 2,Block 2,a distance of 185.24 feet to a 112 inch iron rod with green plastic cap stamped"EAGLE SURVEYING"set in the East line of said Lot 2,Block 2,being the common West line of a called 3 139 acre tract of land conveyed to Neal Ward by deed of record in Document Number 2021029432 of said Official Records,from which a 2 inch iron pipe found at an angle point in the East line of said Lot 2,Block 2 bears N31"05'26"E,a distance of 2,91924 feet THENCE,S31°05'26"W,along the East line of said Lot 2,Block 2 and the common West line of said 3.139 acre tract,a distance of 146.71 feet to a point,from which an aluminum TxDOT monument found in the North right-of-way line of Up River Road,being the Southeast comer of Lot 1-114 of said Block 2,and being the Southwest comer of a called Tract 2- 1.01 acre tract of land conveyed to Circle K Stores Inc.by deed of record in Document Number 2015047900 of said Official Records,bears S31°05'26"W,a distance of 315.73 feet, THENCE,N61°16'49"W,leaving the West line of said 3.139 acre tract,over and across said Lot 2,Block 2,a distance of 175.99 feet to the POINT OF BEGINNING,and containing an area of 0.624 acres(27,163 square feet)of land,more or less. This document was prepared under 22 Texas Administrative Code§138 95,does not reflect the results of an on the ground survey,and is not to be used to convey or establish interests in real properly except those rights and interests implied or established by the creafion or reconfiguration of the boundary of the political subdivision for which it was prepared. Bearings are based on GPS observations utilizing the AIITerra RTK Network,North American Datum of 1983 (Adjustment Realization 2011). hereby certify that this survey,plan or report was prepared by PAGE 1 OF 2 me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas EAGLE SURVEYING, LLC 222 S. ELM STREET ZE pF TF+ SUITE:200Q. �s�eq•. EAGLE DENTON,TX 76201 �: (940)222-3009 MATTHEWJASQN ................. Et4ABE SURVEYING TX FIRM#10194177 ( 4dmeq'=Ro 6402 NP:. JOB NUMBER DRAWN BY DATE Ma hew Raabe SU��E Date 2303.057-02 HSB 05/09/2023 R-i 4 6402 Page 3 of 4 2"IPF FRRp STti�61N� SUR T 808 CALLED 22 125 ACRES LOT 2 r-, ,c RICS HOMES,LLC BLOCK 2 ry ABSTRR K'DOC.NO,2019011202 NOAKES PARTITION O.R.N.C.T. VOL.36,PG.16 ' P.R.N.C.T. w 00 CIRS c1 = V s8o r �• LOT 3 BLOCK 3 NOAKES PARTITION k 0.624 ACRES VOL.62,PG.50 = 27,163 SQ.FT. P.R.N.C.T. LOT 2 CIRS BLOCK 2 / NOAKES PARTITION VOL 36,PG.16 �R) y POB N P.R.N.C.T.67. LOT 2 r)�65tg,r,,- CALLED 3.139 ACRES BLOCK 3 '99, •y NEAL WARD NOAKES PARTITION DOC.NO.2021629432 VOL.62,PG.50 LOT 2 CIRS BLOCK 2 O.R.N C T. P.R.N.GT. NOAKES PARTITION VOL.36,PG.16 P.R.N.C.T. F soRvY Ayh ABSTRACT K0- 5ro ALUMINUM r�49p TXDOT LY LOT 1-R y MONUMENT2TR�? BLOCK2 FOUND NOAKES PARTITION VOL.36,PG.16 TRACT 1 112"IRF P.R.N.C.T. �Jp �+ CALLED 7,701 POI y TRACT 2 SQUARE FEET CALLED 101 ACRES CIRCLE KSTORIES INC. RO� CIRCLE NO- DOC.NO-2015047900 DOC.O R.N.C.T.479DD O,cO O ALUMINUM O.R.N.CTIV . qy TXDOT MONUMENT FOUND NOTE:Beanngs are based on GPS observations utilizing the AIITerra RTK Network;North American Datum Of 1983(Adjustment Realization 2011). LEGEND PAGE 2 OF 2 p BOUNDARY MONUMENTATION 1V IRF IRON ROD FOUND EAGLE SURVEYING,LLC IPF IRON PIPE FOUND 222 S. ELM STREET CIRS 112'"EA CAPPED IRON ROD SET '"EAGLE SURVEYING' SUITE:200 PDB POINT DFBEGINNING DENTaN,TX 76201 PDC POINT OF COMMENCEMENT VOL- ME (90)222-3009 GPAGE I / DOC.NO. DOCUMENT NUMBER SURVEYING EYING TX FIRM#10194177 OR.N.C.T. OFFICIAL RECORDS, 1 _ 100' NUECES COUNTY,TEXAS PLAT RECORDS, JOB NUMBER DRAWN BY DATE P.R.N.C.T. N ECES COUNTY,TEXAS 2303.057-02 HSB 05/09/2023 0 50 100 s SURVEY ABSTRACT LINE Page 4 of 4 ZONING REPORT Case # 0723-05 Applicant & Subject Property City Council District- 1 Owner/Applicant: Circle K Stores INC Address: 11102 Up River Road, located along the north side of Interstate Highway 37 Access Road, north of Up River Road, and west of Guth Road. Legal Description: Being described as 0.62 acres out of Lot 2, Block 2, Noakes Partition (See Metes and Bounds) Acreage of Subject Property- 0.62 acres. Pre-Submission Meeting: June 2023. Zoning Request From- "RS-6" Single-Family 6 District To- "CG-2" General Commercial District Purpose of Request- To allow for the expansion of an existing convenience store and diesel fuel sales. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant Flood Plain Conservation North "RS-6" Single-Family 6 Vacant Flood Plain Conservation Flood Plain Conservation, South "CG-2" General Commercial Vacant Low-Density Residential, Commercial Low-Density Residential, Low, Medium & High- East "RS-6" Single-Family 6 Commercial Density Residential, Commercial West "CG-2" General Commercial Vacant, Commercial Flood Plain Conservation, Commercial Plat Status: An Application for Land Subdivision has been submitted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not located in the MCAOD. Code Violations: None. Transportation and Circulation ------------------------------------------------------------------------------------------------------------------------------------------ Designation-Urban Section Proposed Section Existing IH 37 Access Street F1 NA 2 Lanes, Freeway/Expressway 40 Feet Zoning Report Page 2 Up River Road C1 Collector 2 Lanes, 2 Lanes, 60 Feet 60 Feet Note: Signalized intersection exists at Violet Road and Up River Road Intersection, dead ending at the subject property. Property egress is less than 500 feet to freeway ingress. Transit: The Corpus Christi RTA provides service to the subject property (.5 miles) via Bus Route 27. Utilities Gas: A 6' WS line along the Up River Road. Stormwater: A Storm Ditch along Up River Road. Wastewater: No current service. Water: A 20" CIP line along Up River Road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Northwest Area Development Plan (Adopted on January 9, 2001). Water Master Plan: Proposed increase to a 24-inch service line. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 11 within the 200-foot notification area • 2 outside the 200-foot notification area In Opposition . 0 inside the notification area • 0 outside the notification area • 0% in opposition within the 200-foot notification area (0 individual property owners) Public Hearing Schedule Planning Commission Hearing Date: July 26, 2023 (Tabled) Planning Commission Hearing Date: August 23, 2026 City Council 1St Reading/Public Hearing Date: October 10, 2023 City Council 2nd Reading Date: October 17, 2023 Zoning Report Page 3 Comprehensive Plan (Plan CC) Consistency: Future Land Use, Zoning, & Urban Design o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage the protection and enhancement of residential neighborhoods. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ 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. o Corpus Christi has well-designed neighborhoods and built environments. ■ Screening fences, open spaces, or landscaping can provide an essential buffer between shopping and residential areas. Northwest Area Development Plan (ADP) Consistency: o The expansion of business uses should be planned and zoned so that the traffic- carrying capacity of the street is protected. ■ The plan recognizes the many existing commercial uses located along arterial streets and calls for their continuance. However, every available means should be used to manage traffic flow/access (e.g., access management devices, marginal access controls, driveway use restrictions, etc.) from adjacent new uses and protect the City's investment in an efficient transportation system. ■ This nodal approach to high-density development will help to preserve traffic flow on arterial streets and concentrate traffic generation at signalized intersections where it can be efficiently managed. The depth of such commercial developments should not exceed a depth of 300 to 500 feet. Future Land Use Map (FLUM) Consistency: The proposed rezoning is inconsistent. • Designated Future Land Use: Flood Plain Conservation. • Note: Although the FLUM designation is Flood Plain Conservation, the property is not located in a Special Flood Hazard Area. Staff Analysis: • The applicant has requested to rezone the southern 0.62-acre portion of the property out of an approximately 23-acre tract of land; expanding the existing "CG-2" zoned area 150 feet farther northwest of the existing convenience store to allow for the addition of a 3-lane canopy diesel accompanied by 9 automobile parking spaces. • The rezoning request is consistent with many goals and strategies for decision-makers. Plan CC encourages the proper placement of land uses based on compatibility and locational needs, and characteristics of each use. The subject property is located at the intersection of Interstate Highway 37 Access Road (Up River Road) and Violet Road (a primary collector). • The neighboring area is characterized by residential subdivisions that line Interstate Highway 37, which is a designated scenic corridor, and the general commercial uses at intersections, supported by neighborhood commercial uses, and vacant land beyond Zoning Report Page 4 designated for floodplain conservation. Commercial uses include retail, a restaurant, and two construction companies. • The rezoning request will not have an adverse impact on the surrounding neighborhood. Fuel sales is a permitted use in the most restrictive commercial district, and when abutting a residential district is subject to strict development standards such as landscaping buffer yards, setbacks, and visual screening. • The development addresses a locational need for large truck fueling. • Immediate access from Interstate Highway 37 (less than 500 feet) makes the site appropriate, limiting traffic intrusion into the neighborhoods. The approval would be accommodating an existing use and is within an existing "CG-2" District node. • IH 37 is part of the Texas Highway Freight Network and one in sixteen jobs in Texas is directly supported by freight transportation. • No new driveways will be created and therefore the project does not require formal TxDOT driveway permitting. • TxDOT was contacted for input regarding this rezoning request and stated they do not see an issue. Planning Commission and Staff Recommendation (August 23,2023): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. Attachments: A. Existing Zoning and Notice Area Map B. Metes and Bounds with Exhibit C. Site Plan D. TxDOT Correspondence Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA �Q 0 3 10 4 RS-6 s SUBJECT PROPEk, z a G-2 10 1 G-2 7 5 6 IIpN cG- CG-2 FR,RD U 2170 5(70 Date Created:711112023 `F 31 Department of D—dopment Services Case # 0723-45 ZONING & NOTICE AREA r i' j 14l RM-1 Multifamily 1 IL Light Industrial ~'� RM-2 Mukifamily2 IH Heavy Industrial RMS Multifamily 3 PUD Banned Unit Der-Overlay SUBJECT oN Professional CW— RS_fo single- :y — " ROPERTY RAA MuNifamily AT RSA Single-Famiy6 \P �-� CR-1 Neighborhood Commercial RS-4 Single-Family 4-5 --/ �• CN-2 Neighborhood Commercial RS-TF Trro-Family ti CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 RewrtCom m ercial RE Residential Estate 44 \� CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial CI Fitensive Commercial SP Special Permit CBD Downtown Commercial RV Recreational Vehicle Park . RM H Manufactured Flame i CR-3 Resort Commercial FR Fa—Rural H Historic Overlay BP Business Park u.. F ..w IS,LW-a Prapperfy ® owners eon 200•w�r 0 m f-111 City of owns .m near ns ed onowners FL CA MRP. Corpus a�taoned onneranip!able Xmopposition C-trlSti Zoning Report Page 6 ATTACHMENT B: METES AND BOUNDS LEGAL DESCRIPTION BEING a 0.624 acre tract of land out of the Fred Steubing Survey,Abstract No.808,situated in the City of Corpus Christi,Nueces County,Texas,being a portion of Lot 2,Block 2 of Noakes Partition,a subdivision of record in Volume 36, Page 16 of the Plat Records of Nueces County,Texas,and being more particularly described by metes and bounds as follows: COMMECING at a 112 inch iron rod found in the North right-of-way line of Up River Road(variable width right-of-way), being the Southwest corner of said Lot 2,Block 2,and being the Southeast corner of Lot 2,Block 3 of Noakes Partition, a subdivision of record in Volume 62,Page 50 of said Plat Records,from which an aluminum TxDOT monument found at the Southwest corner of Lot 3 of said Block 3 bears N61°16'49"W,a distance of 274.62 feet; THENCE,N27°36'02"E,leaving the North right-of-way line of Up River Road,along the West line of said Lot 2,Block 2, being the common East line of said Lot 2,Block 3,a distance of 315.01 feet to the POINT OF BEGINNING,being the Northeast corner of said Lot 2,Block 3,and being an exterior ell corner in the East line of a called 22.125 acre tract of land conveyed to Rick's Homes,LLC by deed of record in Document Number 2019011202 of the Official Records of Nueces County,Texas; THENCE,N27°36'02"E,continuing along the West line of said Lot 2,Block 2,being the common East line of said 22.125 acre tract,a distance of 154.29 feet to a 112 inch iron rod with green plastic cap stamped"EAGLE SURVEYING"set; THENCE,S58°54'20"E,leaving the East line of said 22.125 acre tract,over and across said Lot 2, Block 2,a distance of 185.24 feet to a 112 inch iron rod with green plastic cap stamped"EAGLE SURVEYING"set in the East line of said Lot 2,Block 2,being the common West line of a called 3.139 acre tract of land conveyed to Neal Ward by deed of record in Document Number 2021029432 of said Official Records,from which a 2 inch iron pipe found at an angle point in the East line of said Lot 2,Block 2 bears N31°05'26"E,a distance of 2,919.24 feet; THENCE,S31°05'26"W,along the East line of said Lot 2,Block 2 and the common West line of said 3.139 acre tract,a distance of 146.71 feet to a point,from which an aluminum TxDOT monument found in the North right-of-way line of Up River Road,being the Southeast corner of Lot 1-R of said Block 2,and being the Southwest corner of a called Tract 2- 1.01 acre tract of land conveyed to Circle K Stores Inc.by deed of record in Document Number 2015047900 of said Official Records,bears S31°05'26"W,a distance of 315.73 feet; THENCE,N61°16'49"W,leaving the West line of said 3.139 acre tract,over and across said Lot 2, Block 2,a distance of 175.99 feet to the POINT OF BEGINNING,and containing an area of 0.624 acres(27,163 square feet)of land,more or less. This document was prepared under 22 Texas Administrative Code§138.95,does not reflect the results of an on the ground survey,and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Bearings are based on GPS observations utilizing the AIITerra RTK Network: North American Datum of 1983 (Adjustment Realization 2011). I hereby certify that this survey,plan or report was prepared by PAGE 1 OF 2 me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas T EAGLE SURVEYING, LLC 222 S. ELM STREET �E OF SUITE:200 Q •[19iER ,f EAGLE DENTON,TX 76201 .. . � F°.. . (940)222-3009 MATTHEW JASON RAA BE SURVEYING TX FIRM# 10 194177 6402 0 d5 fb- 9ij.R°Fess:oa y0 z3 JOB NUMBER DRAWN BY DATE Ma hew Raabe SLjj��l� Date 2303.057-02 HSB 05!0912023 R.P.L.S.#6402 Zoning Report Page 7 � 0 CALLED 22-125 ACRES LOT 2 RIC K'S HOMES,LLC BLOCK 2 NOAKES PARTiIION .� DOC.O.R.N- 9011202 VOL 38,PG-18 O.R.N-C.T. P.R.N.C.T_ �M �e CIRS LOT 3 NOAKES PARTITION s, ' 0.624(ACRES VOL 82.PG.511 r 27.183 SO-FT. P.R.N.C.T- f LOT 2 CIRS /f BLOCK 2 fJ NOAKES PARTITION r VOL.,38,PG. 10 f/ 'PCMB rAV P.R.N.C.T. A , LOT 2 CALLED 3-139 ACRES BLOCK 3 Sr NEAL WARD NOAKES PARTITION DOC.NO,2021029432 VOL 82.PG-50 LOT CIRS P.R.N.CT- 4a BLOCK 2 O.R.N.C.T. z+,^ NOAKES PARTITION 4VOL 38.PG-16 P.R.N.0-T- / l}F+' ! ALUMINUM 7XDOT r$ LOT 1-R fa MONUMENT l BLOCK 2 FOUND NOAKES PARTITION VOL.3a.PCS. 16 1!2"IRF P.R-N.C.T. CALLED 7,701 P TRACT 2 SQUARE FEET I {fir{. CALLED 1.01 ACRES CIRCLE KSTORIES INC- CIRCLE NC- qa- CIS NO- 01R5d4S7900 DOC.O R.N.C.T.9dd O ALUMINUM O.R.N.C.T- q ME MONUNUMENT FOUND NOTE:Bearings are based on GPS Dbsenradam ut zing the AFrerra RTK Network:,North American Datum of 1-263{Adjustment Realizabw 2011}- LEGEND RAGE 2 OF 2 t, BOUNDARY MONUMBWAT10N IRF IRON ROD FOUND EAGLE SURVEYING, LLC PF IRON PIPE FOUND 222 S. ELM STREET CIRS 1.2'CAPPER IRON ROD SET 'EAGLE SURVEYING" SUITE:200 r DOB POINT OF BEGINN NG _=.v POINT OF COMMENCEMENT DENTDN,TX 76201 ���. .- VOL VOLUME E-A-G- L E (940)222-3009 PG. PAGE D4C.NO. DOCUMENT NUMBER SURVEYING TX FIRM#10194177 C:=Z.N.C.T. OFFICIAL RECORDS, 1" = 100' NUECES COUNTY,TEXAS P.R.N.C.T. PLAT RECOR). , JOB NUMBER IDRAWN BY DATE NUECES COUNTY,TEXAS 23(13.(157-02 HSB D5A1@2023 � 50 ibc) SURVEYABSTF7ACTLINE Zoning Report Page 8 ATTACHMENT C: SITE PLAN a e�jt Nb'1d 311S O 3R $ Zai 6e = 31111133HS O ^' Z[12ZX1'I1SIdH]SHddO: _ 'Ob""00Y Cfi 20111 3ma e n Z9690Z6#32101 X31063 g U 'wwQ 8 I1N S'913NI0:139FONd ; rH-0 c - J t °°�.. I � � I I I I I I I I d b �U1\\\" I ' _ a I r + ♦___- 1 q� 1 . a� . a.es i ---- CL } . O �o.. I Q ie d QIo Zoning Report Page 9 ATTACHMENT D: TxDOT CORRESPONDENCE From: Fidencio Lopez To: Bria Whitmire;david.hrinka2txdot.nnv;Fr nest I nnnnria Cc: Sara 'a RPpishP;hlirhael Guerrero;Flena Ruentello;Nina Nixon-Mendez;lnce CurernP7 Subject: RE:Rezoning Case-Requesting T%DC)T Input Date: Monday,August 14,2023 11:05:41 AM Attachments: imaae001.nna [ [JN-ARNING: External e-mail.Avoid clicking on links or attachments. We will NEVER ask for a password,username,payinent or to take action from an email.W11en in doubt,please forward to SecmityAlertacctexas.com. ] ] Good Morning, We would need to see the drainage calculation to ensure runoff into TxDOT ROW does not increase.This would not need to go through our formal driveway permitting process.If increased traffic is expected,please provide that as well. Otherthan those concerns,we do not see an issue. Thank you, Fidencio VR"Lopez, P.E. Assistant Area Engineer Txl Corpus Christi Area Office 361.808.2525(o) 361.537-9258(c) 7 Tlxas D6partment of Transportation From:Fidencio Lopez Sent:Thursday,August 10,2023 2:36 PM To:Bria Whitmire<briaw@cctexas.com>;David Brink<David.Brink @txdot.gov>;Ernest Longoria <Ernest.Longoria @txdot.gov> Cc:Saradja Registre<SaradjaR@cctexas.com>;Michael Guerrero<MichaelG12@cctexas.com>;Elena Buentello <ElenaB@cctexas.com>;Nina Nixon-Mendez<NinaM@cctexas.com> Subject:RE:Rezoning Case-Requesting TxDOT Input Good Afternoon, We're currently reviewing the provided documents. Fidencio VR"Lopez, P.E. Assistant Area Engineer Txl Corpus Christi Area Office 361.808.2525(o) 361.537-9258(c) All Texas Department of Transportation Zoning Case 0723-05 Circle K Stores INC DISTRICT 1 Rezoning for a property at h' 11102 Up River Road (111-1137 Access Road) From "RS-6" to "CG-2" t SUBJECT = C ��. PROPERTY Co I . ` N „� _ LOCATION MAP City Council October 10, 2023 1 Zoning and Land Use Proposed Use: RS-6 SP/89-18 �. - � ° To allow for the expansion of an existing ,.. ►" 020850 convenience store and diesel fueling station. CG-2 A Area Development Plan: Northwest (Adopted on January 9, 2001) SUBJECT PEr Rs-6POWFuture Land Use Map: Flood Plain Conservation Existing Zoning: do "CG-2" General Commercial District CG-2 Adiacent Land Uses: N North: Vacant, Zoned "RS-6" • South: Vacant, Zoned "CG-2" East: Low-Density Residential, Commercial, Zoned: "RS-6" RS-6 SP/22-06 • West: Vacant, Commercial, Zoned: "CG-2" 032817 10/10/2023 2 Public Notification 11 Notices mailed inside the 200' buffer 2 Notices mailed outside the 200' buffer Notification Area Q z ,o Opposed: 0 (0.00%) R5 6 Separate Opposed Owners: 0 In Favor: 0 (0.00%) ,o �.2 N Note: Notified property owner's land in square feet aR� divided by the footage of all property in the notification area equals the percentage of public opposition. 10/10/2023 3 Staff Analysis And Recommendation • PlanCC encourages the proper placement of land uses based on computability and location needs. The subject property is located at the SIGNALIZED intersection of Violet Road and Up River Road (IH 37 Access Road). • The rezoning request will not have an adverse impact on the surrounding neighborhood - buffer yards, setbacks, and visual screening will be required where adjacent to residential uses. • The immediate access from IH 37 (Less than 500 feet) makes the site appropriate, limiting traffic intrusion into the neighborhoods and would accommodate an existing use with the "CG-2" District. 10/10/2023 4 Staff Analysis And Recommendation • IH 37 is part of the Texas Highway Freight Network and one is sixteen jobs in Texas are directly supported by freight transportation. • No new driveways will be created. • No TxDOT driveway permitting will be required. • TxDOT stated they do not have any issues with the rezoning. • The development addresses a locational need for large truck fueling. The signalized intersection and immediate access to IH 37 were decision drivers for the applicant's site selection. PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. 10/10/2023 5 Site Plan PL30O PC��7 l. , i Commercial Businesses Signalized i J�Mtersection 10/10/23 6 w Subject Property Photos 1268 pk�, �� • � '� �FROFERTY;" �� rang-'r k' Commercial- w LpgiBusinesses I a_ � � a RNpN1115211104z B 192 6 uo s 10/10/2023 Subject Property Photos wi 10/10/2023 8 Vehicle Maneuver Plan - Truck 1:7 1 _ [ I �.....,..., ,.,e I •1 1 I .j j aFw �e S I I W VEHICLE LL WEH PIAN-TRUCK C102 10/10/2023 9 e N` r AtR SUBJECT PROPERTY " CG-2 T a t a�A (/ C G 2 A CG_2 F,p� Ra ,� 250 01 reated:7/11/2023 �F et Department of Devebpmen6Services Case # 0723-05 J Aerial with Subject Property SUBJECT `\ Subject \PROPERTY Property — W E Map Scale: 1:1,200 Co City of ' Corpus LOCATION MAPI-, Christi �vs c� G� 0 AGENDA MEMORANDUM NoaPoaA,E4 Public Hearing and First Reading for the City Council Meeting of October 10, 2023 z$s2 Second Reading for the City Council Meeting of October 17, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 4757 Sharpsburg Road CAPTION: Zoning Case No. 0823-01 , Sharky Transportation (District 1). Ordinance rezoning a property at or near 4757 Sharpsburg Road from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). PURPOSE: This item is to allow for the construction of a 105-foot (excluding the lightning rod) monopole wireless telecommunication tower with an ancillary equipment structure to provide data capacity support to the two nearby existing Verizon Wireless cell sites; increasing coverage to the area. BACKGROUND AND FINDINGS: The subject property is a 0.37-acre parcel near Sharpsburg Road and Figueroa Street to be leased; and upon which, a monopole telecommunication tower will be placed along with an ancillary structure for support equipment. The parcel is out of a 2.1-acre tract that serves as a trucking terminal; and, is within a large "IL" Light Industrial district. The applicant has requested a special permit for the construction of a monopole telecommunication tower that exceeds, by 20 feet, the maximum height permitted by right by the Unified Development Code. The proposed tower will have a total height of 105 feet (excluding the lighting rod) to provide data capacity support to the two nearby existing Verizon Wireless cell sites; increasing coverage to the area. The tower's design documents indicate two additional antennas for co-location in the future. The properties to the south and west of the subject property are zoned "IL" Light Industrial District and are vacant. The host-tract abuts a railway at its western boundary. The properties to the north of the site and Sharpsburg Road are zoned "RS-6" Single- Family 6 District and "IL" Light Industrial District and are vacant. To the east of the site and Sharpsburg Road, is a property zoned "RS-6" Single-Family 6 District with Public/Semi-Public use. The "IL" Light Industrial District is intended primarily for light manufacturing, fabricating, warehousing, and wholesale distributing, and permits certain public/civic uses and commercial uses, such as retail sales and service, restaurants, vehicle and equipment maintenance, medical facilities, social service uses, government facility uses, self-service storage uses, and major/minor utility uses. While the proposed rezoning is inconsistent with the Future Land Use Map element of the City of Corpus Christi Comprehensive Plan (Plan CC); It is consistent with many broader elements of the comprehensive plan. Public Input Process Number of Notices Mailed: 6 notices within the 200-foot notification area and 2 notices outside the notification area. As of October 6, 2023.- In 023:In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: Denial of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit. FINANCIAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit on August 23, 2023. The Special Permit will be subject to the following conditions: 1 . Use: The only use permitted under this Special Permit, other than those permitted by right in the "IL" Light Industrial District, is a wireless telecommunication facility of 105 feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2. Access: Access and placement shall be as per the site plan. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results.- For esults:For: 7 Against: 0 Absent: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0823-01, Sharky Transportation Inc (District 1). Ordinance rezoning property at or near 4757 Sharpsburg Road from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC")and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being 0.037 acre as described and shown in Exhibit 'A," out of 2.1 Acres out of Tract D, Calallen Annex West from: the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit. The subject property is located at or near 4757 Sharpsburg Road. Exhibit A, a Metes & Bounds Description with Exhibit, is attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1. Use: The only use permitted under this Special Permit, other than those permitted by right in the "IL" Light Industrial District, is a wireless telecommunication facility of 105 feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2. Access: Access and placement shall be as per the site plan. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. 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 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly superseded. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. 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. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 2 (A) METES AND BOUNDS DESCRIPTION WITH EXHIBIT Oil `WWOOHO2JV '�T7'S�JIA2IflS Q'I�Id � �� Q l cv/ w o�w N�d� w � c cn AAAH �o ao,aNV DNI—SIHI isn dO N-anao—d S-1—Sll GNV d—IHI IG isn 111—C��—IHI�O 111—d 110S IHI SI aNV--d—Sl-ffi—SIHI ego Al Lu L Lu - Lu O - - u3o aEo u oo U cZ 26 U - co o J -_- vE°zE vE-tj - - - - ---__ - - T _ rc oG QED - __- - - _ = W Tw- Oil `WWOOHO2AV �x z ®3JNV�I oz N3dE3 w _ cn cn CV/ aaaa �® �U ao/ONV DNI—SIHI isn dO N-anao—d S-1—Sll GNV d—IHI IG isn 111IDS C��—IHI�O 111—d 110S IHI SI aNV---OD Sl-ffi—S- 0 n� 'o > H tY U - co � vm o > - - _ LU co ui Lu w ec° v � i v W oorvzm > CO M. nm maa®®o mawma�;ooE c� o� i o �a� o _ W CO o '11, ry �� ��a _ Lu Lu s � iiw - - - - - s 0 ZONING REPORT Case # 0823-01 Applicant & Subject Property City Council District: 1 Owner: Sharky Transportation Inc Applicant: Cellco Partnership DBA Verizon Wireless Address: 4757 Sharpsburg Road, located along the south side of Sharpsburg Road and Figueroa Street, and west of IH-37 (Interstate Highway 37). Legal Description: 2.1 Acres out of Tract D, Calallen Annex West. Acreage of Subject Property: 0.037. See Metes and Bounds Description and Exhibit. Pre-Submission Meeting: April 4, 2023 Zoning Request From: "IL" Light Industrial District To: "IL/SP" Light Industrial District with a Special Permit. Purpose of Request: To allow for the construction of a 105-Foot monopole telecommunication tower. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Light Industrial "IL" Light Industrial, Transportation, North `°RS-6" Single-Family 6 Vacant Medium-Density Residential South "IL" Light Industrial East "IL" Light Industrial District, Light Industrial, Public or Government "RS-6" Single-Family 6 Semi-Public West "IL" Light Industrial Right-of-Way Medium-Density Residential Plat Status: A plat application has been submitted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Sharpsburg Street Road "Cl" Minor Residential 2 Lanes, 60' 2 Lanes, 60' Collector Utilities Gas: A 4-inch active WS line along the east side of Sharpsburg Road and along the northern boundary of the 2.1-acre tract. Stormwater: A 9x7 active SBC line exists across Sharpsburg Road. Wastewater: No service exists. Water: An 8-inch active PVC line exists along the east side of Sharpsburg Road and along the northern boundary of the 2.1-acre tract. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Northwest Area Development Plan (Adopted on January 9, 2001). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: A 12-inch PVC line has been proposed along the northern boundary of the 2.1-acre tract to Figueroa Street. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 6 within a 200-foot notification area • 2 outside 200-foot notification area In Opposition . 0 inside the notification area • 0 outside the notification area • 0% in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: August 23, 2023 City Council 1St Reading/Public Hearing Date: October 10, 2023 City Council 2nd Reading Date: October 17, 2023 Background: The subject property is a 0.37-acre parcel near Sharpsburg Road and Figueroa Street to be leased; and upon which, a monopole telecommunication tower will be placed along with an ancillary structure for support equipment. The parcel is out of a 2.1-acre tract that serves as a trucking terminal; and, is within a large "IL" Light Industrial district. The applicant has requested a special permit for the construction of a monopole telecommunication tower that exceeds, by 20 feet, the maximum height permitted by right by the Unified Development Code. The proposed tower will soar to a total height of 105 feet (excluding the lighting rod) to provide data capacity support to the two nearby existing Verizon Wireless cell sites as they reach their limits; increasing coverage to the area. The tower's design documents indicate two additional antennas for co-location in the future. The properties to the south and west of the subject property are zoned "IL" Light Industrial District and are vacant. The host-tract abuts a railway at its western boundary. The properties Zoning Report Page 3 to the north of the site and Sharpsburg Road are zoned "RS-6" Single-Family 6 District and "IL" Light Industrial District and are vacant. To the east of the site is the "IL" zoned host-tract with light industrial use, and east of Sharpsburg road, is a property zoned "RS-6" Single-Family 6 District with Public/Semi-Public use. The site plan provided with the applicant's request shows a 40x40 area to be leased by the Cellco Partnership with a 6-foot screening fence, the tower at the center, and a small equipment structure along the northern boundary of the pad. The subject area is sited at the 25-foot building line along Sharpsburg Road and approximately 25 feet away from the northern boundary of the 2.1-acre tract. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Infrastructure, Facilities, & Public Services: o Corpus Christi has state-of-the-art broadband and telecommunication services. • Future Land Use, Zoning, & Urban Design: o Corpus Christi development patterns that support efficient and cost-effective use of resources and high quality of life. ■ Encourage the protection and enhancement of residential neighborhoods. ■ Encourage orderly growth. ■ 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. ■ Promote monitoring current development to identify infrastructure capacity deficiencies in advance of future growth. o Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage and incentivize design standards that result in high-quality environments. Northwest ADP (Area Development Plan-an element of Plan CC) and FLUM (Future Land Use Map-an element of Plan CC) Consistency: • The proposed rezoning is consistent with the following Northwest ADP goal. o Implementation of the plan through zoning map amendments must provide for the health, safety, and welfare of the Northwest Community. • The proposed rezoning is inconsistent with the FLUM (Future Land Use Map) designation of Medium-Density Residential. Staff Analysis: • The proposed rezoning is inconsistent with the Future Land Use Map; however, is consistent with many broader elements of the comprehensive plan and the Northwest ADP. • To accommodate the growing demand for telecommunication services, the Unified Development Code regulates the development of telecommunication towers/facilities through a special permit process in a manner that addresses location needs while also balancing compatibility factors such as aesthetics, distractions, and public safety. Telecommunication towers are able to pollute the landscape if not properly regulated; which, can result into adverse impacts on the overall aesthetic and character of a neighborhood. • An increasing population, a greater need for reliability on mobile devices in current times, an increased number of travelers in the area, and the rapid expansion of wireless innovations will soon overload the data capacity of the two existing towers located approximately 1 .7 miles east and west of the proposed tower. • Plan CC desires state-of-the-art telecommunication services for its constituents; and the tower will be addressing a locational need. There were no towers, at a site appropriate to reduce the data capacity load of the two towers, available. • The applicant's request will not have a negative impact on the surrounding neighborhood. With the most popular of the public being due to aesthetics and safety, the following were also considered. • The Unified Development Code imposes certain constraints when a telecommunication tower is sited near a residential district or roadways with arterial classification or higher. Sharpsburg is proposed as a collector street and a railway runs along the west side of the host-tract. The proposed tower is sited at approximately 45 feet away from the nearest road. The residential properties across from the site are at least 1/2 acre in size with small building footprints. • The proposed development is compatible with the surrounding uses and districts and is a use with very limited on-site activities. • The design documents includes the required screening, and the tower will be painted in a neutral color for visual compatibility with a slim profile; which has less impact visually. • There is a thick matured planting zone along Sharpsburg Road and the western boundary of the host-tract. . • The Manufactured Home District south of the property is at least 500 feet away. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission and Staff Recommendation (August 23, 2023): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with the following conditions: 1 . Use: The only use permitted under this Special Permit, other than those permitted by right in the "IL" Light Industrial District, is a wireless telecommunication facility of 105 feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2. Access: Access and placement shall be as per the site plan. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Zoning Report Page 5 Attachment: (A) Existing Zoning and Notice Area map, (B) Site Plan, (C) Metes & Bounds Description, (D) Metes & Bounds Exhibit, (E) Verizon Wireless Tower Location Necessity Case Documents, (F) Tower Design Documents. (A) SITE PLAN 3 5 RS-6 FIOUEROA ST 4 1 6 S-6 G���%� SygRpsg S .BJE/CT URGR� PROPERTY IL Z CASE: 0823-01 Zoning and notice Area W E s' RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily IH Heavy Industrial RM3 Multifamily3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Familyl0 RM-AT Multifamily AT RS-6 Single-Family6 SII CN-1 Neighborhood Commercial RS-0.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family �^ CR-1 Resort Commercial RS-15 Single-Family 15 CR.2 Resort Commend al RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial Cl IntensiveCommercial SP RV Special PPermit Vehicle SUBJECT CBD DowhtovanCommeraal RMH Manufactured Home PROPERTY — CR3 Resort Commercial mry FR Farm Rural ' H Historic Overlay BP Business Park f sue�ecl aropeny O owners ■■■_ _ 'n a" cairn 200 duper m tevor 4 01""'.11200' on ownem- Clty of ESri,HERE _ atla�ne�oweersmraae Xmopposnrvn Corpus LOCATION MAP Christi Zoning Report Page 7 (B) SITE PLAN 04b8L 9tlX31'A1Nf10D S3a3f1N`IlSR1HD Sfld2fOa �..� OO�w (//I��'®�:,�,g' 40 mdmi aH ounsSdklVHS 0084 N �oaru, w 1St/3 N311' IVO us.wa�eoxa si>sxiasiu,auaiaan as aaa�aoa vaaaiau ssaaa:a ala a:--ssau+eau wail assay so a1-ae u v Ilya as 1—s ea K asn ayseiaxa yea aoa aa.—I lav xaaa -ssa-.A.,:a au.1aaa—ala:lar 11-IM-M a a o W R =� o W� s — — 0 L Iia A3 / i 33 D � _ / r OR W ESE (C) METES & BOUNDS DESCRIPTION Oil `WWOOHO2AV '�TT'SHJIA2I3S Q'I�Id � �� Q EE o cv/ w o�w N3d� ?Q to > w AAAM �o _' � ao,aNV DNI—SIHI isn dO NO,onao—d S-111—Sll GNV d—IHI IG isn iiiDs—no—s,11 dl—]Hl�O 111—d 110S Sl aNV Sl DNA—SlHi Lu L Lu - NEE - w3` - - Lu oo Lu t 26 cZ -aft U - Lij — co J _'E` - Em p _ - - 86 pa 3 = m a - E - - - Lu - - - - oG W (D) METES & BOUNDS EXHIBIT Oil `WWOOHO2AV �x z '�TT'SHJIA2I3S Q'I�Id � �� Q � oz N3d� w CV/ aaaa �® �U ao/ONV DNI—SIHI isn dO NOion--S-111—SlI GNV d—IHI IG isn iiiDs—no—si 11 dl—]Hl�O 111—d 110S SI aNv SI DNI—SIHi n� OsQ.-.....y H U - co � vm o v ui Z Lu Lu - ^x� co Z V A \ 5E. v Lu In c� o� i o \ a �a� o _ ry •\ g�� �a- w �* �u li - oxo - In \ 0 1 s w e0000. c$ddao ow os� � - - - - - - - 'aX. aso,xa � \ a s s ig�rvQ � W \s - Z O \ 0 (E) VERIZON WIRELESS TOWER NECESSITY CASE DOCUMENTS F cn Q W Z �■■� LV Y J 2_ a V Q 0 J ° 2 Q u a 0 LIMa Y o I a a H `o Y O � r/ � v aa c a •� m o V ON 0 V `6 Q) z ) t)Lo O Y .� N a� n � N 4� O 'moo O N ca N N 1>1W N 4- z O O J a) i 41 J a1 Off, L Q p tB O O Q a1 4; a1 E a) a1 U 0- E E a) w dA N Q v OE N L a+ a) s v 0 0 0 Ln a) 4- o p (� O . 4- 4-� N � L (n 4- to - LO a) C: x 3: N o Ln N O Lnv O a) 0 N NO v a1 2 �' E E ` E N L o cn 10 O >` - � a) U U 4- a a1 4-0 Q U o 0 v lB O p o u 0 -N - C L- p 41 O CdA =3 (3) LU ate+ Q S L '� p > o a) > 4� v H cn > 2� O m O p O 4- c i 0 0 +� L O aJ Ln m U N O > O i In LE O Q o O41 � N ON U 41 O N E 5 +1 O Oul t/ d- d- p O L - � +M' a, Q o 0 :3a� a' a' � LLJ L vi a1 > p m Q Q W cn N O Q z vM a) (3) Ln L a) } N a1 a) O O nA c N 0 0 .— C = gy m a "� L N i V m qp a) >u 4- i �H U +� Q �C N Ln rB N a E O a) U a) +� 1 a) " M L o M a) L v+ 1- §i �: cOn ate, o Z cOn Q M 0 > O O Ln co *_ Ln O a_ L co co of a) U L — U U Q O t a) c +; Ln c N ELn u a) U Ea) t tw pN C O a� 2i co a) 'U to Q O U O c >, c E m w a) L C: O a) U L O U t�if a O 0 L O � •L c LL s a) L Ln O co 2i co O > — s vii vOi U O vii a) o a) L +' _ E +' a) CU � c co tao "; Q = co *� v 3 a) a) *' w 5 a) c o 0 a) a) Q L 2i Q 7 O O •V ?i t > t1A O N L Q U > L Q o co Ln co N O OLnm Ln E > co +� aO O c C o O O N > L O v Q) L u O L `~ c O c co +, O co +� a) a� a) .� m a)) c co �° tiA •U W a N _ (n L of U a) + tw c of Q o c a) Q) > tw c a) Ln Q > o L > Ln +' +, a) � c t tw Q Op } L en Q " =3a) L Q co a) H L -0 � m Ln tw a) U by Q) > a) a) u o o O o v + -0c L a) +' Lf O U +J a _ L C L (n m •� (� Q) L (J C C N > a O c Ln a) Ln a) U .(n :. 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SUBJECT - PROPERTY ' rt su�Ec7� i.. to r Cno[ Esri1HERE � � Cni�nas � LOCATION MAP City Council October 10, 2023 Zoning and land Use Proposed Use: To allow for the construction of a 105-foot telecommunications monopole tower. RS-6 Area Development Plan: F���EaoPST Northwest ADP (January 9, 200 1) Future Land Use Map: R�Ro Medium-Density Residential SUBJECT PROPERTY Existing Zoning: OL "IL" Light Industrial District Adjacent Land Uses: N • North: Vacant (Zoned: IL, RS-6) • South: Vacant (Zoned: IL) 1 • East: Industrial, Public/Semi-Public(Zoned: IL, RS-6) • West: Right-of-Way (Zoned: IL) Site Layout and Tower Elevation fM Ify-0•n.nL artortcn SMARP59DRD RD roP v s,ftuc�tfl[ �NP�OF�G.L xolF �\ x fuEJ �(NI W YIN GICF \ � u1AdN� E L u�i rtc� _._ fdFE NSLHFD 'Qf __ Z � FCA uINUW�µnrtPR OLL�4111i16�O�rrtIM N�61i^w BFPS.,zuima EtL m•�� ,�im,,'„E, i a s�=.� _!i\\,, �_. �" ;�� ,Q.FA�.,�,noN Nom i -- v �4 n•a �N FM R.0 I ' LI .� j ii■ %-S" 1 0,y � " VW o«sx Fs _ Na T " _ m Itl-011da'� %/ 4 uslm Ix) I nEoSNONn ,I ® r N,�NN_U,E F Best Server Site Selection Assessment LEC—LEu East�Sra QL EcauuE rncoa� ♦—I 9 � 1 1tflhw i,s t � L 4 1 sa aoesro- :.n.aoasra,mv�s" 5, - srawxlsYa-0000l�.j�yn�. PmWJIST 4M R"�5L8i'aN_PEORO[SrA.���N - y �. 9we Peoao�srn Doom �// Best server w/o tower Best server with Tower, Best server with Tower, 100-Foot Centerline 150-Foot Centerline Proposed Coverage Assessment a dl' oz t ` r d� OTnaoo9 _1 IST eF ISTamq -.. :_ � s _--isTrwo � ;j-• isTna _�. .' _ --sTno. s � T^ e nasr c::r T- Current Coverage Coverage with Proposed Tower, Coverage with Proposed Tower, Legend PROPOSEL7_LTE NWMobiIITy_RSRPtlBm 100-Foot Centerline 150-Foot Centerline M IN-BUILDING N-CAR M ON-STREET Public Notification 6 Notices mailed inside the 200' buffer 2 Notice(s) mailed outside the 200' buffer 5 RS-4 Notification Area fi��F}0A51 4 1 6 Opposed: 0 (0%) Separate Opposed Owners TT PRROPEOPE RTY � Z In Favor: 0 (0.00%) N "Notified property owner's land in SQF/Total square footage I of all property in the notification area = Percentage of public opposition. UDC (Unified Development Code) Requirements: SWJtP-K RU . Zoning District: IL i Buffer Yards None Setbacks: N/A - Street Yard: Side/Rear. El ' - m ���v i❑ YRS 0 Landscaping, screening, and lighting (subject to FAA and FCC) standards. Signage that identify the facility operator. Staff Analysis and Recommendation • The proposed rezoning is inconsistent with the Future Land Use Map; however, is consistent with many broader elements of the comprehensive plan and the Northwest ADP. • To accommodate the growing demand for telecommunication services, the Unified Development Code regulates the development of telecommunication towers/facilities through a special permit process in a manner that addresses location needs while also balancing compatibility factors such as aesthetics, distractions, and public safety. Telecommunication towers are able to pollute the landscape if not properly regulated; which, can result into adverse impacts on the overall aesthetic and character of a neighborhood. • An increasing population, a greater need for reliability on mobile devices in current times, an increased number of travelers in the area, and the rapid expansion of wireless innovations will soon overload the data capacity of the two existing towers located approximately 1.7 miles east and west of the proposed tower. Staff Analysis and Recommendation Plan CC desires state-of-the-art telecommunication services for its constituents; and the tower will be addressing a locational need. There were no towers, at a site appropriate to reduce the data capacity load of the two towers, available. The applicant's request will not have a negative impact on the surrounding neighborhood. With the most popular of the public being due to aesthetics and safety, the following were also considered. The Unified Development Code imposes certain constraints when a telecommunication tower is sited near a residential district or roadways with arterial classification or higher. The proposed development is compatible with the surrounding uses and districts and is a use with very limited on-site activities. • The design documents includes the required screening, and the tower will be painted in a neutral color for visual compatibility with a slim profile; which has less impact visually. • There is a thick matured planting zone along Sharpsburg Road and the western boundary of the host-tract. . • The Manufactured Home District south of the property is at least 500 feet away. Planning Commission and Staff Recommendation: Approval. SPECIAL CONDITIONS 1. Use: The only use permitted under this Special Permit, other than those permitted by right in the "IL" Light Industrial District, is a wireless telecommunication facility of 105-feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2. Access: Access and placement shall be as per the site plan. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. u AD" r - �r • „ Syq a�. AaS� i • � A NY Y CASE: 0823-01 N WE Aerial View S Subject 12 Property SUBJEC PROPERTY Aliy.: City of Esri, HERE Corpus LOCATION MAP Christi so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 10, 2023 DATE: October 2, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Assistant City Manager Heatherh3@cctexas.com 361-826-3506 Resolution in support of the continued protection of the Seawall Flood Control Structure and establishment of an endowment dedicated for the Seawall. CAPTION: Resolution in support of the continued protection of the City's downtown Seawall Flood Control Structure and the establishment of an endowment dedicated to the future maintenance and repair of the Seawall. SUMMARY: This resolution demonstrates the City Council's commitment to continued maintenance and protection of the downtown Seawall Flood Control Structure. This resolution establishes an endowment specifically for the ongoing maintenance and protection of the Seawall structure. BACKGROUND AND FINDINGS: On August 15, 2023 the City Council voted unanimously to call a special election, known as Proposition A, to reauthorize and repurpose the City existing '/4 cents sales tax for the purpose of repairing and maintaining the integrity of the Seawall infrastructure; improving citywide Regional Parks; fixing commercial and industrial streets; attracting new flight destinations to and from Corpus Christi; and repairing, renovating, and improving the Selena Auditorium, Arena, and Convention Center. If Proposition A is approved, the 1/8 cent specifically for the Seawall and the 1/8 cent specially for the Arena will be combined and the uses expanded to not only be for the Arena and Seawall but also Regional Parks, commercial streets, new destination to and from the airport, and Convention Center Complex. This resolution demonstrates the City Council's commitment and support of the continued protection of the City's downtown Seawall Flood Control Structure as defined in Resolution No. 033130. This resolution also establishes an endowment, or financial reserve, dedicated to the ongoing maintenance and repair of the Seawall. The endowment will be funded with amounts remaining from the current Type A authorization after all projects have been completed, which will create a dedicated reserve totaling an estimated $14.0 million. ALTERNATIVES: City Council could choose to not approve the resolution or amend the resolution. FISCAL IMPACT: Establishment of an endowment, or financial reserve, for the ongoing maintenance and protection of the Seawall structure. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Approval of the resolution as presented to establish an endowment for the ongoing maintenance and protection of the Seawall structure. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution in support of the continued protection of the City's downtown Seawall Flood Control Structure and the establishment of an endowment dedicated to the future maintenance and repair of the Seawall. WHEREAS, the City Council supports the continued maintenance and repair of the City's downtown Seawall Flood Control Structure and wishes to provide funding for future maintenance and repair needs; and WHEREAS,the City Council recommends the creation of an endowment,which is defined as a financial reserve dedicated to the maintenance and repair of the Seawall, as defined in Resolution No. 033130; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION l: The City Council supports of the continued protection of the City's downtown Seawall Flood Control Structure and the establishment of an endowment dedicated to the future maintenance and repair of the Seawall. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary A-1 so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 1852 City Council Meeting of October 10, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO - Assistant City Manager HeatherH3(a-)cctexas.com (361) 826-3506 Motion to amend the required development and completion date for Industrial Development Agreement 110-B with Bootstrap LLC CAPTION: Motion to amend section 3.08 Required Development of the Industrial Development Agreement 110-B with Bootstrap LLC to allow for development of a Battery Energy Storage facility and extension of the placed in-use requirement from December 31 , 2023 to December 31 , 2025. SUMMARY: The purpose of this item is to amend the Required Development section 3.08 of the Industrial District Agreement 110-B with Bootstrap Energy LLC. The original agreement allowed only the development of a crypto currency mining facility. Due to the change in the crypto market, Bootstrap LLC is requesting an amendment to expand the allowable development type to include battery/energy storage and to extend the placed in-use deadline from December 31 , 2023 to December 31 , 2025. BACKGROUND AND FINDINGS: On March 29, 2022, City Council passed a resolution authorizing the execution of an Industrial District Agreement (IDA) 110 with Bootstrap Energy LLC (Bootstrap) for the Corpus Christi Energy Park. The project had two portions, 110 and 110B, and the original agreement was to create a cryptocurrency (bitcoin) mining operation on each portion. With the recent FTX crypto exchange bankruptcy, the demand for cryptocurrency mining has been dramatically reduced. Bootstrap is moving forward with the original crypto currency mining facility project in IDA-110. The infrastructure is planned to be in place before the December 31 , 2023, deadline, but the connection to AEP may not occur shortly after the first of the year. For the second parcel which is covered by Industrial District Agreement 110-B, Bootstrap is proposing a battery energy storage facility in place of the mining operations with an estimated capital investment of $100 million and will occupy a similar footprint to the planned crypto currency mining operation. This facility would add power grid resilience and stability by storing energy and returning it to the grid when the demand is high. Bootstrap intends to develop the Battery Energy storage facility and then sell it to a company that operates within the energy storage industry similarly to the crypto mining facility. Highlights of the battery storage facility are: • Batteries will absorb electricity at night when cost is low and renewable energy supply is high. • Sell stored energy back to ERCOT when demand and price is high. • Buildings will be similar to the mining operations but will create fewerjobs and the capital equipment replenishment will be every 10 years vs every 5 due to a longer depreciation period. • Business profile works due to incentives for new energy storage facilities included in the Inflation Reduction Act. Legal has determined that this use qualifies as an industrial application and eligible under the industrial district agreement. As originally proposed, both phases of the project were planned to create 70-100 new jobs with salary ranges of$50,000 to $80,000 annually, depending on skill levels and certifications. Both phases combined were projected to generate an average of$3.17 million in new General Fund revenues to the City annually through Industrial District PILOT program for a 5-year total of $12.7 million and a 10-year total of $31 .7 million. Due to the reduction in cost of the crypto- mining equipment in the first phase and the lower cost of the battery energy storage equipment as compared to the crypto-mining equipment in the second phase, both phases combined are now projected to generate an average of $1 .6 million in new General Fund revenues to the City annually for a 5-year total of $7.2 million and a 10-year total of $15.9 million. The jobs created will be less due to the reduced maintenance needed for the battery energy storage equipment. Total jobs created are estimated to be 45-50 instead of 70-100. In addition to approving the addition of a battery storage facility as an allowable development, the City Council would also need to consider approval of an extension of the completion deadline for the 110-B agreement. Based on the currently estimated timeline for the battery storage facility, the AEP in-service date for the electrical sub-station will not be until June 2025. The anticipated lead time on the required battery storage equipment mirrors the 2025 timeframe so Bootstrap is requesting that the in-use deadline be amended from December 31 , 2023 to December 31 , 2025 for the 110-B agreement. ALTERNATIVES: City Council can revise or disapprove the required development amendment. FISCAL IMPACT: Both phases of the project combined are now projected to generate an average of $1 .6 million in new General Fund revenues to the City annually for a 5-year total of$7.2 million and a 10-year total of $15.9 million. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation 1% 1 NAVITAS E n e r g y DELIVERED BY ELECTRONIC MAIL August 3, 2023 City of Corpus Christi Mr. Peter Zanoni, City Manager 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 SUBJECT: IDA 110B — Proposed Alternative Development Dear Mr. Zanoni: Pursuant to the terms of Industrial District Agreement #11013 dated April 15, 2022 (the "Agreement") having been duly assigned to 1242 McKinzie Owner LLC (now, the "Company"), in respect to our March 16th letter concerning interpretation of IDA Section 3.08, we obtained concurrence from the City administration on June 20th and we have proceeded diligently with preparation of our proposed alternative development: a grid-connected battery energy storage facility. Pursuant to Section 3.08, we hereby submit for the City's consideration the following proposed alternative development, including the alternative industrial use and the alternative completion timeline below, as further described in the accompanying presentation material. 1. A battery energy storage facility that will be connected to the ERCOT power grid at the AEP "McKenzie Road" substation pursuant to ERCOT Generator Interconnection Request number 251NRO375 dated March 10, 2023; and 2. The battery energy storage facility is expected to be placed-in-use not later than the end of calendar year 2025. This timeline is heavily dependent on external factors including market conditions for financing; AEP and LCRA progress on their high voltage switching station expansion (already in progress);equipment lead-times and supply chain factors that are beyond the Company's reasonable ability to control. Consistent with our obligations under Section 3.08, the Company commits to diligently pursue the alternative project and endeavor that the Improvements constituting the alternative development reach Placed In Use status as soon as reasonably practicable. Nevertheless if, in spite of diligent efforts, and to the extent that Company has fulfilled Commencement of Construction as defined per Section 1.07, should the Placed-In-Use date float beyond end of Calendar Year 2025, the Company proposes to amend the Agreement to ensure payment in lieu of taxes from and after the end of CY 2025 at the greater of either: (i) the applicable % per Article 3.01 of appraised CONFIDENTIAL 1242 McKinzie Owner LLC 3838 Oak Lawn Ave,Suite 1000, Dallas Texas 75219 value of any improvements regardless if such appraised value is classified by NCAD as either Placed In Use or Construction Work In Progress (CWPI); or (ii) $100,000.00 (one-hundred thousand dollars). In such event the Company shall be deemed to have satisfied the Placed-In-Use deadline. We believe this extension is reasonable given the customary industry timeline for concluding financing, and advancing the engineering, procurement and construction for projects of this scope and nature. We respectfully request the City's concurrence that the foregoing proposed alternative plan meets with the reasonable acceptance of the City in respect to our ongoing compliance with our IDA 1106. Sincerely, Matthew J. Held Member In concurrence Date Peter Zanoni, City Manager CONFIDENTIAL 1242 McKinzie Owner LLC 3838 Oak Lawn Ave,Suite 1000, Dallas Texas 75219 AMENDMENT NO. 1 TO INDUSTRIAL DISTRICT AGREEMENT NO. 110B The CITY OF CORPUS CHRISTI, hereinafter referred to as the City and BOOTSTRAP ENERGY, LLC, as assigned to 1242 MCKINZIE OWNER LLC, hereinafter referred to as COMPANY, do hereby make and enter into this amendment (the "Amendment") which, together with Industrial District Agreement No. 11013, which was approved by the City Council of the City on April 12, 2022 (the "Agreement") and all other duly executed amendments, constitutes the entire agreement between the City and Company on this matter. I. Section 3.08, Required Development, is hereby amended to add the underlined language as follows: Section 3.08 Required Development. The COMPANY agrees that Improvements necessary to operate a cryptocurrency mining operation and/or lease server or rack space for the operation of a cryptocurrency mining operation must be Placed in Use on all Land on or before December 31, 2023. Company may, as an approved alternative, construct a battery energy storage system with a requirement that such a facility must be Placed In Use not later than December 31 , 2025. If the alternative facility has not been Placed-In-Use by December 31 , 2025 for reasons beyond Company's ability to control, including, for the avoidance of doubt, delays by AEP or ERCOT, then Company shall make payment in lieu of taxes from and after the end of calendar year 2025 at the greater of: (i) the applicable rate per Article 3.01 of appraised value of any improvements regardless if such appraised value is classified by NCAD as either Placed In Use or Construction Work In Progress (CWIP); or (ii) $100,000.00 (one-hundred thousand dollars). In such event the Company shall be deemed to be in compliance with the Agreement. Failure to substantially comply with the foregoing requirement will constitute a breach of this Agreement. If following notice of such breach, COMPANY does not provide either (1) a completion schedule reasonably acceptable to CITY, or (2) a proposed alternative industrial use for undeveloped tract that is reasonably acceptable to the CITY within 90 days, the CITY may declare this agreement terminated and accept COMPANY's petition for annexation and begin annexation proceedings under Section 10.07 below. Additionally, if COMPANY does provide an acceptable alternative development within the 90 day period, but does not thereafter diligently pursue such alternative project and insure that necessary Improvements are Placed in Use within such reasonable time period as the Parties may agree to, not to exceed two years, following approval of the alternative development, then the CITY may declare this agreement terminated and accept COMPANY's petition for annexation and begin annexation proceedings under Section 10.07 below. The City and the Company agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. CITY OF CORPUS CHRISTI APPROVED AS TO LEGAL FORM: Heather Hurlbert Date Assistant City Attorney Date Assistant City Manager 1242 MCKINZIE OWNER LLC By its managing member, 1242 McKinzie LLC By its managing member, Bootstrap Energy LLC Matthew J. Held Date Managing Member NAV ITAS� E n e r g y 1242 MclUnzie Road— Industrial District Agreement 110-8 ------ ----_ -------------- ----------------- z �1 � a 2 '� 1..."'�®��.� � .._,�^" � 'I V• -_.rte;.. .'r —� - i.,: � ,_ r 640 iij 1 NAVITAS� 1242 MclGnzie Road—Industrial District Agreement 110-6 E n e r g y f Agenda & Requested Action • Discuss state of cryptocurrency mining, and energy storage • IDA-1106 — presentation of proposed alternative industrial use • Discuss anticipated completion timeline for the proposed alternative • Questions and clarifications • Obtain City Manager/staff concurrence and next steps 2 NAVITAS� 1242 Mclanzie Road—Industrial District Agmment 110-6 E n e r g y f IDA 110-B (April 2022) The Bootstrap IDA includes a unique clause (3.08)to place specific restrictions on development of this unique "industrial" purpose: cryptocurrency mining (i) requires development of a cryptocurrency mining,facility; and (ii) imposes a placed-in-use deadline of 12/31/2023 City has provided its concurrence that this clause is not intended to restrict the Company from proposing an alternative industrial use for City consideration Company proposes alternative industrial use and alternative completion schedule Company seeks City's"reasonable acceptance"of the proposed alternative plan. 3 NAVITAS� Discussion of Crypto Winter— Decision to Diversify E n e r g y f 47.7K ................... 4/12/2022 ................ 4B.OK • Price:$40,123.57 44.OK Vol 24h:$27.698 40.01K 36.0K Compute North BK 28.01KIDA-1106 FTX BK Executed 24.01K 20.0K 16.0K "Crypto Winter" 12.OK 8,000 2022 M Jul 2023 Mar May Jul USD 4 NAVITAS� Discussion of Crypto Winter— Decision to Diversify E n e r g y f Bitcoin Price Collapse, Contagion • Sector-wide infrastructure investments disrupted by "crypto winter" • Phase-1 (IDA 110) customer Compute North timeline • CN closes$385MM capital raise(Feb 9, 2022) 4 BTC price$44,000 • CN and Bootstrap execute design-build contract to sell 33 Acres (Feb 22, 2022) • CN commits first breach for non-payment(June 16, 2022), Bootstrap halts work • CN files for Chapter-11 bankruptcy protection (Sep 22, 2022) 4 BTC price$18,000 • FTX crypto exchange collapses (Nov), Core Scientific Ch-11 (Dec) 4 BTC price$15,000 • Phase-2 (110-13) customer backs out just days before expected closing 5 IRA— New Federal Investment Tax Credit N E V I TAS�L'J E n e r g y New Opportunity: Grid Energy Storage • Inflation Reduction Act — July 2022 • Massive new federal tax credit (ITC) for stand-alone battery energy storage systems • Bootstrap approached by numerous energy storage developers • Major power grid infrastructure, advanced state of AEP engineering/analysis • Partnered with Navitas Energy (backing from Leyline Renewable Capital) • Navitas acquired a 50.1% stake in 1242 McKinzie (IDA-110B) in February 2023 • Immediately filed with ERCOT and AEP for 30OMW energy storage resource (BESS) N A V I TA S Energy - Experienced developer of Texas grid-connected resources . • Battery Energy Storage Systems(BESS) • Gas-fired power generation,solar and wind energy Successfully developed, financed, and completed (6) 100 MW quick-start peaker plants in three counties in South Texas over the last 7 years _ • Victoria Co.(3), Harris Co.(2),Calhoun Co.(1) ', Joint development partnership with Bootstrap Energy Principals have over 80 years combined experience in U.S. power markets Navitas-Bootstrap team is developing a diverse portfolio across Texas • Three BESS developments currently in the sale/financing process • Two-dozen BESS development sites—federal tax credits Five gas-fired development sites(early-stage)—state legislative mandate «II • Projects scheduled for financing and construction in 2024-2026 - NavKas Energy—Completed Gas Power Projects N E V neI T A S� Ergy f 600 MW of Quick-Start Reliability Generation in ERGOT ra s. „— �—MI—W WIA ,w ,,.v- y cl ' k *V I kms• � �. �� pa0 ,T .1�-� '��,{t a 8 NAV ITAS� IDA 110-8: Proposed Alternative Use,Alternative Schedule E n e r g y f Conventional Utility Application: Battery Energy Storage • Navitas Energy, acquired a majority interest in 1242 McKinzie Road property • Assignment of IDA-1108 to project company 1242 McKinzie Owner LLC • Immediately began planning and study of a 300 MW Battery Energy Storage System (BESS) • AEP & ERCOT Generator Interconnection Process underway since March • Full Interconnection Study in-progress(-6-month study) • Standard Generator Interconnection Agreement(SGIA)expected by year-end • Battery facility footprint is 6-10 acres of the 80-acre property • AEP in process of acquiring -8 acres from 1242 McKinzie for switching station expansion • Battery project requires roughly 24-months to implement (finance, design, procure, construct) • Placed-in-use target end of 2025 coincides with AEP switching station completion Q Battery Energy Storage Systems N E VITA S� E n e r g y Capacity firming Emergency support • Frequency support Voltage support Congestion management "RENEWABLE QUALITY ENERGY IMPROVEMENT INTEGRATION • Black start provision • Ramping flexiblity System balancing • Avoidance of dispatch for high tariff power plant INVESTMENT DEMAND G SUPPLY • Reduction in network losses DEFERRAL OPTIMISATION Generation Postponement Postponement of up-gradation in transmission infrastructure . Transmission and l7istrihution Source:National Renewable Energy Laboratory(NREL) BESS ImplemenWon Timeline N A V I T A SN E n e r g y Activity Target Date ERCOT Interconnection Application Filed March 2023 AEP Full Interconnection Study complete November 2023 AEP Interconnection Agreement ready January 2024 Financial Close March 2024 Start Detail Design&Long Lead Procurement April 2024 Engineering issued for construction August 2024 Construction Notice to Proceed October 2024 Begin delivery/install of BESS components April 2025 BESS commissioning check-out October 2025 AEP interconnection facilities complete October 2025 ERCOT approval to energize&test November 2024 BESS facility placed-in-use December 2025 Requested p �®n N A V I T A S�u A Energy Request City's concurrence of proposed alternatives pursuant to article 3.08: 1. Accepting BESS as an approved alternative in lieu of cryptocurrency mining 2. Accepting the alternative timeline for the BESS project placed-in-use by end of CY 2025 Propose minimum PILOT payment $100k starting 2026 if battery facility is not placed-in-use by 12/31/2025 Please refer to Company's draft concurrence letter 12 NAV ITAS� E n e r g y SUPPLEMENTAL SLIDES l� NAV ITAS� Architect's Rendering—Energy Park Complex E n e r g y f _�_ � . �, _W.. ��, � °• �� I iii'""" imp, , ���, ; a l�filll�i, .ill��. a .,Idl�h i 'II�'�1�4VI�IIUII Right/Foreground: Bootstrap Energy 30OMW Data Center(IDA 110,1102 McKinzie Road) Left/Background:30OMW Battery Energy Storage System(IDA 110-13,242 McKinzie Road) Center-left:AEP McKinzie Road Switching Station Expansion(10 acres) 14 NAV ITAS� Energy Park Master Plan—Survey and Site Layout E n e r g y f AEP-LCRA AEP in process of Substation acquiring-8 acres from 1242 McKinzie for Battery Modules substation expansion i AE Expansion i ; Substation 1 Power Lines Access Road (future) Battery Storage Common Access Road Facility (existing) office � 01 1242 McKinzie Mining V o IDA 110-B Facility \ 80 Acres Detention Basin 1102 McKinzie Detention 110 Basin IDA 33 acres \ Typical SESS Installation N E VITA S� E n e r g y �-_ ,r c. Typical Battery Energy Storage Container N E V I T y S� E n e r g y _ �. e , i NAV ITAS� E n e r g y Site during BESS Construction • Typical industrial site • Skilled work: high-voltage electrical, foundations • 12-month construction schedule y`I` + P • Peak workforce of—100-150 r f • Peak activity for battery module deliveries ' • AEP high voltage switching station construction x � r r NAV ITAS� E n e r g y Site During SESS Operating Life • Noiseless, no personnel on site • Remote security monitoring --- • Automated operations Y • No emissions or pollutants • No hazardous liquids or chemicals ° e��A � - A • RTFC Fire and emergency response ��� '�' • Occasional repairs and testing • Contracted electrical maintenance 19 SUS C�,� F v AGENDA MEMORANDUM NoflPOR,fo First Reading Ordinance for the City Council Meeting October 10, 2023 x852 Second Reading Ordinance for the City Council Meeting of October 17, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 289-0171 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Planning Contract Award CCIA Airport Master Planning Services Capital Project 23121 — Airport Master Plan CAPTION: Ordinance authorizing execution of a professional services agreement with Coffman Associates, Inc., of Overland Park, Kansas, for an updated Airport Master Plan in an amount not to exceed $1,610,689.00; appropriating Airport Grant No. 72 from the Federal Aviation Administration for $1 ,449,620.00 in Airport CIP Grants Fund No. 3020; appropriating $161 ,069.00 from the FY 2023-2024 Operating Budget, Airport Fund No. 4610, and transferring to Airport Capital Reserve Fund No. 3018. SUMMARY: An Airport Master Plan is a comprehensive examination of an airport's facilities, operations, infrastructure, forecasted demand levels, and its role within the current and future aviation system. The plan provides a vision with detailed information and costs for future development that considers future FAA requirements, industry demands, and local, state, or public needs. The development of an Airport Master Plan must follow strict FAA guidelines and requirements. CCIA's Master Plan process will take fifteen to eighteen months to complete and will produce a detailed Narrative Report, as well as several forecasts and technical drawings known as the Airport Layout Plan. The Master Plan is required for federal funding eligibility and is used as a justification tool for development projects through the FAA and other agencies. The Master Plan will serve as a roadmap for future aeronautical development to support aviation operations on the airfield, and nonaeronautical development in front of the terminal building for transportation, logistics, warehousing, retail, and other industries. The Master Plan project will be 90% funded by FAA Grant 72 at an amount of$1,449,620 with a 10% local share at an amount of $161,069. This project has been planned in both the FAA Airport Capital Improvement Program and the City Capital Budget for FY 2023- 2024. BACKGROUND AND FINDINGS: The FAA strongly urges and expects airports to complete an Airport Master Plan or update its current plan every ten years. Corpus Christi's most recent Airport Master Plan was completed in 2000 and most recently updated in 2007. Airport staff consulted with the FAA and aviation consultants in 2020, who advised to postpone the process until the COVID pandemic impacts on the aviation industry's future were better understood. A timeline of the solicitation process is as follows: • October 17, 2022: The City of Corpus Christi issues a Request for Qualifications (RFQ) to conduct Airport Master Planning Services. Five firms respond before the due date of November 16. • January 9 —January 30, 2023: City staff interviews all five respondents. Coffman Associates are notified of their selection on February 8. • March 7: After the City approved Coffman's proposed detailed project scope, Coffman provides a final price of $1 ,610,689. • March 30: City staff contacted the aviation consulting firm RS&H to perform an independent fee estimate on the proposed price for the project scope provided by Coffman Associates. RS&H advised a reasonable fee would be $1 ,710,642, and an approximate range would vary from $1 .54M to $1.88M. • Summer 2023: FAA completes grant issuance process and awards Grant 72 in Late July 2023. Elements of the Aviation Master Plan process and final products will include the following: • Public Involvement Program — KCS Public Relations has been contracted by Coffman Associates to perform local public involvement, including the creation and management of an Advisory Committee to help define key issues and review alternatives. • Environmental Considerations — Environmental considerations will be addressed and considered to ensure all relevant and reasonable issues are addressed as part of future development. • Existing Conditions — An inventory and summary of relevant infrastructure and operations will be used to baseline future development and forecasting. • Aviation Forecasts — Forecasts of aeronautical demand on the airport will be addressed for 5-, 10-, and 20-year increments. The FAA must approve these forecasts. • Facility Requirements — FAA standards and requirements will be assessed to determine future development requirements, as well as demand triggers for specific developments like a terminal or parking expansion. • Alternatives Development and Evaluation — Alternative plans for development will be created based on various factors like stakeholder input. • Airport Layout Plan — A key product of the Master Plan process, this technical drawing set is a graphic representation of existing and future airport development. • Facilities Implementation Plan —A schedule and estimated costs will be created for use as a funding planning tool and communication tool with the FAA and other stakeholders. Emphasis will be placed on methods to introduce a second public elevator, triggers for concourse expansion, a second set of concourse restrooms, and an in-line baggage screening system. Additionally, special initiatives will focus on the following products: • Airport Land Use Plan — Creation of a plan for aeronautical development, potential nonaeronautical development uses, specification sheets for each parcel of available land, analysis of present utilities, and airport layout for existing and future landside development including transportation and circulation layouts. • Solar Power Plan — Recommendations for implementation of solar energy or microgrids on airfield or landside property. • Vertiport — Development for a concept of a vertiport to support advanced air mobility (AAM) with designated location for unmanned aerial systems (UAS) operations. PROCURMENT DETAIL: Finance-Procurement conducted a competitive Request for Qualifications (RFQ 4394) to obtain qualified firms to provide master planning services for Aviation and received five responsive, responsible respondents which were evaluated by the City's evaluation committee, and all firms were interviewed according to technical and evaluation criteria on the Request for Qualifications. The evaluation committee was comprised of four members from Aviation and Engineering. During the interview process the evaluation committee rated each respondent and scored according to 1) firm's experience, 2) team identification, and 3) understanding of the project scope. Final scores were tabulated for each firm to determine the highest-ranking firm. Staff is recommending award to Coffman Associates Airport Consultants. ALTERNATIVES: Alternatives include not awarding a contract to Coffman Associates and requiring negotiation with the next highest scoring proposer. FISCAL IMPACT: Funding for this project is comprised of Grant No. 72, a passenger entitlement grant from the FAA for FY23 in the amount of$1 ,449,620. The final source of funding is the required City funding match for entitlement grants. The 10% local match for Grant 72 totals $161,069. This local match will be allocated from the unreserved balance in Airport Operational Fund 4610. FUNDING DETAIL: Fund: Airport Grant Fund (3020) Organization/Activity: Department: 53 Project # (CIP Only): 23121 —Airport Master Plan Amount: $1 ,449,620 Fund: Airport FY24 Operating Fund (4610) Organization/Activity: 35010 Department: 53 Project # (CIP Only): 23121 —Airport Master Plan Account: 550950 Amount: $161 ,069 RECOMMENDATION: City staff recommends approval of this action item. The Airport Board recommended approval of this action item at their regularly scheduled meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Professional Service Agreement Evaluation Matrix Ordinance authorizing execution of a professional services agreement with Coffman Associates, Inc., of Overland Park, Kansas, for an updated Airport Master Plan in an amount not to exceed $1,610,689.00; appropriating Airport Grant No. 72 from the Federal Aviation Administration for $1,449,620.00 in Airport CIP Grants Fund No. 3020; appropriating $161,069.00 from the FY 2023-2024 Operating Budget, Airport Fund No. 4610, and transferring to Airport Capital Reserve Fund No. 3018. WHEREAS, the Aviation Department needs to engage a professional firm for the development and production of an updated Airport Master Plan, to include an updated Airport Layout Plan, for the Corpus Christi International Airport, as required by federal regulations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an 18-month professional services agreement with Coffman Associates in an amount not to exceed $1 ,610,689.00 for the development and production of an updated Airport Master Plan. SECTION 2. Funds in the amount of $1 ,449,620.00 for Airport Grant No. 72 from the Federal Aviation Administration are appropriated in Airport CIP Grants Fund No. 3020. Additionally, funds in the amount of$161 ,069.00 are appropriated from the FY 2023-2024 Operating Budget, Airport Fund No. 4610, and transferred to Airport Capital Reserve Fund No. 3018. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Airport Master Planning Services RFQ No. 4394 Sr.Buyer: Minerva Alvarado Coffman Ardurra Group, Marcus Lam Proposal Evaluation Associates,Inc Inc.,dba LNV,LLC InterVISTAS KSA Engineers,Inc. Merchant Aviation Consulting Inc. Overland Park,KS Tampa,FL Washington,DC Longview,TX Summit,NJ Minimum Qualifications(PASS/FAIL) Registered as required by law Required five years in business No material lawsuits during last 5 years Pass Pass Pass Pass Pass No outstanding regulatory issues last 5 years References Provided for firm Local Preference 10 PTS 5.00 5.00 0.00 0.00 0.00 Technical Proposal(45 PTS) 42.50 39.25 36.25 42.00 36.50 Firms'Experience (15 points) 14.25 13.00 12.75 14.00 11.25 Team Experience(15 points) 14.00 13.00 11.50 13.50 12.50 Understanding of Project Scope(15 points) 14.25 13.25 12.00 14.50 12.75 Interview(45 PTS) 42.25 40.00 36.25 42.50 37.25 Firms'Experience(15 points) 14.50 13.50 11.75 14.25 12.25 Team's Identification(15 points) 14.25 13.25 11.75 13.75 13.00 Understanding of Project Scope(15 points) 13.50 13.25 12.75 14.50 12.00 Total 89.75 84.25 72.50 84.50 73.75 *Coffman Associates Inc.received 5 points for local preference because their team member KSA Public Relations is located in Corpus Christi. SC G° a 0 H PROFESSIONAL SERVICE AGREEMENT NO. 4394 U Airport Master Planning Services yeanaonn!e 1852 THIS Airport Master Planning Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Coffman Associates ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has agreed to provide Airport Master Planning Services, on behalf of the Aviation Department, for preparation of an Airport Master Plan; NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall provide Aviation Master Planning Services for the Aviation Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 2. Term. This Agreement is for 18 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1 ,610,689.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Professional Service Agreement-CCA Master Plan Page 1 of 5 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Tyler Miller, Deputy Director Aviation Department Phone: 361-826-1777 Email: Tylerm@cctexas.com 5. Insurance; Bonds; License. Intentionally deleted. 6. Standard of Care. Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services under the same professional license. 7. 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. 8. Independent Contractor. In performing this Agreement, both the City and Contractor shall act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. Contractor shall perform all professional services as an independent contractor and shall furnish such Services in its own manner and method, and under no circumstance or condition shall an employee, agent, or representative of either party be considered or construed to be an employee, agent, or representative of the other party. 9. 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. Professional Service Agreement-CCA Master Plan Page 2 of 5 10. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 11. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 12. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 13. 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: Tyler Miller, Deputy Director Aviation Department 1000 International, Corpus Christi, TX 78406 Phone: 361-826-1777 Fax: 361-826-3232 IF TO CONTRACTOR: Coffman Associates Attn: Mike Dmyterko, President 12920 Metcalf Avenue, Suite 200, Overland Park, KS 66213 Phone: 816-524-3500 Fax: 816-524-2575 14. 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, Professional Service Agreement-CCA Master Plan Page 3 of 5 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. 15. 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. 16. 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. 17. 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. 18. 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; followed, in turn, by its exhibits. Professional Service Agreement-CCA Master Plan Page 4 of 5 19. 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 if required by said statute. 20. 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. 21. 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 CONTRACTOR Signature: Printed }ame: LIL��Zo Title: 1T Date: U CITY OF CORPUS CHRISTI Josh Chronley Date Assistant Director, Finance - Procurement APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Exhibit A: Scope of Services Exhibit B: Project Cost Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP/RFQ No. 4394 Exhibit 2: Contractor's Bid/Proposal Response Professional Service Agreement-CCIA Master Plan Page 5 of 5 AIRPORT PLANNING IS OUR ONLY BUSINESS www.coffmanassociates.com EXHIBIT A - SCOPE OF SERVICES CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS AIRPORT MASTER PLAN INTRODUCTION This Airport Master Plan Scope of Services for Corpus Christi International Airport (CRP or CCIA) is being prepared prior to initiation of the study to establish the goals of the project and framework from which all parties to the project may participate. The objective of the master plan is to provide the sponsor (City of Corpus Christi, Texas) with proper guidance for future development which will satisfy aviation demands and be wholly compatible with the environment. Coordination between the Sponsor, the Federal Aviation Administration (FAA), and other parties with an interest in the airport will be essential to bringing together all facts and data relevant to the project and to developing a mutual agreement regarding future development at the airport. A Technical Advisory Committee (TAC) will be established for the study. Required and generalized master planning objectives in this Scope will include: • To research factors likely to affect all air transportation demand segments at CRP over the next 20 years, including the development of forecasts of commercial airline, general aviation and military operational demand. • To determine projected needs of airport users for the next 20 years, taking into consideration recent revisions to FAA design standards and the airport's conformance requirements, global positioning system (GPS) approaches or other new technology, commercial passenger and cargo trends, and the impact of general aviation fleet transitions on design standards. This analysis will also include considerations of military needs and usage. • To recommend improvements which will enhance the landside area's ability to satisfy future aviation needs,taking into consideration the potential for increased air cargo and maintenance, repair and overhaul (MRO) needs. This includes the possibility of developing an entirely new cargo/MRO incubation location(s) on the airport. • To analyze the existing airfield system to determine the existing and ultimate runway lengths required to satisfy the airport's critical aircraft(s).This analysis will include future improvements necessary to aid in supporting forecast demand.Also, the analysis will consider the potential for closure and removal of any airfield pavement(s) not deemed necessary and/or justified for fu- ture capital expenditures and/or to satisfy FAA airfield geometrical standards. Kansas City• Phoenix 12920 Metcalf Avenue, Suite 200, Overland Park, KS 66213 • Phone: 816.524.3500 • FAX: 816.524.2575 • To produce accurate base maps of existing and proposed facilities and updated Airport Layout Plan (ALP) drawings consistent with the FAA's Standard Operating Procedure (SOP) No. 2.0. Dig- ital Geographic Information System (GIS) data will be submitted into FAA's Airport Data and In- formation Portal (ADIP) system. This task will conform to the Survey Requirements Matrix con- tained in FAA Advisory Circular (AC) 150/5300-18B. The data will be submitted to the FAA AGIS system per the Airport Layout Plan column of Table 2-1. • To review future use and zoning of airport property and approaches to each runway for future protection. This will involve the development of new noise exposure contours. • Landside development options to maximize revenue streams for all potential aviation uses and users. The analysis will include the recommendations for non-aviation uses where appropriate and will include Part 163 guidance for land use releases on the ALP and property map. • To establish a schedule of development priorities and a program for improvements proposed in the master plan, consistent with the FAA's capital improvement program planning. • Consider sustainability efforts, specifically waste and recycling improvements, as part of FAA's updated standards. After discussions with airport officials, City of Corpus Christi, and CRP Airport Staff, these specific issues will also be analyzed and addressed during the study process: • Airfield geometry modifications to meet FAA A/C 150/5300-13B, as needed. • Research history of Corpus Christi International Airport. • Evaluate aging infrastructure using available data to determine a maintenance/redevelopment plan. • Recommend land acquisitions for future growth. • Create Pavement Management and Maintenance Program for all movement and non-movement surfaces on airfield. • Review Rates and Charges in accordance with grant assurance obligations and as part of the cash flow analysis • Conduct gap analysis and recommend actions to meet projected demand from industry electrifi- cation on landside and airside infrastructure,to include electrical infrastructure sources and over- all grid condition/capacity. • Recommend sustainability-focused implementation actions and plans. A-2 • Terminal Development — Methods to introduce a second public elevator; identify triggers for concourse expansion, to include a second set of concourse restrooms; and, planning for in-line baggage system in 5-year ACIP • Specific planning for aeronautical development and use of land adjacent to Taxiway Q • Air cargo development based on forecast demand and typical industry standard uses. • Planning for aeronautical development on southwest and eastern portions of the airfield. • Development of a vertiport to support advanced air mobility (AAM) or urban air mobility (UAM) with designated location for unmanned aerial systems (UAS) operations. • Nonaeronautical Development - Creation of a Land Use Plan for all landside property and poten- tial nonaeronautical development uses; creation of specification sheets for each parcel of avail- able land, including analysis of present utilities; and airport layout for existing and future landside development including transportation and circulation layouts. • Implementation of solar energy or microgrids, on airfield or landside property. • The selected Consultant should be present for initial site visits and inventory. The City seeks to hold at least biweekly progress meetings throughout the process, and may request the Consult- ant to present to the Airport Board or City Council during and after the Master Planning process. This comprehensive list of master planning issues will be the focal point of the process considering the overall goals and objectives and strategic initiatives outlined in the airport's strategic planning study and CRP Voice report. The strategic plan sets the 30,000-foot structure needed to help guide our process. The CRP Voice report will be a practical "ground level" master planning process influencer. Our approach will be to coordinate and infuse key concepts and ideas into the master plan to ensure that the airport transitions into its greatest generation yet. ELEMENT 1 - STUDY INITIATION AND ORGANIZATION The purpose of this element is to allow for proper time to manage the project, including the project website, project updates with the sponsor, team management, and overall QA/QC. Task 1.1 Study Design Description: In accordance with FAA guidelines for the preparation of master plans contained in AC 150/5070-613, Airport Master Plans, and AC 150/5300-13B, Airport Design, prepare an outline of the A-3 basic elements of the master planning work effort. Identify respective individual work tasks which will be necessary to meet both the requirements set by the FAA and the sponsor for each element of the master plan work scope. Prepare detailed descriptions of each individual work task which describe the specific work effort involved and identify the result or product of the work effort. Responsibilities: Consultant: Prepare work scope and budget. Sponsor: Review work scope and budget. Product: Work scope and budget. Task 1.2 Establish Technical Advisory Committee (TAC) and Conduct TAC Kickoff Meeting Description: Potential members will be identified and asked to serve on a TAC for the master plan. The TAC will be composed of a) representatives of FAA as well as other local, regional, state, or federal agencies; b) airport board, users, and tenants; and c) local community representatives. The TAC, which is a non-voting body, will advise the Consultant on the content and recommendations of the Master Plan study through meetings and review of draft working papers. Upon appointment by the Sponsor of a TAC, provide fifteen (15) standard three-ring notebooks for distribution to the TAC for their use during the study. A workbook cover will be designed, and the work- book format will be developed with sections for inserting working papers, notes, and other pertinent information.A glossary and list of abbreviations/acronyms will be developed and included as an appen- dix in the workbook. The initial, or kickoff meeting, of the TAC will be undertaken during the initial inventory trip by the Consultant.The consultant will also provide the opportunity to conduct an open house public workshop and/or City of Corpus Christi Council briefing during the inventory trip. KCS, a Corpus Christi-based public communications firm, will be assisting with all public outreach efforts as outlined in their scope and attached in the appendix. Responsibilities: Consultant: Design and prepare workbooks for the TAC and attend kickoff meeting. Sponsor: Distribute invitations and initiation materials to TAC and provide meeting room. Product: Fifteen (15) study workbooks. Conduct TAC kickoff meeting and public coordination as desired by the Sponsor. Task 1.3 Develop Project Website Description: Various project materials will be hosted on a project-specific website developed by the Consultant to allow public access to project materials. Materials which would be available on the web- site could include the presentation boards from the various public information workshops and monthly A-4 project status updates. During the planning process, all working draft materials will be available for review on the website.The public will be able to utilize the website to make comments on the contents of the Phase Reports. All pertinent comments will be included within the Final Master Plan document. Responsibilities: Consultant: Develop project-specific website. Host the project materials on a project-specific web- site. Sponsor: Review and provide comment. Product: Website access to project materials. Encourage use of the website to comment on the draft materials during the planning process. Tasks 1.4- 1.7 Project Management Description: The project management task includes work items required to set up and manage con- tracts, budgets, and invoicing as well as to provide project management and coordination with CCIA Staff, the FAA, and sub-consultant staff. The project timeline and coordination is anticipated to take place over a period of eighteen (18) months. Project coordination in the form of semi-regular confer- ence calls/on-line communication is also included.This task does not include on-site meetings (included in other tasks). Task 1.4 Set up and prepare project scopes, budgets, contracts with the CCIA staff and establish Subconsultant contract agreements. Task 1.5 Perform monthly budget invoicing and contract management. Task 1.6 Provide general on-going project coordination with the CCIA staff. This task does include up to three coordination/education meetings on-site with staff and/or local government agencies. This task also includes bi-weekly (as necessary) distance meetings to including video, phone, or other distance meeting options. Task 1.7 Provide general on-going project coordination with project management and sub-con- sultants. Responsibilities: Consultant: Provide project management for planned 18-month schedule. Sponsor: Aid consultant as necessary. Product: Project management services. ELEMENT 2 - INVENTORY OF EXISTING CONDITIONS The purpose of this study element is to assemble and organize relevant information and data pertaining to the Corpus Christi International Airport and the surrounding area. A series of inventory efforts are A-5 necessary to collect and organize a variety of specific historical, technical, legal, financial, and planning data as described in the following tasks. Task 2.1 Inventory Airport Facilities Description: Perform inventories of physical facilities and existing land uses within the present bound- aries of the Corpus Christi International Airport. These inventories will identify and describe existing facilities as to age, type, ownership, and condition, as well as changes to building conditions and uses since the completion of the last master plan, and will include, at a minimum, the following items. • Airfield: Runways, taxiways, aprons, lighting and marking, navigational aids • Terminal area: Terminal building, hangars, terminal curb, access, and parking • General aviation areas: Square footage of hangars and condition • Military use areas (as applicable): Ramp, access, and parking • FBO/specialty operators: Leased area, airfield facilities • Support: Utilities, fire and rescue facilities, fueling facilities, maintenance areas • Other areas: Airport tenants including military facilities (as necessary) • Wildlife hazards: summarize known wildlife issues • Additional on-airport and off-airport land uses In addition, all available plans, specifications, maps, photographs, drawings, and other data, including FAA Master Records (or other records maintained by the FAA), or other reports or studies considered to be relevant, will be obtained for possible use during the study.This task includes an on-site inventory trip to gather data,tour the airport facilities, and to conduct in-person interviews with airport staff and relevant airport tenants as necessary. This task also includes efforts to be provided by several subconsultants as outlined in their work scoping materials included in Appendix A. Responsibilities: Consultant: Conduct a complete inventory of the airport facilities to accumulate pertinent data, in- cluding an on-site tour of facilities and in-person interviews with airport staff and airport tenants as necessary. Sponsor: Provide the Consultant and subconsultants access to the airport property and airport records as necessary. Product: Tabulated airport facilities inventory for input to later tasks, highlighting changed condi- tions since the last master plan was prepared. Task 2.2 Inventory Commercial Airline, Air Traffic Activity and Airspace Description: A detailed review of available information pertaining to air traffic and passenger activity at the Corpus Christi International Airport will be performed for the past 20-year period. Data collection A-6 will include an inventory count of aircraft based at the airport by aircraft type, enplaning and deplaning passenger data as reported to CRP, air cargo (as available), and fuel sales maintained by the airport or fixed base operators (FBOs). The information will be collected in various formats for forecasting pur- poses. Air traffic activity data for the airport will be assembled and organized from various sources such as the FAA's Traffic Flow Management System Count(TFMSC), FAA's National Based Aircraft Inventory Program (www.based aircraft.com), Flight Aware/Motion Info ADSB datasets, and GCR's Airport IQ. Relevant data on commercial, general aviation (private and corporate), air taxi, and military activity will be collected. Data will be obtained from the Sponsor, the FAA Central Region Airport District Office (ADO), and FBOs. The assembled data will include, as available: a) Historical operations, including all categorical splits by type and function. b) Based aircraft by type, as available. C) Estimated use (by percentage) of each runway. Review and perform inventories of airspace and air traffic procedures at the airport. Conduct interviews with airport officials, FAA representatives, pilots, and others as necessary or appropriate to develop a complete description of the existing airspace environment and current airport traffic procedures. Basic inventory items will include: a) Airport traffic patterns. b) Approach and departure procedures. C) Military airspace near the airport. d) National Parks/Wilderness Areas. Responsibilities: Consultant: Assemble data. Sponsor: Assist Consultant in obtaining available airport records. Product: Input to subsequent tasks. Task 2.3 Inventory Local Plans, Land Uses, Utilities and Demographic Data Description: Obtain available information concerning local land use, economic development and envi- ronmental plans, and demographic or economic factors which are likely to have a significant impact on the demand for air transportation in the Corpus Christi air trade area, as well as those factors that involve potential impact to characteristics of the airport environs. Key information will include the area- wide composition, characteristics, distribution, and growth patterns of the following: • Population • Economic base (business, income, and employment) • Present and projected land uses • Existing and planned surface transportation • Environmental documentation A-7 • Long-range transportation plan • Zoning ordinance(s) • Height and hazard ordinance/mitigation measures Responsibilities: Consultant: Assemble data based on latest information available. Sponsor: Assist in collection of data. Product: Input to later analysis. Task 2.4 Obtain Tabulated Wind Data Description: The Consultant will obtain the most current ten years of wind data for Corpus Christi In- ternational Airport from the National Oceanic and Atmospheric Administration (NOAA), National Cli- matic Center and/or on-airport weather reporting aids for use in preparing an updated wind rose for the ALP. Responsibilities: Consultant: Obtain tabulated wind data. Sponsor: Coordinate with the Consultant as necessary. Product: Tabulated wind data for use in preparing an updated wind rose. Task 2.5 Environmental Inventory Description: The purpose of this task is to obtain information regarding environmental sensitivities on or near airport property. Sources of information will include past environmental documents, agency maps, existing literature, and relevant internet sources. Examples of information to be gathered in- cludes wetlands, riparian areas, threatened or endangered species, floodplains, cultural resources, air quality, parks and natural resource areas, and prime farmland. Informal consultation with various fed- eral and state agencies will occur only if needed information is not available through resources listed above. The information obtained in this task is intended to identify any significant environmental re- sources prior to the alternatives evaluation process in order to lessen or eliminate environmental re- quirements for potential project development. Responsibilities: Consultant: Assemble data based on latest information available. Sponsor: Assist in collection of data. Product: Input into later analysis. ELEMENT 3—AVIATION DEMAND FORECASTS This study element is intended to update the estimate of future levels of air traffic and based aircraft A-8 at Corpus Christi International Airport using industry-accepted forecasting methods. These forecasts will consider factors such as historic demand and use, socioeconomic characteristics, and FAA projec- tions to estimate future demand at CRP. The following work tasks will be carried out as part of this element. Task 3.1 Review Regional Aviation and Socioeconomic Forecasts Description: Review and analyze current local and regional socioeconomic forecasts obtained in the inventory element. Similarly, review the forecasts and assumptions of the aviation forecasts prepared by the FAA for its Terminal Area Forecasts. The forecasts prepared for the last master plan will also be reviewed and analyzed. Responsibilities: Consultant: Review all socioeconomic material pertaining to the study and the region. Sponsor: Assist in identifying potential sources of information and assist Consultant in obtaining identified socioeconomic material. Product: Forecasts of expected socioeconomic factors and aviation activity at Corpus Christi In- ternational Airport and other regional airports. Task 3.2 Prepare Aviation Demand Forecasts Description: Develop aviation demand forecasts using both simple and more complex methodologies, taking into consideration forecasts from other sources such as the FAA. Historical aviation activity sta- tistics for the airport will be organized to evaluate airport peaking characteristics and fleet mix ratios. The methodology used in this analysis will involve a variety of techniques that will factor in national transportation statistics, local socioeconomic factors, as well as independent airport data. Correlation analysis techniques will include relatively simple graphical comparison, as well as more complex regres- sion analysis. The forecasts shall result in estimates of aviation demand for five, ten and 20 years, including: • Commercial Airlines Passenger and Cargo Projections o Annual volume and mix of aircraft operations o Passenger enplanements o Air cargo volume shipped (as applicable) o Air taxi (related to scheduled or non-scheduled operations having fewer than 60 passenger seats) • General Aviation Projections o Based aircraft by aggregate and fleet mix o Aircraft operations by aggregate, itinerant/local o Other air taxi to include Part 135 and fractional aircraft ownership operations • Military Use Projections A-9 o While understanding the military use does not justify FAA funding justifications, CRP has a substantial military presence and use. As such, projections for existing and long-term military basing and operations will be estimated. Typically, this analysis is based on edu- cated and informed estimates based on best information available. This information will be useful in overall airport demand capacity evaluations but will not be useable for pave- ment length/width justification for FAA funding. • Peaking characteristics for use in demand capacity evaluations o Air Carrier and Air Cargo Airlines o General Aviation including private and air taxi o Total airport Responsibilities: Consultant: Prepare aviation demand forecasts for the 20-year planning horizon. Sponsor: Assist Consultant in obtaining available airport records. Product: Complete incremental forecasts for the years 2028, 2033, and 2043. These forecasts will be coordinated with the FAA (for their approval) to ensure the study proceeds based on generally supported assumptions. Task 3.3 Identify Existing and Future Airport Critical Aircraft Description: Utilizing data provided by the airport and that obtained from FAA database resources, iden- tify the current critical and future aircraft for the airport.The aircraft identified will be the most demand- ing aircraft, or family of aircraft, conducting a minimum of 500 annual operations. The analysis will in- clude a projection of aircraft operations by runway design code (RDC) and airport reference code (ARC) to determine future planning design standards. This analysis will outline the RDC for commercial airline,general aviation, and military aircraft. Moreover, the analysis will be considered for each of the airport's three runways, as applicable, to determine suffi- ciency in later tasks. Responsibilities: Consultant: Determine current critical aircraft and projection of future critical aircraft by each run- way's RDC and overall ARC. Sponsor: Assist the Consultant in obtaining available airport records. Product: Determination of existing and future critical aircraft for airfield design. This task will be coordinated with the FAA during the forecast review and approval process. Task 3.4 Prepare Phase I Report Description: Upon completion of the work tasks in Elements 2 and 3, working papers comprising the Phase I report will be prepared to outline the analysis, methodologies, and findings of the study efforts. A-10 Narrative prepared will highlight the history of the airport, the airport setting, and a definition of the airport's role in the state and national airport system, study process, goals and objectives, and method- ology a well as an updated aviation demand forecasting chapter. A glossary and list of acronyms/abbre- viations will be prepared and summarized in an appendix. Up to fifteen (15) hard copies and electronic (PDF) versions of the report will be submitted for review by the TAC, FAA, and Sponsor officials. THIS TASKALSO INCLUDES TIME REQUIRED TO COORDINATE, MAKE CHANGES,AND/OR MODIFYFIND- INGS IN TASKS 3.2 AND/OR 3.3 BASED ON FAA REVIEW, COMMENT,AND APPROVALS. Responsibilities: Consultant: Develop complete narrative and graphics for the Phase I report. Responsible for the dis- tribution of the Phase I report to the TAC, FAA, and Sponsor staff. Sponsor: Review and comment. Product: Up to fifteen (15) hard copies of the Phase I report and electronic (PDF) versions of the report. The chapters comprising Phase I will also be posted to the project website. Task 3.5 Conduct Technical Advisory Committee Meeting No. 2 and Public Workshop No.1 Description: Prepare graphic display and/or handout information necessary to adequately explain the Phase I report, which will include: • Study Introduction • Inventory (Element 2) • Aviation Demand Forecasts (Tasks 3.1 through 3.4) Meet with the TAC to review the Phase I report, as well as to review the project schedule, progress, and subsequent work efforts. This task will include holding an open-house style format public information workshop the evening of the TAC meeting, if requested and desired by the CCIA staff. The workshop will allow for interested public entities to review project materials and interact with the Consultant. Responsibilities: Consultant: Provide presentation material and necessary graphics for the meeting. Provide documen- tation allowing for the sponsor to publish notice of public meeting. Sponsor: Distribute meeting notices and arrange for meeting room. Product: Conduct second TAC meeting and first public information workshop for Master Plan study. ELEMENT 4— FACILITY REQUIREMENTS The purpose of this study element is to determine available capacities of various facilities at the Corpus Christi International Airport, their conformance or non-conformance with FAA standards, and identify the facilities that will be needed to meet compliance requirements or projected demand over the next 20 years. A-11 Task 4.1 Establish Physical Planning Criteria Description: Identify physical facility planning criteria for use in assessing the adequacy of various airport facilities to meet forecast demands. These criteria shall be based upon the latest FAA requirements and standards as they apply to the level of activity identified, new technology, and role of the airport. These criteria shall include dimensional standards for safety including runway length, runway separation, height restrictions, etc. In addition, these criteria shall include requirements to maintain airspace/air traffic control including approach and runway protection zones, safety areas, and other general physical area requirements such as apron, terminal/operations, access circulation and parking, hangars and ser- vices, administrative, Aircraft Rescue and Fire Fighting (ARFF), and other airport service and support fa- cilities. Responsibilities: Consultant: Develop physical planning criteria. Sponsor: Review. Product: Detailed criteria for airport physical planning. Task 4.2 Determine Airfield Capacity and Delay Description: Using the FAA's airfield capacity/delay model, estimate current and future levels of airfield capacity (annual service volume) and delay for Corpus Christi International Airport. These analyses will be based on the existing airfield configuration, aviation demand forecasts, and an analysis of airspace capacity potentials and constraints, and will involve the investigation of management and operational procedures in order to optimize the use of the total airside (runway, taxiway, and apron). The analysis in this task will determine if aviation demand factors generates a capacity rationale for run- way eligibility. Responsibilities: Consultant: Estimate airfield capacity and delay utilizing FAA guidance. Sponsor: Review and comment. Product: Detailed description the airport annual service volume for the current, five, ten, and 20- year timeframes. Task 4.3 Prepare Airfield Facility Requirements Description: Using the results of the forecasts (Element 3), as well as relevant information from other tasks, determine and prepare a list of facility requirements needed to meet projected demands for the airport for existing, short-term (1-5 years), intermediate-term (6-10 years), and long-term (11-20 years) timeframes. These facility requirements will be used in the later comparative evaluations and will be based upon both the airport physical planning criteria and the aviation forecasts. A-12 Facility requirements to meet aviation demand for the airfield will include (but not be limited to) run- ways, taxiways, lighting, navigational aids, and marking and signage. These facility requirements will be developed in the form of gross areas and basic units and will be compared to those that presently exist to identify the future development items needed to maintain adequate service,function, and operations of the airport. In addition, airfield design standards deficiencies will be identified and corrective actions evaluated and recommended. In subsequent tasks, the above facility requirements will be translated into alternative plans for further evaluation in relation to established planning criteria. Specifically, these tasks will be performed: • Runway length calculations • Airfield geometry analysis • Airfield Navaid recommendations • Instrument approach evaluation for consideration of improvements • Pavement condition analysis • Airfield drainage considerations • Identify physical planning criteria for the potential inclusion of facilities to support Advanced Air Mobility (AAM) operations, as detailed in FAA Engineering Brief#105, Vertiport Design. Airfield analysis will be assisted by Garver, Parkhill, and AP Tech, as outlined in their individual scopes contained in the appendix. Responsibilities: Consultant: Identify specific airfield facility needs, offer runway pavement minimum justification(s), and outline nonstandard airfield geometry. Sponsor: Review. Product: Detailed description of all airfield facilities required to meet aviation demands at the air- port through the 20-year planning period. Task 4.4 Prepare Landside Facility Requirements Description: Using information provided by the aviation planning criteria established under preceding tasks, develop a set of facility requirements addressing the landside facilities necessary to support the airfield and its related activity. The CCIA airline terminal building is a world class facility capable of meeting current demand. The airport has a potential to grow beyond the current three airlines servicing the airport and additional service would tax the existing infrastructure. This analysis will include evaluating future needs of the airline ter- minal building to include terminal building, curb, and parking overview evaluations to match the addition of a fourth and fifth airline service at CCIA. A-13 This work effort will outline cargo facility needs, as applicable, based on the findings of projected cargo demands and/or MRO additions at CRP. General aviation requirements will determine the best location for the next generation of facilities at CRP. This work effort will outline the general spacing requirements for use in determining long-term locations to be conducted in the alternatives chapter. Requirements for facilities such as fuel farm areas, ARFF, airport maintenance, and automobile parking lots (public and rental cars) will be developed under this task. Alliance, Hubpoint, Garver, and Parkhill will assist with terminal building, drainage issues, and other land- side requirement analysis as outlined in their scopes attached in the appendix. Responsibilities: Consultant: Identify specific landside area facility needs. Sponsor: Review. Product: Detailed description of facility requirements necessary for landside development to sup- port forecast aviation demand through the 20-year planning period. ELEMENT 5 -AIRPORT DEVELOPMENT ALTERNATIVES The purpose of this study element is to develop those airport development alternatives that appear most feasible and evaluate them to determine the most prudent and feasible alternative concept avail- able for the airport. Task 5.1 Establish Alternative Development Issues Description: Based upon the results of the facility requirements necessary to meet projected demand, identify those issues which will impact the development of alternatives for the various functional areas of the airport. This task will provide insights into the potentials for and policies constraining the devel- opment of specific land uses within the existing or future airport boundaries, including those areas which are unconstrained and meet current functional potential, thereby requiring no additional development. Sustainability issues will be identified and alternatives to support and promote sustainability initiatives will be preferred. Responsibilities: Consultant: Establish alternative development issues. Sponsor: Review and comment. Product: Alternative development issues. A-14 Task 5.2 Evaluate Potential Airside Alternatives Description: The airside facility requirements developed in the previous evaluations will be translated into a series of alternative plans for comparative evaluation in relation to the established planning cri- teria. The analysis will address a maximum of three possible airfield alternatives (in addition to the "do nothing" option). The alternatives with greatest potential for meeting airside demand in the most pru- dent order will be evaluated. Based on the analysis in Task 4.3, develop an array of airside alternatives. Responsibilities: Consultant: Development of airside development alternatives. Sponsor: Review. Product: A series of development options, each of which will attempt to meet the forecast airfield facility demands as well as FAA airfield criteria. Task 5.3 Identify Potential Landside Alternatives Description: Based on the facility requirements determined under the previous element, formulate pre- liminary landside development alternatives. These alternatives will be based on concepts for develop- ment within or beyond existing airport boundaries which show all necessary development during the planning period and beyond. This task will be conducted simultaneously with other tasks in this element and result in a series of overall development options for the airport. Specific landside alternative issues to examine will include: • Commercial airline terminal building modifications to meet potential Airlines 4 and 5. • Commercial air cargo facility development options. • General aviation development opportunities with industry best practices needs and demand. • Future aircraft engine run-up area sites. • Support facility improvements to meet the demand outlined in Task 4.4. • MRO development options and opportunities. • Environmental and sustainability analysis of alternatives. • Nonaviation land development options for potential land use release (Part 163 evaluations as needed). • Safety management system (SMS) needs will be factored Alliance will assist with terminal building alternatives; Garver will help with curb and sustainability alter- natives; Parkhill will aid with nonaviation development and drainage A-15 Responsibilities: Consultant: Develop up to three (3) landside development options, also considering the "no-build" concept alternative. Sponsor: Review. Product: A series of landside alternatives which fulfill the facility requirements to meet forecast demand levels. Task 5.4 Prepare Phase II Report Description: Upon completion of the work tasks in Elements 4 and 5, a report will be prepared to outline the analysis, methodologies, and findings of the study efforts. Narrative prepared as part of this Element will include detailed facility requirements and alternative concepts. Up to fifteen (15) hard copies and electronic (PDF) versions of the report will be submitted for review by the TAC, FAA, and Sponsor offi- cials. Responsibilities: Consultant: Develop complete narrative and graphics for the Phase II working papers. Responsible for the distribution of the Phase II working papers to the TAC, FAA, and Sponsor staff. Sponsor: Review and comment. Product: Up to fifteen (15) hard copies of the Phase II working papers and electronic (PDF)versions of the report. The chapters will be published on the project website. Task 5.5 Conduct Technical Advisory Committee Meeting No. 3 and Pubic Workshop No.2 Description: Prepare graphic display and/or handout information necessary to adequately explain the Phase II working papers. Meet with the TAC to review the Phase II working papers, as well as to review the project schedule, progress, and subsequent work efforts. This task will include holding an open- house style format public information workshop the evening of the TAC meeting. The workshop will allow for interested public entities to review project materials and interact with the consultant. Responsibilities: Consultant: Provide presentation material and necessary graphics for the meeting. Provide documen- tation allowing for the sponsor to publish notice of public meeting. Sponsor: Distribute meeting notices and arrange for meeting room. Product: Conduct third TAC meeting and second public information workshop for the Master Plan study. A-16 ELEMENT 6—RECOMMENDED MASTER PLAN CONCEPT, ENVIRONMENTAL OVERVIEW, AND LAND USE PLAN The purpose of this study element is to develop a recommended master plan concept based the alter- natives prepared in Element 5 and the review and comments provided by the TAC. An environmental overview, including the development of updated noise contours and land use analysis, will also be con- ducted to determine any potential impacts to the environment, in accordance with the National Envi- ronmental Policy Act(N EPA). Task 6.1 Recommended Master Plan Concept Description: Based on the information developed in the airport alternatives element as well as com- ments provided by airport staff, the CCIA STAFF, TAC members, and the general public, a single recom- mended Master Plan concept for development of the airport facilities will be prepared. The recommen- dation for the most prudent and feasible Master Plan concept will become the basis for the development of airport plans, costs, and scheduling. Responsibilities: Consultant: Develop a refined Master Plan concept for review by the Sponsor, TAC, and other inter- ested parties. Sponsor: Review. Product: A recommended Master Plan concept. Task 6.2 Prepare Aircraft Noise Exposure Contours Description: Compile computer batch files for development of existing and future noise exposure con- tours using FAA's Airport Environmental Design Tool (AEDT). Provide computer plot of 65 DNL and higher contours, at 5 DNL increments, and areas (in square miles and acres) within each contour. It is envisioned that two computer modeling runs will be developed — one for existing conditions and one for future conditions. The noise contours will be plotted on base maps utilizing aerial photography, if available, and/or best available mapping. No population impact counts will be developed under the task. Infor- mation on forecast operations will be obtained from the forecast analysis in the master plan. Information on traffic patterns and runway utilization rates will be reviewed with the airport sponsor. The results of the analysis will be included in the airport plans/land use compatibility working paper. Digital copies of the AEDT analysis can be provided to the sponsor at the conclusion of the analysis if requested. Responsibilities: Consultant: Develop existing and future noise exposure contours. Sponsor: Review traffic pattern and runway utilization assumptions. Product: Existing and future noise exposure contours for the airport. A-17 Task 6.3 Land Use Controls and Plans Description: Review and summarize existing zoning ordinances, subdivision regulations, building codes, and land use and transportation plans, and land use management documentation in the study area. Prepare tables and exhibits of the zoning, future land planning designation, and improvements. Responsibilities: Consultant: Review reports and documents from area planning agencies and prepare summary tables and exhibits. Sponsor: Review. Product: Tables and exhibits for analysis in later tasks. Task 6.4 Non-compatible Development Analysis Description: Based on information collected in Task 6.3, areas with the greatest potential for non-com- patible development, when compared to updated noise exposure contours and Part 77 approach sur- faces, will be identified. It is anticipated that this area will not extend beyond one mile from each runway end. Additionally, land use control inconsistencies will be identified. Growth-risk areas will be catego- rized by type of land use. Responsibilities: Consultant: Responsible for this task. Sponsor: Review. Product: Growth risk analysis including mapping of non-compatible growth areas. Task 6.5 Land Use Management Techniques Description: Identify various land use management techniques that could be applied in the airport vicin- ity. These techniques may include, but not necessarily be limited to: changes in existing zoning districts, creation of new zoning classifications, modification of other development regulations and building codes, property and easement acquisition, and other mitigation measures. Responsibilities: Consultant: Responsible for this task. Sponsor: Review. Product: A list of recommended land use management techniques that may be effective in pro- moting land use compatibility. A-18 Task 6.6 Environmental Overview (NEPA) Description: The purpose of this task is to identify potential environmental issues associated with the airport development alternatives and recommended development concept, including mitigation measures that may be needed for proposed projects. Once a recommended Master Plan concept has been developed, a preliminary environmental overview will be conducted using the information collected to identify any potential environmental concerns that must be addressed prior to program implementation. This evaluation will be structured in a table format and will include an analysis of potential impacts on environmental resources as defined within FAA's Order 1050.1F and its accompanying Desk Reference. Projects which may require further NEPA analysis (i.e., Environmental Assessment or Environmental Impact Statement) will be identified. This evaluation is not intended to serve as a formal Environmental Assessment under NEPA. Responsibilities: Consultant: Assemble data based on latest information available. Sponsor: Assist in collection of data. Product: Input to later analysis. Task 6.7 Waste Recycling Plan Description: The FAA Modernization and Reform Act of 2012 includes a new requirement for airport Master Plans to address recycling by: • Evaluating the feasibility of solid waste recycling, • Minimizing the generation of waste, • Identifying operations & maintenance requirements, • Reviewing of waste management contracts, and • Identifying the potential for cost savings or revenue generation. To develop a recycling plan that meets this FAA requirement, the Consultant will: 1. Collect baseline information on the airport's waste management program. Meet with Airport staff to understand how waste is managed at the airport and what current education efforts for passengers, employees, contractors and tenants are already in place. In addition, collect information such as waste collection contracts, monthly waste/recycling invoices, and the waste-related costs for waste and recycling (containers, hauling, disposal, and labor). 2. Assess existing waste management program. To understand the sources, composition, and quantities of waste generated at the airport, conduct a facility walk-through and an examina- tion of monthly waste/recycling invoices. A-19 3. Assess opportunities for expansion of recycling program. Review current waste collection con- tracts and conduct research on current market conditions to determine whether there are any logistical limitations to expanding the recycling program. 4. Develop recommendations for improving the recycling program. Based on the above assess- ment of the airport's waste and recycling program, develop recommendations for improving the airport's recycling program as well as minimizing waste generated at the airport. Recom- mendations will include identification of potential cost savings or revenue generation. Responsibilities: Consultant: Develop Recycling Plan Sponsor: Assist in collection of data. Product: Recycling Plan. ELEMENT 7 - FINANCIAL MANAGEMENT AND DEVELOPMENT PROGRAM The purpose of this element is to analyze benefits and costs that may be associated with the recom- mended plan as well as determine and set out the assumptions, terms, and conditions by which agreed- upon capital improvement programs can be financially implemented for Corpus Christi International Air- port. Task 7.1 Prepare Airport Development Schedules and Cost Estimates Description: Prepare the airport development schedules and cost estimates (in current dollars) for the selected Master Plan concept for Corpus Christi International Airport,thereby ensuring that logical stag- ing of improvements are given proper consideration in the development of a financial plan and capital improvement program. Items that are eligible for funding under the AIP will be identified in accordance with FAA Order 5100.38D,Airport Improvement Program (AIP) Handbook. Garver(and other subconsultants as scoped) will assist with this task through opinions of probable costs for proposed Capital Improvement Program (CIP) items. Responsibilities: Consultant: Prepare an airport development schedule and estimated costs. Sponsor: Review. Product: Development schedules and cost for the improvements proposed as a part of the selected master plan concepts. A-20 Task 7.2 Prepare Capital Program and Financial Plan Description: Develop a recommended 20-year airport capital improvement program and a condensed financial plan suitable for Corpus Christi International Airport. The airport capital improvement program will identify individual projects for each year through the first five years of the plan, then prioritize pro- jects through the intermediate (6-10 year) and long-term (11-20 year) periods. This task will be assisted by DKMG. Responsibilities: Consultant: Develop a detailed capital program. Sponsor: Provide review and input. Product: Capital program for the 20-year planning period. Task 7.3 Perform Financial Analysis Description: The financial plan of the Master Plan presents the financial assumptions which will ulti- mately impact facility and funding requirements. Initial assumptions and project objectives are revised to reflect changes in activity forecasts and collateral development alternatives. Elements to be refined include the types of facilities to be built or rehabilitated, the total costs of these facilities, the timing of cash flows associated with the construction of planned facilities, and financing sources and terms. The estimated demand on operating revenues and the impact on tenant rates and charges will be iden- tified and analyzed, and recommended strategies for completing and funding the proposed projects will be presented. The preferred alternative will reflect a financial management structure in combination with a physical plan which accomplishes CRP's objectives for strategic growth, economic development, air and ground transportation services, and environmental mitigation. The following components of the financial analysis will be conducted: • Sources and uses of funds analysis— Reviewing design cost and phasing to determine the various sources of funding for the recommendations, including any portion that must be financed through bonds. • Debt service analysis — Determining the par amounts required for construction and or refinanc- ing; calculation of required reserve funds, capitalized interest, and debt service coverage per the bond resolution. • Revenue forecasting analysis — Projecting amount and timing of additional revenues from in- creased facilities and from activity forecasts, as well as reviewing concession tenant leases to determine if rates can be increased during the projection period. A-21 • Operating expense projections — Analyzing historical trends and the impact of new facilities on projections. • Cash flow analysis — Calculating net revenue projections, including the effects of economic and financial constraints on project viability. This task will be the primary work effort to be completed by DKMG. Responsibilities: Consultant: Prepare a financial analysis. Sponsor: Provide information on lease income and review analysis. Product: Financial analysis to be used in the preparation of the capital improvement program. Task 7.4 Prepare Phase III Report Description: Upon completion of the work tasks in Elements 6 and 7, a report will be prepared to outline the analysis, methodologies, and findings of Elements 6 and 7. Up to fifteen (15) hard copies and elec- tronic (PDF) versions of the report will be submitted for review by the TAC, FAA, and Sponsor officials. Responsibilities: Consultant: Develop complete narrative and graphics for the Phase III report. Responsible for the dis- tribution of the Phase III report to the TAC, FAA, and Sponsor. Sponsor: Review and comment. Product: Up to fifteen (15) hard copies of the Phase III report and electronic (PDF) versions of the report. The chapters will be published on the project website. Task 7.5 Conduct Technical Advisory Committee Meeting No. 4 and Public Information Work- shop No. 3 Description: Prepare graphic display and/or handout information necessary to adequately explain the Phase III working papers. Meet with the TAC to review the Phase III report, as well as to review the project schedule, progress, and subsequent work efforts. This task will include holding an open-house style format public information workshop the evening of the TAC meeting. The workshop will allow for interested public entities to review project materials and interact with the consultant. Responsibilities: Consultant: Provide presentation and necessary graphics at the meeting. Sponsor: Distribute meeting notices and arrange for meeting room. Product: TAC and public workshop meetings for Master Plan study. A-22 ELEMENT 8—GEOGRAPHICAL INFORMATION SYSTEM (GIS) AND DATA COLLECTION SERVICES Data collection for Corpus Christi International Airport will be conducted to comply with Table 2-1 of AC 150/5300-18B, column Airport Layout Plan for ADIP submission and used for development of the ALP set defined in Element 9. The process includes collection of high-resolution aerial photography, high precision surveys of safety critical airport data, (runway ends, NAVAIDs, airport elevation, airspace, ob- structions and others), and additional feature collection such as pavement areas, paint markings, and fencing used to describe the airport. The objective of this element is for the Consultant to provide the sponsor with a digital dataset of the airport and its surrounding environment in conformance with cur- rent FAA standards set forth in the ACs 150/5300- 1313, -1613,-17C, and -1813,to provide an updated aerial image, and to conduct airspace analysis for the appropriate 18B and Part 77 surfaces. The data collected in this element will be used for ALP development and submission into the ADIP portal. This will be a complete data collection of the airport environment. Task 8.1 FAA Airports-GIS Description:Table 2-1 of AC 150/5300-18B, column Airport Layout Plan, will guide the collection of data for the Airports-GIS portion of the project. The dataset is a high precision, digital model of the features of the airport as defined in 18B Table 4-1 for Airport Layout Plans. This task includes working with the sponsor to create the project in the ADIP system, submitting and gaining approval of the SOW and all other necessary plans required by ADIP. Next is to collect and format the data, then submit the data and final report to the ADIP site and gain FAA Approval. Compliance with current FAA standards set forth in ACs 150/5300- 1313, 1613, -17C, and -18B will be adhered to. Responsibilities: Consultant: Ensure FAA and airport standards are met for all survey activity on- and off-airport and aerial photography acquisition. Provide oversight and review as needed. Sponsor: Liaison with survey team to provide access to airport property. Assist in providing any needed information to survey and aerial photography teams. Direct consultants as re- quired to any safety or operational requirements for survey and aerial photography team. Product: Approved FAA Airports-GIS Airspace project. Martinez Geospatial will be responsible for performing the airspace analysis, conducting the ground sur- vey, providing current orthophotography, and assisting in development of a GIS dataset that is accepta- ble to the FAA. Task 8.2 ALP Data Collection, Part 77 Airspace Analyses and AIRS Management Description: This task utilizes the safety critical data collected in Task 8.1 and adds to it those features required to complete the ALP per the SOP 2.0 checklist. This includes, but is not limited to, additional features such as paint markings, fencing, and pavement boundaries. It also includes obstacle collection A-23 so that Part 77 airspace analysis can be conducted on the future condition of the airport as a result of the planning effort. If any obstacles are found to penetrate the obstruction standard surfaces or visual flight rules (VFR) traffic pattern surfaces, and no previous study has been done on the obstacle, then the obstacle will need to be submitted for airspace evaluation (via OE/AAA) and the mitigation and aeronautical study number included in the obstacle data tables on this and the inner approach surface drawings. It is assumed that OE/AAA will involve up to three days of data entry and follow-up. The Airport Internet Resource Suite (AIRS) airport management application will be used to support and enhance certain components detailed in the Master Plan to assist airport staff in the collection, organi- zation, and use of information including the AGIS survey (Task 2.2). The application is accessed through a secure web page. Once logged in, the users can establish new user accounts, set permissions, view maps and modules, and run customized reports. Available modules include tasks related to airspace analysis, and lease management. This task includes the setup associated with the application website, logins, and 36-months use of the application. Responsibilities: Consultant: Provide oversight and review as needed. Martinez Geospatial will be responsible for per- forming the airspace analysis and providing planimetric data. Coffman Associates will add to data collection as needed to comply with FAA regulations. Sponsor: Assist project team in collection of attribution of data. Work with planning team to estab- lish future condition. Review drawings and data. Product: First phase provides topographic and planimetric data. Second phase provides obstruc- tion analyses. AIRS for 36-moth utilization ELEMENT 9—AIRPORT PLANS The purpose of this study element is to prepare a new ALP set for Corpus Christi International Airport. All plans will be prepared in a format which complies with the content contained within FAA's current guidelines for the preparation of an airport layout plan as defined by the FAA Airports ARP SOP 2.00 Standard Procedure for FAA Review and Approval of Airport Layout Plans (October 1, 2013), and which is readily acceptable to the FAA and can be utilized by the Sponsor in carrying out implementation. All plans will be produced digitally using the data collected in Element 8 and any additional data the sponsor may have or want to include. Element 8 collects all new airport data. The digital plans and PDF files of each sheet will be a deliverable item to the Sponsor at the completion of this project in CAD or GIS format at the Sponsor's discretion. The ALP will be included as an appendix in the "Draft" Master Plan docu- ments. A narrative will also be included in the appendix to better describe the intended functions of the proposed development items. Task 9.1 Airport Layout Plan Drawing A-24 Description: Following the Recommended Airport Master Plan Concept developed under the preceding elements and FAA AC 150/5070-613, an ALP drawing for the airport will be prepared. The ALP will reflect updated physical features, location of airfield facilities (runways, taxiways, navigational aids), and exist- ing landside development. Development of recommended landside and airfield facilities, including run- ways and taxiways; property and runway protection zone boundaries; and revenue support areas will also be shown. Guidelines for the preparation of an airport layout plan as defined by the FAA Airports ARP SOP 2.00 Standard Procedure for FAA Review and Approval of Airport Layout Plans(October 1, 2013) will be followed. A Title Sheet and Airport Data Sheet will also be prepared and included with the full ALP set. Responsibilities: Consultant: Prepare a new ALP for the airport. Sponsor: Review and comment. Product: A new ALP drawing for the airport which meets federal guidelines. Task 9.2 Terminal Area Drawing(s) Description: Prepare Terminal Area Drawing(s) reflecting development resulting from the recommenda- tions of this study, in conformance with Federal Aviation Regulations (FAR) Part 77 and FAA Airports ARP SOP 2.00 Standard Procedure for FAA Review and Approval of Airport Layout Plans (October 1, 2013). Depending on the future recommended development for the general aviation areas, more than one drawing may be required to adequately reflect the detail of development within the area.The drawing(s) will include detailed planning level information such as access taxiways, apron areas, hangar layouts, aircraft tie-down areas, customer and employee parking areas, and vehicular circulation and access for the short-, intermediate-, and long-term planning periods. Responsibilities: Consultant: Prepare Terminal Area Drawing(s). Sponsor: Review and comment. Product: Terminal Area Drawing(s) reflecting the selected development alternative for these facilities at the airport. Task 9.3 Part 77, Approach and Inner Approach Surface Plans Description: Prepare Part 77, Approach and Inner Approach Surface plans in conformance with Federal Aviation Regulations (FAR) Part 77 and FAA Airports ARP SOP 2.00 Standard Procedure for FAA Review and Approval of Airport Layout Plans (October 1, 2013). As necessary, height of potential obstructions will be researched and identified on the drawing along with an obstruction chart/table indicating the obstruction description,their top elevation, affected Part 77 surface, the penetration, and disposition or corrective action to eliminate or mitigate the obstruction. A-25 Obstacles not previously studied and within certain limits must be submitted for airspace evaluation (via OE/AAA). The limits are:within the airport property, within the boundaries defined in the attached document OE ALP Evaluation Surfaces.pdf, and any other prominent obstacle. Obstacles will need to be submitted and the mitigation and aeronautical study number included in the obstacle data tables on this and the inner approach surface drawings. This will result in an Obstruction Action Plan (OAP) for CIP purposes. It is assumed that OE/AAA will involve up to ten days of data entry and follow-up. Responsibilities: Consultant: Prepare new Part 77,Approach and Inner Approach Surface plans for the airport. File new obstructions via the OE/AAA system. Sponsor: Review and comment. Product: Part 77,Approach and Inner Approach Surface plans for the airport to meet federal guide- lines. Product will include aerial photography of the inner approach surfaces and runway protection zones. Task 9.4 Departure Surface Drawings Description: Prepare new departure surface drawings in accordance with guidelines as defined by the FAA Airports ARP SOP 2.00 Standard Procedure for FAA Review and Approval of Airport Layout Plans (October 1, 2013). Obstruction information will be obtained from the Part 77 obstruction analysis com- pleted in Task 8.2, approach plans, and the current Airport Obstruction (OC) chart (as available). Responsibilities: Consultant: Prepare new departure surface drawings for the airport. Sponsor: Review and comment. Product: Departure surface drawings for the airport which meet federal guidelines. Task 9.5 Airport Property Map Description: Prepare the Airport Property Map, including the appropriate graphics and information to indicate the type of acquisition (i.e., federal funds, surplus property, local funds only, etc.) of various land areas within the airport's boundaries. The primary intent of the drawing is to identify and/or delin- eate all designated airport property owned or to be acquired by the airport owner. The drawing will inventory all parcels, which currently make up the airport, or are proposed for acquisition by the airport sponsor. In addition, the drawing will also show any property that has been disposed of by the Sponsor in the past. Details will be limited to the depiction of existing and future facilities (i.e., runways,taxiways, runway protection zones, and terminal facilities) which would indicate aeronautical need for airport property. This work effort will utilize information obtained from the current—Airport Property Map as well as other sources. The Airport Property Map will be updated in conformance with the guidelines A-26 outlined in FAA Airports ARP SOP 3.00 Standard Operating Procedure (SOP)for FAA Review of Exhibit 'A' Airport Property Inventory Maps (October 1, 2013). Sponsor will assist Consultant in providing recorded deeds of its property. Additional information requested by the FAA may be added as needed if available and provided by the CCIA STAFF. Even though this drawing will be updated to conform to a full property Exhibit A under SOP 3.0, the drawing will be done to match the parcel numbering/identification of the existing Exhibit A. Responsibilities: Consultant: Update the Airport Property Map for the airport. Sponsor: Provide appropriate historical data and review Airport Property Map. Product: Updated Airport Property Map for the airport. Task 9.6 On-Airport Land Use Plan Description: A Land Use Plan for the area within the boundaries of the airport will be developed based on the identified overall development concept. This will include general aviation areas, terminal com- plex, ground access and vehicular circulation system service areas, industrial/commercial development areas, and distinctions between aeronautical and non-aeronautical uses. The drawing will outline any non-aeronautical land use plans so that future revisions to the ALP are not required should a land use release is requested. Responsibilities: Consultant: Prepare On-Airport Land Use Plan. Sponsor: Review and comment. Product: On-Airport Land Use Plan and Off-Airport Land Use Plan. Task 9.7 Preparation of Draft ALP and Draft ALP Drawing Set Description: Preparation of up to four (4) copies of the "Draft" ALP drawing set for submission to the Sponsor, and subsequent comprehensive agency review by the FAA. The ALP Drawing Set will be pre- pared in conformance with FAA Airports ARP SOP 2.00 Standard Procedure for FAA Review and Approval of Airport Layout Plans (October 1, 2013). Drawings will be a minimum size of 24" x 36". FAA review will be concurrent. Drawings will be submitted with or prior to publication of the "Draft" Final Master Plan. THIS TASK INCLUDES TIME REQUIRED TO MAKE CHANGES DURING SPONSOR AND FAA REVIEW AND APPROVAL PROCESS. Responsibilities: Consultant: Provide up to four (4) copies of the full Airport Layout Plan drawing sets depicting the sponsor selected "Recommended Plan" for sponsor and FAA use. A-27 Sponsor: Provide up to four(4) unsigned copies of ALP drawing set to FAA for review. Include signed transmittal letter indicating the changes from the last approved ALP drawing. Provide two (2) full sets of drawings to FAA for review. Product: Up to four (4) copies of the full ALP drawing set as well as a completed FAA ALP Checklist. Task 9.8 Preparation of Final ALP and Final ALP Drawing Set Description: Revise the Draft Airport Layout Plan drawing set prepared in the previous task to reflect comments received from the FAA review. Upon approval from the Sponsor, provide four (4) copies of the revised full ALP drawing sets to the Sponsor for their signature. The Sponsor will forward the signed drawings to the FAA for final approval. Responsibilities: Consultant: Provide up to four (4) revised copies of the full Airport Layout Plan drawing sets. Sponsor: Review and sign all drawings. Forward all drawings to the FAA for final approval. Product: Up to four (4) copies of full ALP drawing set. ELEMENT 10 - FINAL REPORTS Task 10.1 Prepare Draft Final Master Plan Report Description: Following the final review period for the Phase III report of the Master Plan Report, a Draft Final Master Plan Report document will be prepared. This document will incorporate appropriate com- ments and corrections received during the review period. Up to ten (10) hard copies of the Draft Final Report and an electronic (PDF) version will be provided. The FAA will receive one (1) print copy. Responsibilities: Consultant: Prepare and print up to ten (10) hard copies of the Draft Final Master Plan study and an electronic (PDF) version. Sponsor: Review and comment. Product: Ten (10) Draft Final Master Plan Reports. Task 10.2 Obtain Master Plan Approvals Description: Coordinate final approval of master plan with airport administration. This task will include a presentation to the Airport Commission seeking approval of the Master Plan. The ALP approval will be coordinated with Sponsor and the FAA. Responsibilities: Consultant: Coordination of final master plan approval. Sponsor: Review and comment on final documents. A-28 Product: Final master plan and airport layout drawing approvals. Task 10.3 Prepare Final Master Plan Report Description: Following the final review period for the Draft Final Master Plan Report, a Final Master Plan Report document will be prepared. This document will incorporate appropriate comments and corrections received during the review period. Ten (10) printed copies of the Final Report will be pro- vided, in addition to digital copies of the entire plan (text and graphics) in a PDF format.Two (2) printed copies (and a PDF copy) will be provided to the FAA. The FAA will also be sent four (4) full sized ALP drawing sets, signed bdy the Sponsor, for signature and circulation. An electronic (PDF) version of the ALP will also be submitted to the FAA. Responsibilities: Consultant: Prepare and print ten (10)copies of the final report(provide two copies to the FAA).Also develop digital copies of the final report in PDF/Word format for submittal to the Spon- sor and for the FAA. Sponsor: Coordinate distribution of the final report. Product: Ten (10) Final Master Plan Reports and electronic (PDF/Word) copies. ELEMENT 11 - SUBCONSULTANTS The project team, led by Coffman Associates, includes the following subconsultants: 11.1 -Garver— Engineering support and other ancillary services 11.2 - MTZ—Geospatial Services (A/C 18b Survey Products) (DBE) 11.3 - DKMG — Financial Services 11.4 - Hubpoint Advisors—Cargo Airline Analysis 11.5 -Alliiance —Airline Terminal Building Facility Requirements and Alternatives 11.6 -AP Tech— Pavement Management Plan 11.7 - Parkhill — Non-aviation land use development opportunities 11.8 - KCS— Public Outreach and Local Communication Services (DBE) Each subconsultant is providing a specific level of work effort more specifically outlined in their scoping materials included as an appendix to this document. A-29 ELEMENT 11 SUBCONSULTANT SCOPING DOCUMENTS A-30 TASK 11.1 - GARVER SUMMARY TASKS: Engineering Support Facility Requirement Support PMMP Escorting Cost Estimating SMS Audit Electrical Resiliency Meeting Support A-31 13750 San Pedro Ave. Suite 350 San Antonio,TX 78232 TEL 210.447.6250 A;1 www.GarverUSA.com March 6, 2023 Coffman Associates Attn: Mike Dmyterko 12920 Metcalf Avenue, Suite 200 Overland Park, KS 66213 Re: Corpus Christ International Airport—Master Plan Scope/Fee Dear Mr. Dmyterko, We appreciate the opportunity to support you on the Corpus Christi International Airport Master Plan project. Attached is a scope of our services and summary of our proposed fee. A table showing the fee breakdown per scope element is included below: Scope Item Fee Inventory $74,508.00 Facility Requirements $46,436.00 Engineering Support and PMMP Escorting $28,660.00 Cost Estimating $37,526.00 SMS Audit $21,806.00 Electrical Resiliency $107,232.00 Project Steering Committee Support $9,496.00 Total $325,664.00 Please call me if you have any questions. Sincerely, GARVER Nathan Polsgrove, A.A.E., IAP, ACE Aviation Planning Leader Attachments: Exhibit A: Scope of Services Exhibit B: Fee Summary EXHIBIT A SCOPE OF SERVICES CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT MASTER PLAN GENERAL This Scope of Services outlines the scope items that Garver will complete for the Corpus Christi International Airport Master Plan. ENGINEERING SUPPORT AND PMMP ESCORTING: Alternatives Analysis— Engineering Support Garver will review all airside and terminal/landside alternatives and provide feedback on each alternative related to constructability, cost, and other engineering considerations. Utilities impacts will also be a consideration for this effort. This is expected to include providing written feedback on each alternative as well as participating in up to two (2) virtual meetings regarding the alternatives analysis. This effort does not include preparing cost estimates for each alternative. Cost estimating will be addressed under a separate task item. CIP Phase— Engineering Support As part of the Capital Improvement Program(CIP)and Implementation Plan,Garverwill provide support related to conceptual project sequencing and phasing. This is expected to include providing written feedback on the proposed CIP and implementation plan as well as participating in up to two (2) virtual meetings. PMMP— Engineering Support/Review As part of the PMMP, Garver will provide support including reviewing existing pavement data and draft pavement analysis work. This is expected to include providing written feedback on the draft PMMP as well as participating in up to two (2)virtual meetings. PMMP —Escorting To support the pavement inspection work that is necessary to prepare the PMMP, Garver will provide a single person to escort Applied Pavement Technology personnel at CCIA for approximately eight (8) consecutive days. Escorting is expected to be provided for approximately 9 hours each day. COST ESTIMATING: Cost Estimating: Garver will prepare planning-level probable development costs for each project in each phase of the CIP. Development costs will be estimated for each project and will be based on the preferred development concept. These estimates of probable costs will include land acquisition, construction Exhibit A- Scope of Services CRP—Airport Master Plan Garver Project No. 2214040 costs, and environmental/design fees. Cost estimates will be prepared in current-year dollars and developed for planning purposes only. It is estimated that this will include cost estimates for approximately eighty (80) individual projects. INVENTORY: Inventory— Documentation Review: Garver will collect and review the following documents and data to establish baseline information to build the inventory of existing facilities and conditions: • Historical list of capital projects/grant history. • Current and planned capital improvements at the airport (as shown in the airport's current Capital Improvement Program). • Current FAA documentation regarding the airport and its facilities (e.g. current 5010, instrument approach procedures, airfield diagram, sectional/IFR charts, and Aeronautical Information Services data from the FAA National Flight Data Center). • Current/approved Airport Layout Plan (ALP). • Previous Airport Master Plan (AMP) and noise studies. • Existing facility assessments and as-built plans for existing facilities/infrastructure (e.g. terminal building, roadways, other facilities). • CCIA Airport Certification Manual (ACM). • Wildlife hazard assessment/wildlife hazardous management plan. • Airport Letters of Agreement (LOAs) or Memorandums of Understanding (MOUs). • FAA runway incursion data for CCIA. • Historical fuel flowage (previous 5 years broken down by 100LL and Jet A). • Existing airport rules and regulations and minimum standards. • Existing local zoning ordinances/maps and any airport zoning related processes/practices. • Existing environmental data/information (e.g. previous EA, EIS, other environmental determinations, threatened and endangered plants, fish, and wildlife data, cultural/archaeological/historical resources data, floodplains, farmland, etc.) as provided through publicly available online databases/resources. • Any available topographic maps and available aerial photographs. • Utility location information for underground and above ground utilities located on airport property. This includes utility size and general location. No in-field utility locations will be performed as part of this project. All utility location and size information is expected to be obtained from the utility provider. • Existing pavement condition/strength reports. • Local comprehensive plan or other regional development/land-use plans. • Public parking lot utilization data. • Traffic count studies. No new traffic counts will be performed as part of this project. Inventory—Site Visit: Garver will schedule and complete an initial site visit to CCIA that will include the following subtasks: Exhibit A- Scope of Services CRP—Airport Master Plan Garver Project No. 2214040 • Tour/review of airfield facilities (e.g., runways, taxiways/taxilanes, NAVAIDs, and other infrastructure)to document existing infrastructure. This will include documenting the ownership, model, and age of all on-airfield NAVAIDs. This is expected to include coordination with FAA TechOPS to verify information for any FAA owned NAVAIDs. Additionally, this is expected to include a meeting with personnel at CCIA's ATCT and airport operations to gather information related to the utilization of the existing airfield infrastructure. • Tour/review of support facilities (e.g., ARFF, fuel farm, maintenance) to document existing infrastructure and challenges. This is expected to include a meeting with key ARFF personnel at CCIA. • Tour/review of a sampling of general aviation, aircraft maintenance, and other on-airport facilities to document infrastructure and existing use. The general age and use of all general aviation facilities will be documented. Photographs will be taken of all existing facilities and any general visual condition deficiencies will be noted. Inspections of existing facilities (e.g., including internal infrastructure, building systems, etc.) are not included. • Tour/review landside facilities (e.g., terminal curb, parking, roadways, etc.) on airport property to document existing infrastructure, use, and challenges. • Conduct up to ten (10),one-hour interviews with various tenants or airport stakeholders to gather information on current airport operations, challenges, and future development plans. Garver will coordinate with airport staff related to scheduling the identified subtasks. This site visit will be completed in a single three (3) day period and will include two (2) Garver staff members. This task includes the preparation of meeting materials (e.g., meeting agendas, exhibits, etc.) necessary for the site visit. Additionally, meeting minutes will be developed for all ten (10) interviews. It is also expected that some additional follow-up calls/interviews with stakeholders may be necessary after the initial interviews. Existing infrastructure will be documented using field notes and pictures. Inventory—Chapter Development: Garver will prepare a draft of the Inventory Chapter sections that are relevant to the data and information captured as part of the site visit and data collection effort: • Airfield and NAVAIDs: Garver will prepare a narrative section describing the existing airfield infrastructure and NAVAIDs at CCIA. This is expected to include documenting the existing infrastructure's protected surfaces (e.g., NAVAID critical areas, airport design surfaces, etc.) as well as the age and ownership of all NAVAIDs. This includes the development of up to four (4) exhibits to visually depict this information. • Support Facilities: Garver will prepare a narrative section describing the existing support facilities at the airport(e.g.,ARFF,fuel,airport maintenance,etc.). This will include documenting ARFF equipment and response routes. This includes the development of up to two (2) exhibits to visually depict this information. • Instrument Approaches: Garver will prepare a narrative section describing the existing instrument approaches at CCIA. This will include documenting the procedure types and existing minimums. • Building and Hangar Utilization: Garver will prepare a narrative section describing the general use of all facilities on airport property. Any specific findings from the inventory site visit and data collection will be documented. This includes the development of up to three (3) exhibits to visually depict this information. • Auto Access and Parking: Garver will prepare a narrative section describing the existing parking Exhibit A- Scope of Services CRP—Airport Master Plan Garver Project No. 2214040 and access roads at the airport including their general size and use. This includes the development of up to two (2) exhibits to visually depict this information. • Utilities: The location and size of existing on-airport utilities will be identified. This includes the development of up to two (2) exhibits to visually depict this information. Garver will present the data in written form with tables and graphics. Garver will also integrate other inventory sections prepared by other subconsultants. Garver is not writing the terminal inventory or environmental inventory portions of the inventory chapter. The draft inventory section is expected to be approximately 100 to 150 pages. FACILITY REQUIREMENTS: Facility Requirements—Terminal Curbside and Roadway: As part of the airport facility requirements analysis, Garver will analyze the sufficiency of the existing terminal curb area to accommodate future traffic needs based on the approved peak hour passenger forecast provided by Coffman. Garver will also analyze the sufficiency of existing airport roadways to accommodate future traffic based on the approved peak hour passenger forecast and forecasted growth in roadway utilization by airport tenants and others. This analysis is expected to integrate design considerations set forth in ACRP Report 25: Airport Passenger Terminal Planning and Design and common traffic planning/modeling techniques. Based on the existing traffic volumes, the engineer will perform traffic simulation modeling analysis for five-year forecasting intervals. Garver will summarize the results of the analysis in a traffic report format that includes graphics and tables to communicate future facility needs. Historical traffic counts provided by the airport will be utilized to support this analysis. Facility Requirements—Terminal Utilities: Based on terminal facility requirements prepared by the terminal planner, Garver will analyze the sufficiency of the existing electrical, water, and sewer utilities to be able to accommodate the proposed expansion of the terminal building. To facilitate this analysis,CCIA will provide Garver with the following documentation: • The past 12 months of utility bills that show the utility usage for the water,sanitary sewer, natural gas, and electricity. • The past 12 months of any historical data for any facility submeters for water, natural gas, and electricity. As a result of the analysis, Garver will develop recommendations related to what improvements should be made regarding the airport's existing utility infrastructure serving the terminal. Garverwill summarize the results of the analysis in a narrative format that includes graphics and tables to communicate future facility needs. The existing internal building systems including chilled water, heating water, fire alarm, mass notification, and back-up power will not be evaluated as part of the master plan, but may be impacted by an expansion of the facility. Exhibit A- Scope of Services CRP—Airport Master Plan Garver Project No. 2214040 SMS AUDIT: Garver will conduct an audit of CCIA's SMS program as part of the master plan process. Garver will first review CCIA's existing Safety Management System (SMS) plan and any supporting documentation. Garver will also conduct one (1) virtual interview with CCIA staff holding key plan responsibilities to better understand how the plan is currently implemented. Garver will then conduct a gap analysis to identify any areas of the current plan that do not fully comply with FAA Advisory Circular 150/5200-37A— Safety Management Systems for Airports. Garver will conduct (1) one virtual meeting with CCIA staff to discuss the findings of the audit. The findings of this gap analysis will be documented as part of the airport master plan deliverables and is expected to be 5-8 pages in length. Garver will also develop a draft SMS implementation plan for CCIA in compliance with AC 150/5200-37A. This plan will be provided to the airport for review. Garver will provide one round of revisions based on CCIA comments. The draft-final plan will be provided to CCIA electronically in Word format. ELECTRICAL RESILIENCY: Inventory Phase: As part of the inventory, Garver's team will complete a comprehensive review of the airport's existing electrical systems (airside, terminal, and landside) to identify potential points of failure, opportunities for improving resiliency, and prospects for improving system efficiency. Gamer will work with the airport to gather information for existing electrical infrastructure supporting the airport. These areas include airfield lighting and NAVAIDS, electrical airfield vault power and controls, terminal power and lighting systems, site and roadway lighting, parking environments, airport gate access control. Where appropriate, Garver will also utilize electrical infrastructure information collected during past projects at the airport. Garver will execute up to two (2)site visits with (2) persons to document existing electrical infrastructure conditions of the airport. These site visits are expected be completed over four (4) days total, and will be completed in a single site visit if possible. Some of the data collection will need to be performed during the night hours to document existing lighting conditions throughout the airport. Garver will also complete up to eight (8) teleconference interviews with various airport tenants/stakeholders (e.g., airport staff, airlines, FAA, rental car companies, electrical utility, etc.) to document existing operations and future needs. Facility Requirements: Garver utilize the information collected in the inventory phase, as well as applicable data from the forecasting phase, to identify unmet electrical needs. These needs are expected to include: 1. Emergency Systems 2. Electrical equipment and feeders 3. Airport lighting 4. Airport One-Line Diagrams 5. NEC codes issues 6. Renewable Energy and alternative power sources including solar Exhibit A- Scope of Services CRP—Airport Master Plan Garver Project No. 2214040 In general, an emphasis will be placed on infrastructure improvements that will improve the airport's electrical resiliency and redundancy. This will include a risk assessment of short- and long-term electrical grid interruptions and their impacts to the airport. Support for increased electrification of both aeronautical and non-aeronautical operations will also be a key consideration in this phase. Electrical infrastructure improvements to address these needs will be recommended to be included as part of the alternatives and capital improvement phases of the master plan process. Alternatives: Garver will support the integration of the electrical infrastructure needs identified in the facility requirements phase into the alternatives development process. This will include general siting considerations, when possible, and recommendations on implementation priorities. CIP Phase: In coordination with other components of the master plan CIP, Garver will develop ROM cost estimates for the electrical projects included in the preferred alternative and provide general phasing recommendations based on the implementation priorities identified in the alternatives phase. • Electrical Resiliency Scope Exclusions • Looking into areas controlled or maintained by tenants. • Areas outside the airport control and operation • Airfield lighting analysis including lighting calculations and fixture selections. • Reviews of existing security systems, except as specified in this scope. • Reviews of existing communication systems • Reviews of existing fire alarm systems • Reviews of mechanical and plumbing systems • Design of any level (conceptual, detailed, or final) • Preparation of construction documents • Reviews of existing lightning protection systems • Reviews of passenger boarding bridges PROJECT STEERING COMMITTEE MEETINGS: Garver will attend up to four project steering committee meetings to discuss the findings of the Airport Master Plan. These meetings will be in person and will be attended by one Garver staff member. Exhibit A- Scope of Services CRP—Airport Master Plan Garver Project No. 2214040 Exhibit B Coffman Associates Corpus Christi International Airport Master Plan Airport Master Plan WORK TASK DESCRIPTION P-3 P-2 P-1 E-5 E-4 E-3 E-2 E-1 T-1 AM-2 hr hr hr hr hr hr hr hr hr hr 1. Inventory Coordination with Client 2 4 2 Documentation Review 2 10 24 Site Visit Preparation 4 6 2 4 Site Visit(2 people,3 days) 32 32 Site Visit data compilation,follow-up 18 30 8 Chapter development 4 24 70 4 70 8 QA/QC 2 2 2 Subtotal-Inventory 46 94 124 6 4 0 0 8 72 12 2. Facility Requirements Analysis Terminal Curbside&Roadway Analvsis Airport Passenger Peak Traffic Volumes Review 8 4 Traffic Analysis Review Previous Airport Studies 4 4 Review Projections for Low,Average,and High Growth 4 2 2023 Analysis and Modeling of Existing Peak Confg 16 Four Future Scenario Analysis and Modeling for Peak 16 4 Traffic Report Prepare Draft Report Sections 2 20 Update Analysis/Respond to Comments&QA/AC 1 2 4 Prepare Final Report Sections 1 2 4 Terminal Utilities Analysis Meetings(4) 8 Utility Bills&Service Demand Review(Water&Gas) 16 Utility Bills&Service Demand Review(Electrical) 12 Terminal Expansion Electrical Demand Estimating 16 Terminal Expansion Water,Sewer&Gas Demand Estimating 28 Report development 8 QA/QC 2 4 2 Subtotal-Facility Requirements Analysis 2 4 0 6 88 72 0 22 0 0 3. Engineering Support Alternatives Analysis 10 CIP Phasing 8 PMMP Draft Review 10 10 PMMP-Escorting 82 QA/QC 2 Subtotal-Engineering Support 2 0 0 10 28 0 82 0 0 0 4. Cost Estimating ROM Costs Estimates 2 40 160 QA/QC 2 Subtotal-Cost Estimating 2 0 0 2 40 0 0 160 0 0 5 SMS Audit Review existing airport SMS documentation 2 4 2 Virtual Meeting with Airport 2 2 Gap Analysis 2 12 20 Virtual Meeting to Discuss Findings 2 2 4 AMP documentation 2 4 8 Develop Implementation Plan 2 6 24 QA/QC 2 Subtotal-SMS Audit 14 30 58 0 0 0 0 0 0 1 0 6 Electrical Resiliency Administration Admin. 2 2 4 Internal Meetings/Coordination 2 2 Inventory-Site Visit Prep for site visit documents 2 8 First Site Visit-2 days 16 16 Second Site Visit-2 days 16 16 Travel Time-Air Travel 8 8 8 Teleconference interviews: Tenants/Stakeholders 2 2 Airport Staff 2 2 Airlines 2 2 FAA 2 2 Rental Car Companies 2 2 Electrical Utility 2 2 Others 4 4 Reviewing and uploading site pictures 2 2 QA/QC 2 Facility Requirements Emergency Systems 1 15 30 Electrical Equipment and feeders 1 10 20 Airport Lighting 1 10 20 Airport One-Line Diagrams 1 20 30 NEC Codes issues 1 2 8 Renewable and Alternative Power Sources 1 15 20 Risk Assesment Plan 1 10 20 Coordination with Manufacturers 1 2 6 Alternatives Preliminary Report 8 30 Preliminary Report Review-QA/QC 4 8 Final Report 2 8 Capital Improvements Cost Estimates 6 16 General Phase Recommendations 8 20 Coordination with Manufacturers 4 8 QA/QC 4 Subtotal-Electrical Resiliency 0 1 0 1 0 1 64 1 0 190 0 254 0 4 7. Project Steering Committee Support Project Steering Committee Meetings 36 Subtotal-Project Steering Committee Support 0 36 0 0 0 0 0 0 0 0 Hours 66 164 182 88 160 262 82 444 72 16 SUBTOTAL-SALARIES: $317,914.00 DIRECT NON-LABOR EXPENSES Document Printing/Reproduction/Assembly $150.00 Postage/Freight/Courier $0.00 Office Supplies/Equipment $100.00 Travel Costs $7,500.00 SUBTOTAL-DIRECT NON-LABOR EXPENSES: $7,750.00 SUBTOTAL: $325,664.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $325,664.00 TASK 11.2 - MTZ GEOSPATIAL (DBE FIRM ALL TASKS BUT FLIGHT) SUMMARY TASKS: Physical and Aerial Platform Survey to meet A/C 18b Obstruction Data Collection to Examine Part 77 Data Collection to Populate Obstacle Action Plan A-32 rrlT-z T MARTINEZ GEOSPATIAL �11010 Y A GEQ SPATIA IL SE R Vl CE F- Ft OV IUER Scope and Fee Proposal Survey, Photogrammetry&Airports-GIS Services Corpus Christi International Airport (CRP) 02/17/2023 2915 Waters Road Suite 100 Eagan, Minnesota 55121 Tel:651-686-8424 • www.mtzgeo.com Scope and Fee Proposal Corpus Christi International Airport(CRP) Survey, Photogrammetry&Airports-GIS Services 02/17/2023 PROJECT SUMMARY CLIENT Coffman Associates CLIENT CONTACT Mike Dmyterko CLIENT ADDRESS 12920 Metcalf Ave, Suite 200 Overland Park, KS 66213 PROJECT LOCATION Corpus Christi International Airport (CRP) Martinez Geospatial, Inc. (MTZ) will provide Coffman Associates with survey, remote-sensing and photogrammetry services in support of a Master Plan/ALP at Corpus Christi International Airport (CRP). The main objective of this effort will be to fulfill the geospatial data-collection requirements for supporting the update of the ALP. This proposal also includes tasks required to comply with FAA Airports-GIS program standards. All survey and photogrammetry work will be accomplished in accordance with the following Advisory Circulars: AC-150/5300-16B 16113 AC-150/5300-17C 17C AC-150/5300-18B (18113) The Airports-GIS objective for this project includes the collection/survey of both Safety-Critical and Non- Safety-Critical Data. The Safety-Critical element of the project includes Runway Ends/Thresholds & Profiles Survey, NAVAID Survey, and Airport Airspace Analysis/Obstruction Survey. The Non-Safety- Critical element of this project includes the generation of a planimetric &topographic GIS basemap of the Airport Environment and the generation of ortho-rectified aerial imagery of the Project Area. MTZ will fulfill the data collection, formatting, and delivery requirements of the FAA Airports-GIS program. In general, MTZ's approach to fulfilling the GIS requirements will be accomplishing those required tasks as outlined in Table 2-1 (Survey Requirements Matrix) of 18B, Column "Airport Layout Plan." MTZ will make maximum use of existing data within the ADIP Portal for CRP, including Obstacle Data with FAA-assigned Identifiers. PROJECT SPECIFICATIONS STATE TEXAS COUNTY NUECES PROJECT TYPE AVIATION (AIRPORTS-GIS INCLUDED) COORDINATE SYSTEM TEXAS STATE PLANE —SOUTH ZONE HORIZONTAL DATUM NAD83 VERTICAL DATUM NAVD88 (GEOIDI8) FIELD-SURVEY PROVIDED BY MARTINEZ GEOSPATIAL MAPPING SCALE 1"=100' &2' CONTOURS MAPPING FORMATS REQUIRED STANDARD CAD w/ DTM and AIRPORTS-GIS ORTHO RES & PHOTO FORMAT 0.5' GSD, TIF & SID FORMAT MTZ 1 MARTINEZ GEOS PATIAL Scope and Fee Proposal Corpus Christi International Airport(CRP) Survey, Photogrammetry&Airports-GIS Services 02/17/2023 PROJECT AREA DEFINITION The total project area consists of three major components: AREA A Airports-GIS Airspace Analysis Limits - Horizontal Limits of the applicable Obstruction Identification Surfaces (OIS) as defined in AC-150/5300-18B. AREA B Planimetric& Topographic Mapping Limit -This area defines the limit for the generation of an AGIS Basemap. AREA C Raw Obstacle Collection Limit—This area defines the limit for the collection and reporting of all prominent obstacles. PROJECT TASKS Project Planning/Project Management/FAA Airports-GIS Coordination/Field-Survey Consultation MTZ will assist Coffman in developing, submitting, and gaining approval of the "Statement of Work" for the project through the FAA Texas ADO and the FAA's Airport Data Information Portal(ADIP). MTZ will develop, submit, and gain approval of the "Aerial Photography Acquisition Report" required by the FAA Airports-GIS Program. Aerial Imagery Acquisition New color aerial imagery will be captured for all areas defined in the PROJECT AREA DEFINITION section of this proposal utilizing a high quality digital photogrammetric camera. The aerial imagery acquisition flight mission will be executed in accordance with all guidelines and specifications within FAA AC 150/5300-17C. The aerial imagery acquisition flight mission will consist of a single "block" of imagery, collected to the following specifications: IMAGERY RESOLUTION PURPOSE/USE 10cm - Raw Obstacle Data Collection - AGIS Airport Airspace Analysis - Generation of 0.50' GSD orthophotos - Plan imetric/Topographic Mapping Upon completion of the flight mission, the imagery will be reviewed through in-house Quality Assurance procedures for photogrammetric acceptability and compliance with AC 150/5300-17C requirements. 2 MARTINEZ GE.SIATIAI Scope and Fee Proposal Corpus Christi International Airport(CRP) Survey, Photogrammetry&Airports-GIS Services 02/17/2023 Establish Geodetic Control /Validate existing PACS/SACS There are currently one PACS monument and two SACS monuments published in the NGS database for the airport. Surveyors will validate/utilize these monuments to serve as the project tie to the NSRS. If the existing PACS/SACS monuments are determined to be damaged or the validation is unsuccessful the surveyors will establish temporary geodetic control points, as required. Geodetic data will be tied to the NSRS using the latest published adjustment (2011). Following are the specific PACS & SACS locations to be recovered: Station Designation PID Horizontal Vertical Datum GEOID Type Datum PACS CRP B AB3198 NAD83 2011 NAVD88 GEOID18 SACS CRP AC6292 NAD83 2011 NAVD88 GEOID18 SACS AP STA A CRP AC6413 NAD83 2011 NAVD88 GEOID18 Survey Imagery Photo Control (Field-Survey) Photo-identifiable control points and/or artificial targets will be selected or set/surveyed for use as imagery ground control. Imagery Control will be set, surveyed (properly tied to NSRS), and documented in accordance with AC-150/5300-17C and FAA Airports-GIS requirements. Ground Control data and documentation will be submitted to FAA Airports-GIS along with the AP Acquisition Report. It is anticipated that approximately 24 imagery control points will be required, along with 6 independent OPUS Checkpoints. Aero Triangulation The digital aerial imagery will be imported onto a digital photogrammetric workstation where it will be oriented with field-surveyed ground control. This procedure will establish both horizontal and vertical control for orienting individual photogrammetric models. This orientation will be accomplished using Soft Copy Aerial Triangulation methods. Create Digital Ortho Imagery Digital orthophotos will be produced to meet the requirements of Coffman and the Airport as well as to comply with the requirements of the FAA Airports-GIS Program and AC 150/5300-17C. One set of ortho imagery will be produced, covering the following defined areas and meeting the following specifications: RESOLUTION COVERAGE LIMIT 0.50' GSD AREA A Runway Survey(Field-Survey) Field Surveyors will accomplish survey of both runways at CRP (13/31 & 18/36); survey tasks will include survey of runway-end-points and runway-profiles. For each runway-end-point/threshold a monument will be set (if one is not already present), surveyed, and documented in accordance with AC- 150/5300-18B. Runway centerline and offset profiles will be surveyed utilizing mobile-RTK methodology; final profile data will be extracted at 10-foot stations for FAA Airports-GIS submission. Runway survey data will be utilized for the Obstruction Surveys/Airport Airspace Analysis task. Furthermore, MTZ will indentify Airport Reference Point, Airport Elevation, High & Low Elevations of each Runway, and Touchdown Zone Elevations for each runway utilizing the newly surveyed Runway MTZ 3 MARTINEZ GEOS PATIAL Scope and Fee Proposal Corpus Christi International Airport(CRP) Survey, Photogrammetry&Airports-GIS Services 02/17/2023 Data. Runway survey data will be properly formatted by MTZ and reported in the FAA Airports-GIS deliverable. NAVAID Survey(Field-Survey) Surveyors will accomplish field-survey of NAVAIDs serving the CRP airport. Each NAVAID will be surveyed and documented in accordance with AC-150/5300-18B. NAVAID survey data will be properly formatted by MTZ and reported in the FAA Airports-GIS deliverable. The NAVAID Survey will include the following: Airport Rotating Beacon 13 PAPI 31 PAPI 13 MALSR 31 MALSR 18 PAPI 18 MALSR 36 MALSR 13 LOC 13 DME 13 GS 31 LOC 31 DME 36 LOC 36 DME 36 GS CRP VORTAC ASOS ININDCONES ATCT Cab Floor Elevation Airport Airspace Analysis/Obstruction Surveys 18B/AGI S An Airport Airspace Analysis will be performed in accordance with AC 150/5300-18B. This task will be performed in order to comply with the requirements of the FAA Airports-GIS Program for projects involving Airport Layout Plans. All available existing obstacle data for CRP will be obtained & downloaded from ADIP; existing obstacle data (relevant to the AGIS Airspace Analysis)will be validated or updated as necessary and incorporated into this project. Existing obstacle data will be reported back to FAA through ADI P, identifiable by assigned FAA-Obstacle-I D. The Airport Airspace Analysis will meet the following specifications: RUNWAY ANALYSIS TYPE 13/31 Runways-With-Vertical-Guidance 18/36 Runways-With-Vertical-Guidance GIS Formatting of final reported 18B/ALIS obstacle data will adhere to the specifications of AC 150/5300-18B, Chapter 5 Airport Data Features. Raw Obstacle Collection—AC-13B 40:1 Departure Surface MTZ will complete raw obstacle data collection for Coffman in lieu of Part 77/TSS/OCS Analysis. The horizontal extents of the collection area are based on the dimensions of the AC-13B 40:1 Surface; in addition to the horizontal extents of the AC-13B 40:1 Surface, the collection area is expanded by connecting the corners of opposing surfaces, which provides coverage of the area underlying the Part 77 transitional surfaces (see attached exhibit). Within this defined area, MTZ will collect manmade and natural objects with no regards to penetration value. For manmade objects, all buildings, utility poles, antennas, towers, and prominent objects will be collected (small objects, such as mailboxes, posts, and utility boxes will be ignored). For vegetation, singular trees/shrubs will be collected to the extent possible/feasible. In large areas of dense vegetation, a bounding polygon will be drawn to show the MTZ 4 MARTINEZ GEOS PATIAL Scope and Fee Proposal Corpus Christi International Airport(CRP) Survey, Photogrammetry&Airports-GIS Services 02/17/2023 extents of the area. A 100-foot grid will be applied and the highest vegetation point within each grid- sector will be collected when absolutely necessary to reduce data congestion. Delivery Format - Raw Obstacle Data: DELIVERABLE DESCRIPTION AutoCAD FILE This file will contain the following pieces of data: 1) Obstruction Surface Linework 2) Obstruction X-Y-Z Points (with description, number, &elevation) 3) Obstruction Area Polygon (if applicable) 4) Obstruction Area Grid (if applicable) SPREADSHEET This file will contain the following pieces of data: (EXCEL) 0 Object type • Object number(corresponding to CAD File) • Northing/Easting/Elevation • Latitude/Longitude • Approximate AGL Height(when possible) SHAPEFILE Will contain the same linework and point data as the CAD file. The attribute data delivered in the Excel Spreadsheet will be included in the Shapefile as Object Data Attributes. Planimetric& Topographic Mapping Compilation Utilizing the aerotriangulated digital imagery, photographic stereo pairs will be oriented and compiled on digital photogrammetric workstations within AREA B. Mapping data will be compiled meeting the following specifications: PLANIMETRIC DATA SCALE 1"=100' SCALE (CLASS II STANDARDS) TOPOGRAPHIC DATA SCALE 2' CONTOUR INTERVAL (CLASS II STANDARDS) MAPPING DELIVERABLE FORMAT PLANIMETRIC FILE AUTOCAD (Other formats available upon request) CONTOUR FILE AUTOCAD (Other formats available upon request) DIGITAL-TERRAIN-MODEL FILE AUTOCAD (Other formats available upon request) The CAD products defined above will be delivered directly to Coffman for the updating of ALP drawings. 5 MARTINEZ GEOSIATIAI Scope and Fee Proposal Corpus Christi International Airport(CRP) Survey, Photogrammetry&Airports-GIS Services 02/17/2023 Mapping Edit and GIS Formatting In addition to generating mapping data in CAD formats, all collected data will be edited and formatted in the appropriate AGIS format. In terms of GIS-attributes, MTZ will be responsible for populating all geospatial-related and/or critical attributes required for upload. In general terms, the final AGIS file created by MTZ will include both Safety-Critical and Non-Safety-Critical Data. This includes the following: 1) SAFETY-CRITICAL a. Airspace AC-18B Feature AC-18B Section Obstacle 5.5.2 Obstruction Area (if applicable) 5.5.3 Obstruction ID Surface 5.5.4 b. Runway AC-18B Feature AC-18B Section Runway End 5.4.26 Runway Profile Points 5.8.6 Centerline Perpendicular Points 5.8.3 Touchdown Zone Elevation 5.8.7 Airport Elevation 5.8.2 c. NAVAIDs AC-18B Feature AC-18B Section Navigational Aids All Applicable -Group 5.10 2) NON-SAFETY-CRITICAL a. Planimetric AC-18B Feature AC-18B Section Airfield All Applicable -Group 5.4 Manmade Structures All Applicable -Group 5.10 Surface Transportation All Applicable - Group 5.13 Utilities All Applicable—Group 5.14 b. Topographic AC-18B Feature AC-18B Section Elevation Contour 5.8.10 6 MARTINEZ GE.SIATIAI Scope and Fee Proposal Corpus Christi International Airport(CRP) Survey, Photogrammetry&Airports-GIS Services 02/17/2023 Final GIS data will meet the following specifications: GIS DATA-MODEL UTILIZED FAA Airports-GIS (AC 150/5300-188, Chapter 5) GIS DELIVERY FORMAT ArcGIS Shapefile Airports-GIS Data Submission and Final Reporting All data will be formatted into compliant Airports-GIS format and prepared for submission. Prior to submission, the survey-files will be tested using the FAA's survey-file-test tool in order to ensure acceptability. A"Final Report"will be generated in accordance with Advisory Circular 150/5300-18B and submitted with the final project file. Project close-out will also consist of ensuring receipt and acceptance of the obstruction survey and digital mapping data by Coffman, the FAA and NGS. 7 MARTINEZ GE.SIATIAI Scope and Fee Proposal Corpus Christi International Airport(CRP) Survey, Photogrammetry&Airports-GIS Services 02/17/2023 DELIVERABLE SUMMARY 1)Statement of Work Report(for FAA Airports-GIS approval) 2)Aerial Photography Acquisition Report(for FAA Airports-GIS approval) 3) Raw Obstacle Data 4) Digital Ortho Imagery of AREA A(0.50' Resolution) 5)Comprehensive FAA Airports-GIS Deliverable, consisting of: A)Safety Critical Data (Runway, NAVAID, and Airport Airspace Analysis Data) B) Non-Safety Critical Data (Planimetric&Topographic Mapping) 6) Final Report(for FAA Airports-GIS approval) 8 MARTINEZ GEOSIATIAI Scope and Fee Proposal Corpus Christi International Airport(CRP) Survey, Photogrammetry&Airports-GIS Services 02/17/2023 FEE SCHEDULE It is understood that compensation for this project will be on a LUMP SUM basis. MTZ will invoice Coffman Associates monthly based on percent-complete of each work category below. The following is a proposed fee schedule based on major production processes/work category: WORK CATEGORY FEE Project Management $ 6,606.30 Production Management $ 4,440.43 Imagery Acquisition / Flight Mission $ 9,108.00 Imagery Aero-Triangulation $ 4,406.57 Ortho Imagery Production (0.50' GSD) $ 8,472.92 Planimetric/Topographic Mapping —Airport Property $ 50,223.10 Airspace Analysis /Obstruction Survey $ 18,733.05 Data Edit/GIS Formatting / FAA Compliance $ 10,754.16 Field-Survey Services $37,255.72 $ 150,000.25 TOTAL (Call it$150,000) 9 MARTINEZ GEOS PATIAL i r + » 9r Ftl r F All .• yfi 9 IL r k r ° ro Jy r. '`� '�` ,� v � � 1�1 � � fin• 4 ...-•L AA g ,,Y ■ ii Planimetric & Topographic Mapping i fi U4 "� �jj:.xx�yy4 dr" 'r l M Red Polygon - Planimetric &Topographic Mapping Limit MTZ Martinez Geospatial 2915 Waters Road Suite 100 ARTINEZ GEOSPATIAL Eagan,Minnesota 55121 M Tel:651.686.8424 Fax:651.686.8389 I • • I . I I • • ' _ jet', � , � S�. �� ._�.'+➢l.�r.hyo .__�� ..„,. ..� °,9 N •' wn Y + • 47 04, ILI wo �4. a-Ace ;, a t k 1 ,Id 5 - -in _ -.wa 41 ■ TASK 11.3 - DKMG SUMMARY TASKS: Financial Planning Tasks as outlined A-33 DKMG MEMORANDUM 6368 Cook Road Guilford,IN 47022 Ov/- Consulting LLC tel.(812)487-2547 TO: Mike Dmyterko Coffman Associates FROM: Julie A. Mattlin DATE: February 21, 2023 RE: Proposed Scope and Budget Corpus Christi International Airport Master Plan Financial Plan DKMG Consulting LLC (DKMG) is pleased to submit this proposed scope and budget to Coffman Associates to provide the financial services related to the master plan for Corpus Christi International Airport(CRP). We understand that our primary task includes preparing the financial analysis for the Master Plan. Our proposed scope and budget is presented in the following paragraphs. The financial plan of the Master Plan presents the financial assumptions which will ultimately impact facility and funding requirements. Initial assumptions and project objectives are revised to reflect changes in activity forecasts and collateral development alternatives. Elements to be refined include the types of facilities to be built or rehabilitated,the total costs of these facilities,the timing of cash flows associated with the construction of planned facilities, and financing sources and terms. The estimated demand on operating revenues and the impact on tenant rates and charges will be identified and analyzed,and recommended strategies for completing and funding the proposed projects will be presented. The preferred alternative will reflect a financial management structure in combination with a physical plan which accomplishes CRP's objectives for strategic growth, economic development,air and ground transportation services,and environmental mitigation. The following components of the financial analysis will be conducted: • Sources and uses of funds analysis- Reviewing design cost and phasing to determine both the costs and the different sources of funding for the recommendations including any portion that must be financed through bonds. • Revenue forecasting analysis- Projecting amount and timing of additional revenues from increased facilities and from activity forecasts,as well as reviewing concession tenant leases to determine if rates can be increased during the projection period. • Operating expense projections-Analyzing historical trends and the impact of new facilities on projections. 11Page DKMG Consulting uc • Cash flow analysis- Calculating net revenue projections. Also,projecting internal rates of return,net present values,and the effects of economic and financial constraints on project viability. • Debt service analysis- Determining the par amounts required for construction and or refinancing; calculation of required reserve funds,capitalized interest, and debt service coverage per the bond resolution. Once the analysis is complete, DKMG will document the results in the financial chapter of the Master Plan. Proposed Budget DKMG proposes a budget of$45,100 to complete CRP's financial plan related to the Master Plan. The following table presents the details of this budget. Bud et Consultant Role Rate per Schedule Hours* Amount J.Mattlin Principal $275 140 $38,500 R.DiCamillo Principal $275 24 6,600 Total i i 1 $45,100 *Given the nature of this assignment,itis difficultto predetermine the actual hours required by consultant. Therefore,the hours presented are estimates and may fluctuate between consultants during the assignment,however,the overall budgetamount remains the same. If you have any questions about our proposed scope or budget, feel free to give me a call. We look forward to working with you on this assignment. 2 1 P a g e February 21,2023 TASK 11.4 - HUBPOINT STRATEGIC ADVISORS (DBE FIRM) SUMMARY TASKS: Cargo Forecasting A-34 CCIA Master Plan-Scope of Work for Air Cargo Elements The primary objective of the Air Cargo elements of the Corpus Christi International Airport (CRP) Master Plan is to understand the outlook for air cargo operations at the airport through a review of the relevant air cargo market and an evaluation of industry trends at small airports.This will provide a solid base of information regarding air cargo development at CRP, while considering potential future facilities and infrastructure needs. The work will be analytical in nature and will cover all air cargo segments(general cargo, integrated express, e-commerce)via a mix of primary and secondary research. Secondary research relying on available air cargo data and market information will enable the successful completion of domestic and international air cargo market analyses. Primary research (in the form of virtual interviews with select key stakeholders) is critical due to the overall lack of detailed, publicly available data for the air cargo sector. Further, while secondary research via database analysis is valuable and necessary, it simply cannot provide the micro-level detail required to completely understand the dynamics of specific air cargo markets. The consulting team recognizes that an Air Cargo Assessment for CRP was completed in February 2021. To the extent possible, the findings of that report will be utilized in order to keep the Master Plan workflow efficient and focused on new information. Although the Air Cargo Assessment is a relatively recent piece of work, given its timing, the full impacts of the pandemic and the trends which have developed since then could not have been fully considered. Additionally, various data from that report will need to be updated, as possible, to reflect the latest available information. Importantly,the findings of the air cargo work for the Master Plan will enable development of an informed forecast of air cargo tonnage and related activity levels expected at CRP. Air Cargo Analysis The air cargo analysis for CRP will follow the methodology described below: - Review CRP's historic cargo-related data/information as well as past studies o Analyze historic air cargo statistics o Review past air cargo studies and current Master Plan - Provide overview of U.S. air cargo market trends at small airports - Evaluate CRP's current situation o Review current air services (scheduled and charters) and identify relevant aviation service providers o Assess facilities and infrastructure relevant to air cargo - Analyze the regional air cargo market via primary and secondary research o For select Texas airports, review air cargo operations and demand for a multi-year period o Review regional air cargo services (air carrier services and Road Feeder Services) o Identify major demand drivers for air cargo service o Analyze population and income trends in the Corpus Christi market o Assess available forward-looking information indicating future air cargo demand levels hubpoint ATEGIC ADVISORS - Assess U.S. operations of select integrated and e-commerce air cargo carriers (e.g. FedEx, UPS, DHL,Amazon Air) as well as forwarder-controlled networks operating at small U.S. airports o Strategy, air network, aircraft fleet o Outlook, growth plans and relevance to CRP - SWOT analysis for CRP air cargo operations - Synthesis of findings related to potential air cargo services and activity levels at CRP overtime Air Cargo Forecasts Based on the findings and synthesis from the air cargo analysis, air cargo forecasts will be developed for utilization by airport planners. Depending on the specific circumstances and the intended use, a variety of techniques can be employed in the development of air cargo forecasts. Air cargo forecasts for individual airports(especially those that are not major cargo gateway airports)are often best formulated using a service-based approach or a scenario-based approach. A service-based approach to air cargo forecasts is established under the premise that airports can only realize cargo volumes to the extent that adequate supply of air cargo capacity(from air carriers) is present and available at those airports. In fact,for an airport level forecast, supply of air cargo capacity is just as important as the"demand-pull" created by economic growth and activity. For the service- based approach,estimates of future aircraft operations(both passenger and all-cargo operations)are required to impute air cargo tonnage on those flights.The future aircraft operations are a function of historical operations at the airport as well as any forward-looking information regarding demand and related possible net new operations or anticipated changes in the profile of existing operations. The summation of cargo tonnage via this methodology,along with other assumptions and analyses, produces an airport- level air cargo forecast. A scenario-based approach to air cargo forecasts is similar to the service-based approach, but is particularly useful for airports with little history with air cargo operations and for airports pursuing specific types of air cargo development that have particular profiles from the perspective of airline operations and service patterns. As the name implies,the scenario-based approach relies on the definition of specific cargo-related scenarios at airports (including assumptions of operational details and service development over time) and the cargo volumes associated with those scenarios. While this approach can be seen as somewhat prospective, its value from a planning perspective lies in quantifying possible levels of cargo activity should those types of scenarios come to fruition. From this standpoint, it is important to ensure that the scenarios are as realistic and informed as possible, but for planning purposes, also encompass a wide-range of possible cargo air service development environments that could be experienced by an airport during the forecast period. hubpoint ATEGIC ADVISORS Forecast Output - CRP 20-year air cargo demand forecasts o Annual air cargo tonnage o Annual all-cargo aircraft operations o Aircraft fleet mix by carrier type o Scenario development for prospective CRP all-cargo services Deliverables - Written report with supporting analysis, charts and tables - 20-year air cargo demand forecasts with text write-up and summary charts, tables - Virtual meetings with Airport management and select stakeholders o Virtual meeting with CRP management o Anticipated virtual meetings with up to 8 relevant stakeholders - Interaction and coordination with Coffman Associates team regarding planning implications of findings and air cargo forecasts Pricing To complete the Scope of Work for the Air Cargo Elements of the CCIA Master Plan, Hubpoint's fees are as follows: - Professional Fees: $86,500.00 - No on-site visit to CCIA and no travel expenses are anticipated in this Scope of Work hubpoint ATEGIC ADVISORS TASK 11.5 - ALLIIANCE SUMMARY TASKS: Terminal Building Analyses A-35 Alliiance Scope of Work (SOW) March 7,2023 Corpus Christi International Airport(CRP)-Airport Planning Services—Terminal Task 1: Project Formulation • Project Scope/ Fee Preparation • Kick-off Meeting (on-site) Task 2: Existing Conditions—Terminal Area Inventory The objective of this task is to inventory the physical area of the terminal to create a baseline of existing conditions which will be utilized in subsequent tasks. This detailed inventory of space will be tabulated by key categories of functional use which will be used as a basis of comparison to future projections of space based on the prepared forecast. The following terminal areas will be documented: • Aircraft gate layout(including size and types of aircraft) • Ticketing/Check-in (including Self-Service Device vs Agent) • Airline Ticket Offices (ATO) • Baggage Screening • Outbound Baggage Makeup • TSA Security Screening Checkpoint • Gate Holdrooms • Concessions including Rental Car • Restrooms • Baggage Claim • Inbound baggage laydown • Airline/Airport Operations • US Customs & Bord Protection (FIS) • Offices (TSA, Airport Administration, Public Safety, etc.) • Terminal Maintenance and Support • Circulation The team will review existing documents including the current Airport Layout Plan (ALP), current"as- built" terminal AutoCAD/Revit plans, and any additional files applicable to the study such as passenger intercept surveys which may have already been gathered by the Airport. An onsite facility tour will aid in validation of the existing plans and provide the Team with the opportunity to conduct field observations of the various passenger processing areas and terminal operations. This will help to gain both a subjective and quantitative sense for how aircraft, passengers, and baggage are processed. Additionally, interviews with the various tenant stakeholders such as those by the Airlines, the Transportation Security Administration (TSA), Customs and Border Protection (CBP), concessionaires (food and beverage, retail, rental car), and Airport staff will be conducted to gather pertinent passenger demographics and processing rates, airline staffing policies, baggage operations and throughput, and any other key factors including but not limited to: • Passenger early arrival distributions (show up time prior to their scheduled departure time) • Passenger profiles by check-in type (i.e., Self-Service Device, Agent, Bag Drop, Online, straight to security, etc.) • Bags per passenger • Travel party size • Meeter& Greeter ratios Deliverables: A DRAFT working paper summarizing the findings of the existing terminal inventory will be provided for Airport and stakeholder review. Upon review a FINAL draft will be provided incorporating any Airport and stakeholder comments which will be included in the overall Master Plan deliverable. Task 3: Facility Requirements-Terminal Area The primary objective of this task is to develop the future facility requirements to meet the projected demand levels over the 20-year planning horizon. This will be achieved through the following: • Spreadsheet modeling will be utilized to develop space requirements for all critical components of the terminal building organized by major functional use as identified in the inventory task. The approach for developing the terminal requirements include guidance from various FAA Advisory Circulars, applicable Airport Cooperative Research (ACRP) reports, TSA guidelines for both passenger and checked baggage screening, US Customs and Border Protection design guidelines, knowledge of industry trends and the application of industry accepted planning standards. Facility recommendations in general will be based on the International Air Transport Association (IATA) Level of Service (LoS) "Optimum" standard where applicable. • A table of future terminal space demand organized by Passenger Activity Levels (PAL) will be documented which identify"trigger" points at which future demand will exceed current facility capacity. These "trigger" points will also be documented graphically by functional area identifying those areas and the time at which additional expansion is required. • Gate requirements will be developed utilizing the demand forecast as well as from any future design day flight schedules (DDFS). In the absence of DDFS, various industry standard methods will be utilized such as: annual departures per gate, annual enplanements per gate, and percent increase in annual operations. Results will be tabulated by PAL showing both quantity and mix of aircraft type required. Deliverables: A DRAFT working paper summarizing the analysis of the programs' findings as compared to existing facility capacity, including both tabular summary of space and any required graphical charts and exhibits will be provided for Airport and stakeholder review. Upon review a FINAL draft will be provided incorporating any Airport and stakeholder comments which will be included in the overall Master Plan deliverable. Task 4:Alternatives Development&Evaluation—Terminal Area The objective of this task is to develop various conceptual terminal area expansion alternatives to meet the programmatic requirements derived in the Facility Requirements task. The ultimate goal will be to identify a preferred alternative plan which forms the basis of the terminal portion of the facilities implementation plan. This will be achieved through the following: • Provide up to five (5) initial terminal site expansion alternatives for the terminal core area. This includes landside parking, curbfront, the terminal building, and aircraft gate, apron, and associated taxiway/taxilane infrastructure paying special attention to any FAA Part 77 surface restrictions. • After presenting the initial set of site alternatives, incorporate any necessary refinements, consolidation of alternatives, and the addition of any new concepts based on Airport review and comments. • Evaluate alternatives based on criteria such as operational, environmental, and financial impacts as well as those derived from any previously set goals and objectives. From this exercise a set of three (3) shortlisted alternatives will be identified and carried forward for further refinement and evaluation. • Final evaluation of the three shortlisted alternatives will be conducted using the previous set of evaluation criteria to determine the preferred alternative. • The preferred alternative will include high level colored "block" diagram plans depicting major space elements such as area for an in-line baggage screening system. Future terminal expansion development beyond the 20-year planning horizon will also be graphically documented. Deliverables: A DRAFT working paper summarizing the development of the range of alternatives, the process for evaluation, and the final recommended plan will be provided in both narrative and graphical format. Upon review a FINAL draft will be provided incorporating any Airport and stakeholder comments which will be included in the overall Master Plan deliverable. Task 5: Project Management • Biweekly Status Coordination • Project Administration/Coordination • FAA Deliverable Review Coordination Alliiance Workplan and Fee Estimate Corpus Christi International Airport(CRP)-Airport Planning Services-Terminal Alliiance (A) (B) (C) (D) )*(B)*(C)*(D) Summary by Task Travel/Per Special Amount Labor Expenses Diem Services Requested Task 1:Project Formulation $3,440.00 $0.00 $1,125.00 $4,565.00 Task 2:Existing Conditions-Terminal Area Inventory $11,780.00 $70.00 $2,250.00 $14,100.00 Task 3:Facility Requirements-Terminal Area $19,125.00 $110.00 $2,250.00 $21,485.00 Task 4:Alternatives Development&Evaluation-Terminal Area $23,490.00 $140.00 $4,500.00 $28,130.00 Task 5:Project Management $13,360.00 $80.00 $0.00 $13,440.00 Totals 1 $71,195.001 $400.00 $10,125.00 $0.00-1 $81,720.00 FPrincipal in Sr.Terminal Total Sr.Planner PM!Arch Arch Tech. Title Title Total Cost Whole Project Labor Summary Charge Designer Hours $250.00 $165.00 1 $165.00 $135.00 $90.00 for Labor Labor 494 38 144 27 144 12300 $68.225.00 Alliiance Total Principal in Sr.Planner Sr.Terminal PM Arch Arch Tech. Title Title Total Cost Task 1:Protect Formulation Charge Designer Hours $250.00 $165.00 $165.00 $135.00 $90.00 $0.00 $0.00 per Item Project Scope/Fee Preperation 7 3 2 2 $1,350.00 Kick-off Meeting(on-site) 12 2 8 2 $2,090.00 0 $0.00 Estimated Total Labor 19 5 10 0 4 0 0 0 $0.00 $3,440.00 Production Copier $0.00 $0.00 Postage and Freight $0.00 $0.00 Estimated Total Expenses $0.00 Mileage $0.00 Flights(1 person-trips) $900.00 $900.00 Hotel/Food $225.00 $225.00 Estimated Total Travel $1,125.00 Total $1250.00 $1650.00 $0.00 $540.00 $0.00 50.00 50.00 51.125.00 54,565.00 Pagel of3 3/7/2023 Alliiance Workplan and Fee Estimate Corpus Christi International Airport(CRP)-Airport Planning Services-Terminal Alliiance Principal in SrSr.Terminal PM Arch Arch Tech. Title Title Total Task 2:Existing Conditions-Terminal Area Inventory Charge .Planner Designer / Total Cost Hours $250.00 1 $165.00 $165.00 $135.00 $90.00 $0.00 $0.00 per Item Terminal Area Inventory 56 16 16 24 $6,960.00 Airport Tenants and Users Interviews 17 1 8 8 $2,650.00 Inventory Working Paper 17 1 4 4 8 $2,170.00 0 $0.00 Estimated Total Labor 90 2 28 0 28 32 0 0 $0.00 $11,780.00 Production Copier $50.00 $50.00 Postage and Freight $20.00 $20.00 Estimated Total Expenses $70.00 Mileage $0.00 Flights(2 person-trips) $1,800.00 $1,800.00 Hotel/Food $450.00 $450.00 Estimated Total Travel $2,250.00 Total $500.00 $4,620.00 $0.00 $3,780.001 $2,880.001 $0.00 $0.00 $2,320 nn $14 100.00 Alliiance Principal in Sr.Terminal Task 3:Facility Requirements-Terminal Area Charge Sr.Planner Designer PM/Arch Arch Tech. Title Title Total Total Cost Hours $250.00 $165.00 $165.00 $135.00 $90.00 $0.00 $0.00 per Item Terminal Demand-Capacity Analysis 38 3 24 1 8 2 $6,135.00 Architectural Programming Services 39 3 24 2 8 2 $6,300.00 Terminal Area Facility Requirements Working Paper 17 1 8 4 4 $2,470.00 Working Sessions/Meetings 26 2 16 8 $4,220.00 0 $0.00 Estimated Total Labor 120 9 72 3 28 8 0 0 0 $19,125.00 Production Copier $80.00 $80.00 Postage and Freight $30.00 $30.00 Estimated Total Expenses $110.00 Mileage $0.00 Flights(2 person-trips) $1,800.00 $1,800.00 Hotel/Food $450.00 $450.00 Estimated Total Travel 1 $2,250.00 Total 52.250.00 511.880.00 $495.00 $3,780.00 $720.00 $0.00 $0.00 $2,360.00 $21485.00 Page 2 of 3 3/7/2023 Alliiance Workplan and Fee Estimate Corpus Christi International Airport(CRP)-Airport Planning Services-Terminal Alliiance ",nm Sr.TerminalTask 4:Alternatives Development&Evaluation-Terminal Area Planner DesignePM/Arch ArchTech. Title Title Total Hours 165.00 $165.00 $135.00 $90.00 $0.00 $0.00 per Item Terminal Alternatives Development and Evaluation 138 6 16 16 30 70 $17,130.00 Alternatives Working Paper 15 1 6 4 4 $2,140.00 Working Sessions/Meetings 26 2 16 8 $4,220.00 0 $0.00 Estimated Total Labor 179 9 20 16 42 74 0 0 0 $23,490.00 Production Copier $100.00 $100.00 Postage and Freight $40.00 $40.00 Estimated Total Expenses $140.00 Mileage $0.00 Flights(2 person-trips) $3,600.00 $3,600.00 Hotel/Food $900.00 $900.00 Estimated Total Travel $4,500.00 Total $2 250.00 $3,300.001 $2,640.001 $5,670.001 $6,660.00 $0.00 $0.00 $4 640.00 $28,130.00 Alliiance Task 5:Project Management Total ChPrincipaargel in Sr.Terminal Sr.Planner Designer PM/Arch Arch Tech. Title Title Total Cost Hours $250.00 $165.00 $165.00 $135.00 $90.00 $0.00 $0.00 per Item Biweekly Status Coordination 46 6 8 8 16 8 $7,020.00 Project Administration/Coordination 34 6 4 24 $5,400.00 FAA Deliverable Review Coordination 6 1 2 2 1 $940.00 0 $0.00 Estimated Total Labor 86 13 14 8 42 9 0 0 $0.00 $13,360.00 Production Copier $60.00 $60.00 Postage and Freight $20.00 $20.00 Estimated Total Expenses $80.00 Mileage $0.00 Flights(0 person-trips) $0.00 $0.00 Hotel/Food $0.00 $0.00 Esfimated Total Travel $0.00 Total 1 $3,250.001 $2,310.001 $1,320.001 $5,670.001 $810.00 so-O-OF $0.00 $80.00 $13,440.00 Page 3 of 3 3/7/2023 TASK 11.6 - APPLIED PAVEMENT TECHNOLOGY SUMMARY TASKS: Pavement Condition Inspections PCR Calculations PAVER Customization and Analysis Pavement Maintenance Plan (Airside and Primary Terminal Roads as indicated) A-36 CORPUS CHRISTI INTERNATIONAL AIRPORT 2023 PAVEMENT MANAGEMENT PROGRAM UPDATE PROPOSED SCOPE OF SERVICES Project Overview As part of the Corpus Christi International Airport(CLIA) Master Planning study being conducted by Coffman Associates (Coffman) for the City of Corpus Christi, Applied Pavement Technology, Inc. (APTech) has been asked to provide a Scope of Services for updating the Pavement Management Program (PMP) for the airfield and select landside roadway pavements. As part of this proposed effort, APTech will review relevant pavement records, use this information to update the PAVER pavement management database and develop associated maps, perform Pavement Condition Index (PCI) inspections, determine runway Pavement Classification Ratings (PCRs), determine maintenance and rehabilitation (M&R)needs, develop a recommended rehabilitation plan, and prepare a project report. The project limits for this proposed update, which are illustrated in the appended Exhibit A, includes approximately 7.8 million square feet of airfield pavement and 600,000 square feet of roadway pavement. Work will be performed in accordance with the following standards and software: • Federal Aviation Administration (FAA) Advisory Circular 150/5380-713,Airport Pavement Management Program (PMP) • FAA Advisory Circular 150/5380-6C, Guidelines and Procedures for Maintenance of Airport Pavements • ASTM Standard D5340-20, Standard Test Method for Airport Pavement Condition Index Surveys • ASTM Standard D6433-20, Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys • FAA Advisory Circular 150/5335-5D, Standardized Method of Reporting Airport Pavement Strength PCR • FAA's FAARFIELD pavement design software • PAVER(version 7)pavement management software This document outlines APTech's proposed Scope of Services, including a detailed description of the tasks to accomplish this effort. Scope of Services Task 1. Project Meetings and Coordination This task includes staff scheduling and coordination,project communications, monthly progress reporting and invoicing, and other important elements of managing a successful project. Upon Notice to Proceed(NTP), APTech will begin discussions with Coffman and airport staff regarding schedule, airport access, and other security and airport operational items, in preparation for the on-site inspections. Project objectives, schedule, and deliverables will be reviewed to ensure that everyone has a clear understanding of the expectations from this project. Applied Pavement Technology, Inc. 1 Corpus Christi International Airport 2023 PMP Update February 22, 2023 In particular, coordination and timing of the PCI inspections will be discussed, as well as airport access and other security and operational logistics. A project contact list will be created and distributed, and the chain of communication will be established for daily field work updates. This initial coordination will be completed via tele- or web-conferencing and email communication. A project meeting will be held at the airport's facilities immediately prior to starting the field work. Access to the pavements and daily coordination of the fieldwork activities will be reviewed. APTech's PCI inspectors will attend this meeting in person. Additional meetings will be held virtually as needed throughout the project. Task 2. Records Review The collection of pavement construction history and traffic information will begin immediately following the project kick-off. Available pavement construction, rehabilitation, and maintenance history information will be collected and reviewed, focusing on work completed since the previous PMP project. Records of interest include the type of work performed, the extents of each project, and the date the work was completed. Material types and thicknesses along with subgrade strengths for the runway pavements will also be obtained as required inputs for PCR calculations. Sources of this information may include construction plan drawings, engineering/design reports, and past pavement evaluation or geotechnical investigations. APTech will reference and build on any information from previous PMPs (if available) and will incorporate updated construction history data into PAVER. Pavement records are to be provided electronically by airport staff or Coffman. Detailed traffic information is also required for PCR calculations. The aircraft traffic data needed for the analysis include aircraft types, operating weights (maximum takeoff weights will be used if unknown), number of annual departures, and anticipated changes in operations over the 20- year analysis period. APTech will work closely with Coffman and airport staff to obtain the required information. Task 3. Network Definition and Mapping Based on a review of records, APTech will update the pavement network definition, including the development of a landside roadway network. The airfield and roadway networks will be divided into unique branches (with each runway, taxiway, apron, or roadway representing a branch), sections (areas with distinct pavement type, age, traffic, and overall condition), and sample units in accordance with FAA and ASTM guidelines and will serve as the basis for the PCI inspections. Branch, section, and sample unit boundaries will be shown on a network definition map. APTech will update the PAVER database following development of the network definition map. The network definition map will be field verified during the PCI inspections and modified to reflect any changes identified, with details in PAVER also updated as needed. Upon completion of the pavement inspection, APTech will develop a PCI map. APTech will also develop maps presenting runway PCR results and rehabilitation recommendations over the next 5 years. These maps will be included in the project report. Applied Pavement Technology, Inc. 2 Corpus Christi International Airport 2023 PMP Update February 22, 2023 Task 4. Pavement Condition Inspections A visual inspection of the airfield and roadway pavements will be performed following the previously mentioned FAA and ASTM guidance. APTech will use the sampling rate presented in table 1 for airfield pavements and the sampling rate presented in table 2 for roadway pavements, which target a 95 percent confidence level. In addition to inspecting the sample units selected through random sampling, any unique or isolated pavement situations will be identified as an additional sample unit and inspected, in accordance with ASTM standards D5340 and D6433. Digital photographs will also be taken, with embedded GPS coordinates, to record both typical and atypical distresses. Table 1. PCI inspection sampling rate for airfield pavements. Concrete Pavement Asphalt-Surfaced Pavement Total Number of Total Number of Sample Units in Number of Sample Units in Number of Pavement Sample Units to Pavement Sample Units to Section (N) Inspect(n) Section (N) Inspect(n) 13 all 1 3 all 4 3 4 3 57 4 59 4 8 10 5 10 20 5 1116 6 21 30 6 17 28 7 31 70 7 29-64 8 >70 10%,but< 17 65 90 9 >90 10%,but<32 Table 2. PCI inspection sampling rate for roadway pavements. Concrete Pavement Asphalt-Surfaced Pavement Total Number of Total Number of Sample Units in Number of Sample Units in Number of Pavement Sample Units to Pavement Sample Units to Section (N) Inspect(n) I Section (N) Inspect(n) 1 -3 all 1 –3 all 4-7 3 4-9 3 8- 16 4 10-20 4 17-28 5 21 -30 5 29-64 6 31 -70 6 65-90 7 71 - 150 7 91 - 150 8 151 -200 8 151 -200 9 >200 9 >200 10 During the PCI inspections, APTech will enter the distress data directly into PAVER using tablet computers, allowing preliminary PCIs to be verified while on site. Following the inspections, all data entry will be carefully error-checked to confirm information stored in PAVER is accurate and consistent with the information collected throughout the project. Applied Pavement Technology, Inc. 3 Corpus Christi International Airport 2023 PMP Update February 22, 2023 APTech's proposed services assume the following: • APTech's inspectors will be escorted on airfield pavement by a team member(Garver, under direct contract with Coffman)who has an airfield badge with movement-area driving privileges. • Traffic control for the landside roadways will be provided by a specialized, local firm (either Highway Barricades & Services [haps://www.hbstexas.coml or Safety First Traffic Solutions [haps://www.safeiyfirsttraffic.com] is proposed under direct contract with APTech). • The pavement inspections will take place during daylight hours without the need for artificial lighting. • The inspections can be completed by two APTech inspectors in 9 consecutive days (7 days for airfield pavements and 2 days for roadway pavements), allowing for 9 hours of access per day. Task 5. PCR Calculations Key inputs for PCR calculations include pavement layer information (thickness and strength), subgrade support, and aircraft traffic details. It is assumed pavement and subgrade information and traffic details applied for PCR calculations will be provided by airport staff as part of task 2 (records review). No testing is included to determine pavement and subgrade information. APTech will calculate the PCR of each runway pavement section in accordance with FAA Advisory Circular 150/5335-5D and using the FAA's FAARFIELD software. The resulting values will be compared with the Aircraft Classification Rating (ACR) of the analyzed aircraft to identify if any aircraft are overloading the existing structures. A single PCR will be recommended as the value to publish for each runway. Additionally, aircraft loads for applicable gear configurations will be correlated with the resulting PCRs and will also be reported. Task 6. PAVER Customization and Analysis The PCI data collected during this project will be analyzed within PAVER to determine the overall condition in terms of a PCI value for each pavement section. Types of distress, cause(s) of pavement deterioration, and rate of deterioration will also be assessed and presented. To get the most out of the PMP, APTech will customize the PAVER database and use the maintenance and rehabilitation (M&R)planning tools in the software to determine work needs. APTech will develop performance prediction models to predict future conditions and timing of recommended rehabilitation projects over the next 5 years. APTech will also work closely with Coffman and airport staff to determine customized M&R analysis inputs, such as critical PCIs (the point at which rehabilitation should be considered instead of preventive maintenance), preventive maintenance policies, and unit costs for maintenance and rehabilitation activities, so that it reflects the plans and policies under which the Airport operates. The PCI results, along with the customized M&R analysis inputs, will be used to identify maintenance needs based on current distresses and rehabilitation needs over the next 5 years. By considering various rehabilitation budget scenarios, the implications on pavement condition of not assessing these needs will also be determined. Applied Pavement Technology, Inc. 4 Corpus Christi International Airport 2023 PMP Update February 22, 2023 APTech will perform PAVER GIS linking as part of the customization activities. The GIS link within PAVER correlates database information (such as section names, surface types, ranks, current PCIs,projected PCIs, and so on)with associated maps. This link increases accessibility of the information stored in the database and facilitates the communication of the pavement management data and analysis results to others. The shapefiles associated with PAVER through this GIS linking are embedded with the key information from the database, such that these files can be opened using external GIS software to retrieve and display this information. Task 7. Rehabilitation Recommendations The results of the PAVER M&R analysis will be used as a starting point for developing a 5-year recommended rehabilitation plan. The PAVER analyses will serve as a basis for developing a recommended rehabilitation plan and will be adjusted to organize work into logical project groupings. Specific distress types that are occurring, as well as results of the runway PCR calculations, will also be considered when developing the recommendations. A virtual meeting is proposed at the start of this task to discuss the PCI results and preliminary rehabilitation recommendations with Coffman and airport staff. The discussion will focus on factors other than pavement condition that might affect the recommended plan, such as safety requirements,phasing needs, construction feasibility, funding constraints, and projects that are already programmed for work. The recommended plan will be adjusted to account for these factors. Task 8. Report Preparation APTech will prepare and submit a detailed report that documents the methodologies and analysis results of the PMP, as well as the recommended maintenance and rehabilitation work. Maps presenting the pavement network, PCI results, runway PCRs, and rehabilitation recommendations will be included. The draft report will be provided electronically (in PDF format)to Coffman and airport staff for review and comment. A final report will be prepared, which will address any comments (also submitted electronically. The PAVER database, maps, and distress photos will be also provided as electronic deliverables. Applied Pavement Technology, Inc. 5 r y A? t" j � x t x i Q applied pavement TECHNOLOGY City of Corpus Christi A v �aRFE1LD "'" Corpus Christi International Airport —P.x—,3 - _ Project Extents Map -te.eoz3 ""FEe�zoz3 �E� zon-mz-nnnoi 1.]W ��FEB.2623 SARK w"ARK —(S1P—P." I••]-9COPE3 --Ex III Corpus Christi International Airport 2023 Pavement Management Program Update Coffman and Associates March 03,2023 Estimated Labor Hours /o Name Title/Role Task 1 I Task 2 1 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Total Time Monty Wade Principal-In-Charge 2 4 6 0 Katherine Gauthier Project Manager 28 16 8 20 24 52 36 32 216 10 Gen Long Senior Engineer,QC 2 2 2 12 8 8 8 42 2 Mir Arefin Engineering Associate III 2 28 4 120 40 12 12 52 270 13 Konrad Kepka Engineering Associate I 2 112 114 5 Trent Montgomery Mapping QC 2 4 6 0 Tyler Noel Technical Editor 2 2 0 Aric Foster Mapping 60 8 4 8 8 4 92 4 Jessica Snyder Graphic Designer 2 2 0 Total APTech Hours 36 461 741 2621 Sol Sol 641 108L 750 Estimated Labor Costs Loaded Name Title/Role Task 1 1 Task 2 1 Task 3 1 Task 4 1 Task 5 1 Task 6 Task 7 Task 8 Total Rate Montv Wade Principal-In-Charge $650 $1,300 $1,950 $325.00 Katherine Gauthier Project Manager $4,480 $2,560 $1,280 $3,200 $3,840 $8,320 $5,760 $5,120 $34,560 $160.00 Gen Long Senior Engineer,QC $590 $590 $590 $3,540 $2,360 $2,360 $2,360 $12,390 $295.00 Mir Arefin Engineering Associate 111 $260 $3,640 $520 $15,600 $5,200 $1,560 $1,560 $6,760 $35,100 $130.00 Konrad Kepka Engineering Associate I $220 $12,320 $12,540 $110.00 Trent Montgomery Mapping QC $290 $580 $870 $145.00 �Tvler Noel Technical Editor $180 $180 $90.00 Aric Foster Mapping $6,900 $920 $460 $920 $920 $460 $10,580 $115.00 Jessica Snyder Graphic Designer $270 $270 $135.00 Total APTech Direct Labor JADE) _$6_,2_0_0T_$6,79 0 $8,9901 $32,630 1 $133,0401 $133,1601 $10,600 $17,030 $108,440 Estimated Other Direct Costs r.it Other Direct Costs Task 1 Task 2 Task 3 1 Task 4 1 Task 5 1 Task 6 1 Task 7 Task 8 Total I Rate Materials and Services 1 $501 1 1550 Travel $6,332 56.333 Subcontractor-- Traffic Control for Roadwav Inspections 1 $5,000 1 1 55.0011 Total Other Direct Costs(TODC) 1 1 $11,382 511.383 Estimated Overall Cost Overall Cost Summarc Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Total Total APTech Direct Labor(TADL) $6,200 $6,790 $8,9901 $32,6301 $13,0401 $13,1601 $10,600 $17,030 8108. 0 Total Other Direct Costs(TODC) 1 1 $11,3821 1 1 1 11511,383 TOTAL ESTDMATED COST AND ODC FEE 11 $6,2001 $6,7901 $8,9901 $44,0121 $133,0401 $13,160 $10.600 $17,030 5119.833 TASK 11.7 - PARKH I LL SUMMARY TASKS: landside Development Planning A-37 Parkhill July 13, 2023 Mr. Mike Dmyterko, President Coffman Associates 12920 Metcalf Ave, Suite 200 Overland Park Kansas 66213 RE: Proposal for Professional Services - REVISED Airport Master Planning Services Corpus Christi International Airport Dear Mr. Dmyterko: Parkhill is pleased to have the opportunity to provide this proposal for Nonaeronautical Development Planning Services to Corpus Christi International Airport for Airport Master Planning Services. SCOPE OF SERVICES The Scope of Services is to provide Nonaeronautical Development Planning Services (further defined in Exhibit A). Services specifically excluded from our Scope of Services include but are not limited to: • Water and Sanitary System Modeling Effort • Subsurface Utility Engineering • Cut/Fill Analysis of Earthwork • Full topographic survey • Signed and Sealed Boundary Survey • Texas Department of Transportation permitting or Traffic Impact Analysis • Final and Recording components of Platting process COMPENSATION Our fee for Scope of Services described herein will be based on a lump sum amount of$83,500 and billed on a percentage complete method. Task 1 —Creation of Land Use Plan $15,000 Task 2—Creation of Specification Sheets / Existing Utility Analysis $50,500 Task 3—Airport Layout for Existing & Future Landside Development $18,000 Task 4— Implementation of Solar Energy or Micro rids N/A Total Fee $83,500 255 North Center Street Suite 200 Arlington,Texas 76011 817.649.3216 Parkhill,com Coffman Associates 2 July 13, 2023 Airport Master Planning Services If this proposal meets your expectations, you may indicate your acceptance by returning a signed copy to our office. Upon receipt, we will wait to receive your Agreement and consider receipt of executed document as authorization to proceed. We appreciate the opportunity to provide you with professional services and look forward to successful completion of your Project. For questions, please contact me directly at ccoons(a-)parkhill.com or 317.331.7751. Sincerely, Accepted, PARKHI COFFMAN ASSOCIATES 1 Accepted By: hri opher D. oons, Senior Pr Manage Title: Date: By ark Haberer, P. ., C.M. Director of Aviation, Principal CDC/dg End A:\2022\40405.22\00_ADMI N\00_CONTR\00_FEE\DRAFT\MDmyterko-CRP_AMP_ProposalLetter_2023.07.13.docx EXHIBIT A SCOPE OF SERVICES - PARKHILL for Corpus Christi International Airport Corpus Christi, Texas Airport Master Planning Services INTRODUCTION This scope of services for Corpus Christi International Airport (CRP) will provide a detailed element and task description of study efforts.Airport Master Planning Services objective is to provide CRP and the City of Corpus Christi with a plan for non-aeronautical development on airport property. A. General/Airport Planning 1. Research history of Corpus Christi International Airport. 2. Create Asset Management Plan for aging infrastructure using operating and capital budget sources. 3. Recommend land acquisitions for future growth. 4. Create Pavement Management and Maintenance Program for all movement and non- movement surfaces on airfield. 5. Review and recommend Rates and Charges as part of the Financial Feasibility Analysis. 6. Conduct gap analysis and recommend actions to meet projected demand from industry electrification on landside and airside infrastructure, to include electrical infrastructure sources and overall grid condition/capacity. 7. Recommend sustainability-focused implementation actions and plans. 8. Responsibilities: a. Consultant: Parkhill not responsible for this task. b. Sponsor: N/A 9. Product: N/A B. Terminal Development 1. Methods to introduce a second public elevator. 2. Triggers for concourse expansion, to include a second set of concourse restrooms. 3. Planning for in-line baggage system in 5-year ACIP (Airport Capital Improvement Program). 4. Responsibilities: a. Consultant: Parkhill not responsible for this task. b. Sponsor: N/A 10. Product: N/A EXHIBIT A 1 July 13, 2023 C. Aeronautical Development 1. Aeronautical development and use of land adjacent to Taxiway Q. 2. Air cargo development. 3. Aeronautical development on east edge of airfield. 4. Aeronautical development on southwest portion of airfield. 5. Responsibilities: a. Consultant: Parkhill not responsible for this task. b. Sponsor: N/A 6. Product: N/A D. Urban Air Mobility 1. Develop a vertiport to support advanced air mobility (AAM) or urban air mobility(UAM). 2. Designated location for unmanned aerial systems (UAS) operations. 3. Responsibilities: a. Consultant: Parkhill not responsible for this task. b. Sponsor: N/A 4. Product: N/A E. Nonaeronautical Development 1. Create a Land Use Plan for all landside property and potential nonaeronautical development uses. a. Existing Land Use: Review existing GIS land use maps, aerial photography, general plans, existing easements, and other documentation of existing land use in the study area. A windshield survey will be conducted as needed to verify land uses that cannot be determined with aerial photography. Anticipated land uses to be mapped include residential, commercial, industrial, institutions, open space, and services (police/fire/etc.). Data will be obtained for the entire study area. 1) Responsibilities: a) Consultant: Parkhill will provide support to Coffman for this task. b) Sponsor: Furnish Consultant with land use maps and data, as available. Review land use map. 2) Product: Existing land use map and land use data for input to later tasks. b. Future Land Use Controls and Plans: Review existing zoning ordinances, subdivision regulations, building codes, land use, and transportation plans, area capital improvement programs, and other documentation of land use management in the study area. Tables and exhibits of the zoning, future land use plan designation, and improvement project information will be prepared. 1) Responsibilities: a) Consultant: Parkhill will provide support to Coffman for this task. b) Sponsor: Review. 2) Product: Tables and exhibits for analysis in later tasks. EXHIBIT A 2 July 13, 2023 c. Land Use Development Trends: Assess the land use growth trends in the study area. Checks will be made of the historical market conditions, current development activities, existing infrastructure, natural constraints, and prevailing regulations to understand potential short-term and ultimate uses of land within the study area. 1) Responsibilities: a) Consultant: Parkhill will provide support to Coffman for this task as it relates to nonaeronautical land. b) Sponsor: Review. 2) Product: An understanding of land use growth trends and requirements in study area. d. Prepare Conceptual Site Plan: Based on information obtained in Tasks E.1.a, E.1.b, and E.1.c, a conceptual site plan will be developed for the non-aeronautical parcels on CRP property. This conceptual site plan is anticipated to include proposed parcel lines, rights-of-way, street alignments, utility service routing, drainage, and any related easements. Planned access to adjacent local and state highways will be coordinated with the appropriate officials. A preliminary evaluation of the earthwork will be performed to assess efficient layout options based on the topography provided in Task E. 1.a. 1) Responsibilities: a) Consultant: Coffman Associates and Parkhill will be responsible for this task. b) Sponsor: Review. 2) Product: Draft Conceptual Site Plan e. Draft Land Use Plan Report: A report summarizing the work done under Task E.1 will be prepared. This will include narrative and graphic presentation of the analyses and evaluations conducted, and explanation of results. 1) Responsibilities: a) Consultant: Coffman Associates is responsible for completing the narrative and graphics for the report and distribution to the PAC and Sponsor.The report paper will be sent one week prior to the PAC meeting via U.S. priority mail. b) Sponsor: Review and comment. 2) Product: A report summarizing the work done under Task E.I. Up to 25 copies will be printed for distribution to PAC and Sponsor. PDF versions of the report will also be provided on a USB drive. f. Final Land Use Plan Report: Based on comments received during the second PAC meeting, a revised report summarizing the work done under Task E.1 will be prepared. This will include a narrative and graphic presentation of the analyses and evaluations conducted, and an explanation of the results. 1) Responsibilities: a) Consultant: Coffman Associates is responsible for completing the narrative and graphics for the report and distribution to the PAC and Sponsor.The report paper will be sent one week prior to the PAC meeting via U.S. priority mail. b) Sponsor: Review and comment. 2) Product: A revised report summarizing the work done under Task E.I. Up to 25 copies will be printed for distribution to the PAC and Sponsor. PDF versions of the report will also be provided on a USB drive. EXHIBIT A 3 July 13, 2023 2. Create specification sheets for each parcel of available land, including analysis of present utilities. a. Specification Sheets: Create a document for each parcel of available land that provides pertinent information about the size of tract, existing utilities, roadway access, and any height restrictions. 1) Responsibilities: a) Consultant: Parkhill is responsible for this task. b) Sponsor: Review. 2) Product: Parcel specification sheets. b. Infrastructure Analysis:Assess the existing infrastructure in the study area based on the information provided in Task E.I. Parkhill will develop high-level future loading on utility(water and sanitary sewer) systems. Parkhill will assess existing sanitary sewer infrastructure and prepare a preliminary layout for extending sanitary service to the development areas by evaluating slope and depth of line in relation to the topographic data provided in Task E.I. Potential short-term and ultimate infrastructure improvements planned within the study area will be noted and mapped, if possible. All data will be coordinated with the City of Corpus Christi Public Works Department. In addition to water and sanitary sewer infrastructure, Parkhill will coordinate with franchise utility providers (communications, electric and gas) and determine availability, potential service demands, easement needs, new service routing and potential cost associated with extending service throughout the development areas. 1) Responsibilities: a) Consultant: Parkhill is responsible for this task. b) Sponsor: Assist with coordination of water system flow test(s)and Public Works coordination meeting. Review data and recommendations. 2) Product: An understanding of existing and future infrastructure in the study area relative to anticipated demand. c. Preliminary Plat Map: Review of deed information and performance of a field survey to establish the metes and bounds of the development areas will be performed to support the preliminary plat process. A preliminary plat map will be prepared based upon the final land use plan concept. Associated forms and supporting material will also be prepared for submission to the City of Corpus Christi for approval. Attendance for up to two meetings are included in this task. 1) Responsibilities: a) Consultant: Parkhill is responsible for completing this task and attending up to two meetings with the City. b) Sponsor: Review and comment. 2) Product: Metes and Bounds survey of development areas, Preliminary Plat Map, and attendance at up to two approval meetings. EXHIBIT A 4 July 13, 2023 3. Airport layout for existing and future landside development including transportation and circulation layouts. a. Description: Based on the data collected and coordination with local public works officials, assess existing transportation network, circulation, and accessibility in the study area. Potential short-term and ultimate transportation, circulation and accessibility improvements planned within the study area will be noted and mapped, if possible. 1) Responsibilities: c) Consultant: Parkhill is responsible for this task. d) Sponsor: Review. 2) Product: An understanding of existing and future transit, circulation, and accessibility conditions in the study area. 4. Implementation of solar energy or microgrids, on airfield or landside property a. Description:An assessment of the implementation/creation of sustainable energy sources (solar) on airport property will be performed to provide CRP with a pathway to resiliency. 1) Responsibilities: e) Consultant: Parkhill not responsible for this task. f) Sponsor: N/A. 2) Product: N/A. EXHIBIT A 5 July 13, 2023 EXHIBIT B - PROPOSED FEE SHEET EXHIBIT B-PROJECT COST CORPUS CHRISTI INTERNATIONAL AIRPORT(CCIA) Airport Master Plan Coffman Associates(Hourly Rates and Expenses) Senior [ [Te c hnical/ Principal Professional Professional Support Total $303 $279 $166 $118 Labor Expenses Total STUDY • AND ORGANIZATION 1.1 Study Design 4 4 4 8 $3,936 $0 $3,936 1.2 Establish Technical Advisory Committee and Kick-Off Meeting 8 8 8 8 $6,928 $2,500 $9,428 1.3 Develop and Maintain Project Website 0 8 36 48 $13,872 $0 $13,872 1.4 Project Management-ProjectScoping/budgeting 0 4 8 8 $3,388 $0 $3,388 1.5 Project Management-Billing and Contract Management 4 8 12 12 $6,852 $0 $6,852 1.6Project Management-Project Coordination with Sponsor 24 80 40 36 $40,480 $7,500 $47,98 1.7 Project Management-Subconsultant Management/Coordination 241 811 1601 160 $75,032 $0 $75,032 Element 1 Subtotal 1 641 1921 2681 280 $150,4881 $10,0001 $160,488 INVENTORYOF • • • 2.1 Inventory Airport Facilities(On Site Visit Combined with Kick-off) 1 121 121 121 8 $9,920 $0 $9,920 2.2 Inventory Commercial Airline,Air Traffic,and Airspace 1 01 41 41 4 $2,252 $0 $2,252 2.3 Inventory Local Plans,Land Uses,and Demographic Data 0 4 4 4 $2,252 $0 $2,252 2.4 Obtain Tabulated Wind Data 01 01 01 4 $472 $0 $472 2.5 Environmental Inventory 1 01 81 121 18 $6,348 $0 $6,34 Element 2 Subtotal 1 121 281 321 38 $21,244 $0 $21,244 AVIATION •• 3.1 Review Regional Aviation and Socioeconomic Forecasts 1 01 41 41 8 $2,724 $0 $2,72 3.2 Prepare Aviation Demand Forecasts 8 36 48 48 $26,100 $0 $26,10 3.3 Identify Existing and Future Airport Design Critical Aircraft 4 12 12 16 $8,440 $0 $8,44 3.4 Prepare Phase IReport(15 Copies with Workbooks) 8 12 24 36 $14,004 $1,125 $15,129 3.5 Conduct TAC Meeting#2 and Public Workshop#1 81 8 8 16 $7,8721 $2,500 $10,372 Element 3 Subtotal 1 281 721 961 124 $59,140 $3,6251 $62,765 ELEMENT 4-FACILITY REQUIREMENTS 4.1 Establish Physical Planning Criteria 1 01 121 121 12 $6,7561 $01 6,756 4.2 Determine Airfield Capacity and Delay 1 41 161 181 16 $10,552 $0 $10,552 4.3 Prepare Airfield Facility Requirements 1 81 121 241 36 $14,004 $0 $14,00 4.4 Prepare Landside Facility Requirements 1 81 161 241 36 $15,120 $0 $15,12 Element 4 Subtotal 1 20 561 781 100 $46,432 $0 $46,432 AIRPORT •• 5.1 Establish Alternative Development Issues 4 8 8 85 $14,802 $0 $14,802 5.2 Evalautate Potential Airside Alternatives 4 36 48 36 $23,472 $0 $23,472 5.3 Identify Potential Landside Altneratives 4 24 36 36 $18,132 $0 $18,132 5.4 Prepare Phase II Report(15 Copies) 4 12 24 36 $12,792 $1,125 $13,917 5.5 Conduct TAC Meeting#3 and Public Workshop#2 8 8 8 16 $7,872 $2,500 $10,372 Element 5 Subtotal 1 241 881 1241 209 $77,0701 $3,6251 $80,695 RECOMMENDED 6.1 Recommended Master Plan Concept 16 24 36 36 $21,768 $0 $21,768 6.2 Prepare Aircraft Noise Exposure Contours 0 16 24 24 $11,280 $0 $11,28 6.3 Land Use Controls and Plans 0 8 8 12 $4,976 $0 $4,976 6.4 Non-compatible Land Use Analysis 0 8 8 16 $5,448 $0 $5,448 6.5 Land Use Management Techniques 0 8 8 12 $4,976 $0 $4,976 6.6 Environmental Overview(NEPA) 8 12 24 36 $14,004 $0 $14,00 6.7 Waste Recycling Plan 1 01 24 36 48 $18,336 $0 $18,336 Element 6Subtotal 24 100 144 184L ..$80,788 $0 $80,788 ELEMENT 7-FINANCIAL MANAGEMENT •DEVELOPMENT PROGRAM 7.1 Prepare Airport Development Schedules and Cost Estimates 1 01 81 121 16 $6,112 $0 $6,112 7.2 Prepare Capital Program and Financial Plan 0 24 36 36 $16,920 $0 $16,92 7.3 Perfrom Financial Analysis 0 8 8 8 $4,504 $0 $4,50 7.4 Prepare Phase III Report(15 Copies) 4 12 24 36 $12,792 $1,125 $13,917 7.5 Conduct TAC Meeting#4 and Public Workshop#3 81 8 8 16 $7,8721 $2,500 $10,372 Element 7 Subtotal 1 121 601 881 112 $48,2001 $3,6251 $51,825 ELEMENT 8-GEOGRAPHICAL INFORMATION SYSTEM(GIS)AND DATA COLLECTION SERVICES 8.1 FAAAIRPORTS GIS COLLECTION and Input Into FAA System 1 41 161 161 36 $12,580 $0 $12,58 8.2 JALP Data Collection,OAP and Part 77 Airspace Analyses/AIRS Setup 1 161 401 721 96 $39,288 $0 $39,288 Element 8 Subtotal 20 56 88 132 $51,868 $0 $51,868 AIRPORT • 9.1 Airport Layout Plan Drawing 4 4 8 96 $14,984 $0 $14,98 9.2 Terminal Area Drawing(s) 0 4 0 24 $3,948 $0 $3,948 9.3 Part 77,Approach and Inner Surface Plan Drawings 0 8 8 84 $13,472 $0 $13,472 9.4 Departure Surface Drawings 0 4 8 36 $6,692 $0 $6,692 9.5 Airport Property Map to FAA S.O.P.3.0(Meet Part 163 Reqs) 0 8 24 40 $10,936 $10,000 $20,93 9.6 On-Airport Land Use Plan 0 4 0 16 $3,004 $0 $3,00 9.7 Preparation of Draft ALP Drawing Set 4 8 8 16 $6,660 $1,200 $7,86 9.8 Preparation of Final ALP Drawing Set 4 4 16 16 $6,8721 $1,2001 $8,072 Element 9Subtotal 1 121 441 721 328 $66,568 $12,4001 $78,968 REPORTSELEMENT 10-FINAL 10.1 Prepare Draft Final Master Plan Reports(10 Copies) 41 161 161 24 $11,1641 $1,50011 $12,66 10.2 jObtain Master Plan Approvals(On-site Presentation) 1 81 121 81 12 $8,5161 $2,5001 $11,016 10.3 jPrepare Final Master Plan Reports(10 Copies) 1 41 161 161 36 $12,5801 $1,5001 $14,08 Element 10 Subtotal 1 161 441 401 72 $32,2601 $5,5001 $37,760 COFFMAN ASSOCIATES PROJECT SUMMARY ELEMENT 1-STUDY DESIGN AND ORGANIZATION 64 192 268 280 $150,488 $10,000 $160,488 ELEMENT 2-INVENTORY 12 28 32 38 $21,244 $0 $21,24 ELEMENT 3-FORECASTS 28 72 96 124 $59,140 $3,625 $62,765 ELEMENT 4-FACILITY REQUIREMENTS 20 56 78 100 $46,432 $0 $46,432 ELEMENTS-ALTERNATIVES 24 88 124 209 $77,070 $3,625 $80,695 ELEMENT 6-RECOMMENDED PLAN/LAND USE/ENV 24 100 144 184 $80,788 $0 $80,788 ELEMENT 7-FINANCIAL PLAN 12 60 88 112 $48,200 $3,625 $51,825 ELEMENT 8-GIS 201 561 881 132 $51,868 $0 $51,868 ELEMENT 9-ALP DRAWINGS 121 441 721 328 $66,5681 $12,4001 $78,968 ELEMENT 10-FINAL REPORTS 161 441 401 72 $32,2601 $5,5001 $37,76 Coffman Associates,Inc.Total 1 2321 7401 1,0301 1,5791 $634,0581 $38,7751 $672,833 ELEMENT 11-SUBCONSULTANTS 11.1-ENEGINEERING SUPPORT,SMS,RESILIANCY,AND COST ESTIMATES IN ELEMENTS 2,4,5,AND 7(GARVER) $325,66 11.2-18b GIS SURVEY DATA COLLECTION SERVICES TO INCLUDE PART 77 ANALYSES IN ELEMENT 8(MTZ a DBE Firm) $150,00 11.3-FINANCIAL ANALYSIS IN ELEMENT 7(DKMG) $45,10 11.4- CARGO FORECASTING IN ELEMENT 3(HUBPOINT a DBE Firm) $86,50 11.5- TERMINAL BUILDING ANALYSIS FOR ELEMENTS 3,4,5,AND 7(ALLIANCE) $81,72 11.6- PAVEMENT MANAGEMENT AND MAITENANCE PLAN(AP TECH) $119,882 11.7-LANDSIDE DEVELOPMENT PARKHILL) $83,50 11.8-PUBLIC OUTREACH PROGRAM(KPS CORPUS LOCAL and a DBE Firm) $45,49 Subconsultant Total $937,856 PROJECT TEAM TOTAL COSTS $1,610,689 Attachment C: Insurance and Bond Requirements Insurance and Bonds were intentionally deleted. Attachment D: Warranty Requirements Warranty is not required with this Professional Service Agreement. ATTACHMENT E: FEDERAL REQUIREMENTS E.1 GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes,Executive Orders and such rules as are promulgated to ensure that no person shall,on the grounds of race,creed,color,national origin,sex, age,or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. E.2 Compliance with Nondiscrimination Requirements: During the performance of this contract,the Contractor, for itself,its assignees, and successors in interest(hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor(hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities,including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts,including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race,color,or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books,records, accounts,other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the Contractor will so certify to the sponsor or the Federal Aviation Administration,as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract,the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate,including,but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling,terminating,or suspending a contract,in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations,and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the Contractor becomes involved in,or is threatened with litigation by a subcontractor,or supplier because of such direction,the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract,the Contractor, for itself,its assignees, and successors in interest(hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 USC § 2000d et seq.,78 stat. 252) (prohibits discrimination on the basis of race,color,national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601)(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.),as amended(prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.)(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,sub- recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189)as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race,color,national origin, and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities(20 USC 1681 et seq). Capital Improvement Plan 2024 thrl, 2026 City of Corpus Christi, Texas Project# 23121 Project Name Airport Master Plan Type Improvement/Additions Department Airport Useful Life 4 years Contact Director of Aviation Category Planning Studies Priority 3 Very Important-Legal Mandate Council District 3 Status Active Description Airport Master Plan is a comprehensive study of Corpus Christi International Airport(CCIA)and describes short-,medium-,and long-term development plans to meet future aviation demand. CCIA's Master Plan was last updated in 2007.Federal Aviation Administration encourages updating Master Plans approximately every 5 years to reflect changing conditions. Master Plan will include Airport Layout Plan(ALP)Update and Part 150 Noise Compatibility Study. Justification Master Plans are required to be eligible for federal funding from the FAA and should be updated every 20 years. The last full plan was completed in 2000 and updated in 2007. Expenditures Prior Years 2024 2025 2026 Total Planning 1,500,000 1,500,000 Inspection 198,300 198,300 Eng,Admin Reimbursements 1,700 1,700 ^row 1,700,000 1,700,000 Funding Sources Prior Years 2024 2025 2026 Total Airport Fund Reserves 120,000 120,000 Grants-FAA 1,580,000 1,580,000 Total 1,700,000 1,700,000 Budget Impact/Other 71 There is no projected operational impact with this project. 41 ccilg- Corpus Christi International Airport Airport Master Planning Services City Council October 10, 2023 Ad cc!A us i m fid, r" Project yDescription ! ! �eszInternational An Airport Master Plan is a comprehensive examination of an airport's facilities, operations, infrastructure, forecasted demand levels, and its role within the current and future aviation system. The plan provides a vision with detailed information and costs for future development that considers future FAA requirements, industry demands, and local, state, or public needs. Master Plan is required for federal funding. CCIA's last Master Plan was completed in 2000 and updated in 2007. Airport staff consulted with the FAA and aviation consultants in 2020, who advised to postpone the process until the COVID pandemic impacts on the aviation industry's future were better understood. cc!A Procurement History carpus Christi International Airport QOct. 2022 Mar. 2023 Aug. 2023 City issues RFP for Master Planning City approves Coffman's detailed FAA awards City of Corpus Christi FAA Services. Five firms respond. scope; Coffman provides a final price AIP Entitlement Grant to fund 90%of of$1,610,689. Master Plan project. i •Third party firm performs independent fee i estimate,confirms fee is reasonable i i i Interviews conducted for all five Airport Board recommends to City respondents. Council approval of contract at regularly •Coffman Associates notified of their selection. scheduled Board Meeting. OJan. 2023 Apr. 2023 cc!A Project Description Corpus Christi International Airport The following are elements of • • • Plan: • Public Involvement Plan • Environmental Considerations • Existing Conditions • Aviation Forecasts • Facility Requirements • Alternatives to Development and Evaluation • Airport Layout Plan • Facilities Implementation Plan In addition, CCIA requested the following elements: • Asset Management Plan • Airport Land Use Plan • Solar Power Plan • Vertiport Design 4 so �o ora H aoAPoat° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of October 10, 2023 DATE: October 10, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Drew Molly P.E, Director of Water Systems and Support Services drewm(a-)cctexas.com (361) 826-1853 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joshc2(a-)cctexas.com (361) 826-3169 Professional Services Contract Award Sand Dollar Connection Line 16" (Coral Vine) CAPTION: Motion awarding a professional services contract to Garver, LLC., of Houston, Texas, to provide design, bid, and construction phase services for the Sand Dollar 16-Inch Connection Line from the Sand Dollar Water Pump Station to the Coral Vine elevated storage tank in an amount not to exceed $683,960.00, with FY 2024 funding available from Water Capital Fund. SUMMARY: This motion authorizes approval of a professional engineering contract to provide design, bidding and construction phase services for the Sand Dollar Connection Line 16" project from Sand Dollar Water Pump Station to the Coral Vine elevated storage tank. BACKGROUND AND PURPOSE: The City of Corpus Christi Water (CCW) Department operates the Padre Island water system on a separate pressure zone from the mainland using the Sand Dollar Pump Station and Coral Vine Elevated Storage Tank (EST)to supply water. The Coral Vine EST was placed into service in 2010. A proposed 16-inch water line will be designed to convey water between the pump station and elevated storage tank. Interconnections between the new line and the existing distribution system will be made to the existing distribution system to improve the pressure within the system. Water is currently conveyed from the pump station to the Coral Vine EST through the distribution system. The installation of the 16" line provides a more direct route from the pump station to the elevated storage tank. This allows for the elevated tank to be filled much more effectively. Having the ability to fill the tank in a more effective manner provides better system stability for maintaining proper pressure. Once the design is completed, the proposed 16-inch water line will be installed within the City's right-of-way via open cut and/or trenchless construction, which may consist of horizontal directional drilling. Depending upon the construction, street repairs will be required to address any roadway improvements resulting from construction activities. Waterline improvements will also be made leading from the Sand Dollar Pump Station as part of this process. The estimated construction cost in the approved FY 2024 CIP Budget is $12,000,000 which accounts for construction, restoration, and testing. PROJECT TIMELINE: 123 - 2024 20241 - 2026 October — August September— December January — March Design Bid/Award Construction The project schedule reflects City Council award in October 2023 with anticipated design completion by August 2024. Construction is anticipated to begin in January 2025, with an estimated completion by end of March 2026. The length of the timeline includes the expected time for subsurface utility exploration that will be required to confirm location of all utilities in critical locations. Hydraulic modeling will also be required to map and better understand specific impacts to the system. CCW will actively work with Garver, LLC. to keep this timeline accurate and to try to improve the schedule as the project develops. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Qualifications on December 07, 2022, with the RFQ Number 4413 for Professional Engineering Services for Capital Improvement Projects FY2023. The City received statements of qualifications from 15 firms and a technical evaluation was performed by the selection committee. The selection committee consisted of representatives from Engineering Services, CCW, and the City Manager's Office. Firm ranks were based on three factors: 1. Experience of the firm 2. Experience of the key personnel with specific experience with similar projects 3. Understanding of Project Scope. Garver, LLC. was the highest ranked firm. Garver, LLC. has over 100 years of experience in the planning and design of water-related infrastructure projects and facilities. Garver, LLC. has completed several relevant projects for similar municipalities in recent history. These projects include, but are not limited to, the West Harris County Regional Water Authority Segment 3 Water Line, Friendswood Water System Improvements, Fulshear WTP Expansion, and Bay City Water Plant Improvements which have a total value of$37,200,000. Garver, LLC. previously held a master service agreement with the Corpus Christi Department of Aviation to provide professional engineering services and support for numerous projects on the airfield. Garver LLC.'s staff for this project is from Houston and Harlingen. Additionally, Garver LLC. is actively working to establish an office in Corpus Christi. Currently, Garver LLC. has two positions posted for hire for a new office in Corpus Christi. One of the positions is a management lead, and they plan to use the person once hired to open and staff the local office. ALTERNATIVES: The alternative is not to award the proposed agreement to Garver, LLC. However, not awarding the proposed agreement to Garver, LLC. will delay necessary improvements and may affect the ability to satisfy the safety, operational, and regulatory requirements as dictated by the Texas Commission on Environmental Quality (TCEQ). FISCAL IMPACT: The fiscal impact in FY 2024 is an amount of $683,960.00 with funding available from the Water CIP Fund, specifically from the design and construction categories of Project 23021 Sand Dollar Connection Line 16". FUNDING DETAIL: Fund: WTRCP RR 032950 2023 (Fund 4487) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Sand Dollar Connection Line 16" (Coral Vine) (Project No. 23021) Account: Outside Consultants (550950) Activity: 23021 Amount: $683,960.00 RECOMMENDATION: Staff recommend approval of the proposed agreement with Garver, LLC. in an amount not to exceed of$683,960.00 for the Sand Dollar 16" connection line project. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Evaluation Matrix Proposal CIP Page Presentation RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Project No.23021-Sand Dollar Connection Line 16"(Coral Vine) Proposal Evaluation Score Garver Ardrurra Group Freese and Nichols HDR Engineering Urban Engineering Houston Corpus Christi Corpus Christi Corpus Christi Corpus Christi Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years tJ No Material Regulatory Issues Past 5 Years 40 References Provided for Firm +f j Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Technical Proposal Experience on projects ofsimilar scope and complexity 7 5.3 6.0 5.6 5.3 5.3 Demonstrated capability&capacity on comparable projects 7 5.6 5.6 6.0 5.3 4.9 Past Performance 7 4.2 4.6 5.3 5.3 4.9 Team members with experience and qualifications 7 5.6 6.0 6.0 5.6 4.9 Team members experience with work of similar scope and complexity 7 5.3 5.3 5.3 5.6 4.9 Availability ofresourcestoaccomplishthe work 7 6.3 5.6 6.3 5.3 4.6 Demonstrated understanding ofthe scope ofservices 14 10.5 11.2 11.2 11.2 10.5 Demonstrated understanding and experience with a public agency 14 10.5 11.2 11.2 11.2 11.2 Subtotal Technical Proposal 70 53.2 55.3 56.7 54.6 51.1 Interview Firm Experience on Projects of Similar Scope and Complexity 4 3.8 3.2 2.8 2.4 3 Firms Capability&Capacity on Comparable Projects 4 3.6 3 2.6 2 3 Firm Past Performance 2 1.5 1.3 1.4 1.5 1.4 Team Member Experience&Qualifications 4 3.6 3.2 3 2.4 2.6 Team Experience on work of similar Scope and Complexity 4 3.6 3.2 2.6 2.2 2.6 Team Availability of resources to accomplish the work 2 1.7 1.3 1.5 1.4 1.4 Demonstrated Understanding of Scope of Service 5 4.75 3.5 3.25 3 3 Demonstrated understanding and experience with a public agency 5 4.75 3.5 3 3 3 Subtotal Interview 30 27.3 22.2 20.2 17.9 20.0 Total 100 80.5 77.5 76.9 72.5 71.1 RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Project No.23021-Sand Dollar Connection Line 16"(Coral Vine) Lockwood Andrews and Hanson Professional Proposal Evaluation Score Plummer Associates Bath Engineering J.Schwarz&Associates Newnam Services Corpus Christi Corpus Christi Corpus Christi Corpus Christi Corpus Christi Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years References Provided for Firm Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7 5.3 4.6 4.6 4.6 4.9 Demonstrated capability&capacity on comparable projects 7 4.9 4.6 4.9 3.5 4.2 Past Performance 7 4.6 4.9 3.5 3.9 4.2 Team members with experience and qualifications 7 4.6 4.6 4.6 4.6 4.2 Team members experience with work of similar scope and complexity 7 4.2 4.6 4.6 4.6 4.2 Availability ofresourcestoaccomplishthe work 7 4.9 4.2 4.9 4.2 4.2 Demonstrated understanding ofthe scope ofservices 14 11.2 9.1 9.8 9.8 9.1 Demonstrated understanding and experience with a public agency 14 11.2 9.1 9.8 9.8 9.8 Subtotal Technical Proposal 70 50.8 45.5 46.6 44.8 44.8 Interview Firm Experience on Projects of Similar Scope and Complexity 4 2.6 2.2 1.6 0 0 Firms Capability&Capacity on Comparable Projects 4 2.6 2.2 1.4 0 0 Firm Past Performance 2 1.2 1.2 0.9 0 0 Team Member Experience&Qualifimtions 4 2.6 2.2 1.4 0 0 Team Experience on work of similar Scope and Complexity 4 2.4 2.4 1.6 0 0 Team Availability of resources to accomplish the work 2 1.5 1.2 1 0 0 Demonstrated Understanding of Scope of Service 5 3.25 2.75 2 0 0 Demonstrated understanding and experience with a public agency 5 3.25 2.75 2 0 0 Subtotal Interview 30 19A 16.9 11.9 0.0 0.0 Total 100 702 62A 58.5 44.8 44.8 RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Project No.23021-Sand Dollar Connection Line 16"(Coral Vine) Proposal Evaluation Score International Consulting Corrpro Trimad Consultants ECS Southwest Tolunay Wang Engineers Corpus Christi Houston Pharr San Antonio Corpus Christi Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years References Provided for Firm Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7 3.5 2.8 2.5 2.5 1.4 Demonstrated capability&capacity on comparable projects 7 3.5 2.5 2.5 2.1 1.8 Past Performance 7 3.9 3.5 2.5 2.1 2.5 Team members with experience and qualifications 7 3.9 3.5 2.8 3.2 2.5 Team members experience with work of similar scope and complexity 7 3.2 3.2 2.5 2.8 1.4 Availability ofresourcestoaccomplishthe work 7 3.5 3.2 2.5 2.5 1.8 Demonstrated understanding ofthe scope ofservices 14 7.7 7.0 6.3 4.9 4.2 Demonstrated understanding and experience with a public agency 14 8.4 7.7 5.6 5.6 4.2 Subtotal Technical Proposal 70 37.5 33.3 27.0 25.6 19.6 Interview Firm Experience on Projects of Similar Scope and Complexity 4 0 0 0 0 0 Firms Capability&Capacity on Comparable Projects 4 0 0 0 0 0 Firm Past Performance 2 0 0 0 0 0 Team Member Experience&Qualifications 4 0 0 0 0 0 Team Experience on work of similar Scope and Complexity 4 0 0 0 0 0 Team Availability of resources to accomplish the work 2 0 0 0 0 0 Demonstrated Understanding of Scope of Service 5 0 0 0 0 0 Demonstrated understanding and experience with a public agency 5 0 0 0 0 0 Subtotal Interview 30 0.0 0.0 0.0 0.0 0.0 Total 100 37.5 33.3 27.0 25.6 19.6 Capital Improvement Plan 2024 thi'l+ 2026 City of Corpus Christi, Texas Project# 23021 Project Name Sand Dollar Connection Line 16"(Coral Vine) , Type Improvement/Additions Department Water Department Useful Life 40 years Contact Director of Water Utilities Category Water Distribution Priority Critical-Asset Condition\longevity _ Council District 4 41- Status Active - Description This project is designed to extend an existing 16"water line from White Cap to the Coral Vine elevated storage tank and implement water interconnections as needed. This infrastructure will allow the Sand Dollar pump station to more easily control operation of the elevated storage tank on Padre Island and provide adequate supply for the anticipated growth. Justification The Sand Dollar Pump Station has caused distribution difficulties in the past due to its pumping capacity. Strengthening of the distribution system is crucial to ensure normal operations and a reliable water supply to Padre Island. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 6,000,000 6,000,000 12,000,000 Design 600,000 600,000 Eng,Admin Reimbursements 60,000 300,000 300,000 660,000 Tom 660,000 6,300,000 6,300,000 13,260,000 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 660,000 6,300,000 6,300,000 13,260,000 Total 660,000 6,300,000 6,300,000 13,260,000 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 385 4J12141 Wickchester Ln Suite 200, Houston,TX 77079 TEL:713-491-8333 www.GarverUSA.com August 11, 2023 Edwin Santillan, P.E. Engineer IV/ Engineering Services City of Corpus Christi,TX 1201 Leopard Street, 3rd Floor PO Box 9277 Corpus Christi,TX 78469-9277 Re: Proposal for Professional Engineering and Testing Services for RFQ No. 4413 Dear Mr. Santillan, Thank you for the opportunity to work with City of Corpus Christi. Previously, Garver(F-5713) was selected as a qualified partner regarding the upcoming capital improvement Sand Dollar Connection Line 16"(Coral Vine) and completed the process of scope definition. Garver will provide professional services associated with the services listed in Exhibit A. The fee breakdown for the services provided is summarized below: Description Fee Payment Task 1 —Preliminary Engineering $94,248.00 Lump Sum Task 2— Hydraulic Capacity Technical Memo $50,184.00 Lump Sum Task 3A—60% Detailed Design $144,499.00 Lump Sum Task 313—90% Detailed Design $108,879.00 Lump Sum Task 3C— 100% and Bid Ready Design $70,844.00 Lump Sum Task 4—Bid Phase. $12,706.00 Lump Sum Basic Services Total $481,360.00 Lump Sum Additional Services Total Allowance $202,600.00 T&M Total Authorized Fee $683,960.00 Garver proposed to complete the Basic Service tasks on a lump sum basis in an amount of$481,360.00. The total project cost, including Additional Services, is estimated to be $683,960.00. Garver understands contract terms including insurance requirements will be defined prior to notice to proceed. Garver appreciates the opportunity and is willing to sign a Service Agreement as written and as modified through any addenda issued. We are ready to partner with Corpus Christi to deliver effective solutions and move your city forward. If you have any questions, please contact me at HHasan@ GarverUSA.com or 701-317-2942. Sincerely, GARVER, LLC _�� "'l-t _z"n �*J Hasibul Hasan, PE Dan Olson, PE (Signing Authority) Project Manager Vice President DNOlson@GarverUSA.com 713-395-4277 EXHIBIT A SCOPE OF SERVICES CITY OF CORPUS CHRISTI, TEXAS PROJECT 23021 SAND DOLLAR CONNECTION LINE 16" (CORAL VINE) 1. PROJECT BACKGROUND The City of Corpus Christi (City) operates the Padre Island system on a separate pressure zone from the mainland using the Sand Dollar Pump Station and Coral Vine elevated storage tank to supply water. A proposed 16-inch water line will be designed to convey water between the pump station and elevated storage tank. Interconnections will be made to the existing distribution system to improve the pressure within the system. It is assumed the proposed 16-inch water line will be installed within the City's ROW via open cut or trenchless construction. Appurtenances will be placed along the alignment to allow readily available maintenance for the City's operations. The Scope of Services included in this contract are Preliminary Design, Design Phase, Bidding and Construction Phase Services plus the Additional Services indicated below. 2. SCOPE OF SERVICES A. Basic Services. Task 1: Preliminary Engineering: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a design memorandum which includes Preliminary designs, drawings, and written description of the project. This phase shall include: a. Kick-off Meeting and site visit— Conduct one (1) meeting with the City to confirm the goals, schedule, and deliverables for the Project. A site visit will follow the kick-off meeting. Meeting minutes will be prepared and distributed by the Engineer. b. Project Management and Document Control — Manage all efforts of the project team, individual team members, and sub-consultants and maintain appropriate records and documentation of project decisions, modifications, activities, communication, correspondence, and CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 1 of 14 schedules. i.Prepare and submit up to Four (4) monthly status reports with action items. c. Develop a Project management plan and a Quality control plan. d. Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The Engineer will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. e. Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). f. Document the field data collection. g. Coordinate with the City's Operations team to develop connection alternatives at the storage tank and booster pump station. h. Develop up to two (2) route alternatives for consideration. i. Provide Design for PVC pipe materials only in the Design Memorandum. Lead time, cost and constructability will be reviewed within the memorandum. ii. Develop preliminary placement for water line appurtenances including isolation valves, air valves and interconnections. i. Provide notification letter to TIRZ 2 for planned projects to avoid impacting the community in multiple phases. j. Submit one (1) copy in an approved electronic format Draft Design Memorandum (up to 10 pages), AACE Class 4 opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Design Memorandum will include the following items: i. Identify results of site field investigation including site findings, existing conditions, potential right of way/easements, and probable Project design solutions. ii. Provide sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design. iii. Provide SWOT analysis of the alternatives. iv. Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service). CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 2 of 14 V. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. k. Fill-in the design and project submittal checklist. I. Two (2) one-hour virtual progress meetings with the City staff and operations will be held through the design phase. m. Prepare an estimate of construction quantities and develop an AACE class 4 opinion of probable construction cost (OPCC). n. Preliminary Engineering Phase Review Meeting: Conduct one (1) 1-hour Virtual meeting with the City to present and review the Design Memorandum, discuss review comments, and confirm design path forward. Meeting minutes will be prepared and distributed by Garver. i. Respond to all City review comments on the Draft Design Memorandum and provide a PDF of the Final Design Memorandum. o. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities as available from City Engineering files. b. The preliminary budget, specifying the funds available for construction. c. Aerial photography for the Project area. d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans. f. Field location of existing city utilities. g. Provide applicable Master Plans. Task 2: Hydraulic Capacity Technical Memorandum Consultant shall develop a separate Memorandum with Hydraulic capacity of the pump station. During this task the Engineer shall: a. Attend one site visit of Sand Dollar Pump Station with City pump station operators and other applicable staff. Support deployment of up to four (4) hydrant pressure loggers for up to a 24-hour period. Data collected will be utilized to validate the existing hydraulic model and for transient model development. CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 3 of 14 b. Review the hydraulic model, facility record drawings, and available SCADA data for the Sand Dollar Pump Station, Coral Vine Elevated Storage Tank, and any associated infrastructure. c. Update existing and future demand scenarios based on input from the City. d. Identify current operating conditions for the pumps at the Sand Dollar Pump Station and existing pumping capacity. e. Complete hydraulic model evaluations of existing and future conditions for up to two (2) proposed 16-inch water line extension alignments. For each alignment, Garver will model up to two (2) sub-alternatives with interconnections at different locations. f. Identify hydraulic conditions associated with each of the potential alternatives, consisting of pump operating conditions for the Sand Dollar Pump Station, pump station capacity, maximum pipe velocities, changes in pressure from current conditions, and Coral Vine Elevated Storage Tank levels and cycling. g. Complete data analysis on available SCADA and pressure logger data to evaluate existing system operations that initiate hydraulic transients. h. Complete transient model evaluations with up to two (2) scenarios to identify the transient response of the existing system. i. Complete transient model evaluations for the proposed 16-inch water line extension alignments to assess the proposed pipeline pressure capacity and (if necessary) the need for transient mitigation equipment. Garver will model up to three (3) scenarios. j. Document the evaluations and pertinent results in a Hydraulic Modeling Technical Memorandum. k. Conduct quality control review per project management plan. Task 3: Detailed Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the Engineer will: Task 3-A 60% Design: a. Implement the Preliminary Engineering Phase recommendations including construction sequencing, connections to the existing facilities, interconnections and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s)and Engineering Services staff. b. Garver will furnish plans to all known utility owners potentially affected by the Project at each stage of development. Garver shall conduct coordination meetings among all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations. Garver will include the surveyed locations of the observable and marked utilities in the construction plans. Garver will also include proposed and/or relocated utility information in the construction plans as provided by the utility companies. CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 4 of 14 c. Prepare one sets of 60% Design Plan set in City format (using City Standards as applicable): i.The 60% design set is anticipated to have a total of 58 drawings and supplement standard specifications as necessary for the proposed water line. ii.Provide a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Approximately 11,000 linearfeet of 16-inch diameterwater line • Recommended pipe material and supporting documentation • ROW requirements and supporting documentation • Permit requirements and supporting documentation • Easement requirements and supporting documentation • TIRZ letter notification • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non-standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status d. Prepare one set of 60% Specification set with the Draft Table of Content in City format using City Standards as applicable. e. Develop AACE Class 3 OPCC. f. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. g. Prepare and submit up to Four (4) monthly status reports with action items. Two (2) one-hour virtual progress meetings with the City staff and operations will be held through the design phase. h. A one-hour virtual meeting for 60% design review with City's engineering team. Task 3-113: 90% Detailed Design: Upon completion of 60% design, and designated by receiving authorization to proceed 90% design, the Engineer will: a. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). b. Provide a recommended construction schedule. The construction schedule will provide a phased approach to better track progress and payments. CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 6 of 14 c. Furnish one (1) copy of the 90% plans (plans only-identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Update and submit the previously developed "Executive Summary". d. Develop Technical specifications and front end documents. e. Prepare an estimate of construction quantities and develop an AACE class 2 opinion of probable construction cost (OPCC) at the 90% design. f. Provide traffic controls including a Traffic Control Plan according to TMUTCD and the City Traffic Engineering Department standards. g. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. h. Two (2) one-hour virtual progress meetings with the City staff and operations will be held through the design phase. Prepare and submit up to Four (4) monthly status reports with action items i. 90% Submittal Review Meeting: Conduct one (1) 1-hour virtual review meeting with the City to present and review the Interim Submittal deliverable, discuss review comments, and confirm design path forward. Meeting minutes will be prepared and distributed by Garver. i. Assimilate all 90% Submittal review comments, modifications, additions/deletions and proceed to the Pre-Final phase, upon Notice to Proceed. ii. The Engineer and Sub-consultants shall follow the city provided checklist. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. Task 3-C: 100% and Bid-Ready Design Deliverable: Upon completion of 90% design, and designated by receiving authorization to proceed 100% design, the Engineer will: a. Garver will address all resolved comments from 90% submittal, prepare 100% submittal for City's review, and submit 100% documents (design drawings and specs) for City's final review. Furnish one (1) copy of bid documents to the City staff for review with revised AACE Class II estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. Provide an executive CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 6 of 14 summary. i. This submittal is assumed to be last review by the City prior to finalizing bid-ready documents. b. Garver will review and resolve all 100% comments from the City and proceed with the bid-ready deliverable. c. Garver will furnish final plans to all known utility owners potentially affected by the Project. Garver shall conduct coordination meetings among all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations. Garver will include the surveyed locations of the observable and marked utilities in the construction plans. Garver will also include proposed and/or relocated utility information in the construction plans as provided by the utility companies. d. Prepare final quantities and estimates with revised AACE Class II estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Engineer and Sub-consultants shall submit the completed checklist provided by the city. f. Develop the project manual per city's code and standards. g. Upon approval by the Director of Engineering Services, provide one (1) set (electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. i. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. ii. The Storm Water Pollution Prevention Details will be provided. Permitting to be provided by the contractor. iii. Conduct up to one (1) meeting with the City to review and coordinate design items. Meeting minutes will be provided by Garver. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 7 of 14 Task 4: Bid Phase. The Engineer will: a. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, up to one addendum or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the Engineer) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. B. Additional Services (ALLOWANCE) This section defines the scope and ALLOWANCE for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including: a. TxDOT Permits/Amendments CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 8 of 14 b. Wetland delineation and Permit c. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments d. Nueces County e. Texas Historical Commission (THC) f. United States Environmental Protection Agency (USEPA) 2. Right-of-Way (ROW) Acquisition Survey, The A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. 3. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area -aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'❑ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 4. Environmental Site Assessment — Phase I a. Provide environmental site evaluations and Archeology Reports that are needed for the Project. b. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Geotechnical Investigation Drill, classify, and perform pertinent tests on soils at Ten (10) locations. All borings will be to a minimum depth of 15 feet below existing grade. Geotechnical testing will be performed to provide design data and recommendations for excavation techniques, structural elements, and any bores associated with the project. Observe groundwater seepage during drilling and at completion of drilling and obtain a 24-hour water level reading. Prepare a geotechnical report containing general recommendations regarding surface conditions, pavement reconstruction, soil and geologic conditions along proposed pipeline alignment, excavation considerations, trenchless CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 9 of 14 considerations and anticipated settlement, compaction, fill, and trench protection requirements. 6. Subsurface Utility Engineering Perform up to Three (3) subsurface utility engineering (SUE) quality level A test holes in general accordance with the recommended practices and procedures described in American Society of Civil Engineers (ASCE) Publication CI/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). The quality level A field findings will be surveyed and delivered in the form of a CAD base file. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 8. Construction Phase (Time and Material). The Engineer will perform contract administration to include the following: a. Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review up submittals for conformance to contract documents including shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. RFls to be reviewed throughout the construction phase. e. Site visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare up to change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Attend up progress meetings held by the contractor. CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 10 of 14 h. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. Review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. 2. SCHEDULE PROPOSED PROJECT SCHEDULE DURATION ACTIVITY 90 Days after NTP is issued Begin Preliminary Engineering and Hydraulic Capacity Technical Memorandum 75 Days upon approval of Preliminary Submit 60% Detailed Design Engineering and Hydraulic Capacity Technical Memorandum 60 Days upon receiving 60% Detailed Design Submit 90% Detailed Design Comments 45 Days upon receiving 90% Detailed Design Submit 100% Detailed Design Comments 30 Days upon receiving 100% Detailed Design Submit Bid Ready Design Submittal Comments Deliverable 7 Days upon approval of Bid Ready Design Advertise for Bids Deliverable 2 weeks after advertisement posted Pre-Bid Conference 3 weeks after Pre-Bid Conference Receive Bids 60 Days after receipt of bids Begin Construction Phase Services 400 Days after Construction NTP is issued Construction Completion CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 11 of 14 1. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services (ALLOWANCE). For services authorized by the Director of Engineering Services under Section I.B. "Additional Services"the City will pay the A/E a not-to-exceed fee as per the table below: CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 12 of 14 C. Summary of Fees Fee for Basic Services 1. Preliminary Engineering $94,248.00 2. Hydraulic Capacity Technical Memorandum $50,184.00 3. 60% Design Phase $144,499.00 4. 90% Detailed Design $108,879.00 5. 100% and Bid Ready Design $70,844.00 6. Bid Phase $12,706.00 Subtotal Basic Services Fees $481,360.00 FEES FOR ADDITIONAL SERVICES (ALLOWANCE) 1. Permit Preparation (as applicable) $20,000.00 a. TxDOT Permits/Amendments b. Wetland delineation and Permit c. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments d. Nueces County e. Texas Historical Commission (THC) f. United States Environmental Protection Agency (USEPA) Total Permitting 2. ROW Acquisition Survey (AUTHORIZED) $20,000.00 3. Topographic Survey (AUTHORIZED) $20,600.00 4. Environmental Issues $7,500.00 5. Geotechnical Investigation $30,000.00 6. Subsurface Utility Engineering $20,000.00 7. Warranty Phase $4,500.00 8. Construction Phase (Time & Material) $80,000.00 Sub-Total Additional Services Fees Authorized $202,600.00 Total Authorized Fee $683,960.00 CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 13 of 14 b. EXTRA WORK The following items are not included under this agreement but will be considered as extra work: A. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. B. Submittals or deliverables in addition to those listed herein. C. 30% Drawings Development D. Pavement Design beyond replacement of water line trench impact. E. Pavement rehabilitation along the project limits. F. Design of any utilities relocation other than water. G. Street lighting or other electrical design beyond that required for construction within the ROW. H. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). The Contractor shall prepare, maintain, and submit a SWPPP permit to TCEQ and NPDES. I. Construction materials testing. J. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. K. Services after construction, such as warranty follow-up, operations support, etc. L. Drainage study or storm sewer design within the project alignment. M. Construction management services N. Field data collection in addition to that listed herein. O. Hydraulic model calibration. P. Hydropneumatic tank design. Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner and Garver. CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT"A" Page 14 of 14 PAC ERY CHANNEL PARK RD. PROJECT LOCATION W f E A 0 y�� CORPUS CHRISTI BAY op s kT PNO°E N A N _ °���° DOLLAR PUMP STATION - m � ; F os y 0 0 °avp 61 - ogak VICINITY NOT TO 011 J � WHITECAP BLVD. N N E, ACCESS co CORAL VINE EST <v e day! V ` AERIAL MAP PROJEC T NUMBER: 23021 NOT TO SCALE SAND DOLLAR CONNECTION LINE 16" CITY COUNCIL EXHIBIT r '. di (CORAL VINE) CITY OF CORPUS CHRISTI,TEXAS `• DEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering Sand Dollar Connection Line 16-Inch (Coral Vine) Council Presentation October 10, 2023 Project Location Corpus Chr sti Engineering PACI(ERY CHPNNEL PPRN Np L - ` PROTECT LOCATION -- �„4 V �� S�Np pOLIAR PUMP STA110 elm < 36� _ Y W J A OJ � O WHITECAP BLVD. ACCESS RD.4 Ur V ery�gN?qa Q`Q A,q CORAL VINE EST U AERIAL MAP PROJECT NUMBER 23021 � Project Scope Corpus Chrstti Engineering This project will consist of: • Extending an existing 16-inch waterline from the Sand Dollar Water pump Station to the Coral Vine elevated storage tank. • Implement water interconnections as needed. Project Schedule Corpus Chr sti Engineering 123—2024 20241 -2026LI October—August September—December January—March Design Bid/Award This project schedule reflects City Council award in October 2023, with anticipated construction start in January 2025. se G� O'1 +-� H V oRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 10, 2023 DATE: September 28, 2023 TO: Peter Zanoni, City Manager FROM: Ryan Skrobarczyk, Intergovernmental Relations Director RyanS5@cctexas.com 361-826-3622 Resolution authorizing the submission of Texas Defense Economic Adjustment Assistance Grant Program in an amount of $306,087.50 CAPTION: Resolution authorizing the submission of a grant application of up to $306,087.50 to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program for the replacement of 15 Condensate Return Stations with new and larger Condensate Return Stations at the Corpus Christi Army Depot Building 8; this grant application requires a match contribution of up to $36,730.50 from the City to fund project management and grant administration services. SUMMARY: The proposed project will replace 15 smaller Condensate Return Stations (or CRSs), one larger CRS and install one new larger CRSs at the Corpus Christi Army Depot (CCAD) Building 8 where component rebuild activities, such as engine cleaning, take place. CRSs also provide for heat in the workplace and reduce relative humidity in certain mission-critical shop environments. Of the 36 CRSs in Building 8, only four have been determined to be in good or unverified condition and half (18) are generally deteriorated/corroded tanks and pumps which do not work and/or leak. Replacing the deteriorating CRSs and installing two new larger CRSs is estimated to save approximately $290,000 per year in water supply, wastewater treatment, chemicals, heating, and softener salt. CCAD will fund the replacement of seven 45 gallons per minute (GMP) CRSs, replace one 90 GPM CRS and install one new 90 GPM CRS. DEAAG is proposed to replace eight 45 GPM CRSs. CCAD replaced one of its CRSs in 2022. Deteriorating and leaking CRSs wasted approximately 3,000,000 gallons of water in 2022. CCAD estimated approximately 3,317,254 gallons of raw water was used in calendar year 2022 with only 317,254 attributable to CCAD Building 8 operations that use steam and water directly from the system and is not returnable. The wasted water supply and wastewater treatment cost CCAD approximately $83,580 per year, an additional $65,000 per year in chemicals, more than $102,000 to heat new water from 70 degrees to 220 degrees, and finally, approximately $39,000 per year in water softener salt. NASCC's wastewater treatment plant should also benefit from reduced treatment operations. BACKGROUND AND FINDINGS: CCAD is the largest tenant command on base and is the premiere rotary wing aircraft and component repair facility in the world. Established in 1961, CCAD ensures aviation readiness through overhaul, repair, modification, retrofit, testing, recapitalization, and modernization of helicopters, engines and components. Depot civilian artisans take aging aircraft and transform them into practically new, fully modernized helicopters packed with additional capabilities and cutting-edge technologies to handle anything on the battlefield. CCAD serves as a depot training base for active-duty Army and reserve units. CCAD is a valuable resource for aviation and a critical part of the Army's Organic Industrial Base (0113) as its personnel not only repair damaged aircraft but extend the lives of existing aircraft by restoring and customizing each aircraft, engine, or part to meet the unique requirements of every mission. CCAD's helicopters and components are critical to bases around the U.S., including Forts Bliss, Campbell, Carson, Hood, and Rucker, and bases around the world, including Afghanistan, Korea, and Germany. CCAD Building 8 CRSs return steam that has condensed into water back to the boilers in a mechanical room where the boilers reuse the treated water and push it back out into the system as steam. CCAD's Engine Cleaning Shop uses the generated steam to heat up vats and clean engine parts. A CRS is composed of a tank, one or two pumps, float switches, an electronic control system, water level gauge, strainer, butterfly valves, piping. When CRSs don't work, the water is sent down the industrial wastewater system with the chemicals used to treat the water/steam to the NASCC wastewater treatment plant and is lost. Condensate contains water treatment chemicals that, if returned, reduces the expenditure for new treatment chemicals. The savings achieved by replacing these deteriorating and leaking CRSs will pay for itself in less than 18 months. PROJECT COST LEVERAGE DOLLARS PERCENTAGE PROJECT COST DOLLARS PERCENTAGE LEVERAGE DEAAG $ 306,087.50 44.49% CCAD $345,162.50 50.17% 5.34% (5.34% of total project cost, but 12% of the DEAAG request for CITY OF CORPUS CHRISTI $36,730.50 Procurement, Financial Administration and Project Management services ALTERNATIVES: Council may choose to not approve the resolution resulting in a need for CCAD to find alternative funding for this project. FISCAL IMPACT: The City of Corpus Christi will provide an in-kind contribution of $ 36,730.50 which will cover procurement services, project management and grant administration for the project. FUNDING DETAIL: Fund: 3543-TMPCCO Organization: 89 Department: 33 Activity: 24201 - DEAAG — CCAD Condensate Return Stations Amount: $36,730.50 RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: Attachment C — Resolution Attachment E — Project Description Attachment O —Photos of deteriorating CRSs Resolution authorizing the submission of a grant application of up to $306,087.50 to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program for the replacement of 15 Condensate Return Stations with new and larger Condensate Return Stations at the Corpus Christi Army Depot Building 8; this grant application requires a match contribution of up to $36,730.50 from the City to fund project management and grant administration services. WHEREAS, with 15 major installations and the Army Futures Command, numerous headquarters, open spaces for realistic training, low cost of living and outstanding support to military and families, Texas has a long, significant, and proud history of partnership with the defense of our nation; and WHEREAS, active duty and reserve installations across the branches of service in Texas, the Texas Comptroller of Public Accounts estimates these military installations contributed at least $114.1 billion to the Texas economy in 2021 and supported more than 622,790 jobs in communities across the state; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride, provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS, Naval Air Station Corpus Christi (NASCC) and the Corpus Christi Army Depot (CCAD) have an estimated employment of more than 9,400 full-time and contract employees making CCAD the largest employer in the City and NASCC the sixth largest; and WHEREAS, CCAD is the premiere rotary wing aircraft and component repair facility in the world which was established in 1961 to ensure aviation readiness through overhaul, repair, modification, retrofit, testing, recapitalization, and modernization of helicopters, engines and components using the expertise of civilian artisans who take aging aircraft and transform them into practically new, fully-modernized helicopters packed with additional capabilities and cutting-edge technologies to handle anything on the battlefield; and WHEREAS, the proposed project will replace 15 smaller Condensate Return Stations (or CRSs), one larger CRS and install one new larger CRSs at CCAD Building 8 where component rebuild activities, such as engine cleaning, take place; and WHEREAS, CCAD will fund the replacement of seven 45 gallons per minute (GMP) CRSs, replacement of one 90 GPM CRS and installation of one new 90 GPM CRS and DEAAG is proposed to replace eight 45 GPM CRSs; and WHEREAS, deteriorating and leaking CRSs wasted approximately 3,000,000 gallons of water in 2022. CCAD estimated approximately 3,317,254 gallons of raw water was used in calendar year 2022 with only 317,254 attributable to CCAD Building 8 operations that use steam and water directly from the system and is not returnable. The wasted water supply and wastewater treatment cost CCAD approximately $83,580 per year, an additional $65,000 per year in chemicals, more than $102,000 to heat new water from 70 degrees to 220 degrees, and finally, approximately $39,000 per year in water softener salt. The savings achieved by replacing these deteriorating and leaking CRSs will pay for itself in less than 18 months; and WHEREAS, the Texas Legislature appropriated $30 million in the FY24-FY 25 biennia to the Texas Military Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects. The DEAAG application period is now open and approximately $15 million is available for this round. The TMPC deadline for submitting DEAAG applications is October 13, 2023; and WHEREAS, this project will build on the strong partnership between Corpus Christi Army Depot, the State of Texas and the City of Corpus Christi that has made vital infrastructure investments at NASCC and CCAD over the last decade, 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 submit a grant application totaling up to three hundred and six thousand and eighty-seven dollars and fifty cents ($306,087.50) to the Office of the Governor for funding from the TMPC's DEAAG Program with a match contribution of up to thirty-six thousand seven hundred and thirty dollars and fifty cents ($36,730.50) from the City to fund project management and grant administration services. SECTION 2. The City Manager or his designee is authorized to sign any and all contracts, agreements or other documents to apply for the above-referenced grant and/or to spend or appropriate any of the funds referenced in this resolution and the grant documents. PASSED AND APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary ATTACHMENT O Photos of Deteriorating Condensate Return Stations Condensate Return Station #15 —Engine Test Cell Mechanical Room 7�, IFIF ,x y r a _ zr i if �4 Y ♦. Condensate Return Station 96—Mechanical Room TM 6� o-, p •" '�� ".�{� t�+„�' � FII t, _ 'iw Condensate Return Station 95 — Cowling Shop Mechanical Room P , w r Condensate Return System #31—Engine Cleaning Mechanical Room i Y �rYYi�„Jlllll�tar�i} #,4„P ' V1 ik , j�»Yt a` III Y�Ilii' ry Condensate Return Station 913 41. e m° p � " m � r LL t � a w mm x so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 10, 2023 DATE: September 28, 2023 TO: Peter Zanoni, City Manager FROM: Ryan Skrobarczyk, Intergovernmental Relations Director RyanS5@cctexas.com 361-826-3622 Resolution authorizing the submission of Texas Defense Economic Adjustment Assistance Grant Program in an amount of $922,059.90 CAPTION: Resolution authorizing the submission of a grant application of up to $922,059.90 to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program to remove and replace two aging and deteriorating pumps and motors at two wastewater lift stations within the NASCC and to install two new diesel-powered emergency generators at each lift station; the grant will require a match contribution of up to 110,647.19 from the City to fund project management and grant administration services. SUMMARY: Phase two of the previously awarded Naval Air Station Corpus Christi (NASCC) wastewater collection system project will remove and replace two aging and deteriorating pumps and motors within two wastewater lift stations and install diesel-powered emergency generators for the two lift stations which support the primary distribution of domestic and industrial waste created by Corpus Christi Army Depot (CCAD) Industrial Complex to the NASCC Wastewater Treatment Plant (WWTP). These lift stations are currently listed as critical facilities for Continuity of Operations. The modernized lift stations will comply with federal and state environmental standards and meet both Department of Defense (DoD) and Naval Facilities Engineering Command (NAVFAC) criteria for functioning lift stations. The modernized lift stations will meet the Department of Navy Installation Energy Resilience Goals for resiliency, reliability and efficiency of critical utility assets supporting mission. BACKGROUND AND FINDINGS: Lift Station 1151 was built in 1944 (almost 80 years old) and was last repaired in 2014, specifically the replacement of pumps and controllers. Total capacity is approximately one million gallons per day (1 MGD) but is currently operating at half capacity and imminent failure is anticipated due to extreme degradation of pumps and piping. Each lift station has two pumps, but Lift Station 1151 has only one functioning pump. Lift Station 1151 is an above ground facility and handles industrial waste from CCAD Building 8, Building 340 and other CCAD industrial facilities. Industrial chemicals used for solvents and metallurgy operations are pre-processed in the CCAD complex, then distributed to NASCC WWTP for final processing. Lift Station 288 was built in 1978 (45 years old) and was last repaired in 2011, specifically the replacement of pumps and controllers. Lift Station 288 is an underground storage tank with submersible grinder pumps which services domestic wastewater from CCAD Building 8 as well as other CCAD and tenant command facilities in the area. Total capacity is approximately one million gallons per day (1 MGD) but is currently operating at half capacity. One of the submersible grinder pumps is non-functioning. PROJECT COST LEVERAGE DOLLARS PERCENTAGE PROJECT COST DOLLARS PERCENTAGE LEVERAGE DEAAG $922,059.90 46.89% CCAD $933,550.29 47.48% 5.63% (5.63% of total project cost, but 12% of the DEAAG request for CITY OF CORPUS CHRISTI $110,647.19 Procurement, Financial Administration and Project Management services) ALTERNATIVES: Council may choose to not approve the resolution resulting in a need for NASCC to find alternative funding for this project. FISCAL IMPACT: The City of Corpus Christi will provide an in-kind contribution of$110,647.19 which will cover procurement services, project management, and grant administration for the project. FUNDING DETAIL: Fund: 3543-TM PCCO Organization: 89 Department: 33 Activity: 24202 - DEAAG — NASCC Removal and Replacement of Pumps and Motors within two lift stations Amount: $110,647.19 RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: Attachment C — Resolution; Attachment E — Project Description; Attachment O —Site Map and Photos Resolution authorizing the submission of a grant application of up to nine hundred and twenty-two thousand and fifty-nine dollars and ninety cents ($922,059.90) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program to remove and replace two aging and deteriorating pumps and motors at two wastewater lift stations within the NASCC and to install two new diesel-powered emergency generators at each lift station; the grant will require a match contribution of up to one hundred and ten thousand six hundred and forty-seven dollars and nineteen cents ($110,647.19) from the City to fund project management and grant administration services. WHEREAS, with 15 major installations and the Army Futures Command, numerous headquarters, open spaces for realistic training, low cost of living and outstanding support to military and families, Texas has a long, significant, and proud history of partnership with the defense of our nation; and WHEREAS, active duty and reserve installations across the branches of service in Texas, the Texas Comptroller of Public Accounts estimates these military installations contributed at least $114.1 billion to the Texas economy in 2021 and supported more than 622,790 jobs in communities across the state; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride, provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS, Naval Air Station Corpus Christi (NASCC) and the Corpus Christi Army Depot (CCAD) have an estimated employment of more than 9,400 full-time and contract employees making CCAD the largest employer in the City and NASCC the sixth largest; and WHEREAS, The mission of NASCC is to provide the best possible service and facilities to its customers with pride. Its primary function is to maintain and operate facilities, and provide service and material, to support operations of aviation facilities and units of the Naval Air Training Command and other tenant activities and units. NASCC consists of more than 75 buildings spread out over more than 2,800 acres housing 29 tenant commands, including the Corpus Christi Army Depot (CCAD), the Defense Logistics Agency (DLA), Department of Homeland Security, Chief of Naval Air Training (CNATRA), and Morale Welfare and Recreation (MWR); and WHEREAS, CCAD is the premiere rotary wing aircraft and component repair facility in the world which was established in 1961 to ensure aviation readiness through overhaul, repair, modification, retrofit, testing, recapitalization, and modernization of helicopters, engines and components using the expertise of civilian artisans who take aging aircraft and transform them into practically new, fully-modernized helicopters packed with additional capabilities and cutting-edge technologies to handle anything on the battlefield; and WHEREAS, the proposed project will remove and replace two aging and deteriorating pumps and motors within two wastewater lift stations and install diesel-powered emergency generators for the two lift stations which support the primary distribution of domestic and industrial waste created by CCAD Industrial Complex to the NASCC Wastewater Treatment (WWTP) Plant. These lift stations are currently listed as critical facilities for Continuity of Operations; and WHEREAS, the modernized lift stations will comply with federal and state environmental standards and meet both Department of Defense (DoD) and Naval Facilities Engineering Command (NAVFAC) criteria for functioning lift stations. The modernized lift stations will meet the Department of Navy Installation Energy Resilience Goals for resiliency, reliability and efficiency of critical utility assets supporting mission; and WHEREAS, the NASCC WWTP has a Texas Pollutant Discharge Elimination System (TPDES) permit from the TCEQ to discharge wastewater into Corpus Christi Bay. The environment, specifically Corpus Christi Bay, will benefit from reduced potential for violations associated with the domestic wastewater collection and treatment system. The Environmental Protection Agency designated the Corpus Christi Bay system as an estuary of national significance. According to the Harte Research Institute at Texas A&M University Corpus Christi, more than 234 species of fish are found in the bay; and WHEREAS, NASCC has committed to match the City's DEAAG request with funding from the Naval Facilities Command budget for the replacement of one lift station and DEAAG is proposed to replace the other failing lift station; and WHEREAS, the Texas Legislature appropriated $30 million in the FY24-FY 25 biennia to the Texas Military Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects. The DEAAG application period is now open and approximately $15 million is available for this round. The TMPC deadline for submitting DEAAG applications is October 13, 2023; and WHERAS, this project will build on the strong partnership between Naval Air Station Corpus Christi, the Corpus Christi Army Depot, the State of Texas, and the City of Corpus Christi, 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 submit a grant application of up to nine hundred and twenty-two thousand and fifty-nine dollars and ninety cents ($922,059.90) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program with a match contribution of up to one hundred and ten thousand six hundred and forty- seven dollars and nineteen cents ($110,647.19) from the City to fund project management and grant administration services. SECTION 2. The City Manager or his designee is authorized to sign any and all contracts, agreements or other documents to apply for the above-referenced grant and/or to spend or appropriate any of the funds referenced in this resolution and the grant documents. PASSED AND APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary ATTACHMENT E Removal and Replacement of Pumps and Motors Within Two Lift Stations at Naval Air Station Corpus Christi Phase two of the previously awarded Naval Air Station Corpus Christi (NASCC)wastewater collection system project will remove and replace two aging and deteriorating pumps and motors within two wastewater lift stations and install diesel-powered emergency generators for the two lift stations which support the primary distribution of domestic and industrial waste created by Corpus Christi Army Depot(CCAD) Industrial Complex to the NASCC Wastewater Treatment Plant(WWTP). These lift stations are currently listed as critical facilities for Continuity of Operations. The modernized lift stations will comply with federal and state environmental standards and meet both Department of Defense (DoD) and Naval Facilities Engineering Command (NAVFAC) criteria for functioning lift stations. The modernized lift stations will meet the Department of Navy Installation Energy Resilience Goals for resiliency, reliability and efficiency of critical utility assets supporting mission. Lift Station 1151 was built in 1944 (almost 80 years old) and was last repaired in 2014, specifically the replacement of pumps and controllers. Total capacity is approximately one million gallons per day (1 MGD)but is currently operating at half capacity and imminent failure is anticipated due to extreme degradation of pumps and piping. Each lift station has two pumps, but Lift Station 1151 has only one functioning pump. Lift Station 1151 is an above ground facility and handles industrial waste from CCAD Building 8, Building 340 and other CCAD industrial facilities. Industrial chemicals used for solvents and metallurgy operations are pre- processed in the CCAD complex, then distributed to NASCC WWTP for final processing. Lift Station 288 was built in 1978 (45 years old) and was last repaired in 2011, specifically the replacement of pumps and controllers. Lift Station 288 is an underground storage tank with submersible grinder pumps which services domestic wastewater from CCAD Building 8 as well as other CCAD and tenant command facilities in the area. Total capacity is approximately one million gallons per day (1 MGD)but is currently operating at half capacity. One of the submersible grinder pumps is non-functioning. CCAD operations support Navy Pilot training efforts with on hand Rotary Wing maintenance and operational testing training, to repairing Navy helicopters and Coast Guard aircraft for mission requirements. Additionally, CCAD has led in funding and executing various infrastructure upgrades and repairs due to strong joint military efforts. CCAD is the largest tenant command on base and is the premiere rotary wing aircraft and component repair facility in the world. Established in 1961, CCAD ensures aviation readiness through overhaul, repair, modification, retrofit, testing, recapitalization, and modernization of helicopters, engines and components. Depot civilian artisans take aging aircraft and transform them into practically new, fully modernized helicopters packed with additional capabilities and cutting-edge technologies to handle anything on the battlefield. CCAD serves as a depot training base for active-duty Army and reserve units. CCAD is a valuable resource for aviation and a critical part of the Army's Organic Industrial Base (0113) as its personnel not only repair damaged aircraft but extend the lives of existing aircraft by restoring and customizing each aircraft, engine, or part to meet the unique requirements of every mission. CCAD's helicopters and components are critical to bases around the U.S., including Forts Bliss, Campbell, Carson, Hood, and Rucker, and bases around the world, including Afghanistan, Korea, and Germany. Attachment O Location Map Lefit StaYt c f f 41 } ,y— sem. N j_. / � r G Is i _ 'i2T Ji Lift Stations 288 and 1151 primarily serve the Corpus Christi Army Depot,the largest tenant on Naval Air Station Corpus Chrisi. These lift stations are currently listed as critical facilities for Continuity of Operations. 1, 43fi. .' — -Alp 'A' _.n,. zss Ls f a +a 21 1802 6 ti 4 4yEnrtr�� ♦ •�., }f `:v•. � ` �� vgo Dazs Lift Station 288—Underground storage of domestic wastewater from Corpus Christi Army Depot and several Naval Air Station Corpus Christi tenant command buildings. ° d / e ue1 e� I I � i � d r YV a U—IT 44 04 Lift Station 288 was built in 1978.It contains two submersible grinder pumps.Only one of the pumps is functioning.Its capacity is one million gallons per day(1 MGD). r' 1 f Pl- 4 r.. 4 _r,. _ i Lift Station 1151 was built in 1944.Its capacity is one million gallons per day(1 MGD). EMU, « . \ PUM Pump Lift sltnSg-only one pump is hooked 9 and operational.handles industrial waste from cc&oBuilding%Building 340 and other ccAD industrial facilities. \ \ \( 1 at IN V ; . ^ , . . � Industrial chemicals used for solvents and metallurgy operations are pre-processed mthe cc&ocomplex,t§ nare pumped bLift Station Sg to the»&s c wWT#f final 2«emE Date: September 22, 2023 To: Rebecca Huerta,City Secretary Peter Zanoni, City Manager CC: Miles Risley, City Attorney SUBJECT: Motion to approve a Memorandum of Understanding(MOU)with Port of Corpus Christi Authority on Desalination Per the City of Corpus Christi Council Policy Section 16, Paragraph D, please place an agenda item(s)on the October 10, 2023 Council meeting for discussion and possible action in regular session for a motion to approve the attached MOU that was approved by the Port of Corpus Christi. The MOU with the Port of Corpus Christi Authority is for future Desalination Facilities and cooperation between the Port of Corpus Christi Authority and the City of Corpus Christi regarding future alternative water supplies. A copy of the MOU is being provided to the City Attorney to place it in the required format.The City Manager and/or Attorney shall not make any material changes to the elements of the agreement. Mike Pusley, City Council At-t. Dan Suckley, ity Council District 4 Gil Hernandez, City Counuistrict 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TEXAS AND THE CITY OF CORPUS CHRISTI, TEXAS, This Memorandum of Understanding (the "MOV) is made and entered into and effective as of the date of last signature (the "Effective Date) by and between the Port of Corpus Christi Authority of Nueces County, Texas, a navigation district operating under Article XVI, Section 59 of the Texas Constitution ("Porf'7, whose mailing address is 400 Harbor Drive, Corpus Christi, Texas 78401, and the City of Corpus Christi, Texas, a municipal corporation and home rule city of the State of Texas ("City'), whose mailing address is P.O. Box 9277, Corpus Christi, Texas 78409. Port and City are sometimes referred to in this Agreement as "Parties" and individually as a "Party'. WHEREAS, the City is the Regional water supplier and needs to identify drought resistant water supply for the long-term growth of the Coastal Bend; WHEREAS, the Port and the City have a shared mutual interest in identifying drought- resistant water sources; WHEREAS, the Port has received the Texas Commission on Environmental Quality's (TCEQ) approval for a Discharge Permit at the Harbor Island site and is pursuing the additional regulatory permits necessary to develop desalination project(s), referred to herein as the "Permits; WHEREAS, the City maintains a goal of expansion and diversification of its water resources; WHEREAS, the City has a water rights permit from TCEQ for the inner harbor and continues to pursue all remaining permits for the inner harbor site; PURPOSE: NOW THEREFORE, the purpose and intent of this MOU is to provide a framework for collaboration between the City and the Port for the pursuit of drought resistant water supplies for the long-term growth of the Coastal Bend. This MDU affirms the City's position as the regional water supplier. This MOU will set forth the expectation for equally sharing of all costs associated with the development of drought resistant water supplies. PORT PERMITTED SITE(S) 1) The Port, at its sole cost and expense, may continue to pursue all Permits required for development of the desalination project on Harbor Island. I 2) To further explore the feasibility and expense of a desalination facility on Harbor Island, the City and the Port will jointly engage an agreed upon consultant to secure design options and bids for a proposed desalination facility at Harbor Island, with all cost for said consultant to be paid by the Port. All communications with the engaged consultant, either verbally or in writing, shall include all 3 parties. 3) If a desalination facility is to be built on Harbor Island, the City and the Port will jointly decide the best option for the design, construction and operation of the Harbor Island desalination plant. The City and the Port may enter into a contractual agreement ("H1 Joint Agreement) to determine the terms for the construction and operation of the desalination facility. The intended framework of this joint agreement should include, but is not limited to, the following: a) All costs associated with the construction of any desalination plant along with related infrastructure, and related pipelines will be shared equally. b) Any bids for the desalination plant shall include all costs associated with the construction and operation of the desalination plant and the needed infrastructure to tie that facility into the City's existing water distribution infrastructure including any new pipelines required by this project. c) The desalination plant, associated infrastructure and/or pipelines built on the leased property will be owned jointly by both the Port and by the City. d) The Port will lease the Harbor Island permitted site and/or any other Port property utilized for a desalination facility for the sum of$1.00 annually for as long as the City operates a desalination facility or water distribution infrastructure on said property. e) Operational management of the desalination plant will be the responsibility of the City, whether operated by the City or a third-party contractor managed by the City. f) Investment recovery, debt retirement, expenses, improvements, future expansion, and/or repairs to this facility will be equally shared by both parties. g) The City will be the sole taker, distributor, and seller of water from the desalination plant located at Harbor Island or any other Port permitted water sources. h) The City will be the sole responsible party for committing any water supply to any new prospective large water users to ensure availability of water and consistency of rates and related surcharges. i) The City acknowledges that the Port cannot execute the HI Joint Agreement without the approval of the Port Commission, and the Port acknowledges that the City cannot execute the HI Joint Agreement without the approval of the City Council. OTHER DESALINATION SITE(S) 1) The City, at its sole cost and expense, may continue to pursue all Permits required for development of the desalination project in the inner harbor. Any concerns or issues regarding the Permit in the inner harbor site or other city desalination sites, or the permitting process shall be communicated amongst both parties. 2) If the City receives the required permits for a desalination plant in the inner harbor, the Port will work with the City to identify Port owned property that could be used for the construction of the plant, including any and all necessary easements. If the Parties identify such a property, the Port and the City will enter into an agreement (the "1H Agreement") that will make such property available to the City (at no cost to the City) for as long as the City operates a desalination facility on said property. The City acknowledges that the Port cannot execute the IH Agreement without the approval of the Port Commission, and the Port acknowledges that the City cannot execute the IH Agreement without the approval of the City Council. 3) The Port and the City shall work together on state and federal legislation to support permitting and funding of new water resources. The City and the Port may collaborate to identify, and equally share in, any grants and/or 3rd party funding that may exist to make the cost of these improvements, and any resulting water resources, the most affordable possible for our rate payers. 4) Once this MOU is finalized, the City Manager and the Port Chief Executive Officer shall each appoint a single point of contact for their respective entity to be the conduit of official communication for all information not bound by confidentiality agreements related to alternative water supply, desalination and permitting via a recurring meeting that will be set, on a minimum quarterly basis, where the Port's and the City's representatives will meet to continue the collaboration and each side will provide updates of any issues that may arise related to this MOU. 5) A joint meeting between the Port Commissioners and the City Council will be scheduled at least annually, or as needed, to review the status and information regarding any desalination or other alternative water supply project(s). 6) Each party's obligations under this MOU and continuation of this MOU are subject to availability of funding through the annual budget process. 7) This partnership between the Port and the City may extend to any new alternative water sources or future desalination plant(s). IN WITNESS WHEREOF, the Parties have caused this Memorandum of Understanding to be executed by their duly authorized offices as of the dates provided below each signature, to be effective, however, for all purposed, as of the Effective Date. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By: Charles W. Zahn, Jr. Chairman Date: CITY OF CORPUS CHRISTI By: Name: Title: Date: APPROVED AS TO FORM Miles Risley City Attorney Date: