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HomeMy WebLinkAboutAgenda Packet City Council - 03/26/2024 Cityof Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday, March 26,2024 11:30 AM Council Chambers 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 Rabbi Naftoli Schulker, Chabad Coastal Bend. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Francisco "Frank" Vera, Sophomore at Harold T. Branch Academy. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1-3) 1. 24-0425 Acknowledgement of Land Donation from Coastal Bend Lots for future Fire Station #12 Expansion at Rand Morgan Road 2. 24-0426 6th Annual Beach Volleyball Tournament hosted by Texas A&M University - Corpus Christi (Friday, March 29 through Saturday, March 30, 2024), Presented by Adrian Rodriguez, Athletic Director for Texas A&M University-Corpus Christi 3. 24-0460 Highlight of Upcoming Major City Business (April 2024 through June 2024) City of Corpus Christi Page 1 Printed on 3/25/2024 City Council Meeting Agenda-Final-revised March 26,2024 F. 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 Communications Department at least 24 hours prior to the Meeting. Please contact Communications at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. 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. I. CONSENT AGENDA: (ITEMS 4-21) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 24-0484 Approval of the March 19, 2024 Regular Meeting Minutes Consent-Second Reading Ordinances 5. 24-0108 Ordinance authorizing the City Manager to execute the amendment to the 30-year ground lease Landfill Gas and Lease Agreement dated May 11, 2023 with Corpus Christi Renewables, LLC (CCR) for payment to the City to install and maintain the transmission pipeline from J. C. Elliott Landfill to Cefe Venezuela Landfill; to charge CCR a fee for construction of the pipeline up to $1,776,795.29; to set a fee for operation of the pipeline; to waive royalties for the first two years with monthly royalty payments to begin after the first two years; and that CCR will be responsible for all future capital expenditures, monitoring expenses, and maintenance costs related to J. C. Elliott well field; and providing for publication and an effective date. (28-day delay required between readings) City of Corpus Christi Page 2 Printed on 3/25/2024 City Council Meeting Agenda-Final-revised March 26,2024 Sponsors: Solid Waste Operations 6. 24-0302 Ordinance amending Section 14-544, 14-552 and 14-556 of the Corpus Christi Code to update certain provisions including Federal Emergency Management Agency (FEMA) compliance requirements and nonstructural fill on North Beach; providing for a penalty; and publication. Sponsors: Public Works/Street Department 7. 24-0365 Ordinance accepting $424,212.00 for an increase in the Air Quality Planning Grant from the Texas Commission on Environmental Quality to provide air quality planning activities for fiscal year 24/25; appropriating $424,212.00 in the Health Grant Fund; and authorizing an amendment to an interlocal cooperation agreement with Texas A & M University-Corpus Christi to add $381,791.00 for air quality monitoring service through December 31, 2025. Sponsors: Health Department 8. 24-0364 Ordinance amending the FY 2023-24 Corpus Christi Tax Increment Reinvestment Zone #3 (TIRZ #3) budget, to increase expenditures by a total of$3,690.60. Sponsors: Economic Development 9. 24-0264 Ordinance authorizing the City Manager to execute a one-year lease agreement with Turo, Inc. for peer-to-peer vehicle sharing service at Corpus Christi International Airport, with two one-year options to renew, in consideration of monthly lease payments based on 10% of gross revenue. Sponsors: Aviation Department 10. 24-0275 Ordinance authorizing Lease Amendment No. 8 to the lease agreement between the City of Corpus Christi and the U.S. General Services Administration for office, terminal, and counter space at the Corpus Christi International Airport by the Transportation Security Administration from March 1, 2024, through February 28, 2029, for minimum annual rent of $622,923.87. Sponsors: Aviation Department 11. 24-0328 Ordinance authorizing a five-year farm lease agreement with Danysh Farms, Inc. to lease approximately 68.93 acres of farmland at Corpus Christi International Airport, with one three-year renewal option, in consideration for $7,295.56 annually with 3% annual increases. Sponsors: Aviation Department 12. 24-0193 Zoning Case No. 0124-05, Corpus Christi Corridor LLC (District 5). Ordinance rezoning a property at or near 6202 Yorktown Boulevard from the "CN-1" Neighborhood Commercial 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 City of Corpus Christi Page 3 Printed on 3/25/2024 City Council Meeting Agenda-Final-revised March 26,2024 13. 24-0311 Zoning Case No. 0124-06 (ZN8171), Sunriser Park LLC (District 4). Ordinance rezoning a property at or near 922 W. Lakeside Drive from the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit to the "RM-2" Multi-Family District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services Consent- Contracts and Procurement 14. 24-0388 Motion authorizing the purchase of a directional drilling rig and accessories from Vermeer Texas-Louisiana, of Corpus Christi, through the BuyBoard Cooperative, for$175,865.00 for the Gas Operations Department, with FY 2024 funding from the Gas Operations Fund. Sponsors: Gas Department and Finance &Procurement 15. 24-0205 Resolution authorizing execution of Amendment#1 to the service agreement with TriSec, LLC, dba Signal of Corpus Christi, to replace unarmed security guard services with armed services and increase contracted hours for the Libraries Department in the amount of $332,262.84, for a revised total of$1,814,932.18, with FY 2024 funding of $163,694.44 from the General Fund. Sponsors: Asset Management Department, Libraries and Contracts and Procurement 16. 24-0297 Motion authorizing execution of Amendment#1 to the co-op agreement with Great South Texas Corp, dba Computer Solutions, to renew Cisco Smartnet network maintenance and support for continuing one-year terms, subject to conditions and sufficient future appropriations, in the amount of $350,865.34 for the Information Technology Department, with FY 2024 funding from the Information Technology Fund. Sponsors: Information Technology Services and Finance &Procurement 17. 24-0252 Motion authorizing execution of a one-year co-op agreement with MCCi, LLC, of Tallahassee, Florida, through the BuyBoard Cooperative, for document imaging of vital records in an amount not to exceed $200,000.00, of which approximately $53,000.00 is included as an allowance for additional imaging, with FY 2024 funds from the General Fund. Sponsors: Information Technology Services, City Secretary's Office and Finance & Procurement Consent- Capital Projects 18. 24-0432 Motion authorizing a professional services contract with Z Design Group LLC, of Boulder, Colorado, for the design of the new Oso Golf Center Club House Building, located in Council District 4, in an amount up to $672,550.00, with FY 2024 funding available from G.O. Bond 2022. City of Corpus Christi Page 4 Printed on 3/25/2024 City Council Meeting Agenda-Final-revised March 26,2024 Sponsors: Engineering Services, Parks and Recreation Department and Contracts and Procurement General Consent Items 19. 24-0407 Resolution authorizing the submission of a grant application in the amount of$625,000 to the Texas Water Development Board's (TWDB) Clean Water State Revolving Fund Emerging Contaminants Program to evaluate an unregulated and emerging contaminant known as PFAS at the Greenwood Wastewater Treatment Plant; authorizing staff and consultants to coordinate the submission of the application. Sponsors: Corpus Christi Water Consent-First Reading Ordinances 20. 24-0415 Ordinance authorizing the acceptance of$1,867.26 from the State of Texas - Law Enforcement Officer Standards and Education for firearms training and ammunition for five arson investigators for the Corpus Christi Fire Department; and appropriating funds in the amount of$1,867.26 to the FY 2024 Fire Grants Fund. Sponsors: Fire Department 21. 24-0412 Ordinance accepting $54,134.93 from the State of Texas - Law Enforcement Officer Standards and Education for training courses and training-related travel for approximately 18 full-time sworn police officers for the Corpus Christi Police Department; and appropriating $54,134.93 in the FY 2024 Police Grants Fund. Sponsors: Police Department J. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. K. PUBLIC HEARINGS: (ITEM 22) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 22. 24-0411 Resolution of no objection of Gulfway Housing Partners, LP's 2024 4% Housing Tax Credit application for the existing 151 units of affordable housing at 1750 Treyway Lane known as Gulfway Manor Apartments. Sponsors: Planning and Community Development Department L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 23-261 The following items are motions, resolutions or ordinances that may be considered and voted on individually. 23. 24-0469 Ordinance amending the Capital Improvement Program to add the Art Museum of South Texas HVAC Improvements Project; appropriating City of Corpus Christi Page 5 Printed on 3/25/2024 City Council Meeting Agenda-Final-revised March 26,2024 $3,500,000.00 from the unreserved fund balance in the Seawall Fund; and amending the FY 2024 Operating and Capital Budgets. Sponsors: Economic Development 24. 24-0430 Resolution rejecting the apparent low bid of MAX Underground Construction as non-responsive and awarding a construction contract to Bay Ltd. of Corpus Christi, Texas, for reconstruction of Flato Road from Bates Road to Bear Lane with rigid concrete pavement and utility improvements, located in Council District 3, in an amount of$7,168,936.00 with FY 2024 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, Water Capital Funds and Gas. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 25. 24-0369 Motion authorizing a professional services contract with Hanson Professional Services Inc., Corpus Christi, Texas, in an amount of $4,192,377 for the Oso Creek Channel Bottom Rectification project to provide design services to enhance the capacity of the Oso Creek, located in Council District 5, with FY 2024 funding available from a Texas Water Development Board Loan. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 26. 24-0375 Motion awarding a Master Services Agreement for a Facility Multiple Award Contract to Barcom Construction Inc., from Corpus Christi, Texas, Gourley Contractors LLC from Corpus Christi, Texas, Marshall Company, Ltd., from Corpus Christi, Texas, and Geofill Construction from Corpus Christi, Texas, in an amount not to exceed $3,000,000.00 each with an option to renew for two additional one-year renewals to be administratively authorized for a total amount not to exceed amount of$36,000,000.00 each for minor construction, repairs, rehabilitation, and alterations of facilities, with FY 2024 funding available from Certificate of Obligations, Bond, and Capital Funds. Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement M. BRIEFINGS: (ITEMS 27-28) 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. 27. 24-0436 Visit Corpus Christi Annual Report & Visitor's Sentiment Briefing Sponsors: Economic Development 28. 24-0075 Briefing from the Corpus Christi Hooks on Whataburger Field Facility City of Corpus Christi Page 6 Printed on 3/25/2024 City Council Meeting Agenda-Final-revised March 26,2024 Improvements Sponsors: Economic Development N. EXECUTIVE SESSION: (ITEMS 29-31) 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. 29. 24-0452 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the potential purchase of property rights and/or utility easements along and near State Highway 286, Weber Road, and South Staples Street right-of-way for the State Highway 286 Waterline Replacement Project and other projects and Texas Government Code § 551.072 to discuss and deliberate the potential value and acquisition of said property rights 30. 24-0463 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 regulations, legal rights, and contracts related to surface water from the Nueces River and other sources, groundwater from the Evangeline Aquifer and other sources, desalination, legal restrictions on and permits required for the provision of water, regulations and contracts of water conservation and improvement districts and groundwater conservation districts (including, but not limited to Nueces County Water Conservation and Improvement District#3 and the San Patricio Groundwater Conservation District), TCEQ and EPA regulations related to water, state and federal regulations related to construction of water-related infrastructure, state restrictions on rates and charges for utilities, statutory restrictions on the issuance of debt and governmental contracting, and potential authorization of contracts for attorneys and consultants to assist in matters related to water. 31. 24-0427 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, industrial district agreements, and Chapters 42, 43 and 212 of the Texas Local Government Code and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business City of Corpus Christi Page 7 Printed on 3/25/2024 City Council Meeting Agenda-Final-revised March 26,2024 prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations O. ADJOURNMENT City of Corpus Christi Page 8 Printed on 3/25/2024 Land Donation for Corpus Christi Fire Department's Fire Station 12 (Donation from Coastal Bend Lots — Moses Mostaghasi) Land Donation Overview • Moses Mostaghasi from Coastal Bend Lots approached the City about donating a section of land next to Fire Station 12 • He is currently developing a subdivision behind the fire station and wanted to donate the land for the Fire Department to use in the future • The parcel of land is a 0.571 acre tract located north of the current fire station Land Donation Overview Cont' d • Land will be useful in upcoming years • Fire Station 12 is on CIP long-range plan for replacement • Additional land will be useful when constructing replacement station • Designed the sanitary sewer line on the east side (backside) of station property • Allows City to attach current station to the sanitary sewer system and removed from current lift system Land Donation Mt I� .Cg6••r•.a C • _ ®_ L R 10M N -swanm,��n�nrrm. s ' atE11f r ' ~• P� I, n• an ov ,.. 5 ji IJr. dt.'.a .Jr. .4 -Y. :,.., �� .. .,.,:..'R,::... j�I „�v ' '�' ;------,w-Jt!16'Ri..--_--.---;—I � .r. i•7i1 dl' ..-7mY:.:. ;... Y III' JJ 1� .i. -I, J. .J, .d. .», e. .i. ..:. .ii. � .Y. _ ner erne P.war T ... ,R" i P i'� cwewaomenr■ub s■ce P PUT OF COPY ■vrF!rns+ ROYAL OAK ONR 3 CORPUS CHRISTI, NUECES COUNTY,TX A. a..w„ - 'ts-_ ---- - - Land Donation IJ -17,77, Royal Oak Dr Royal Oak Dr R ya1 v O ■ ,rt � o Land Donation s ISLAND% ',mr, "'Fl ur ISLANDERS BEACH VOLLEYBALL CLASSIC MARCH 19-30 FREE GENERAL ADMISSION WATER-S EDGE PARK, CORPUS CHRISTI, CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Mayor and City Council e FROM: Peter Zanoni, City Manages" SUBJECT: Highlight of Upcoming Major City Business April through .June DATE: March 22, 2024 Below is a highlight of upcoming major City business scheduled for April through June. Over the next three months, staff will be focused on areas including the Seawater Desalination Plant, Type A sales tax renewal, Bond 2024 program, Impact Fees, and FY 2025 Budget preparation. The dates listed below are subject to change. Seawater Desalination Plant and Water Management • Wednesday, March 27 - Friday, March 29—Houston Water System site visit by City Staff • Thursday, March 28 — 'Texas Commission on Environmental Quality (TCEQ) La Quinta Intake consideration (Austin,TX) • Friday, March 29—Inner Harbor Request for Qualifications issuance • Thursday, April 18 —TCEQ Public Meeting for Inner Harbor Desalination Plant discharge permit (American Bank Center) • Tuesday,April 23 —Drought Contingency Plan; Water Conservation Plan • Thursday,June through Friday,June 7—Carlsbad,California Seawater Desalination Plant site visit by City Staff and interested Council Members Type A Sales Tax Renewal/Bond 2024 Community Input Sessions • Wednesday, May 1 —District 4,Ethel Everly Senior Center • Monday,May 6—District 1,Northwest Senior Center • Wednesday,May 8—District 2, Lindale Senior Center • Thursday, May 9—District 5, Veteran's Memorial High School • Wednesday,May 15—District 3, Corpus Christi Water, Choke Canyon Room Impact Fees • Thursday, March 28 — Capital Improvement Advisory Committee (CIAO) meeting to discuss Impact Fee recommendations to City Council • Thursday,April 18—CIAO meeting to discuss Impact Fee recommendations to City Council • Wednesday, May 15 — Joint Workshop with City Council, Planning Commission, and Capital Improvement Advisory Committee FY 2025 Budget Preparation • Tuesday, April 30 —City Council Budget Goal Setting Session Cityof Corpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 rGr' cctexas.com Meeting Minutes City Council Tuesday, March 19,2024 11:30 Adkrpus 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 11:32 a.m. B. Invocation to be given by Reverend Dr. Russell C. Hildebrandt, Trinity Our Savior Lutheran Church. Reverend Dr. Russell C. Hildebrandt, Trinity Our Savior Lutheran Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Alasia Noyola, Senior at Mary Carroll High School. Alasia Noyola, Senior at Mary Carroll High School, 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 Note: Council Member Barrera attended by video conference. 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. SECURITY BRIEFING Assistant City Secretary Stephanie Box provided a security briefing. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1-3) 1. 24-0458 Recognition of CCRTA for use of meeting room facilities for City Council Meetings City of Corpus Christi Page 1 Printed on 312212024 City Council Meeting Minutes March 19,2024 City Manager Peter Zanoni and City Secretary Rebecca Huerta recognized Corpus Christi Regional Transportation Authority's staff for accommodating City Council meetings at their facility for the past seven months. 2. 24-0352 Stage 2 Water Restrictions, Presented by Drew Molly, Chief Operating Officer of Corpus Christi Water Chief Operating Officer of Corpus Christi Water Drew Molly presented information on the following topics: historical lake levels; water restrictions and lake levels; drought update; stage 2 water restrictions; communication and outreach; and water supply projects. Council Members, City Manager Peter Zanoni, Chief Operating Officer Molly, and Water Resource Manager Esteban Ramos discussed the following topics: a desire for industrial businesses to reduce water usage; the City does not regulate business water use except for landscape watering; the City can implement surcharges; the City encourages all surrounding areas to follow the same water restrictions; the Mary Rhodes Pipeline study will soon be provided by HDR Engineering; a request for the City Manager to confer with Council Members before changing water rates; and the drought contingency plan is up for City Council renewal. 3. 24-0347 Defense Economic Adjustment Assistance Grant (DEAAG) Natural Gas line Installation at NAS-CC Project Update, Presented by Bill Mahaffey, Director of Gas Department Director of Gas Department Bill Mahaffey presented information on the following topics: DEAAG project; project summary; and DEAAG project team. Commander Joshua Sharp, Public Works Officer for NAS-CC, stated that they oversee new construction, building maintenance, environmental compliance, and facility support to the Naval Air Station. Council Members and Director Mahaffey discussed the following topics: about eight miles of pipeline were installed for approximately $2 million dollars; and the Naval Air Station is one of the City's biggest gas customers. G. PUBLIC COMMENT Mayor Guajardo opened public comment. John Weber, 609 Naples St., read sections from the Texas Penal Code regarding false statements. The following citizens spoke in opposition to the COVID-19 mRNA vaccinations: Shawn Flanagan, 4218 Herndon St., Deborah Williamson, 25 Rock Creek Dr., and Bruce Switalla, 2818 Hulbirt St. Rachel Caballero, 522 Hancock Ave., spoke in opposition to the ammonia plant in Robstown, TX, and about honesty and integrity. City of Corpus Christi Page 2 Printed on 312212024 City Council Meeting Minutes March 19,2024 Kathryn Oler, 1400 Ocean Dr., spoke about controversial books at public libraries. Victoria Rogers, 15837 Grenadine Dr., advocated for an appointment to the Island Strategic Action Committee. Susie Saldana, 4710 Hake] Dr., commended City Manager for finding ways to supplement water supply. Ginny Cross, 602 N. Staples St., announced the Annual Coastal Bend Advocacy Trip to Washington D.C. from June 3-5, 2024. John Hendricks, 622 Texas Ave., expressed concern about the City's hiring practices. Jesse Gilbert, 2710 N. Shoreline Blvd., thanked City Council for their support with the North Beach improvements. The following individuals spoke in opposition to the Avina ammonia plant in Robstown: Alma Studer, 5433 CR 79, Sandra Arizmendi, 4519 FM 1889, Marie Lucio, 4899 CR 30, and Myra Alaniz, FM 1889. Dustin Cronan, 101 Poesta Dr., Portland, TX, spoke about autism awareness. The following citizen submitted a written public comment which is attached to the minutes: Julie Rogers, 710 Furman Ave. H. BOARD & COMMITTEE APPOINTMENTS: (ITEM 4) 4. 24-0428 Building Standards Board (4 vacancies) Construction Trade Advisory & Appeals Board (1 vacancy) Corpus Christi Aquifer Storage and Recovery Conservation District (Council confirmation for officers) Island Strategic Action Committee (8 vacancies) Watershore and Beach Advisory Committee (2 vacancies) Mayor Guajardo referred to Item 4. Building Standards Board: Reappointed: Catherine Giffin (At-Large) and Merced V. Pena (At-Large) Appointed: William B. Ewing, Jr. (Home Builder) and Chic G. Henderson (General Contractor) Construction Trade Advisory and Appeals Board: Appointed: Saul S. Esquivel (HVAC Technician) Corpus Christi Aquifer Storage and Recovery Conservation District: Appointed: Dan McGinn as President, Andrew Molly as Vice-President, and Jeffrey Edmonds as Secretary City of Corpus Christi Page 3 Printed on 312212024 City Council Meeting Minutes March 19,2024 Island Strategic Action Committee: Reappointed: Marvin L. Jones (At-Large) Terry A. Palmer (At-Large), Robert B. Pruski, Jr. (Construction Contractor), and Craig Thompson (Professional Engineer) Council voted to postpone four new appointments until April 16. Council Member Suckley moved to postpone, seconded by Council Member Pusley. Watershore and Beach Advisory Committee: Appointed: Glenn A. Duhon, Jr. (At-Large) and Janie Gifford (At-Large) I. EXPLANATION OF COUNCIL ACTION: J. SPECIAL PRESENTATION: (ITEM 5) 5. 24-0384 Proposed Bond 2024 Funding Capacity Briefing, Presented by Financial Advisor, Specialized Public Finance, Inc. Mayor Guajardo referred to Item 5. Assistant City Manager Neiman Young presented information on the following topics: city bond background; and key dates for Bond 2024. Financial Advisor Victor Quiroga with Specialized Public Finance, Inc. presented information on the following topics: presentation outline; November 2022 bond program: $125,000,000; future bond issuance assumptions; historical and projected taxable value growth; and summary of I&S bond capacity analysis. Council Members, City Manager Peter Zanoni, and Mr. Quiroga discussed the following topics: the estimated rate for the $50 million bond issuance is anticipated to be four percent or less for the 20 year General Obligation Bond; how debt obligation affects the effective tax rate; the City is confident with the $175 million for Bond 2024; and staff is recommending a pilot sidewalk infill program in District 2. K. CONSENT AGENDA: (ITEMS 6-27) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 12, 15, 16, 18, 19, 21, 22, and 25 were pulled for individual consideration. Item 20 was withdrawn by the City Manager. Council Member Suckley moved to approve the consent agenda with the exception of Items 12, 15, 16, 18,19, 20, 21, 22, and 25, seconded by Council Member Klein. 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 City of Corpus Christi Page 4 Printed on 312212024 City Council Meeting Minutes March 19,2024 Abstained: 0 6. 24-0390 Approval of the February 27, 2024 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent- Second Reading Ordinances 7. 24-0040 Ordinance authorizing a 15-year lease agreement, with one five-year option to renew, with Sterling Air Service, LLC, for a fixed base operator to occupy hangars, office, lobby, and maintenance space at the Corpus Christi International Airport; and providing for publication and an effective date (28-day delay required between readings). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033315 8. 24-0217 Ordinance authorizing the acceptance of a grant from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children Task Force program in the amount of $28,410.00 to purchase forensic computer equipment and software licenses for the Corpus Christi Police Department; and appropriating the $28,410.00 in the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033316 9. 24-0267 Ordinance amending the Unified Development Code (UDC) §3.1.6 to adopt required application materials for plat applications and designating the Development Service Director to oversee the platting process and §3.1.7 to require notification to owners of nonconforming uses created by rezoning; and providing for publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033317 10. 23-2048 Ordinance abandoning, vacating, and closing 0.337 acres of improved public right-of-way for the Fair Market Value of$700.00, identified as Figueroa Street, on the east side of the intersection of Figueroa Street and Lindgreen Street, conditioned on Petitioner, Mateo Luera, meeting specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033318 Consent- Contracts and Procurement 11. 23-1629 Resolution authorizing a three-year service agreement with Andritz City of Corpus Christi Page 5 Printed on 312212024 City Council Meeting Minutes March 19,2024 Separation Inc. of Arlington, in an amount not to exceed $211,776.33, for centrifuge preventative maintenance and repairs for Corpus Christi Water, with FY 2024 funding of$47,061.41 from the Wastewater Fund. This Resolution was passed on the consent agenda. Enactment No: 033319 12. 24-0214 Motion authorizing execution of a three-year supply agreement with Aaron Materials, Inc., of Austin, with an office in Aransas Pass, in an amount not to exceed $2,177,537.50 to purchase bedding and backfill materials for water and wastewater line repairs for Corpus Christi Water, with FY2024 funding of $423,410.07 from the Water Fund. Mayor Guajardo referred to Item 12. A Council Member and Assistant Director of Finance and Procurement Josh Chronley discussed the following topics: only one bid was provided because the other two bidders were disqualified for not complying with the bid sheet; and staff may recommend that products be delivered by one supplier instead of multiple suppliers for timely work completion. Council Member Pusley moved to approve the motion, seconded by Council Member Campos. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: M2024-034 13. 24-0197 Motion authorizing execution of a one-year service agreement, with a one-year option, with Pavlov Advertising, LLC, of Fort Worth, in an amount not to exceed $150,000.00, with a potential of$300,000.00 if the option is exercised, for a digital marketing campaign for the Corpus Christi International Airport (CCIA), with FY 2024 funding of$75,000.00 from the Airport Operating Fund. This Motion was passed on the consent agenda. Enactment No: M2024-035 Consent- Capital Projects 14. 24-0372 Motion awarding a construction contract to GFL Environmental Services USA, Inc., of Raleigh, North Carolina to dredge, dewater, haul, and dispose of settled sediments and water treatment plant residuals from the pre-sedimentation basin at the O.N. Stevens Water Treatment Plant in an City of Corpus Christi Page 6 Printed on 312212024 City Council Meeting Minutes March 19,2024 amount of$8,757,565.00 and authorize a professional services contract amendment No. 6 to Hazen and Sawyer, Corpus Christi, Texas, to provide construction phase services in an amount of$164,032.00, for a total contract value not to exceed $1,147,012.00, located in Council District 1, with funding available from the Water CIP Fund. This Motion was passed on the consent agenda. Enactment No: M2024-036 General Consent Items 15. 24-0367 Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue not more than $50,005,000 of Certificates of Obligation, in one or more series, for certain facility construction and capital improvements, as included and approved by City Council in the Fiscal Year 2024 Capital Budget; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. Mayor Guajardo referred to Item 15. Council Member Hernandez pulled this item to vote no. Council Member Pusley moved to approve the resolution, seconded by Council Member Suckley. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: 033320 16. 24-0389 Resolution of the Corpus Christi City Council naming the City Council Chambers in honor of the late Mayor Betty Turner, Corpus Christi's first female Mayor, to recognize and commemorate Mayor Betty Turner for her extraordinary civic contributions to the City of Corpus Christi and its people. Mayor Guajardo referred to Item 16. Mayor Guajardo stated that the passage of this item would name the City Council Chambers in honor of the late Mayor Betty Turner, Corpus Christi's first female Mayor. The ribbon cutting will be held in the Council Chambers on March 26, 2024 at 9:00 a.m. At 11 a.m., Mayor Guajardo will present the Turner family with a proclamation declaring March 26 as "Mayor Betty Turner Day." Mayor Guajardo moved to approve the resolution, seconded by Council Member City of Corpus Christi Page 7 Printed on 312212024 City Council Meeting Minutes March 19,2024 Pusley. This Resolution 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: 033321 17. 24-0292 Resolution authorizing the submission of six grant applications to the Public Safety Office - Homeland Security Grants Division for the State Homeland Security Program for equipment to help prevent terrorism and other catastrophic events for public safety such as Hazmat Response Team equipment, bomb squad, Special Weapons and Tactics team equipment, and the Corpus Christi Fire Department in an amount of$841,256.97. This Resolution was passed on the consent agenda. Enactment No: 033322 18. 24-0373 Motion authorizing a Utility Relocation Reimbursement Agreement with AEP Texas Inc., with payment by the City in the amount of$396,717.00 for AEP to modify/relocate a guy wire located on the Rodd Field Road Construction Project, located in City Council District 5 with FY 2024 funding available from the Bond 2020 program. Mayor Guajardo referred to Item 18. Council Members and Director of Engineering Services Jeff Edmonds discussed the following topics: the cost of relocating/modifying the transmission line; and a request for copies of receipts of work completed by AEP. 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 Nay: 1 - Council Member Klein Abstained: 0 Enactment No: M2024-037 19. 24-0400 Resolution suspending AEP Texas Inc.'s requested rate increase, approving cooperation with other cities served by AEP Texas, authorizing participation in the PUC rate proceedings, hiring consultants, and requiring reimbursement of City rate case expenses. Mayor Guajardo referred to Item 19. City Attorney Miles Risley stated that AEP uses the City's franchised rights of way to City of Corpus Christi Page 8 Printed on 312212024 City Council Meeting Minutes March 19,2024 deliver electricity to Corpus Christi. The City has special regulatory authority over the rates. The City has a role in opposing the proposed rate increases. This resolution will suspend the rate increase for 90 days and authorizes the City to hire attorneys to oppose the proposed AEP rates. Council Member Hernandez moved to approve the resolution, seconded by Council Member Hunter. This Resolution 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: 033323 20. 24-0423 Motion authorizing an amendment to the Agreement for City-Operated Corpus Christi-Nueces County Public Health District (CCNCPHD) for FY23-24, Nueces County's contribution of$1,765,296.00 for Public Health Services renewed annually with an option for additional negotiated contributions, with the County's remaining balance of$1,029,756.00 of the total contribution being due by September 30, 2024. This Item was postponed. 21. 24-0356 Resolution to approve the Revised Calendar Year 2024 Annual Audit Plan to include an audit of the Human Resources Hiring Process and be implemented by the City Auditor's Office. Mayor Guajardo referred to Item 21. Council Members and City Auditor George Holland discussed the following topics: a request for the Audit Department to provide a timeline to Council about what has been completed; the City has been more productive with audits in the last year; and the Audit Committee's goal is to explore more ways to improve the organization. Council Member Campos moved to approve the resolution, seconded by Council Member Hernandez. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 033324 Consent-First Reading Ordinances 22. 24-0302 Ordinance amending Section 14-544, 14-552 and 14-556 of the Corpus City of Corpus Christi Page 9 Printed on 312212024 City Council Meeting Minutes March 19,2024 Christi Code to update certain provisions including Federal Emergency Management Agency (FEMA) compliance requirements and nonstructural fill on North Beach; providing for a penalty; and publication. Mayor Guajardo referred to Item 22. Council Member Hernandez moved to amend the Ordinance to strike "parks" in paragraph 15(d) from page 7, seconded by Council Member Pusley and passed unanimously. Council Member Pusley moved to approve the ordinance as amended, seconded by Council Member Suckley. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hunter Abstained: 0 23. 24-0365 Ordinance accepting $424,212.00 for an increase in the Air Quality Planning Grant from the Texas Commission on Environmental Quality to provide air quality planning activities for fiscal year 24/25; appropriating $424,212.00 in the Health Grant Fund; and authorizing an amendment to an interlocal cooperation agreement with Texas A & M University-Corpus Christi to add $381,791.00 for air quality monitoring service through December 31, 2025. This Ordinance was passed on first reading on the consent agenda. 24. 24-0364 Ordinance amending the FY 2023-24 Corpus Christi Tax Increment Reinvestment Zone #3 (TIRZ #3) budget, to increase expenditures by a total of$3,690.60. This Ordinance was passed on first reading on the consent agenda. 25. 24-0264 Ordinance authorizing the City Manager to execute a one-year lease agreement with Turo, Inc. for peer-to-peer vehicle sharing service at Corpus Christi International Airport, with two one-year options to renew, in consideration of monthly lease payments based on 10% of gross revenue. Mayor Guajardo referred to Item 25. Council Members, City Manager Peter Zanoni, and Director of Aviation Kevin Smith discussed the following topics: the City has the right to terminate this contract at anytime if necessary; and designated spots will be numbered 1-40 for Turo customers in the short-term parking lot. Council Member Pusley moved to approve the ordinance, seconded by Mayor Guajardo. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 10 Printed on 312212024 City Council Meeting Minutes March 19,2024 Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hunter Abstained: 0 26. 24-0275 Ordinance authorizing Lease Amendment No. 8 to the lease agreement between the City of Corpus Christi and the U.S. General Services Administration for office, terminal, and counter space at the Corpus Christi International Airport by the Transportation Security Administration from March 1, 2024, through February 28, 2029, for minimum annual rent of$622,923.87. This Ordinance was passed on first reading on the consent agenda. 27. 24-0328 Ordinance authorizing a five-year farm lease agreement with Danysh Farms, Inc. to lease approximately 68.93 acres of farmland at Corpus Christi International Airport, with one three-year renewal option, in consideration for $7,295.56 annually with 3% annual increases. This Ordinance was passed on first reading on the consent agenda. L. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:40 p.m. Mayor Guajardo reconvened the meeting at 2:21 p.m. M. PUBLIC HEARINGS: (ITEMS 28-29) 28. 24-0193 Zoning Case No. 0124-05, Corpus Christi Corridor LLC (District 5). Ordinance rezoning a property at or near 6202 Yorktown Boulevard from the "CN-1" Neighborhood Commercial 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). Mayor Guajardo referred to Item 28. Planning Manager of Development Services Andrew Dimas presented information on the following topics: zoning and land use; public notification; commercial nature of Yorktown Blvd.; buffering incompatible uses; staff analysis and recommendation. A Council Member and Planning Manager Dimas discussed the following topic: a masonry wall matching the current wall be extended to alleviate noise concerns. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. City of Corpus Christi Page 11 Printed on 312212024 City Council Meeting Minutes March 19,2024 Council Member Hernandez moved to approve the ordinance, seconded by Council Member Campos. 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 Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hunter Abstained: 0 29. 24-0311 Zoning Case No. 0124-06 (ZN8171), Sunriser Park LLC (District 4). Ordinance rezoning a property at or near 922 W. Lakeside Drive from the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit to the "RM-2" Multi-Family District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 29. Planning Manager of Development Services Andrew Dimas presented information on the following topics: zoning and land use; public notification; and staff analysis and recommendation. A Council Member and Planning Manager Dimas discussed the following topic: the 30 new units will be built out of steel shipping containers, which are being used more often because they are hurricane resistant, more affordable, and easier to maintain. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing Council Member Hernandez moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hunter Abstained: 1 - Council Member Suckley N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 30-33) 30. 24-0401 Motion authorizing Amendment No. 1 to a Master Services Agreement for Staff Augmentation Services to AGICM of Corpus Christi in an amount not to City of Corpus Christi Page 12 Printed on 312212024 City Council Meeting Minutes March 19,2024 exceed $1,500,000.00, for a total contract value not to exceed $3,000,000.00 with a two year extension supporting projects located Citywide with funding available from the Capital Improvements Program. Mayor Guajardo referred to Item 30. Council Members, Director of Engineering Services Jeff Edmonds, and Assistant City Manager Neiman Young discussed the following topics: concerns about the bidding process; the purpose of this amendment is to add more funding to the contract because more inspectors are needed; and to ensure a process is in place for future contracts. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the motion, seconded by Council Member Roy. 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: M2024-038 31. 24-0374 Resolution approving pavement design recommendations for the Bond 2022 Streets projects following City Council Policy 28 which outlines the guidelines for awarding arterial and collector street construction contracts using concrete pavement or asphalt pavement. Mayor Guajardo referred to Item 31. Director of Engineering Services Jeff Edmonds presented information on the following topics: project scope; and HMAC-PCCP pavement recommendations. Council Members, City Manager Peter Zanoni, Director Edmonds, and Director of Public Works Ernest De La Garza discussed the following topics: staff recommends these projects be constructed by either asphalt or concrete; pavement is designed based on traffic condition; most industrial areas should have concrete pavement; and a desire to maintain the current Council policy. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. City of Corpus Christi Page 13 Printed on 312212024 City Council Meeting Minutes March 19,2024 Council Member Pusley moved to postpone this item until April 9, 2024, seconded by Council Member Hunter. This Item was tabled 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 32. 24-0370 Motion authorizing a construction contract to CSA Construction, Inc., Houston, Texas, for the Oso Water Reclamation Plant (WRP) Process Upgrade & Breakpoint Chlorination (BPC) Facility Decommissioning project to replace the existing Breakpoint Chlorination (BPC) facility with biological ammonia removal treatment process, provides a third treatment basin and modifies the existing two treatment basins to increase the treatment capacity in an amount of$109,890,200.00 and an Amendment No. 10 to the Professional Services Contract with Ardurra Group Inc., Corpus Christi, Texas in an amount not to exceed $1,000,000.00 for a total amount of $11,048,529.00 for construction phase services, located in Council District 4, with FY 2024 funding available from the Wastewater Capital Fund. Mayor Guajardo referred to Item 32. Director of Engineering Services Jeff Edmonds presented information on the following topic: project location. Council Members, Director of Water System Infrastructure Wesley Nebgen, and Capital Improvement Program Manager Kamil Taras discussed the following topics: this construction contract will allow the City to meet the consent decree order from TCEQ; and how this affects the wastewater rates. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Campos moved to approve the motion, seconded by Council Member Roy. 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: M2024-039 33. 24-0371 Motion authorizing a construction contract to Reytec Construction Resources, Inc., of Houston, Texas, for the construction of Raw Water Influent and Chemical Facilities Improvements at O.N. Stevens Water Treatment Plant (ONSWTP) in an amount of$86,679,500.00 for Total Base Bid plus selected City of Corpus Christi Page 14 Printed on 312212024 City Council Meeting Minutes March 19,2024 Alternates 1 and 2; professional services contract amendment No. 3 to Ardurra Group, Inc. of Corpus Christi to provide construction phase services in an amount of$734,472.00 for a total contract value not to exceed $1,924,384.00; and professional services contract amendment No. 7 to Freese and Nichols Inc. of Corpus Christi to provide construction phase services in an amount of$987,466.00 for a total contract value not to exceed $3,627,015.00, with FY 2024 funding from the Water CIP Fund. Mayor Guajardo referred to Item 33. This item will allow the City to expand the water treatment capacity by 30 million gallons per day. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. 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 Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Suckley Abstained: 0 Enactment No: M2024-040 M. BRIEFINGS: (ITEM 34) 34. 24-0327 Parks & Recreation Department 10-Year Master Plan Briefing Mayor Guajardo referred to Item 34. Director of Parks and Recreation Robert Dodd presented information on the following topics: plan overview; goal 1: park system growth and access; goal 2: parks system investments; goal 3: recreational programming; goal 4: administration and operations; and strategic partnership. Council Members, Director Dodd, Assistant Director of Parks and Recreation Tyler Florence, and Assistant Director of Parks and Recreation Sergio Gonzalez discussed the following topics: an estimated 35 parks have been adopted; a request for more basketball courts; strategic partnerships created with groups who work closely with the City on big events; adding a volunteer urban forester with the Parks and Recreation Advisory Committee; a request for shade structures at West Guth Park; staff will be proposing a master plan in July for park trails; the City is in the process of obtaining a City of Corpus Christi Page 15 Printed on 312212024 City Council Meeting Minutes March 19,2024 cost estimate for the full design of Sherrill Park; the importance of shade structures and athletic facilities for Padre Island and Flour Bluff; a presentation will be brought to Council Members soon regarding leasing baseball fields; and a desire for more water fountains and the importance of maintaining them. O. EXECUTIVE SESSION: (ITEMS 35-36) 35. 24-0380 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, industrial district agreements, and Chapters 42, 43 and 212 of the Texas Local Government Code and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations This E-Session Item was withdrawn. 36. 24-0406 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 regulations, legal rights, and contracts related to surface water from the Nueces River and other sources, groundwater from the Evangeline Aquifer and other sources, desalination, legal restrictions on and permits required for the provision of water, regulations and contracts of water conservation and improvement districts and groundwater conservation districts (including, but not limited to Nueces County Water Conservation and Improvement District#3 and the San Patricio Groundwater Conservation District), TCEQ and EPA regulations related to water, state and federal regulations related to construction of water-related infrastructure, state restrictions on rates and charges for utilities, statutory restrictions on the issuance of debt and governmental contracting, and potential authorization of contracts for attorneys and consultants to assist in matters related to water This E-Session Item was withdrawn. P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 5:17 p.m. City of Corpus Christi Page 16 Printed on 312212024 From: CitvSecretary To: Stephanie Box;Sarah Brunkenhoefer Subject: FW: Public Input: 03-19-2024-Julie Rogers Date: Tuesday, March 19,2024 11:22:14 AM From:Jotform <noreply@jotform.com> Sent:Tuesday, March 19, 2024 11:19 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 03-19-2024 -Julie Rogers [ [WARNING: External a-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: The email has been flagged for potential inappropriate content. If you are unsure of the sender do not reply or open links. If you have any questions or concerns, please contact the Service Desk at 826-3766. Thank you. u Public Comment& Input Form Date of Meeting 03-19-2024 Name Julie Rogers Address Street Address: 710 Furman Ave Street Address Line 2: Corpus Christi, TX City: Corpus Christi State/ Province: TX Postal/Zip Code: 78404 Topic Appreciation Agenda Item Number N/A Describe Feedback: The conversation and visioningyou are doing with the future of the Type A Funds, especially using it to repair& maintain the Convention Center Complex&flooding prevention in other parts of the city helps everyone—community members &visitors. Thanks. Apply the same vision to our public Libraries which are also for everyone. A few community members cannot decide what everyone in the community should read. This goes against the principles of our U.S. Constitution and the First Amendment. Parents are responsible for what their children read not for what others read. Librarians are not responsible for policing what library patrons read nor are they grooming children.When Librarians are characterized as sexual deviants or perverts, it puts them in harm's way. Thank goodness there are now security guards in all the libraries. Appreciate the signage on Staples St for navigating to La Retama &for the stairs coming down from the upper parking lot, but please add a wheelchair ramp. Provide an email to receive a copy of your rogersjuliet@gmail.com submission. SC ` k 0 AGENDA MEMORANDUM NCORP0R 10 First Reading for the City Council Meeting of February 27, 2024 1852 Second Reading for the City Council Meeting of March 26, 2024 DATE: February 20, 2024 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Services David L3(a�cctexas.com (361) 826-1966 Josh Chronley, Assistant Director of Finance — Procurement Josh C2(a)cctexas.com (361) 826-3169 Amendment to Landfill Gas and Lease Agreement CAPTION: Ordinance authorizing the City Manager to execute the amendment to the 30-year ground lease Landfill Gas and Lease Agreement dated May 11 , 2023 with Corpus Christi Renewables, LLC (CCR) for payment to the City to install and maintain the transmission pipeline from J. C. Elliott Landfill to Cefe Venezuela Landfill; to charge CCR a fee for construction of the pipeline up to $1,776,795.29-1 to set a fee for operation of the pipeline; to waive royalties for the first two years with monthly royalty payments to begin after the first two years; and that CCR will be responsible for all future capital expenditures, monitoring expenses, and maintenance costs related to J. C. Elliott well field; and providing for publication and an effective date. (28-day delay required between readings) SUMMARY: The former J.C. Elliott Landfill (J.C. Elliott) is approximately 200 acres with 138 gas wells producing valuable renewable gas that is destroyed through flaring. BACKGROUND AND FINDINGS: The City opened J.C. Elliott in 1972. The landfill has accepted waste for 35 years and currently contains about 9.9 million tons of waste in place. The waste generates landfill gas (LFG), which contains methane, a valuable commodity. In order to stay in compliance with federal air regulations, the City is required to manage the generated landfill gas. Currently, the LFG is destroyed through a flare system, a costly procedure and yields no financial benefit. On May 11, 2023, the City entered into a Landfill Gas and Lease Agreement (Agreement) with CCR to convert LFG at Cefe Valenzuela Landfill (Cefe) into renewable natural gas that is sold to a local natural gas pipeline. The revenue generated for the City through the sale of gas consists of royalties that are specified in the agreement. Solid Waste Services proposes amending the Agreement to allow CCR to utilize a suitable location at J.C. Elliott for the purpose of partially processing LFG, and subsequently transmitting the LFG to the CCR gas facility situated at Cefe. The gas will be further processed into renewable natural gas, which will then be sold via the transmission pipeline. Revenue will be generated in the form of royalties, as detailed in the attached amendment. As outlined in the amendment, CCR will pay the City's Gas Department for installation and maintenance of the transmission pipeline from J.C. Elliott to Cefe. The estimated initial investment for CCR is $1.8 million. In addition, the City will have ownership of the pipeline and implement a charge of$0.20 per mcf on CCR for the pipeline's operation. The royalties generated from the sale of RNG generated at J.C. Elliott will be waived for the first two years of production to offset the pipeline and plant installation costs. CCR will be responsible for all future capital expenditures, monitoring expenses, and maintenance costs related to the J.C. Elliott well field. Procurement Detail: Finance-Procurement conducted a competitive Request for Proposal (RFP 3940) process to obtain proposals for the Landfill Gas and Lease Agreement. Twelve firms submitted for the RFP. CCR, Option 3, scored the highest and was selected for the landfill gas and lease Agreement.The selection committee was comprised of representatives from Solid Waste Services, Gas Operations, Public Works, and Engineering Services. The City Manager's Office was on the panel as a non-scoring member. The final evaluation of the projects, including royalty payment offer to the City, qualified CCR as the highest-ranked firm based on three factors: 1) firm's experience 2) team experience and identification, and 3) understanding of project scope. CCR's qualifying presentation offered more than twenty (20) years' experience developing, fabricating, installing, and operating high-BTU LFG facilities. CCR has developed ten (10) high-BTU Landfill projects, including the operation of the LFG collection system, of which seven (7) were developed in Texas. ALTERNATIVES: Continue flaring gas at J.C. Elliott. There is no economic benefit for the city and there is ongoing expense related to operating, monitoring, and maintenance. FISCAL IMPACT: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of this Amendment as presented. LIST OF SUPPORTING DOCUMENTS: Amendment to Landfill Gas and Lease Agreement Presentation Ordinance authorizing the City Manager to execute the amendment to the 30-year ground lease Landfill Gas and Lease Agreement dated May 11, 2023 with Corpus Christi Renewables, LLC (CCR) for payment to the City to install and maintain the transmission pipeline from J. C. Elliott Landfill to Cefe Venezuela Landfill; to charge CCR a fee for construction of the pipeline up to $1,776,795.29; to set a fee for operation of the pipeline; to waive royalties for the first two years with monthly royalty payments to begin after the first two years; and that CCR will be responsible for all future capital expenditures, monitoring expenses, and maintenance costs related to J. C. Elliott well field; and providing for publication and an effective date. (28-day delay required between readings) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute the amendment to the Landfill Gas and Lease Agreement dated May 11, 2023 with Corpus Christi Renewables, LLC (CCR), for payment to the City to install and maintain the transmission pipeline from J. C. Elliott Landfill to Cefe Venezuela Landfill; to charge CCR a fee for construction of the pipeline up to $1 ,776,795.29-1 to set a fee for operation of the pipeline; to waive royalties for the first two years with monthly royalty payments to begin after the first two years; and that CCR will be responsible for all future capital expenditures, monitoring expenses, and maintenance costs related to J. C. Elliott well field. SECTION 2. Publication of the lease amendment ordinance must be made in the official publication for the City of Corpus Christi as required by the City Charter. SECTION 3. The lease amendment is effective on the 61 st day following final approval by City Council. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary JC Elliott Amendment To the LANDFILL GAS AND LEASE AGREEMENT dated May 11, 2023 between the City of Corpus Christi and Corpus Christi Renewables, LLC This JC Elliott Landfill ("JCE")Amendment(the"JCE Amendment"), dated May 11, 2023 (the "JCE Effective Date"), is between the City of Corpus Christi, a Texas home-rule municipal corporation ("Landfill Owner"), and Corpus Christi Renewables, LLC, a Texas limited liability company("CCR"), (collectively, the "Parties"). RECITALS A. WHEREAS,the Parties have executed a Landfill Gas and Lease Agreement, dated May 11, 2023 (the "Agreement"). B. WHEREAS,the Landfill Owner owns a landfill gas collection and control system at JCE (the "JCE GCCS" as defined herein) through which the Landfill Owner collects and manages Landfill Gas (as defined in the Agreement). C. WHEREAS, CCR designs and operates Landfill Gas processing facilities, converting Landfill Gas to High-BTU Gas (as defined in the Agreement). D. WHEREAS, the Parties desire to amend the Agreement to have CCR gather landfill gas at JCE ("JCE Landfill Gas"), transport it to CCR's Facilities (as defined in the Agreement), and process such JCE Landfill Gas at CCR's Facilities, creating High-BTU Gas (as defined in the Agreement)for sale. NOW, THEREFORE, in consideration of the premises and mutual covenants herein, the Parties hereto agree as follows: 1. Unless defined herein, all capitalized terms used herein have the meaning defined in the Agreement. 2. Unless modified herein, all provisions of the Agreement apply to this Amendment. 3. "JCE GCCS" means the JC Elliott Landfill gas gathering and control system located at 7001 Ayers Street, Corpus Christi,TX,78415,and comprised of the system of wells and piping that collects or assists in the collection and destruction of Landfill Gas from JCE including, but not limited to, extraction wells, horizontal wells, lateral and header piping, valves, sumps, wellheads, air supply piping, liquid force-main piping, pumps, and other appurtenances, blowers and motors, flares, air compressors, flow meters, flare facility controls, and any monitoring and recording devices, Blower-Flare Facility, and Meters. 4. The JCE GCCS, including the pipeline constructed by the City to transport JCE Landfill Gas to CCR's Facility, is part of the GCCS as defined in the Agreement. 5. "Landfill Owner's ICE Permits" means the following JCE permits. a. "Landfill Owner's JCE Air Permit" means permit numbers issued by the TCEQ, as it may be amended from time to time. b. "Landfill Owner's JCE Solid Waste Permit" means permit number issued by the TCEQ, as it may be amended from time to time. 6. Landfill Owner's JCE Permits are included as Landfill Owner's Permits as defined in the Agreement. 7. "JCE Site" means the real property premises described in Exhibit A to this Amendment and is included within the definition of"Site" in the Agreement. 8. Artlice 3.1 of the Agreement is modified as follows: Article 3.1.1 is renumber as 3.1.1.1. The following provision is added: 3.1.1.2. Landfill Owner shall transfer ownership of JCE Landfill Gas free of any and all encumbrances, including all environmental attributes associated wit JCECC Landfill Gas, to CCR at the JCE Connection Point in exchange for a royalty per Article IV, "Price, Royalties, Billing and Payments" herein. 9. The first sentence of Article 3.4 of the Agreement is modified as follows: The Landfill Owner grants CCR the exclusive right to treat, process, and sell all Landfill Gas and all JCE Landfill Gas produced at the Landfill and at JCE, respectively. 10. Article 4 of the Agreement is modified, adding the following provisions: 4.2.1 Effective after the Commercial Operations Date, CCR shall pay the Landfill Owner a royalty,from Gross Revenue received by CCR from the sale of High-BTU Gas, Environmental Attributes, RINs and other credits. The royalty paid to the Landfill Owner from gas originating from Cefe Valenzuela shall be calculated according to the following equation: (Gross Revenue) * (Cefe Methane Percentage) * (Cefe Royalty Percentage) = Cefe Royalty payment. The Cefe Royalty Percentage will be based on the price at which CCR sells High-BTU Gas, as follows: (i) At a High-BTU Gas sales price below$10.00 per MMBTU, the royalty is 10%. (ii) At a High-BTU Gas sales price between $10.00 per MMBTU and $22.00 per MMBTU, the royalty is 10.00% at $10.00 per MMBTU, increasing 0.01% for each $0.01 per MMBTU increase in sale price, up to a maximum royalty of 22% at a High-BTU Gas sales price of$22.00 per MMBTU. At a High-BTU Gas sales price exceeding$22.00 per MMBTU, the royalty is 22%. 4.3.1. For JCE Landfill Gas routed to CCR's facility at Cefe Valenzuela("Cefe")for treatment and sale as High-BTU Gas,CCR will pay the Landfill Owner a royalty as follows: (i) For a period of twenty-four(24) months from the date CCR initiates the flow,treatment, and sale of Landfill Gas as High BTU Gas from JCE, the JCE royalty percentage is zero. (ii) Following the 24-month period, per 4.3.1.(i), the royalty paid to the Landfill Owner will be determined each month as follows: JCE Royalty Payment = (JCE Royalty Percentage) * (JCE Methane Percentage) * (Gross Revenue) JCE Royalty Percentage = average monthly flowrate (in SCFM) divided by 100 and rounded to the nearest 0.1%, where the flowrate is measured at the JCE flow meter downstream of the JCE landfill gas compressor JCE Methane Percentage= (JCE Methane Production)/ (JCE Methane Production + Cefe Valenzuela Methane Production) JCE Methane Production = (total JCE Landfill Gas flows (in SCF)) * (JCE Landfill Gas methane concentration) Cefe Methane Production = (total Cefe Valenzuela Landfill Gas flows (in SCF)) * (Cefe Valenzuela Landfill Gas methane concentration) Cefe Methane Percents e = 100% — JCE Methane Percentage OR (Cefe Valenzuela Methane Production)/ (JCE Methane Production + Cefe Valenzuela Methane Production). For example, in the 25th month of JCE Landfill Gas production, assuming JCE flows an average 1,000 SCFM at 55% methane, Cefe Valenzuela flows 2,000 SCFM at 56% methane, High-BTU sales total 70,679 MMBtu, and the average total High-BTU gas sales price is$25 per MMBtu,the following values are determined; JCE Royalty Payment = (Gross Revenues) * (JCE Methane Percentage) * (JCE Royalty Percentage) _($1,766,987) * (32.93%) * (10%)=$58,194 JCE Royalty Percentage = 1,000/ 100= 10.0% JCE Methane Production = (1,000 SCFM) * (60 Min/Hr) * (24 Hr/Day) * (30 Days) * 55% =23,760,000 SCF (This SCF value will be pulled directly from the flow meter each month) Cefe Methane Production= (2,000 SCFM) * (60 Min/Hr) * (24 Hr/Day) * (30 Days) * 56% =48,384,000 SCF (This SCF value will be pulled directly from the flow meter each month) JCE Methane Percentage= (23,760,000)/ (23,760,000+48,384,000) = 32.93% Cefe Methane Percentage = 100%—32.93%= 67.07% In this scenario Cefe Royalty payment would be: (Gross Revenues) * (Cefe Methane Percentage) * (Cefe Royalty Percentage) _ ($1,766,987) * (67.07%) * (22%) _$260,709 11. Article 7.3.3.2. of the Agreement is modified, adding the following language after the 15t paragraph: If CCR deems, in its sole and reasonable judgment, that it is not commercially feasible to continue to operate at ICE, CCR may discontinue operations at JCE by providing 90 days written notice to the Landfill Owner. All CCR responsibilities for the collection system maintenance and operation will end after this 90-day period. 12. Article 8.1.1 of the Agreement is modified and renumbered as 8.1.1.1. 13.The following Article 8.1.1.2. is added after 8.1.1.1. in the Agreement: Beginning at the JCE Effective Date and continuing until the end of the Term or earlier Termination of this Agreement, the City does hereby lease to CCR the JCE Site solely for the purposes of construction, installing, operating, and maintaining CCR's JCE Facility and connecting JCE's Facility to the GCCS. CCR shall have sole and exclusive access to the JCE Site except as otherwise provided in this Agreement. 14.The following Article 8.1.20. is added after 8.1.19 in the Agreement: CCR will pay the City$1,776,795.29 to install the pipeline between Cefe and JCE. This cost will cover the installation, all necessary right-of ways, and all other costs required to install the pipeline except for the material cost. CCR will provide the material required at CCR's cost. The City will own the pipeline and will charge CCR a fee of$0.20 per mcf for the operation of the pipeline. The operation of the line will include all required compliance, one- coils, and other tasks necessary to maintain compliance with all applicable regulations/regulatory agencies. The payment terms for the pipeline installation will be as follows: • 25% due upon mobilization of the installation crew. • 25%due upon 50%completion of the pipeline installation. • 50% due upon final completion of the pipeline. 15.The responsibility table in Exhibit 3 and Exhibit 3A will also apply to the JCE project. 16. Article 2.1.4.1 will be added after 2.1.4. Election to Utilize the City's Blower System(s). During the term of this contract CCR may elect to utilize the city's blower systems to pull field vacuum and boost the gas pressure to CCR's facility. If CCR makes this election CCR will give the city 5-day notice prior to utilizing the blowers. After the 5-day period CCR will pay for the city's electric bill for the blower station only, and the Exhibit 3 responsibility matrix will be replaced with Exhibit 3A. If, at a later date, CCR no longer wishes to utilize the City's blower system to pull field vacuum then CCR will notify the city. CCR will stop paying for the City's electric bill for the blower system at the end of the electrical billing period during which the blowers stopped being utilized by CCR and the responsibility matrix will default back to Exhibit 3. CCR can separately elect to utilize the blower systems at Cefe Valenzuela and JCE. Signatures on next page. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed in duplicate originals by their duly authorized, undersigned officers. Corpus Christi Renewables, LLC, a Texas limited liability company By: NaMe: Paul D. Morrow Title: President Date: + r' L City of Corpus Christi By: Name: Neiman Young Title:Assistant City Manager Date: Approved as to legal form: Assistant City Attorney for City Attorney Miles Risley "EXHIBIT A"TYPE IX LEASE TRACT 30,088 SQUARE FEET(0.6907 ACRES) OUT OF A CALLED 157.579 ACRE TRACT, LOT 6,SECTION 14,BOHEMIAN COLONY LANDS NUECES COUNTY,TEXAS Being a 30,088 square foot(0.6907 acre)tract of land situated in Nueces County,Texas and being a portion of Lot 6,Section 14 of Bohemian Colony Lands,a plat recorded in Volume A,Page 48,Map Records,Nueces County,Texas(M.R.N.C.T.)and being a portion of a called 157.579 acre tract of land described in a General Warranty Deed to City of Corpus Christi, recorded in Volume 1413, Page 840, Deed Records, Nueces County,Texas (D.R.N.C.T.)and being more particularly described as follows: COMMENCING at a point in the northwest right-of-way(R.O.W.)line of Greenwood Drive(variable width R.O.W.), in the southwest line of Lot 1, Section 15 of said Bohemian Colony Lands and a called 68 acre tract of land described in a deed to City of Corpus Christi, recorded in Volume 770, Page 325, D.R.N.C.T., and for the east corner of Lot 2A,Section 15 of Bohemian Colony Lands, a replat recorded in Volume 36, Page 23, M.R.N.C.T. and a called 14.273 acre tract of land described in a Special Warranty Deed to TM Corpus Christi Services, L.L.C., recorded in Instrument No. 2002036560, Official Public Records, Nueces County,Texas (0,P.R.N.C.T.),from which a concrete monument with brass disc found for reference bears North 66'07'43" East a distance of 0.36 feet; THENCE South 610 51'51"East(called South 611/2*East),along the common line of the northwest R.O.W. line of said Greenwood Drive,Lot 1 and Lot 2 of said Section 15,and said 68 acre tract,passing at a distance of 9.38 feet, a concrete monument found for reference, continuing along said common line and over and across said Greenwood Drive, passing at a distance of 40.00 feet, a point for the common corner of Lot 6 and Lot 7 of said Section 14 and Lot 1 and Lot 2 of said Section 15 and for the south corner of said 68 acre tract, continuing over and across said Greenwood Drive and along the common line of Lot 6 and Lot 7 of said Section 14, passing at a distance of 60.00 feet, a point in the southeast R.O.W. line of said Greenwood Drive and for the southwest corner of a called 29.902 acre tract of land described in a Warranty Deed to Ronald A. Voss, recorded in Instrument No. 2007063583, O.R.R.N.C.T, from which a 5/8"iron rod found for reference bears South 50'53'46" East a distance of 1.46 feet, continuing along the common line of the southeast R.O.W. line of said Greenwood Drive, Lot 6 and Lot 7 of said Section 14,and said 29.902 acre tract for a total distance of 70.00 feet to a point for the north corner of said 157.579 acre tract,from which a concrete monument found for reference bears North 86° 10'08"West a distance of 0.49 feet; THENCE South 28° 38' 09" West (called North 260 East), along the common line of the southeast R.O.W. line of said Greenwood Drive and said 157.579 acre tract,a distance of 9.08 feet to a point; THENCE over and across said 157.579 acre tract the following courses and distances: Sheet 1 of 3 South 61'31'06" East,a distance of 78.00 feet to a 1/2"iron rod with yellow cap stamped"WCG" set for the POINT OF BEGINNING,having surface coordinates of Northing: 17,156,586.70,Easting: 1,321,540.19,relative to the Texas Coordinate System of 1983,South Zone, NAD83(2011) EPOCH 2010.00; South 61°31'06"East,a distance of 175.00feet to a 1/2"iron rod with yellow cap stamped"WCG" set; South 28° 28' S4" West, a distance of 12S.00 feet to a 1/2" iron rod with yellow cap stamped "WCG"set for the beginning of a tangent curve to the right,having a radius of 50.00 feet,a chord bearing South 73'28' S4"West,and a chord distance of 70.71 feet; Westerly, along said tangent curve to the right, through a central angle of 90' 00' 00" an arc distance of 78.54 feet to a 1/2" iron rod with yellow cap stamped "WCG" set, having surface coordinates of Northing: 17,1S6,373.27, Easting: 1,321,566.61, relative to the Texas Coordinate System of 1983,South Zone, NAD83 (2011)EPOCH 2O10.00, and for a point of tangency; North 61° 31' 06" West, a distance of 125.00 feet to a 1/2" iron rod with yellow cap stamped "WCG"set; North 28° 28' 54" East, a distance of 175.00 feet to the POINT OF BEGINNING and containing 30,088 square feet(0.6907 acres), more or less. SURVEY NOTES: 1. A survey exhibit of even date accompanies this description,shown on sheet 3 of this document. 2. Basis of Bearings: Grid North, relative to the Texas Coordinate System Of 1983, South Zone, NAD83 (2011) EPOCH 2O10.00. Distances and coordinates shown hereon are surface in U.S. survey feet, to convert to grid, multiply by the combined project scale factor of 0.9996001599. 3. This survey has been prepared based upon field observations performed on July 28, 2023 and information provided by the client, if any, and was prepared without the benefit of a title commitment and is subject to any easements or encumbrances not visible on the ground which might be identified in a current title search. 4. Type IX Lease Tract corners described herein as "set" will be set by Weaver Consultants Group, LLC within 30 days of issuing the signed survey. O F: Weaver Consultants Group Cl) Q' a c4ti 6420 Southwest Blvd I Suite 206 A NDREW""" DREW J. 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X0VJ+E0 EY A CUVA lrr nnE SUACR US 4 VW CONIAOI.SWAN Ot AE CONDIDE NAP AAO p(rAALD W ME TAKE OELOR 8' WC,MAAEMW OLWX nc TEED-QXW'LW."Y pA 20J AAO R AELARW m cr yyA1A1�OOA 4y. PIE fixa Coafiamtr srsiEw Or Halt 30VIH ZGC MWW(2011)BMW 201ana •\ y SAln �, CAW"OVS SWAw rElf*V AtLADW 10 TK MCS AWND#Asf PC AOLTaa OCTAEED b MOW WA2M MWW SAW Kr A9?AC1NW AO ACWW AESOWf V AS A STAN= 5PEEL ROr W A"LOCAfEO/OEJ nZr M7IIKASr Or 1rr NO017WASr COMER Or ff1 Y \l p 4 RE WAOAdr Or MNSPOPMffiW YAWnWAWF Ma-AT IMI SIXIAA PAWW wK___ rRs. ' �• a9AE'Aso JaJ MP NOPMRESr ar A oOW-LM fE VM .Y'fT(j. P19Q°IRSfD TYPE ix L.f�l�TRACT f1A40 es LIEVAALIV-.un•fE]D AES SOrk7: J40M SpEMW FEET \ � RNam�Lor 11Ear amL10 r PO �=ww As W- +� rq (aQD07 AGSES) 1 R3LW Rf SOW SEW4Ey. o za 4D F. '• oARTr. +� 1 pry Or COVPUS CHOSR 'f (FEET) i 1 0 E 1i13s 6 wAgllw:L wpplF. t 'na ft. `C a 800FLOANN COLONY rLAWS N O CALLED s0 ACRES s O L AA01 `tr VOLR Pa N.LLT� SAY L ANORER d M tfF RM.S AIa it. J�, REA PER CW=rAAfrs MOW.TLC s ,M q r7 1 sf?O SWTHNESr&Wk 5C1'lr I016 fWf ROFfM IX)afar 817-7M-977V. 1 ff{ r free .. sArr onAr� P �„ ' ao InaurELn e�aAn .rAn �AAo wA�rar srAnm wx' f �/IOr� 1��0� �T( MOW 4 (. a msuraw Imra�r xn +n wm Ir*arr srArre xw 9 °: F \ M a+nr TAEE Aer Ir>KferJA emw.lr JMm 1/t'Am w�ev srAwn'w1r ?i ./lop #"+ A[rrAr 9a OI AiWA+M@Ir IQCM IXEIC OAfO /al rrrAYlAal rlfle[4tl AIM Ir1'Am SAA^-M di4AlEm'!cC' � _ Q /COON' 11Ar AOar 1E31' S)JfESA7 An' A0/ InlfIRW IYrrarp AW J!'r 11Ar AMI �� �' r�yiA'•T� SI7ff1 3 R A 410`�0 SERVICES Amendment to Landfill Gas and Lease Agreement Vs _ February 27, 2024 Current JC Elliott Landfill Flar 9 e _ SERVICES Landfills are some of the largest emitters of green house gases and are highly regulated by the EPA. To meet EPA and TCEQ rules and regulations the landfill gas is burned with a flare at J.C. Elliot. The ongoing maintenance costs for the landfill gas collection system are borne by the Solid Waste Disposal Budget. Landfill Gas to Energy SERVICES • Corpus Christi has a Gas and Lease Agreement with Corpus Christi Renewables (CCR) to process methane produced by the Cefe Valenzuela Landfill into pipeline quality gas. • Gas sales generate revenue for the City in the form of royalties. • The City realizes cost savings by foregoing future capital expenditures and ongoing maintenance costs, both assumed by CCR. Landfill Gas and Lease Amendment Proposal SERVICES • Amends original contract to include approximately .69 acres of JC Elliott property for the installation of a primary gas treatment and transportation unit. ti -�i�p,{sf4 • Proposed equipment will remove H2S and de- � water gas before transporting via pipeline to the ,,; existing plant at Cefe Valenzuela Landfill. � • JC Elliott gas will be metered into the Cefe RNG r. plant, treated to pipeline quality and sold into �` ' � ► existing system. • Royalties will be paid to the City as outlined in contract amendment. Gas Pipeline p -- SERVICES � � a CCR will pay the City's gas 8 department to install s pipeline from JC Elliott to o Cefe Valenzuela Landfill. rye The Gas Department will charge CCR an ongoing F fee for operation of the pipeline. is r � J y Facility Location issueSERVICES CCR will construct 26 • Pce.:eesPet� �� ` new facility at the same Adoption AS/rimall a` AgisSy�y location as `C�Bowlero Corpus ChrP compressor • • flare. tn� a * - Absolute Communicatio s �o® i �&!Network Solut ons Inr'. , w, iThe location north corner of the Elliot Landfill • • - � Field NO�F � �' .•�' � neighbors. l Staff Recommendations Staff recommends approving the motion amending the land lease and the contract with Corpus Christi Renewables to design, build and operate a landfill gas to energy facility located at the JC Elliott Landfill. se 0 0 PH P AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of March 19, 2024 ss52 Second Reading Ordinance for the City Council Meeting of March 26, 2024 DATE: March 19, 2024 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, P.E., Director of Public Works emestod2L&,,cctexas.com (361) 826-1677 ORDINANCE AMENDING CHAPTER 14, ARTICLE V OF THE CODE OF ORDINANCES CAPTION: Ordinance amending Section 14-544, 14-552 and 14-556 of the Corpus Christi Code to update certain provisions including Federal Emergency Management Agency (FEMA) compliance requirements and nonstructural fill on North Beach; providing for a penalty; and publication. SUMMARY: The purpose of this item is to revise the adopted Flood Hazard Prevention Code according to a recent Community Rating System (CRS) evaluation that was completed by FEMA. BACKGROUND AND FINDINGS: Under the Flood Disaster Protection Act of 1973, as amended, flood insurance must be purchased by property owners asking for 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. This ordinance update will keep the City in compliance with NFIP requirements and increase our CRS rating, which impacts all flood insurance policy holders. ALTERNATIVES: FEMA could keep our CRS rating the same if updates are not adopted. FISCAL IMPACT: N/A 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 14-544, 14-552 and 14-556 of the Corpus Christi Code to update certain provisions to comply with Federal Emergency Management Agency (FEMA) requirements; providing for a penalty; and publication. WHEREAS, by adopting the ISO/FEMA recommended changes to the City's Flood Hazard Prevention Code the City will minimize public and private losses due to changing flood conditions in areas of special flood hazard and improve the public health, safety and welfare of its citizens. WHEREAS, the City is a participant in a voluntary program of the National Flood Insurance Program called the Community Rating System. This program awards points for going above and beyond the minimum standards of a participating community. WHEREAS, adopting higher flood hazard prevention standards provides additional points to the City that can help reduce flood insurance premiums for flood insurance policies in Special Flood Hazard Areas in the City. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Corpus Christi Code, Section 14-544 is amended by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-544. - Variance procedures. (a) The construction trade advisory & appeals board hears and renders judgment on requests for variances from the requirements of this awe-code. (b) The construction trade advisory & appeals board hears and renders judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this agile-code. (c) Any person or persons aggrieved by the decision of the construction trade advisory & appeals board may appeal such decision to a court of competent jurisdiction. (d) The floodplain administrator maintains a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (e) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this (f) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection 14-541(1) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. i (g) Upon consideration of the factors noted above and the intent of this division, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter, section 14-502. (h) Variances may not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (i) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character of design of the structure. (j) Prerequisites for granting variances: (1) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (2) Variances may only be issued upon: a. Showing a good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Any applicant, to whom a variance is granted, may be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (k) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (1) The criteria outlined in subsections 14-: (a) through (i) are met; and (2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 2 Sec. 14-552. - Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in ?e^+�4-522, subser-- 4-55232{8; section 14-521, subsection 14- 542(8), or subsection 14-543(c), the following provisions are required: (1) Residential construction. New construction of any residential structure must have the lowest floor (including basement) and machinery or equipment, elevated to one (1) foot above the base flood elevation. Substantial damage and substantial improvement must have the lowest floor (including basement) and machinery or equipment, elevated to one (1) foot above the base flood elevation. Attached garages and enclosures below elevated buildings must meet the minimum NFIP requirements (elevated to the base flood elevation or have proper openings). A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in subsection 14-533(b)(1), is satisfied. (2) Nonresidential construction. New construction of any commercial, industrial, or other nonresidential structure must either have the lowest floor (including basement) elevated to one (1) foot above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Substantial damage and substantial improvement must have the lowest floor (including basement), elevated to at or above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level)to which such structures are floodproofed shall be maintained by the floodplain administrator. (3) Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding must be provided. b. The bottom of all openings must be no higher than one (1) foot above grade. 3 c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured homes. a. All manufactured homes to be placed within zone A on a city's FHBM or FIRM must be installed using methods and practices which minimize flood damage. 1. For the purposes of this requirement, a manufactured home must be elevated and anchored to resist flotation, collapse or lateral movement. 2. Methods of anchoring may include, but are not limited to, use of over- the-top or frame ties to ground anchors. 3. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. b. Manufactured homes that are placed or substantially improved within zones Al-30, AH, and AE on the city's FIRM must be on sites: 1. Outside of a manufactured home park or subdivision. 2. In a new manufactured home park or subdivision. 3. In an expansion to an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1)foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. c. Manufactured homes must be placed on substantially improved on sites in an existing manufactured home park or subdivision with zones Al-30, AH, and AE on the city's FIRM that are not subject to the provisions of subsection (4) of this section must be elevated se +ham+ o,+hor ang the more stringent of the two is required. 1. The lowest floor of the manufactured home is one (1) foot above the base flood elevation, e 2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (5) Recreational vehicles. Recreational vehicles placed on sites within zones Al-30, AH, and AE on the city's FIRM either: a. Must be on the site for fewer than one hundred eighty (180) consecutive days, b. Must be fully licensed and ready for highway use, or c. Must meet the permit requirements of subsection 14-545(a), and the elevation and anchoring requirements for manufactured homes in subsection (4) of this section. 4 (6) 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. 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 agile-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. (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. 5 (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 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 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 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 6 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 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 layer 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). d. Papks, 4Lunes, and dune vegetation will be conserved and remain in their natural state and not elevated. Placement of nonstructural fill in 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 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 8 0 Public Works Department Flood Hazard Prevention Code Updates Public Works - Storm Water City Council Presentation March 19, 2024 What is NFIP OL�A • To meet the need for this vital flood coverage, UVWSthe Federal Emer enc Mana ementA enc FEMA 9 Y 9 9 Y(FEMA) administers the National Flood 'VD SF- Insurance Program (NFIP) • The NFIP offers reasonably priced flood insurance to all properties in communities that comply with minimum standards for floodplain management • The NFIP's Community Rating System (CRS) credits community efforts beyond those minimum standards by reducing -� flood insurance premiums for property owners NATIONAL FLOOD INSURANCE PROGRAM Code Updates 1. Section 14-552.d.3 Manufactured Homes • Replaced with more stringent 2. Minor Changes to the Non-Structural Fill Section • Replaced shall with should • Removed Parks from Policy Recommendation Staff recommends approval of these updates as presented. se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of March 19, 2024 ss52 Second Reading for the City Council Meeting of March 26, 2024 DATE: March 19, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health Fauziaka-cctexas.com 361-826-7202 Acceptance of the third amendment to the Air Quality Monitoring (Rider 7) Grant and renewing a partnership with the Department of Physical and Environmental Sciences at Texas A&M University - Corpus Christi CAPTION: Ordinance accepting $424,212.00 for an increase in the Air Quality Planning Grant from the Texas Commission on Environmental Quality to provide air quality planning activities for fiscal year 24/25; appropriating $424,212.00 in the Health Grant Fund; and authorizing an amendment to an interlocal cooperation agreement with Texas A & M University-Corpus Christi to add $381,791.00 for air quality monitoring services through December 31, 2025. SUMMARY: The Texas Commission on Environmental Quality (TCEQ) provides funding to monitor Air Quality in Texas through the Rider 7 State and Local Air Quality Planning Program. TCEQ extended the existing Rider 7 grant for two additional years through FY24/25. TCEQ allocated $424,212 for FY2024/2025 to conduct air quality monitoring of the local airshed. Acceptance of the Air Quality Monitoring Grant amendment extends the contract starting January 1st, 2024 through December 31, 2025. The Air Quality grant was first accepted by the City in FY21 with an initial allocation of$281,250. Amendment 1 for FY22/23 allocated $417,658. Amendment 2 was a 90-day extension to allow the contracts to be finalized by TCEQ. Amendment 3 is the current amendment for $424,212 for FY24/25. In total grant funding allocated to Corpus Christi since the grant acceptance in is $1,123,120 in total funds provided for the monitoring of Air Quality through TCEQ. The City of Corpus Christi subcontracts with the Department of Physical and Environmental Sciences at the Texas A&M University - Corpus Christi (TAMU-CC) for the completion of the grant. Air quality data is gathered, reviewed, analyzed, and reported to the Public Health District by TAMU-CC monthly. BACKGROUND AND FINDINGS: The Rider 7 program began in 1995 to support local efforts to improve air quality and attaining Federal Ozone National Ambient Air Quality Standards. The goal of the Rider 7 program is to ensure airsheds in Texas do not enter "nonattainment" status. Nonattainment occurs when an airshed does not meet the national primary or secondary ambient air quality standards as established by the National Ambient Air Quality Standards. Entering nonattainment can have significant regulatory and fiscal consequences for businesses within the airshed. Corpus Christi has maintained attainment status since 2004. The current National Ambient Air Quality Standard (NAAQS) is set by the EPA at 70 parts per billion (ppb) averaged over 3 years. The current 3 year, rolling average is 64ppb. The City of Corpus Christi has contracted with TAMU-CC since 2021 to proactively monitor the local air shed for the Rider 7 program. The contract ensures that the following tasks for the Air Quality Monitoring (Rider 7) Program are achieved: 1. Create a Quality Assurance Project Plan for the monitoring of air quality 2. Operating 6 air monitoring sub-stations throughout the local airshed a. Holly Road, Aransas Pass, Odem, Annaville, TAMU-CC Campus, Health District 3. Creation of a new air monitoring station within zip code 78416 in a central location at the Public Health District 4. Implement a mobile air monitoring campaign in Corpus Christi 5. Conduct a detailed analysis of ambient air quality monitoring including: a. Evaluation of wind speeds, wind directions, relative humidity and temperature associated with background and high ozone events to determine the local conditions and sources associated with high/low ozone levels b. Determine trends associated with background and high ozone levels c. Determine 24-hour air mass back trajectories using NOAA HYSPLIT software to determine source regions likely to affect local area ozone. d. Perform weekday vs. weekend analysis to evaluate the potential effectiveness of reduced levels of local industrial and mobile source activity e. Address questions listed in Section 11.1.1 of EPA's ozone modeling guidance document, Guidance on the Use of Models and Other Analyses to Demonstrating Attainment of Air Quality goals for Ozone, PM2.5, and Regional Haze. f. Investigate ozone trends and determine the annual frequency of high ozone days g. Create ozone isopleth (Figure 3) by plotting ozone concentrations vs. NOx at all five sites and VOC (CAMS1024) concentration data to determine NOx vs. VOC limited scenarios in the Corpus Christi airshed. 6. Conduct a detailed analysis of soil biogenic NOX flux characterization a. A study that determines the gas exchange in living organisms (plants) 7. Complete and deliver quarterly progress reports and financial status reports to TCEQ 8. All other contractual obligations as described by TCEQ statement of work Continued participation in the Air Quality Monitoring (Rider 7) program and the TAMU-CC partnership is in accordance with historical and best practices for air quality monitoring. ALTERNATIVES: The City declines to participate in the Rider 7 program. Thereby losing funding associated with air quality monitoring and ceases the Air Quality Monitoring partnership with the TAMU-CC. FISCAL IMPACT: TCEQ Contract No. 582-20-11981 has a total value for FY24/25 of$424,212. No match is required for this contract. FUNDING DETAIL: Fund: 1066 Health Grants Organization/Activity: 832001 S Department#: 15 Project # (CIP Only): N/A Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. TCEQ 582-20-11981 Amendment 3 COF Ordinance Statement of Work Presentation AMENDMENT NO.2 TOTHE TEXASA&M UNIVERSITY- CORPUSCHRISTI AND THE CITY OF CORPUS CHRISTI This amends the Interlocal Cooperation Agreement between the CITY OF CORPUS CHRISTI (City) and the TEXAS A&M UNIVERSITY - CORPUS CHRISTI (TAMU-CC), authorized by the Corpus Christi City Council by Resolution No.032230 on September 29, 2020 ("the Agreement"), incorporated by reference and attached. WHEREAS, the parties desire to amend the Agreement under authority of Section 15, which provides that the representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in budget and scope of work; NOW,THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. AMENDMENT TO SECTION 2. Section 2 of the Agreement is amended as follows: 2. STATEMENT OF WORK. The Work Plan is amended to incorporate additional Tasks to the Statement if Work as outlined in Exhibit A. 2. AMENDMENT TO SECTION 4. Section 4 of the Agreement is amended as follows: 4. PERIOD OF PERFORMANCE. The program shall be conducted from the execution date of the contract through December 31, 2025. 3. AMENDMENT TO SECTION 5. Section 5 of the Agreement is amended as follows: 5. PRICE AND PAYMENT. As compensation for the performance of the agreement, the City agrees to reimburse TAMU-CC up to $953,01830 for expenses authorized under the Grant. a. This agreement is funded exclusively from funds made available to the City by the Grant. The City's obligation is limited by the provisions of the Grant. The City is not liable to make payment to TAMU-CC, if funding is not available from TCEQ through the Grant. Payments may not exceed $953,018.30 for expenses authorized under the Grant. 4. MAXIMUM AUTHORIZED REIMBURSEMENT.The City agrees to increase the Maximum Authorized Reimbursement shown on the Contract Signature Page by an additional $387,791.00 The original Maximum Authorized Reimbursement, the Page 1 of 10 amount of the increase, and the amended Maximum Authorized Reimbursement are as follows: Original Maximum Authorized Reimbursement $150,499.58 Amendment #1 $420,727.72 Amendment #2 $381,791.00 Revised Maximum Authorized Reimbursement $953,018.30 All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their authorized representative. TEXAS A&M UNIVERSITY- CORPUS CHRISTI BY: Kimberly Hawkenson, CRA, Director Office of Sponsored Research Administration CITY OF CORPUS CHRISTI BY: Steve Viera Assistant City Manager ATTEST BY: Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Buck Brice Deputy City Attorney Page 2 of 10 EXHIBIT A ADDITIONAL STATEMENT OF WORK GRANT ACTIVITIES The Performing Party will implement all grant activities in order to monitor ozone and inventorying emissions, as required in Rider 7, Texas Commission on Environmental Quality, Article VI of the General Appropriations Act of the 861h Legislature. Task 1 (Monitoring of Pollution Levels) 1.1: A Category III QAPP for the Ambient Air Quality Monitoring Activities Deliverable 1.1:A Category III QAPP for the Ambient Air Quality Monitoring Activities delivered to the TCEQ in Microsoft Office Word Deliverable Date 1.1: Draft QAPP within 30 calendar days after Task 1.2 is approved. The QAPP must be accepted by the TCEQ prior to the start of technical activities. Deliverable Cost 1.1: Included in personnel costs. Task 1.2: Ambient Air Monitoring Network Project Task 1.2 will be to continue to monitor ambient ozone concentrations at the five city air monitoring sites. Relative humidity, temperature, and wind speed/direction will also be measured at each site and NO. concentrations will be measured at all three current sites. This includes increasing the spatial resolution of NO. measurements with the purchase and deployment of (2) additional NO. analyzers. The monthly data will be available to the public by hosting summary data figures on the Coastal Bend Air Quality Partnership's website (cbairquality.org). This task will directly support air monitoring requirements outlined in the State Implementation Plan (SIP) and demonstrate NAAQS compliance. For instance, CAIR SIP consists of reducing NO.emissions and the reduction evaluation depends on NO,, monitoring. Up until our recent monitoring efforts, NO. monitors were not present in the region. NO.and VOCs are primary ozone precursors but the relationship between these precursors and ozone formation is not linear. Despite these direct impacts on ozone formation, the Corpus Christi airshed did not have a NOX monitoring station until we developed one this year. It does however have five centrally located VOC monitoring stations(1 AutoGC, 1 TNMOC,4 canister).Depending on atmospheric conditions,ozone formation can be almost exclusively controlled by NO.and mostly independent of VOCs. However,there are also conditions where ozone formation can increase with VOC concentrations while not increasing or even decreasing with increasing NO.. Due to this nonlinear chemistry between precursors and product, determining whether ozone formation in an air shed is "NOX or VOC limited" (i.e., sensitive to increases in NOX or VOC levels) has proven difficult. NOX data from this year's monitoring campaign, suggest the Corpus Christi airshed is NOX limited but continuous NOX monitoring is necessary to determine if the airshed is in a "NOX or VOC limited" regime. The NOX data provided by this task along with currently available VOC data will help determine if stakeholders should focus resources on future NOX or VOC controls to mitigate ozone increases. Deliverables and Dates 1.2 Deliverables 1.2 Date Ambient monitoring data collected at monitoring sites delivered to TCEQ's LEADS Continuous April 2024—Nov 2025 Re orts to the City and Data to TCEQ Monthly Apr 2024—Dec 2025 Page 3 of 10 EXHIBIT A ADDITIONAL STATEMENT OF WORK Salary and Fringe (Total $104,668, $55,750 year 1, 48,918 year 2): (PI 1 months year 1 and 1 months year 2, 1 PhD student 12 months year 1 and 9 months year 2, Undergraduate student 560 hours both years). Tuition (Total $18,190,$10,176 year 1, $8,014 year 2): Tuition for one graduate student over the 2-year period. Travel (Total $12,583): PI and student travel to sites for calibration, maintenance, data recover, passive sampler deployment and collection. Vehicle/truck rental for instrument maintenance and flux measurements. Travel to conference/meetings to disseminate Corpus air quality data/issues and be exposed to new air pollution technologies. Includes $1000 in conference fees. Maintenance Costs (Total$21,000): Replacement parts,wireless subscriptions, calibration gases, flow calibrator, shipping to manufacturer if needed. Laptop and rugged laptop ($5,500): Regular laptop for instrument calibration and reporting in lab. Rugged field laptop for field instrumentation maintenance, calibration and data collection. Outside Calibration and Audits (Total $25,000): An outside company (AECOM) will provide calibration and audit services as an additional quality control and assurance check of the monitoring equipment. This will occur quarterly. Total Direct Deliverable Costs for Task 1.2: $185,941 (Includes Salary, Fringe and Tuition Costs for personnel that also cover personnel for Tasks 1 through 4) Table 1: Ambient Air Monitoring Sites to be Operated by the Performing Party Location Instrumentation Instrumentation status Holly Road site Teledyne API T400 ozone analyzer,Teledyne API N500 NOX analyzer, Working (CAMS 660) RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs,SOLAR-5W- 5W Solar Panel,S-THB-M002-Temperature/RH Smart Sensor, S-WSB-M003-Wind Speed Smart Sensor,S-WDA-M003-Wind Direction Smart Sensor Aransas Pass Teledyne API T400 ozone analyzer, Teledyne API N500 NOX analyzer, Working site RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs,SOLAR-5W- #Teledyne N500 (CAMS 659) 5W Solar Panel,S-THB-M002-Temperature/RH Smart Sensor, at company for fix S-WSB-M003-Wind Speed Smart Sensor,S-WDA-M003-Wind Direction under warranty Smart Sensor Odem site Teledyne API T400 ozone analyzer, Teledyne API N500 NOX analyzer, Working (CAMS 686) RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs,SOLAR-5W- #Teledyne N500 5W Solar Panel,S-THB-M002-Temperature/RH Smart Sensor, at company for fix S-WSB-M003-Wind Speed Smart Sensor,S-WDA-M003-Wind Direction under warranty Smart Sensor Page 4 of 10 EXHIBIT A ADDITIONAL STATEMENT OF WORK Annaville site Teledyne API T400 ozone analyzer,Ecotech NO,Sirinus analyzer,RX3004- Working 00-01 RX3000 Cellular Data Logger with 10 Inputs,SOLAR-5 W-5 W Solar Panel,S-THB-M002-Temperature/RH Smart Sensor,S-WSB-M003-Wind Speed Smart Sensor,S-WDA-M003 -Wind Direction Smart Sensor TAMUCC *Teledyne API T400 ozone analyzer,Ecotech NO,Sirinus analyzer, *Currently being campus site *RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, *SOLAR-5W developed -5W Solar Panel, *S-THB-M002-Temperature/RH Smart Sensor,S-WSB- M003-Wind Speed Smart Sensor, *S-WDA-M003 -Wind Direction Smart Sensor Health Will be developed in task 1.3 Will be Department site developed in task 1.3 97040'0"W 97"30'0"W 97"20'0"W 97010'0"W �. l� 4 1 2g,0'0"N CAMS .. . NO nnaville it k Health TAMUCC Dept 2T40'0"N 660 1 3 6 Kilometers 97-46'0"W 97-30'0"W 97°20'0"W 97-1O'O"W Figure 1. Green circles are current sites and the green cirle with red dot is proposed Health Department site. For reference to other air quality sites, yellow crosses are TCEQ sites and blue triangles are low-cost citizen science sites operated by IOBCWA and CAPE. Page 5 of 10 EXHIBIT A ADDITIONAL STATEMENT OF WORK Task 1.3: Create New Air Monitoring Site at City Health Department The goal of task 1.3 will be to establish an air quality site on the grounds of the City of Corpus Christi Health Department. This will include the installation of an aluminum plate shelter and deployment of meteorological instrumentation, an ozone analyzer and a NOx analyzer. This additional monitoring site will directly support air monitoring requirements outlined in the State Implementation Plan (SIP) and demonstrate NAAQS compliance. Deliverables and Dates 1.3 Deliverables 1.3 Date Ordering of air monitoring site shelter and instrumentation March 2023 Lab quality check of instrumentation and field deployment June 2023 Aluminum plate shelter($19,900): The same Ambilab air conditioned aluminum plate enclosure installed at the other air monitoring sites. NOx analyzers (Total $20,000): Ecotech Sirinus NO,,analyzer to be deployed at new site Ozone analyzer($15,000): Teledyne API T400 Ozone analyzer to be deployed at new site. Meteorological Instrumentation ($2,500): RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, SOLAR-5W- 5W Solar Panel, S-THB-M002-Temperature/RH Smart Sensor, S-WSB- M003 -Wind Speed Smart Sensor, S-WDA-M003 -Wind Direction Smart Sensor Total Direct Deliverable Costs for Task 1.3 ($57,400) Task 1.4. University of Houston Mobile Air Monitoring Campaign Corpus Christi Airshed A University of Houston team lead by Dr. Jimmy Flynn will perform mobile air monitoring in the Corpus Christi airshed over a four-day period in early November. The campaign will be focused on determining ozone and ozone precursor levels in areas of the airshed not currently covered by stationary monitoring with specific attention to the growing industrial footprint and shipping lanes. The mobile monitoring will tentatively cover urban areas along the full perimeter of Corpus Christi Bay (i.e. from Port Aransas moving south and looping around the bay to Aransas Pass). Specific measurements will include 03,NO,NOx,NOy, CO, SO2,HCHO, CH4,unspeciated sum of reactive alkenes, bulk and specific VOCs via AROMA-VOC, 3-wavelength PM2.5 scattering and absorption, PM2.5 size distribution (0.13-2.5 µm), ceilometer,jNO2, T/P/RH/WS/WD, GPS, total sky camera. In addition, while not performing mobile measurements, stationary measurements directly adjacent to the Gulf of Mexico will allow characterization of the chemical composition of air being transported into Corpus Christi from the Gulf. The campaign will also allow for comparison to similar data provided by a previous similar air monitoring project, AQRP 20-003: Characterization of Corpus Christi and San Antonio Air Quality During the 2020 Ozone Season and the mobile monitoring done as part of 2022-2023 Rider 7 funding. The primary deliverable Page 6 of 10 EXHIBIT A ADDITIONAL STATEMENT OF WORK will be the data measured during the stationary and mobile campaigns. This additional monitoring will directly support air monitoring requirements outlined in the State Implementation Plan (SIP) and demonstrate NAAQS compliance. Deliverables and Dates 1.4 Deliverables 14 Date QAPP/Mobile campaign annin Summer 2025 Mobile/Stationary measurements Faff 2025 Data report November/December 2025 Direct Deliverable Cost 1.4 (This amended task cost will be encumbered by task 1.2 funds) The University of Houston provides mobile and stationary monitoring at —$9,000 per day or $36,000 for the full four-day campaign. Scheduled payment breakdown will be as follows: QAPP/Planning 60% Monitoring 20% Data 20% Total Direct Deliverable Costs for Task 1.4: $36,000 Deliverable Summary Task 1 Deliverables and Dates: • QAPP for Stationary Monitoring Network: April 2024 • Air Monitoring and data delivered to TCEQ: Continuous May 2024 to Nov 2025 • Develop Health Department Air Monitoring Site: June 2023 • Monthly/Final Report: First week of each month and December 2025 • QAPP for Mobile Air Monitoring Campaign: Summer 2025 • Mobile Air Monitoring Campaign: Fall 2025 • Mobile Air Monitoring Data Delivery: December 2025 Task 1 Total Direct Deliverable Cost $280,341.00 Task 2: Detailed Analysis of Ambient Monitoring Task 2 will report atmospheric conditions and chemical precursor concentrations associated with high or standard exceeding ozone measurements in the Corpus Christi airshed. Atmospheric conditions (i.e., wind direction,wind speed, relative humidity,temperature)will be obtained directly at each site while precursor data (i.e., NO. and VOC) will be obtained from the nearest monitoring site. The report will be developed through the below investigations and analyses:task will support the State Implementation Plan by demonstrating NAAQS compliance and reporting conditions that may lead to nonattainment. • Evaluate wind speeds, wind directions, relative humidity and temperature associated with background and high ozone events to determine the local conditions and sources associated with high/low ozone levels • Determine diurnal and seasonal trends associated with background and high ozone levels • Determine 24-hour air mass back trajectories using NOAA HYSPLIT software to determine source Page 7 of 10 EXHIBIT A ADDITIONAL STATEMENT OF WORK regions likely to affect local area ozone. • Perform weekday vs.weekend analysis to evaluate the potential effectiveness of reduced levels of local industrial and mobile source activity • Address additional relevant questions listed in Section 11.1.1 of EPA's ozone modeling guidance document, Guidance on the Use of Models and Other Analyses to Demonstrating Attainment ofAir Quality goals for Ozone, PM2.5, and Regional Haze. • Investigate ozone and precursor trends and determine the annual frequency of high ozone days • Create ozone isopleth (Figure 3) by plotting ozone concentrations vs. NO,,at all five sites and VOC (CAMS 1024) concentration data in order to determine NOX vs. VOC limited scenarios in the Corpus Christi airshed. 4.28 (),(ppm)=0.08 0.16 0.24 0.34 0.40 vac 8 0.24 NO ` 0.20 0.30 .1 0.20 0.28 0.32 0.36 a 0.16 Voc C- LIMITED 75 Oy 0.12 ' Z D.08 NOx 0.04 LIMITED- 0 0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 VOC (pprnC) Figure 2. General isopleth depicting the relationship between ozone concentrations and its precursors, VOC, and NOX. Isopleths can be used to determine if an airshed is VOC or NOX limited in relation to potential for increased ozone levels (NRC 1991). Deliverables and Dates 2. Deliverables Task 2 Date Quarterly by the 30th of Preliminary analysis and updates with quarterly reports December, March, June, & September Final analysis report December 2025 Task 2 costs are included under Task 1. Page 8 of 10 EXHIBIT A ADDITIONAL STATEMENT OF WORK Task 3: Soil biogenic NOx flux characterization A primary purpose of Rider 7 funds is to enhance ozone precursor emission inventory accuracy. While stationary NOx sources and vehicle emissions are relatively straightforward to measure, complexity arises with sources such as biogenic emissions. SNOx, a byproduct of denitrification and nitrification in soils,is influenced by various factors such as soil moisture, soil/air temperature, soil type, and available nitrogen. This emission can spike significantly following fertilization and rain events,leading to ozone formation and exacerbating air quality challenges(Romer et al., 2018; Tong et al., 2021). Current numerical models, particularly the widely used Model of Emissions of Gases and Aerosols from Nature (MEGAN), tend to underestimate soil biogenic NOx (SNOX) emissions. For instance, Oikawa et al., 2015 found that the numerical models when compared to direct chamber flux studies can underestimate SNOX by a factor of ten. The limitations of these models underscore the need for direct flux measurements from diverse land types under varying soil temperature and moisture conditions. To address this gap in understanding, we propose a comprehensive approach in South Texas. Over the course of one year, we will conduct monthly SNO,, soil chamber flux measurements across different land use types, including crops, forested areas, flooded vegetation, urban grasses, and bare soil ground. These direct flux measurements will be accompanied by soil temperature, air temperature and soil moisture measurements to serve as valuable inputs to improve the accuracy of numerical models. Furthermore, we will leverage the National Land Cover Database to model SNOX emissions in Nueces and San Patricio Counties according to land cover type. This integrated approach aims to provide a more robust foundation for emission inventories and, consequently, enhance our ability to develop effective NOx mitigation strategies. The SIP requires areas of nonattainment to provide emission inventories, and while the region is currently in attainment,this task falls in line with these SIP requirements as a means of understanding where NOx emissions can be reduced to stay in attainment. Deliverables and Dates Task 3 Deliverables Task 3 Date Monthly.for duration Monthly soil NOx measurements one continuous year of the project Model NOx flux in airshed according to land use type In final report 12/2025 Soil moisture and temperature probes ($2000): Soil moisture and temperature are directly related to soil NOx production and must be monitored for future modeling. Chamber($10,000): Automated dynamic soil flux chamber is needed to mimic natural conditions in the field and measure soil NO,,flux Small trailer(Total $10,000): A small portable air-conditioned trailer is need to run the real-time NOx analyzers in the field to make the flux measurements. Truck rental covered in Task 1 travel. Page 9 of 10 EXHIBIT A ADDITIONAL STATEMENT OF WORK Task 3 Total Direct Deliverable Cost: $22,000 Task 4: Dissemination of air quality introduction material and status to city employees and community Dr. Felix and/or technicians will be available to disseminate air quality introduction material and city air quality status to city employees and community. Deliverables and Dates Task 4 Task 4 Deliverables Date Air quality presentations TBD Task 4 costs are included under personnel costs in task 1. Total Cost Breakdown TASK 1 to 4 Budget Breakdown Task 1 Budget 280,341 Task 2 Budget 0 Task 3 Budget 22,000 Task 4 Budget 0 TAMUCC Indirect Cost 79,450 TAMUCC Total Budget 381,791 Page 10 of 10 Ordinance accepting $424,212.00 for an increase in the Air Quality Planning Grant from the Texas Commission on Environmental Quality to provide air quality planning activities for fiscal year 24/25; appropriating $424,212.00 in the Health Grant Fund; and authorizing an amendment to an interlocal cooperation agreement with Texas A & M University-Corpus Christi to add $381,791.00 for air quality monitoring service through December 31, 2025. WHEREAS, the Texas Commission on Environmental Quality has awarded an additional $424,212.00 for Contract No. 582-20-11981 to provide air quality planning activities for fiscal year 24/25. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept the Air Quality Planning Grant Contract Number 582-20-11981 , Amendment Number 3, in the amount of $424,212.00 from the Texas Commission on Environmental Quality for air quality planning activities. SECTION 2. The City Manager or designee is authorized to execute any future amendments to the Contract that extend the contract period or increase or decrease the amount of the grant. SECTION 3. Funds in the amount of$424,212.00 are appropriated in the No. 1066 Health Grant Fund to provide air quality planning activities for fiscal year 24/25. SECTION 4. The City Manager or designee is authorized to execute all documents necessary to amend an Interlocal Cooperation Agreement Texas A& M University— Corpus Christi to increase the reimbursement by $381,791 .00 for air quality monitoring service and extend the period of performance to December 31, 2025, with funding available in the No. 1066 Health Grant Fund. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of 12024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant STATEMENT OF WORK CITY OF CORPUS CHRISTI (Performing Party/Grantee) CONTRACT (GRANT)NUMBER: 582-20-11981 STATEMENT OF WORK ACTIVITIES NO: 832001S SUBGRANTEES TO BE USED UNDER THIS CONTRACT: TEXAS A&M UNIVERSITY- CORPUS CHRISTI Rider 7— Statement of Work TIME LINE The activities shall begin upon issuance of this executed Statement of Work and must be completed no later than December 31, 2025. TOTAL AMOUNT OF THIS STATEMENT OF WORK ACTIVITIES: $424,212 The total amount to be reimbursed by TCEQ for activities performed under this Statement of Work shall not exceed the amount shown above unless the amount is changed by an amendment. GRANT ACTIVITIES The Performing Party will implement all grant activities in order to monitor ozone and inventorying emissions, as required in Rider 7, Texas Commission on Environmental Quality, Article VI of the General Appropriations Act of the 86th Legislature. Task 1 (Monitoring of Pollution Levels) 1.1: A Category III QAPP for the Ambient Air Quality Monitoring Activities Deliverable LI: A Category III QAPP for the Ambient Air Quality Monitoring Activities delivered to the TCEQ in Microsoft Office Word Deliverable Date 1.1: Draft QAPP within 30 calendar days after Task 1.2 is approved. The QAPP must be accepted by the TCEQ prior to the start of technical activities. Deliverable Cost 1.1: Included in personnel costs. Task 1.2: Ambient Air Monitoring Network Project Task 1.2 will be to continue to monitor ambient ozone concentrations at the five city air monitoring sites. Relative humidity, temperature, and wind speed/direction will also be measured at each site and NOX concentrations will be measured at all three current sites. This includes increasing the spatial resolution of NOX measurements with the purchase and deployment of(2) 1 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant additional NO,, analyzers. The monthly data will be available to the public by hosting summary data figures on the Coastal Bend Air Quality Partnership's website (cbairquality.org). This task will directly support air monitoring requirements outlined in the State Implementation Plan (SIP) and demonstrate NAAQS compliance. For instance, CAIR SIP consists of reducing NO,,emissions and the reduction evaluation depends on NO,, monitoring. Up until our recent monitoring efforts, NO,,monitors were not present in the region. NO,, and VOCs are primary ozone precursors but the relationship between these precursors and ozone formation is not linear. Despite these direct impacts on ozone formation,the Corpus Christi airshed did not have a NO,, monitoring station until we developed one this year. It does however have five centrally located VOC monitoring stations (1 AutoGC, 1 TNMOC, 4 canister). Depending on atmospheric conditions, ozone formation can be almost exclusively controlled by NOX and mostly independent of VOCs. However,there are also conditions where ozone formation can increase with VOC concentrations while not increasing or even decreasing with increasing NO, Due to this nonlinear chemistry between precursors and product, determining whether ozone formation in an air shed is "NOX or VOC limited" (i.e., sensitive to increases in NOX or VOC levels) has proven difficult. NOX data from this year's monitoring campaign, suggest the Corpus Christi airshed is NOX limited but continuous NOX monitoring is necessary to determine if the airshed is in a "NOX or VOC limited" regime. The NOX data provided by this task along with currently available VOC data will help determine if stakeholders should focus resources on future NOX or VOC controls to mitigate ozone increases. Deliverables and Dates 1.2 Deliverables 1.2 Date Ambient monitoring data collected at monitoring sites delivered to TCEQ's LEADS Continuous April —Nov 2025 Re orts to the City and Data to TCEQ MontTly Apr 2024—Dec 2025 Salary and Fringe (Total $104,668, $55,750 year 1, 48,918 year 2): (PI 1 months year 1 and 1 months year 2, 1 PhD student 12 months year 1 and 9 months year 2, Undergraduate student 560 hours both years). Tuition (Total $18,190, $10,176 year 1, $8,014 year 2): Tuition for one graduate student over the 2-year period. Travel (Total $11,583): PI and student travel to sites for calibration, maintenance, data recover, passive sampler deployment and collection. Vehicle/truck rental for instrument maintenance and flux measurements. Travel to conference/meetings to disseminate Corpus air quality data/issues and be exposed to new air pollution technologies. Includes $1000 in conference fees. Maintenance Costs (Total $21,000, $12,000 per year): Replacement parts, wireless subscriptions, calibration gases, flow calibrator, shipping to manufacturer if needed. 2 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant Laptop and rugged laptop ($5,500): Regular laptop for instrument calibration and reporting in lab. Rugged field laptop for field instrumentation maintenance, calibration and data collection. Outside Calibration and Audits (Total $25,000): An outside company (AECOM) will provide calibration and audit services as an additional quality control and assurance check of the monitoring equipment. This will occur quarterly. Total Deliverable Costs for Task 1.2: $185,941 (Includes Salary, Fringe and Tuition Costs for personnel that also cover personnel for Tasks 1 through 4) Table 1: Ambient Air Monitoring Sites to be Operated by the Performing Party Location Instrumentation Instrumentation status Holly Road site Teledyne API T400 ozone analyzer,Teledyne API N500 NO,analyzer, Working (CAMS 660) RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs,SOLAR-5W- 5W Solar Panel,S-THB-M002-Temperature/RH Smart Sensor, S-WSB-M003-Wind Speed Smart Sensor,S-WDA-M003-Wind Direction Smart Sensor Aransas Pass Teledyne API T400 ozone analyzer, Teledyne API N500 NO,analyzer, Working site RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs,SOLAR-5W- #Teledyne N500 (CAMS 659) 5W Solar Panel,S-THB-M002-Temperature/RH Smart Sensor, at company for fix S-WSB-M003-Wind Speed Smart Sensor,S-WDA-M003-Wind Direction under warranty Smart Sensor Odem site Teledyne API T400 ozone analyzer, Teledyne API N500 NOX analyzer, Working (CAMS 686) RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs,SOLAR-5W- #Teledyne N500 5W Solar Panel,S-THB-M002-Temperature/RH Smart Sensor, at company for fix S-WSB-M003-Wind Speed Smart Sensor,S-WDA-M003-Wind Direction under warranty Smart Sensor Annaville site Teledyne API T400 ozone analyzer,Ecotech NO,Sirinus analyzer,RX3004- Working 00-01 RX3000 Cellular Data Logger with 10 Inputs,SOLAR-5W-5W Solar Panel,S-TUB-M002-Temperature/RH Smart Sensor,S-WSB-M003-Wind Speed Smart Sensor,S-WDA-M003 -Wind Direction Smart Sensor TAMUCC *Teledyne API T400 ozone analyzer,Ecotech NO,Sirinus analyzer, *Currently being campus site *RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, *SOLAR- developed 5W-5W Solar Panel, *S-THB-M002-Temperature/RH Smart Sensor,S- WSB-M003 -Wind Speed Smart Sensor,*S-WDA-M003 -Wind Direction Smart Sensor Health Will be developed in task 1.3 Will be Department site developed in task 1.3 3 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant 97040'0"W 97030,0"W 97°20'0"W 97` 10'0"W AN 4W , 28:'0'0"N ■ r= • • 27050'0"N ; Annaville TAMUCC Dept 27040'0"N CAMS 660, 1 • a Kilometers 97°40'0"W 97®30"0"W 97-20'01PW 97010'0"W Figure 1. Green circles are current sites and the green cirle with red dot is proposed Health Department site. For reference to other air quality sites,yellow crosses are TCEQ sites and blue triangles are low-cost citizen science sites operated by IOBCWA and CAPE. Task 1.3: Create New Air Monitoring Site at City Health Department The goal of task 1.3 will be to establish an air quality site on the grounds of the City of Corpus Christi Health Department. This will include the installation of an aluminum plate shelter and deployment of meteorological instrumentation, an ozone analyzer and a NO,, analyzer. This additional monitoring site will directly support air monitoring requirements outlined in the State Implementation Plan (SIP) and demonstrate NAAQS compliance. Deliverables and Dates 1.3 Deliverables 1.3 Date Ordering of air monitoring site shelter and instrumentation March 2023 4 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant Lab quality check of instrumentation and field deployment June 2023 Aluminum plate shelter($19,900): The same Ambilab air conditioned aluminum plate enclosure installed at the other air monitoring sites. NOx analyzers (Total $20,000): Ecotech Sirinus NOX analyzer to be deployed at new site Ozone analyzer ($15,000): Teledyne API T400 Ozone analyzer to be deployed at new site. Meteorological Instrumentation ($2,500): RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, SOLAR-5W-5W Solar Panel,S-THB-M002-Temperature/RH Smart Sensor,S-WSB- M003 - Wind Speed Smart Sensor, S-WDA-M003 - Wind Direction Smart Sensor Total Deliverable Costs for Task 1.3 ($57,400) Task 1.4. University of Houston Mobile Air Monitoring Campaign Corpus Christi Airshed A University of Houston team lead by Dr. Jimmy Flynn will perform mobile air monitoring in the Corpus Christi airshed over a four-day period in early November. The campaign will be focused on determining ozone and ozone precursor levels in areas of the airshed not currently covered by stationary monitoring with specific attention to the growing industrial footprint and shipping lanes. The mobile monitoring will tentatively cover urban areas along the full perimeter of Corpus Christi Bay (i.e. from Port Aransas moving south and looping around the bay to Aransas Pass). Specific measurements will include 03,NO,NOX,NOy,CO, S02,HCHO,CH4,unspeciated sum of reactive alkenes, bulk and specific VOCs via AROMA-VOC, 3-wavelength PM2.5 scattering and absorption, PM2.5 size distribution (0.13-2.5 µm), ceilometer,jNO2, T/P/RH/WS/WD, GPS, total sky camera. In addition, while not performing mobile measurements, stationary measurements directly adjacent to the Gulf of Mexico will allow characterization of the chemical composition of air being transported into Corpus Christi from the Gulf. The campaign will also allow for comparison to similar data provided by a previous similar air monitoring project, AQRP 20-003: Characterization of Corpus Christi and San Antonio Air Quality During the 2020 Ozone Season and the mobile monitoring done as part of 2022-2023 Rider 7 funding. The primary deliverable will be the data measured during the stationary and mobile campaigns. This additional monitoring will directly support air monitoring requirements outlined in the State Implementation Plan (SIP) and demonstrate NAAQS compliance. Deliverables and Dates 1.4 Deliverables 14 Date APP o i e campaign planning Summer 2025 Mobile/Mationary measurements Fa 2025 Data report November/December 2025 Deliverable Cost 1.4 (This amended task cost will be encumbered by task 1.2 funds) The University of Houston provides mobile and stationary monitoring at —$9,000 per day or $36,000 for the full four-day campaign. Scheduled payment breakdown will be as follows: 5 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant QAPP/Planning 60% Monitoring 20% Data 20% Total Deliverable Costs for Task IA: $36,000 Deliverable Summary Task 1 Deliverables and Dates: • QAPP for Stationary Monitoring Network: April 2024 • Air Monitoring and data delivered to TCEQ: Continuous May 2024 to Nov 2025 • Develop Health Department Air Monitoring Site: June 2023 • Monthly/Final Report: First week of each month and December 2025 • QAPP for Mobile Air Monitoring Campaign: Summer 2025 • Mobile Air Monitoring Campaign: Fall 2025 • Mobile Air Monitoring Data Delivery: December 2025 Task 1 Total Deliverable Cost$280,341.00 Task 2: Detailed Analysis of Ambient Monitoring Task 2 will report atmospheric conditions and chemical precursor concentrations associated with high or standard exceeding ozone measurements in the Corpus Christi airshed. Atmospheric conditions (i.e., wind direction, wind speed, relative humidity, temperature) will be obtained directly at each site while precursor data (i.e.,NOX and VOC)will be obtained from the nearest monitoring site. The report will be developed through the below investigations and analyses:task will support the State Implementation Plan by demonstrating NAAQS compliance and reporting conditions that may lead to nonattainment. • Evaluate wind speeds, wind directions, relative humidity and temperature associated with background and high ozone events to determine the local conditions and sources associated with high/low ozone levels • Determine diurnal and seasonal trends associated with background and high ozone levels • Determine 24-hour air mass back trajectories using NOAA HYSPLIT software to determine source regions likely to affect local area ozone. • Perform weekday vs. weekend analysis to evaluate the potential effectiveness of reduced levels of local industrial and mobile source activity • Address additional relevant questions listed in Section 11.1.1 of EPA's ozone modeling guidance document, Guidance on the Use of Models and Other Analyses to Demonstrating Attainment ofAir Quality goals for Ozone,PM2.S, and Regional Haze. 6 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant • Investigate ozone and precursor trends and determine the annual frequency of high ozone days • Create ozone isopleth (Figure 3) by plotting ozone concentrations vs. NO,,at all five sites and VOC (CAMS1024) concentration data in order to determine NO,, vs. VOC limited scenarios in the Corpus Christi airshed. o.28 (),(pprn)=0.08 0.16 0.24 0.34 4.40 Voc 8 0.24 No `i 0.20 0.30 .1 0.20 D,28j 0.32 0.36 E v r> voc a LIMITED 15 Y _ aw 0.12 1 0.08 NOx 0.04 LIMITED- 0 0 02 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 voc(PAITIc) Figure 2.General isopleth depicting the relationship between ozone concentrations and its precursors,VOC,and NO.. Isopleths can be used to determine if an airshed is VOC or NO,limited in relation to potential for increased ozone levels(NRC 1991). Deliverables and Dates 2. Deliverables Task 2 Date Quarterly by the 30th of Preliminary analysis and updates with quarterly reports December, March, June, & September Final analysis report December 2025 Task 2 costs are included under Task 1. Task 3: Soil biogenic NOx flux characterization A primary purpose of Rider 7 funds is to enhance ozone precursor emission inventory accuracy. While stationary NO,, sources and vehicle emissions are relatively straightforward to measure, complexity arises with sources such as biogenic emissions. SNOx, a byproduct of denitrification and nitrification in soils,is influenced by various factors such as soil moisture,soil/air temperature, soil type, and available nitrogen. This emission can spike significantly following fertilization and rain events,leading to ozone formation and exacerbating air quality challenges(Romer et al.,2018; 7 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant Tong et al., 2021). Current numerical models, particularly the widely used Model of Emissions of Gases and Aerosols from Nature (MEGAN), tend to underestimate soil biogenic NO,, (SNOX) emissions. For instance, Oikawa et al., 2015 found that the numerical models when compared to direct chamber flux studies can underestimate SNOX by a factor of ten. The limitations of these models underscore the need for direct flux measurements from diverse land types under varying soil temperature and moisture conditions. To address this gap in understanding,we propose a comprehensive approach in South Texas. Over the course of one year, we will conduct monthly SNOX soil chamber flux measurements across different land use types, including crops, forested areas, flooded vegetation, urban grasses, and bare soil ground. These direct flux measurements will be accompanied by soil temperature, air temperature and soil moisture measurements to serve as valuable inputs to improve the accuracy of numerical models. Furthermore, we will leverage the National Land Cover Database to model SNOX emissions in Nueces and San Patricio Counties according to land cover type. This integrated approach aims to provide a more robust foundation for emission inventories and, consequently, enhance our ability to develop effective NOX mitigation strategies. The SIP requires areas of nonattainment to provide emission inventories, and while the region is currently in attainment,this task falls in line with these SIP requirements as a means of understanding where NOX emissions can be reduced to stay in attainment. Deliverables and Dates Task 3 Deliverables Task 3 Date Monthly.for duration Monthly soil NOX measurements one continuous year of the project Model NOX flux in airshed according to land use type In final report 12/2025 Soil moisture and temperature probes ($2000): Soil moisture and temperature are directly related to soil NOX production and must be monitored for future modeling. Chamber($10,000):Automated dynamic soil flux chamber is needed to mimic natural conditions in the field and measure soil NOX flux Small trailer (Total $10,000): A small portable air-conditioned trailer is need to run the real-time NOX analyzers in the field to make the flux measurements. Truck rental covered in Task 1 travel. Task 3 Total Deliverable Cost: $22,000 Task 4: Dissemination of air quality introduction material and status to city employees and community Dr. Felix and/or technicians will be available to disseminate air quality introduction material and city air quality status to city employees and community. 8 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant Deliverables and Dates Task 4 Task 4 Deliverables Date Air quality presentations TBD Task 4 costs are included under personnel costs in task 1. TASK 1 to 4 COVERED UNDER CONTRACTUAL COSTS Task 5 -Project Management Activities (Program Administration) The Performing Party shall perform all support necessary to ensure all grant requirements are met and the activities are completed in a timely manner. This may include, but is not limited to, providing general and fiscal supervision for grant activities, administering sub-contracts, submitting reports and invoices. The Performing Party shall summarize its activities in quarterly progress reports and quarterly financial status reports described below. City of Corpus Christi staff monitoring activities will charge no more than 10%salary and fringe benefits under this Task. The progress report and quarterly invoices shall document, the accomplishments, expenditures, and milestones achieved during the prior ninety (90) days. Specifically, the quarterly progress report shall: L Summarize all activities performed with respect to each task and subtask of this statement of work for the previous quarter; 2. Establish performance goals for each task and subtask for the quarter in which the report is delivered; 3. Compare accomplishments on every task and subtask to performance goals established the previous quarter; 4. Summarize any reasons why performance goals were not met, when applicable; and 5. Provide a preliminary estimate of costs by task and subtask for the reporting period. "The grant recipients shall channel the funds to those projects most useful for the State Implementation Plan (SIP)." Deliverables and Dates Task 5: Quarterly progress reports (QPR) and Financial Status Reports (FSR) will be emailed to TCEQ summarizing project active and status of each relevant deliverable including cost incurred during the quarter. Deliverable Task 5 Deliverable Date 9 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant Task 5: Project Management Activities Deliverable 5.1: Quarterly progress and Reports and Financial Status reports Quarterly Financial Status Reports Progress Reports indicated in the Grant; 30th of December,March,June and September All reasonable times during communication will Deliverable 52: Contract Communications will be available the performance of work and at be available between both parties between both parties least one month after the contract is completed.A minimum of 30 days before public meetings/events,or major task activities or development. Task 5 Total Costs ($42,421) TASK 1 to 5 Budget Breakdown Task 1 Budget 280,341 Task 2 Budget 0 Task 3 Budget 22,000 Task 4 Budget 0 TAMUCC Indirect Cost 79,450 TAMUCC Total Budget 381,791 City Total 10% Task 5 Budget) 42,421 Total Budget 424,212 10 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant Budget. Authorized budgeted expenditures for work performed are as follows: Portion that is Budget Category Total Cost for Work Administrative Costs to be Performed (must be 10%or less of Total) Salary/Wages $42,421 $42,421 Fringe Benefits Travel Supplies Equipment Contractual $381,791 $0 Construction Other Indirect Costs Total $424,212 $42,421 11 TCEQ Contract Name: City of Corpus TCEQ Contract#582-20-11981 Rider 7 Local Air Quality Planning Grant Performing Party/Grantee: City of Corpus Christi By (Authorized Signature) Dr. Fauzia Khan Date References Oikawa, P.Y., Ge, C., Wang, J., Eberwein, J.R., Liang, L.L., Allsman, L.A., Grantz, D.A. and Jenerette, G.D.,2015. Unusually high soil nitrogen oxide emissions influence air quality in a high- temperature agricultural region. Nature communications, 6(1), p.8753. Romer, P.S., Duffey, K.C., Wooldridge, P.J., Edgerton, E., Baumann, K., Feiner, P.A., Miller, D.O., Brune, W.H., Koss, A.R., De Gouw, J.A. and Misztal, P.K., 2018. Effects of temperature- dependent NO x emissions on continental ozone production.Atmospheric Chemistry and Physics, 18(4), pp.2601-2614. Sha, T., Ma, X., Zhang, H., Janechek, N., Wang, Y., Wang, Y., Castro Garcia, L., Jenerette, G.D. and Wang, J., 2021. Impacts of Soil NO x Emission on 03 Air Quality in Rural California. Environmental science &technology, 55(10),pp.7113-7122. 12 Contract Number: 582-20-11981 Contract Amendment No. 3 CONTRACT AMENDMENT BETWEEN TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND CITY OF CORPUS CHRISTI Amendment No. 3 Pursuant to Article 1 Section 1.2, Amendments and Minor Changes, of the Special Terms and Conditions, the Texas Commission on Environmental Quality (TCEQ) and City of Corpus Christi agree to amend Contract No. 582-20-11981 as follows: 1. In accordance with Article 2.2, Maximum Authorized Reimbursement, of the General Terms and Conditions, the Maximum Authorized Reimbursement Amount is increased by $424,212.00. The Maximum Authorized Reimbursement Amount on the Contract Signature Page now reads $1,123,120.38. Original Amount of Grant Obligation $ 281,250.00 Amendment No. 1 (FY22/23) $ 417,658.38 Amendment No. 2 (90 Day Extension) $ 0.00 Amendment No. 3 (FY24/25) $ 424,212.00 Revised Maximum Total TCEQ Obligation $1,123,120.38 2. In accordance with Article 1.3, Extensions, of the General Terms and Conditions, the Expiration Period of Contract Number 582-20-11981 is extended to December 31, 2025. 3. Special Terms and Conditions now reads: These conditions add to, or in the case of conflicts, supersede and take precedence over the general conditions set forth in this agreement. 1. Article 1, Section 1.2, Amendments, in the General Terms and Conditions is replaced with the following: 1.2. Amendments and Minor Changes 1.2.1. A formal Amendment to the contract signed by authorized officials of both Parties is required for changes to the substantive obligations of the Performing Party and/or TCEQ, including the following: 1.2.1.1. Changes in the total amount of funds in the Cost Budget or the Contract 1.2.1.2. Changes to the Contract's Expiration Date 1.2.1.3. Changes to the Scope of Work that affect TCEQ obligations to the Texas Legislature, and 1.2.1.4. Changes that affect the material obligations of the Performing Party in this Contract. Page 1 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 1.2.2. The TCEQ Contract Manager and/or the TCEQ Project Manager has the authority, without a formal amendment, to make written Contract interpretations and agree in writing to minor, non-material changes to requirements in the Scope of Work or Performing Party's Statement of Work including: 1.2.2.1. Changes to the schedule in the Contract including an extension of a deliverable due date, not to exceed the expiration date of the Contract; 1.2.2.2. Changes to the individual tasks in the Scope of Work or Performing Party's Statement of Work that do not substantially change the obligations of the parties relative to those tasks, and 1.2.2.3. Transfers between the authorized amounts of expenditures in the Cost Budget, not to exceed 10% of the total amount. 1.2.3. To be effective, the contract changes agreed to by TCEQ must be in writing and must also be agreed to by an authorized Representative of the Performing Party. An email containing the change and an approving response from the other Party is sufficient. A copy of the agreed change must be retained in the appropriate file of both the Performing Party and TCEQ. 1.2.4. It is the responsibility of the Performing Party to request extensions to the deliverable schedule and the other changes that are within the authority of 2. The following is added to Article 4, REIMBURSEMENT, in the General Terms and Conditions: 4.9 Advance Requests. The TCEQ will advance payments to the Performing Party up to 50% of the amount the Maximum Authorized Reimbursement on the Contract Signature Page is increased by this Amendment. This advance payment is for work to be performed in accordance with the Scope of Work and Rider 7 in the TCEQ FY24-25 appropriation (HB 1, 88th Legislature). This advance must be requested in writing by the Performing Party after this Amendment is fully executed and once funds are available. 4.9.1 Conditional Advance. Funds are advanced on the condition of the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either funds unspent or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. Any money that has not been spent in accordance with this Contract by December 31, 2025 must be immediately refunded to TCEQ in accordance with TXGMS Closeout procedures. Performing Party agrees to return unspent or unauthorized funds within 90 days of the Contract Expiration Date. 4.10 Financial Status Report. The Performing Party will submit a quarterly report on the Financial Status Report (FSR, Attachment D to original contract), documenting the allowable expenditures, and administrative costs incurred in the previous quarter for performing the Scope of Work and the remaining balance of funds. The Performing Party's FSRs shall be complete and conform to all reimbursement or invoice requirements specified by TCEQ. The Performing Party must include documentation with the FSR demonstrating expenses incurred. All Page 2 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 administrative costs are capped by Rider 7 in the TCEQ FY24-25 appropriation(HB 1, 88th Legislature) at 10%, and this limit must be demonstrated on each FSR. 4.11 Reporting by Subcontractors. Performing Party shall require,by contract, its subcontractors to invoice it monthly. Costs relating to subcontractors shall be invoiced to TCEQ quarterly. 3. ADMINISTRATIVE COSTS 3.1. In accordance with Rider 7 in the TCEQ FY24-25 appropriation(HB 1, 88th Legislature), no more than 10 percent of the allocation can be used for administrative purposes. 3.2. Administrative Costs are costs incurred by the Performing Party that can be identified separately and assigned to a specific project, used in order to properly administer and manage the contract funds. Administrative costs may include, but are not limited to, providing general supervision for grant activities, administering sub-contracts, and submitting reports and invoices. 4. SPECIFIC INFORMATION REQUIREMENTS FOR INVOICES. 4.1 Invoices must include the following, as applicable, on the face of the invoice: Invoice date Service dates TCEQ Contract No. Performing Party Vendor Identification No. Performing Party mailing address, Fax No. and Telephone No. Name(s) of Performing Party Project Representative Item/service description Amount invoiced Name and telephone number of individuals designated by Performing Party to answer questions regarding the invoice (if other than Performing Party's Project Representative for Contractual Matters) Invoice total Backup documentation for Performing Party and subcontractor costs. A Financial Status Report (may also be referred to as FSR, Form 269a, or TCEQ Form 20248) 4.2 Whenever a cost is to be determined under a Cost Budget, Performing Party will establish and maintain records of costs in accordance with TXGMS and generally accepted accounting principles and practices and submit, in a format acceptable to TCEQ, an itemized price breakdown together with supporting documentation. All service dates on invoices must match supporting documentation dates. 5. RELATIONSHIP OF CERTAIN PROVISIONS 5.1. Unless there is a clear conflict between the requirements in the General Terms and Conditions and the Scope of Work (SOW), the requirements should be read in harmony. The SOW may waive or modify General Terms and Conditions regarding: intellectual property, lab accreditation, technical data, and Quality Assurance Page 3 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 Project Plans. The waiver or modification in the SOW must explicitly refer to the provision in the General Terms and Conditions that it waives or modifies. 6. GRANTEE PERFORMANCE EVALUATION 6.1. Performance evaluations are a part of the TCEQ review of the Performing Party and may be a factor in the selection of future grants. The TCEQ may provide this information to state agencies and others. The Performing Party consents to the disclosure of any information or opinion in the evaluations. 7. PERSONNEL ELIGIBILITY UST (PEL) 7.1. All individuals charged as direct costs under the contract must be included on the PEL (Attachment B to the original Contract). To make substitutions to individuals listed on the PEL or to add individuals to the PEL, the Performing Party must submit an updated PEL to the TCEQ Contract Manager. The Performing Party shall not use the individuals substituted or added to the PEL prior to receiving an electronic mail from the TCEQ Contract Manager stating that TCEQ has no objection to the updated PEL, unless failure to immediately proceed with the substitution or addition will jeopardize the successful performance of the grant activities. If prior notification of the substitution or addition will jeopardize the successful performance of the Grant Activities, the Performing Party must immediately notify TCEQ by providing the updated PEL. 8. AUTHORIZATION 8.1. A Notice to Proceed document will not be required for this Contract. The last date of signature by the parties shown on the Contract Signature Page shall make the agreement effective and allow the Performing Party to proceed with the Contract Activities. 9. LIMITATION ON GRANTS TO UNITS OF LOCAL GOVERNMENT 9.1. The Performing Party will ensure that any expenditure of funds received under this grant complies with the Limitation on Grants to Units of Local Government under Article IX, Part 4, Section 4.04 of the General Appropriations Act (HB 1, 88th Legislature). 4. General Terms and Conditions now reads as follows. These terms are modified by the above Special Terms and Conditions. The Special Terms and Conditions take precedence over the General Terms and Conditions as here amended. 1. CONTRACT PERIOD I.l. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page. If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2. Amendments. This Contract is not subject to competitive selection requirements and may be amended by mutual agreement. Except as specifically allowed by the Contract, all changes to the Contract require a Page 4 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 written amendment that is signed by both parties. 1.2.1. Material Changes. Material changes to the Contract require a written amendment signed by both parties. These amendments take effect when signed by the Performing Party and TCEQ, unless otherwise designated in the amendment. Material changes include the following: 1.2.1.1. Changes in the total amount of funds in the Budget or the Contract; 1.2.1.2. Changes to the Contract's Expiration Date; 1.2.1.3. Changes to the Scope of Work that affect TCEQ's obligations to the entity providing funding, such as the United States Environmental Protection Agency (EPA), another state or federal agency, or the Texas Legislature; and 1.2.1.4. Changes that affect the material obligations of the Performing Party in this Contract. 1.2.2. Unilateral Amendments. As specifically allowed by the Contract, TCEQ may issue unilateral amendments. Unilateral amendments take effect when issued by TCEQ. 1.2.3. Minor Changes. The TCEQ Contract Manager and/or the TCEQ Project Manager has the authority, without a written amendment, to correct typographical errors; make written Contract interpretations; and make minor, non-material changes to the requirements in the Scope of Work, the Procedures for Work Orders, or the Work Orders (including Proposals for Grant Activities); or as agreed to elsewhere in the Contract. Performing Party must provide TCEQ with a written objection to any Minor Change no later than five (5) business days from the effective date of the Minor Change. A copy of the agreed change shall be retained in the appropriate file by both the Performing Party and TCEQ. 1.2.3.1. Minor, non-material changes include: 1.2.3.1.1. Changes to the schedule in the Scope of Work including an extension of a deliverable due date, not to exceed the expiration date of the Contract; 1.2.3.1.2. Changes to the schedule in the Work Order including an extension of a deliverable due date, not to exceed the expiration date of the Work Order; 1.2.3.1.3. Changes to the individual tasks/activities in the Scope of Work or Work Order, if applicable, that do not substantially change the obligations of the Parties relative to those tasks/activities; 1.2.4. It is the Performing Party's responsibility to request extensions to the deliverable schedule and other changes that are within the authority of TCEQ. Page 5 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. Performing Party will ensure that this article is included in any subcontract it awards. 2.2 Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement, as amended. 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is not obligated to extend deadlines to match the maximum period of the funding. 2.4 Grants. If this Contract was entered under the TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5 No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Contract shall not be construed to create debt against the State of Texas. 2.6 Abortion Funding Limitation. Performing Party represents and warrants that payments made by TCEQ to Performing Party and Performing Party's receipt of appropriated funds under the Contract are not prohibited by Article IX, Section 6 of the General Appropriations Act, nor by Texas Government Code Chapter 2273 Prohibited Transactions. 2.7 Excluded Parties. Performing Party represents and warrants that it is not listed in the prohibited vendors lists authorized by Executive Order No. 13224, `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism," published by the United States Department of the Treasury, Office of Foreign Assets Control. Performing Party will notify TCEQ if it can no longer make this representation. 2.8 COVID-19 Vaccine Passport Prohibition. Under § 161.0085 of the Texas Health and Safety Code, Performing Party certifies that it is not ineligible to receive the Contract and will maintain this certification throughout the term of the Contract. 3. ALLOWABLE COSTS 3.1 Conforming Activities. TCEQ will reimburse the Performing Party for Page 6 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts. 3.2 TxGMS. Allowable Costs are restricted to costs that comply with the Texas Grant Management Standards (TxGMS) and applicable state and federal rules and law. The parties agree that all the requirements of TxGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 4. REIMBURSEMENT 4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for its Allowable Costs incurred in performing the Scope of Work. Performing Party's invoice shall conform to all reimbursement requirements specified by TCEQ. 4.2. Personnel Eligibility List (PEL). If TCEQ will be reimbursing salary or wages, Performing Party must submit a completed Personnel Eligibility List (PEL) prior to starting activities under this Contract and an updated PEL with any invoice following changes to the information provided in the most recent PEL. If a Contract amendment is necessary due to changes reflected on the PEL, Performing Party must immediately submit an updated PEL with a request to amend the Contract. 4.3. Level-of-Effort Reporting. Performing Party must submit records to support reimbursement requests for exempt employee salaries, where costs are determined based on percentage of the employee's time performing activities. These records must meet the Standards for Documentation of Personnel Expenses in TxGMS or 2 CFR§ 200.430, as applicable based on whether state or federal money is used by TCEQ to fund the grant activities. If TCEQ determines that the records do not comply with the requirements of TxGMS or 2 CFR § 200.430, the Performing Party will work with TCEQ to bring the level of certification into compliance. TCEQ may require the Performing Party to complete the attached Level-of Effort Certification form The LEC form must be completed and submitted with each invoice, unless otherwise approved by TCEQ in writing. 4.4. Timesheets. The performing Party must retain records of timesheets supporting reimbursement requests for nonexempt employees, which are maintained as part of Performing Party's timekeeping system. Timesheets are not required to be submitted with each request for reimbursement; however, the Performing Party must make timesheets available upon request by TCEQ, as necessary for TCEQ to perform its monitoring requirements and audit purposes. Page 7 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 4.5. Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.6. No Interest for Delayed Payment. Since the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable for any late payments. 4.7. Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 4.8. State Agencies/Institutions of Higher Education. If the Performing Party is a state agency or institution of higher education, payments must be made via interagency transaction voucher (ITV); please provide a Recurring Transaction Index (RTI) number on the face of the invoice. For payments that are to be deposited into a local bank account, the following statement must be placed on the face of the invoice: "Funds to be deposited into local bank account." For additional information, please refer to the Texas Comptroller's Accounting Policy Statement (APS) 014. 5. FINANCIAL RECORDS,ACCESS,AND AUDITS 5.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor during any audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2 Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this contract shall be retained for a period of three (3) years after date of submission of the final reimbursement request. 6. PERFORMING PARTY'S RESPONSIBILITIES 6.1 Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work is performed at Performing Party's sole risk as to the means, methods, design, processes, procedures, and performance. 6.2 Identification and Flow Down Requirements. Any subaward from this Contract by the Performing Party to a subgrantee must be clearly Page 8 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 identified as a subaward. The Performing Party must flow down applicable Contract requirements to subgrantees and subcontractors. 6.3 Independent Contractor. The parties agree that the Performing Party is an independent contractor. Nothing in this Contract shall create an employee- employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party. 6.4 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors, suppliers, and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 6.5 No Third Party Beneficiary. TCEQ does not exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of the Performing Party's subcontractors, suppliers, or other persons or organizations with a contractual relationship with the Performing Party. 6.6 Security Requirements. If Performing Party accesses, transmits,uses, or stores TCEQ data: 1) Performing Party shall meet the security controls specified by TCEQ; and 2) Performing Party must annually provide TCEQ documentation demonstrating that it meets the specified TCEQ security requirements. 6.7 Cybersecurity Training. Performing Party shall ensure that any Performing Party representative (employee, officer, or subcontractor personnel) who has Access to a TCEQ Computer System or Database completes a cybersecurity training program certified by the Texas Department of Information Resources (DIR) under § 2054.519 of the Texas Government Code, when the Contract is executed and annually as applicable. 6.7.1 "Access to TCEQ Computer System or Database" means having a TCEQ network user account or the authorization to maintain, modify, or allow access control to any TCEQ web page, TCEQ computer system, or TCEQ database. 6.7.2 Within seven(7) days after the execution of the Contract, the Performing shall provide a list of persons requiring training to the TCEQ Contract Manager, and thereafter provide an updated list by the first workday of any additional person who becomes subject to the cybersecurity training requirements. For applicable umbrella contracts, Performing Party shall provide a list of any persons requiring training within seven (7) days of issuance of Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ Computer System or Database. 6.7.3 If a Performing Party representative has previously completed a DIR- certified cybersecurity training during a State of Texas fiscal year in which the Contract is effective, Performing Party shall provide evidence Page 9 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 that the Performing Party representative completed the required training to the TCEQ Contract Manager within seven (7) days after the execution of the Contract or as applicable, the issuance of a Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ Computer System or Database. 6.7.4 For Contracts that have contract periods that exceed a year (extend beyond August 31 of the year in which they are entered), all persons performing Work under the Contract shall take cybersecurity training renewal each fiscal year after the year in which the contract becomes effective. By Augustl st each year, the Performing Party must provide to the TCEQ Contract Manager either: (1) a list of persons that must complete cybersecurity training during the upcoming State of Texas Fiscal Year; or (2) provide evidence that the Performing Party representative completed the required training. Performing Party shall retain in their records, and upon request, provide the TCEQ Contract Manager evidence that the training was successfully completed. 6.7.5 TCEQ will provide access to the cybersecurity training program. Performing Party is responsible for all other costs associated with their representatives completing the training, including time spent completing the training. 6.7.6 Performing Party shall notify the TCEQ Contract Manager within two (2) business days when a person with Access to a TCEQ Computer System or Database no longer needs Access to such Computer System or Database. 6.7.7 TCEQ may terminate the Contract for Cause if Performing Party fails to adhere to any of the above terms, including completing the required certified cybersecurity training or notifying the TCEQ Contract Manager when access is no longer needed. 6.7.8 TCEQ may terminate the Contract for Cause if a Performing Party representative misuses a TCEQ Computer System or Database, including allowing multiple individuals to utilize a single individual's TCEQ network user account. 6.8 Prohibited Technologies. Performing Party certifies that Prohibited Technologies will not be used on any of Performing Party's or its employees', contractors', and subcontractors' devices including personally-owned devices, if those devices are used to access state- owned data or information systems. These devices include cell phones, tablets, desktop and laptop computers, and other internet-c ap able devices. "Prohibited Technologies" refers to software, applications, technologies, hardware, and equipment, and any of the aforementioned items made by the developers or manufacturers on the Prohibited Technologies list located on the Texas Department of Information Resources' website at: https://dir.texas.gov/information- securi prohibited-technologies. In addition to the DIR list, TCEQ in its sole discretion may designate additional prohibited technologies. 7. TIME AND FORCE MAJEURE Page 10 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 7.1 Time is of the Essence. Performing Party's timely performance is a material term of this Contract. 7.2 Delays. Where Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ, TCEQ may withhold or suspend reimbursement, terminate the Contract for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of TCEQ). 7.3 Force Majeure. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, or other causes that are beyond the reasonable control of either party, could not reasonably be foreseen, and by the exercise of all reasonable due diligence, is unable to be overcome by either party. Neither party shall be liable to the other for any failure or delay of performance of any requirement included in the contract caused by force majeure. Upon timely notice by the non-performing party, the time for performance shall be extended for a reasonable period after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. The non-performing party must provide evidence of any failure resulting in impossibility to perform. 8. CONFLICT OF INTEREST 8.1 Performing Party shall have a policy governing disclosure of actual and potential conflicts of interests. Specifically, for work performed under this Contract by Performing Party or any related entity or individual, Performing Party shall promptly disclose in writing to TCEQ any actual, apparent, or potential conflicts of interest, including but not limited to disclosure of: a. Any consulting fees or other compensation paid to employees, officers, agents of Performing Party, or members of their immediate families, or paid by subcontractor or subrecipients; or b. Any organizational conflicts of interest between Performing Party and its subcontractors or subrecipients under a subaward. 8.2 No entity or individual with any actual, apparent, or potential conflict of interest will take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work, without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination of this Contract. 9. DATA AND QUALITY 9.1 Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 9.2 Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ approved Quality Assurance Project Plan(QAPP) Page 11 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes, location, or conditions, and ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non-reimbursement of expenses related to the associated activities. 9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code § 25.6. 10.INTELLECTUAL PROPERTY 10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise-wide license to reproduce, publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such intellectual property for TCEQ non-commercial purposes, and other purposes of the State of Texas. 10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, modify, or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Contract, and associated user documentation. 11.INSURANCE AND INDEMNIFICATION 11.1 Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. Before any Page 12 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 Performing Party contractor performs any work at a TCEQ facility, Performing Party shall provide TCEQ a Certificate of Insurance for the Contractor's Workers Compensation and Employer's Liability Insurance. 11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS, OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 12.TERMINATION 12.1 Termination for Cause. TCEQ may, upon providing 10 days' written notice and the opportunity to cure to the Performing Party, terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 12.2 Termination for Convenience. TCEQ may, upon providing 10 days' written notice to the Performing Party, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages, or other economic loss arising out of or resulting from the termination. 12.3 If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of TCEQ. 13.DISPUTES, CLAIMS AND REMEDIES 13.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of Performing Party from liability under this Contract. Page 13 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 13.2 Schedule of Remedies available to the TCEQ In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of Performing Party's nonconformance, TCEQ may do one or more of the following: 13.2.1. Issue notice of nonconforming performance; 13.2.2. Reject nonconforming performance and request corrections without charge to the TCEQ; 13.2.3. Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 13.2.4. Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconformity; 13.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 14. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. 15. SURVIVAL OF OBLIGATIONS Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four (4) years beyond the termination or completion of the Contract, or until four (4) years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 16.UNIFORM ASSURANCES 16.1 Uniform Assurances. Performing Party assures compliance with the following uniform assurances from TxGMS, as applicable to this Contract. Other assurances from TxGMS may be included elsewhere in this Contract. 16.1.1 Performing Party represents and warrants its compliance with Texas Government Code Section 2054.5191 relating to the Page 14 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 cybersecurity training program for local government employees who have access to a local government computer system or database. 16.1.2 Performing Party certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. 16.1.3 Performing Party agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 16.1.4 Performing Party represents and warrants that it will comply with Texas Government Code Section 2252.906 relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. 16.1.5 In accordance with Texas Government Code Section 669.003, relating to contracting with the executive head of a state agency, Performing Party certifies that it is not (1) the executive head of the TCEQ, (2) a person who at any time during the four years before the date of the Contract was the executive head of the TCEQ, or (3) a person who employs a current or former executive head of the TCEQ affected by this section. 16.1.6 Performing Party acknowledges and agrees that appropriated funds may not be expended in the form of a grant to, or contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: • Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for increased salaries for local government employees; • Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and • Sections 2113.012 and 2113.101 of the Texas Government Code. 16.1.7 Performing Party represents and warrants that TCEQ's payments to Performing Party and Performing Party's receipt of appropriated or other funds under the Contract are not prohibited by Texas Government Code Section 556.0055 which restricts lobbying expenditures. 16.1.8 Performing Party represents and warrants that in the administration of the Contract, it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Texas Local Government Code Chapter 176. If circumstances change during the course of the contract or grant, Performing Party shall promptly Page 15 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 notify TCEQ. 16.1.9 Performing Party represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. 16.1.10 Performing Party represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. 16.1.11 Performing Party certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code §364.003. If Performing Party is currently being sued under the provisions of Local Government Code §364.003, or is sued under this section at any point during the duration of this grant, Performing Party must immediately disclose the lawsuit and its current posture to the TCEQ. 16.1.12 Performing Party represents and warrants that it will comply with Texas Government Code Section 321.022, which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 17. CONTRACT INTERPRETATION 17.1 Definitions. The word "include" and all forms such as "including" mean "including but not limited to" in the Contract and in documents issued in accordance with the Contract, such as Work Orders or Proposals for Grant Activities (PGAs). 17.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 17.3 Delivery of Notice. Notices are deemed to be delivered three (3) working days after postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, email, or other commercially accepted means. 17.4 Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. 17.5 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 17.6 Severability. If any provision of this Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable Page 16 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 (to the extent of such illegality, invalidity, or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 17.7 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 17.8 Venue. Performing Party agrees that the Contract is being performed in Travis County, Texas,because this Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, Texas. 17.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior to the publication or advertisement of information related to this Contract. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 17.10 Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by TCEQ, no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 17.11 Compliance with Laws. TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 17.12 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 17.13 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code §§ 206.50 and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. Page 17 of 18 Contract Number: 582-20-11981 Contract Amendment No. 3 The Effective Date of this Amendment is the date of last signature. All other terms, conditions and requirements remain unchanged and shall apply to all modifications made through this Amendment. TCEQ. Grantee: Texas Commission on Environmental Quality City of Corpus Christi By: By: (Signature) (Signature) Steven Schar Steven Viera (Printed Name) (Printed Name) Deputy Executive Director Assistant City Manager (Title) (Title) Date: Date: Page 18 of 18 Ordinance Ordinance accepting $424,212.00 for an increase in the Air Quality Planning Grant from the Texas Commission on Environmental Quality to provide air quality planning activities for fiscal year 24/25; appropriating $424,212.00 in the Health Grant Fund; and authorizing an amendment to an interlocal cooperation agreement with Texas A & M University-Corpus Christi to add $381 ,791 .00 for air quality monitoring services through December 31 , 2025. City Council March 19, 2024 Summary & Background Nueces County Public Health District in partnership with TAMU-CC continued Air Quality Monitoring. • The Texas Commission on Environmental Quality (TCEQ) provides funding to monitoring Air Quality in Texas through the Rider 7 State and Local Air Quality Planning Program. • The Rider 7 program began in 1995 to support local efforts to improve air quality and attaining Federal Ozone National Ambient Air Quality Standards. • The goal of the Rider 7 program is to ensure airsheds in Texas do not enter "nonattainment" status. Nonattainment occurs when an airshed does not meet the national primary or secondary ambient air quality standards as established by the National Ambient Air Quality Standards. • Entering nonattainment can have significant regulatory and fiscal consequences for businesses within the airshed City Council March 19, 2024 Summary & Background Continued • TCEQ extended the existing Rider 7 grant for two additional years through December 31 , 2025 (FY2024/2025). • TCEQ allocated $424,212 for FY2024/2025 to conduct air quality monitoring of the local airshed. • The grant required Air Quality monitoring is conducted by the Department of Physical and Environmental Sciences at the Texas A&M University - Corpus Christi (TAMU-CC • Air quality data is gathered, reviewed, analyzed, by a team of environmental scientists and reported to the Public Health District and TCEQ monthly City Council March 19, 2024 Corpus Christi Urban Airshed 3-year rolling average for ozone trending 85 - 80 EPA NAAOS for Ozone 75 70 cL 65 v 0 60 N 0 55 50 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Year Corpus Christi urban airshed 3-year rolling average of fourth highest ozone concentration CAMS 04 Corpus Christi urban airshed 3-year rolling average of fourth highest ozone concentration CAMS 21 EPA NAAQS for Ozone City Council March 19, 2024 Findings TAMU-CC completes the following tasks for the Air Quality Monitoring(Rider 7)Program: 1. Create a Quality Assurance Project Plan for the monitoring of air quality 2. Operating 6 air monitoring sub-stations throughout the local airshed a. Holly Road,Aransas Pass,Odem,Annaville,TAMU-CC Campus,Health District 3. Creation of a new air monitoring station at the Public Health District 4. Implement a mobile air monitoring campaign in Corpus Christi 5. Conduct a detailed analysis of ambient air quality monitoring including: a. Evaluation of wind speeds,wind directions, relative humidity and temperature associated with background and high ozone events to determine the local conditions and sources associated with high/low ozone levels b. Determine trends associated with background and high ozone levels C. Determine 24-hour air mass back trajectories using NOAA HYSPLIT software to determine source regions likely to affect local area ozone. d. Perform weekday vs.weekend analysis to evaluate the potential effectiveness of reduced levels of local industrial and mobile source activity e. Address questions listed in Section 11.1.1 of EPA's ozone modeling guidance document, Guidance on the Use of Models and Other Analyses to Demonstrating Attainment of Air Quality goals for Ozone, PM2.5,and Regional Haze. f. Investigate ozone trends and determine the annual frequency of high ozone days g. Create ozone isopleth (Figure 3) by plotting ozone concentrations vs. NOx at all five sites and VOC (CAMS1024) concentration data in order to determine NOx vs.VOC limited scenarios in the Corpus Christi airshed. 6. Conduct a detailed analysis of soil biogenic NOX flux characterization 7. Complete and deliver quarterly progress reports and financial status reports to TCEQ 8. All other contractual obligations as described by TCEQ statement of work Continued participation in the Air Quality Monitoring(Rider 7)program and the TAMU-CC partnership is in accordance with historical and best practices for air quality monitoring. City Council March 19,2024 Fiscal Impact and Staff Recommendation Fiscal impact • TCEQ Contract No. 582-20-11981 has a total value for FY24/25 of $424,212. • Appropriates the $424,212.00 in the Health Grant Fund. • No match is required for this contract. Staff Recommends Approval City Council March 19, 2024 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of March 19, 2024 ss52 Second Reading for the City Council Meeting of March 26, 2024 DATE: February 23, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO, Assistant City Manager HeatherH3(o)cctexas.com (361) 826-3506 Ordinance Amending Tax Increment Reinvestment Zone #3 Fiscal Year 2023-24 Operating Budget for Payout to Agnes Water, LLC at 401 Water Street CAPTION: Ordinance amending the FY 2023-24 Corpus Christi Tax Increment Reinvestment Zone #3 (TIRZ #3) budget, to increase expenditures by a total of $3,690.60. SUMMARY: This Ordinance authorizes an amendment to the FY 2023-24 TIRZ#3 budget for Payout to Agnes Water, LLC in the amounts of$723.47 for tax year 2020 and $2,967.13 for tax year 2021, from the TIRZ #3 Project Specific Development Program. BACKGROUND AND FINDINGS: After the successful renovation of a building that had been vacant for 30+ years, Stonewater Properties, LLC submitted the completion of improvements made to the property located at 401 Water Street in 2019, making them eligible for a 5-year reimbursement. In 2020, Agnes Water, LLC bought out Stonewater Properties, LLC, thereby transferring all future reimbursement payments to Agnes Water, LLC. They did not submit a request for reimbursement at that time. In 2021, the appraised value of the property increased significantly, prompting Agnes Water, LLC to submit a property tax appeal. Because of the tax appeal, Agnes Water, LLC was ineligible for reimbursement for tax years 2020 and 2021 at that time. In October 2023, Agnes Water, LLC submitted a request for reimbursement and staff paid out a reimbursement amount of$11,722.58 for tax year 2022 but could not issue payment for tax years 2020 and 2021 without a motion of approval from the TIRZ #3 Board. At the February 20, 2024 meeting, the board authorized a resolution authorizing an amendment to the FY 2023-24 Corpus Christi Tax Increment Reinvestment Zone #3 (TIRZ #3) budget, which increases expenditures by a total of$3,690.60, for the increased funding for the Downtown Development Reimbursement Agreement payout to Agnes Water, LLC, for $723.47 for tax year 2020 and $2,967.13 for tax year 2021. ALTERNATIVES: The City Council can choose to not approve this ordinance or choose to make changes. FISCAL IMPACT: The fiscal impact is in the amount of$3,690.60 from the TIRZ #3 unreserved fund balance. Funding Detail: Fund: 1112 TIF #3 Organization/Activity: 10279 Project Specific Development Program Department: 57 Economic Development Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approving the TIRZ#3 FY 2023-24 operating budget amendment for payout to Agness Water, LLC at 401 Water Street. LIST OF SUPPORTING DOCUMENTS: N/A Ordinance amending the FY 2023-24 Corpus Christi Tax Increment Reinvestment Zone #3 (TIRZ #3) budget, to increase expenditures by a total of $3,690.60. WHEREAS, the budget for Corpus Christi Tax Increment Reinvestment Zone No. 3 (TIRZ#3) was adopted as part of the City's FY 2023-24 operating budget in Ordinance No. 033151-1 WHEREAS, the TIRZ #3 Board has approved an amendment to the FY 2023-24 Corpus Christi Tax Increment Reinvestment Zone #3 (TIRZ #3) budget, which increases expenditures by $3,690.60 for the increased funding for the Corpus Christi Downtown Management District's (DMD) Downtown Development Reimbursement Agreement payout to Agnes Water, LLC, for $723.47 for tax year 2020 and $2,967.13 for tax year 2021 ; and WHEREAS, the funds to reimburse Agnes Water, LLC for tax years 2020 and 2021 were not appropriated or included in the approved budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of$3,690.60 are appropriated from the unreserved balance of Downtown TIF #3 Fund No. 1112. SECTION 2. That the FY 2023-24 operating budget adopted by Ordinance No. 033151 is amended by increasing expenditures by $3,690.60. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary �vs cr� Gp F AGENDA MEMORANDUM NCNPaRPEO First Reading Ordinance for the City Council Meeting March 19, 2024 1852 Second Reading Ordinance for the City Council Meeting March 26, 2024 DATE: March 19, 2024 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 826-1292 Ordinance authorizing a one-year lease agreement with Turo, Inc. for Peer-to-Peer Vehicle Sharing Services at Corpus Christi International Airport. CAPTION: Ordinance authorizing the City Manager to execute a one-year lease agreement with Turo, Inc. for peer-to-peer vehicle sharing service at Corpus Christi International Airport, with two one-year options to renew, in consideration of monthly lease payments based on 10% of gross revenue. SUMMARY: The operating agreement gives Turo the ability to operate in designated paid parking lots of the Corpus Christi International Airport for a percentage of gross revenue. The term of the operating agreement is for one year, with two one-year options for renewal. BACKGROUND AND FINDINGS: Turo is a peer-to-peer carsharing company based in San Francisco, California. The company does not own nor maintain any vehicles, but allows private vehicle owners to rent their vehicles to others via a phone app. The company launched in 2012 and its usage skyrocketed during the COVID pandemic. Since then, the company has continued to grow in communities across the country. Turo operates in the Corpus Christi community, and many vehicle owners offer the ability to pick up their vehicle at Corpus Christi International Airport. Today, these vehicles are parked in Short Term and exchanged with renters without any revenue of this transaction being captured by the City. Airport staff and Turo began discussions in 2023 to enter an operating agreement. The terms of the agreement include a concessionaire fee equal to ten percent of gross revenues. Turo users will be authorized to operate in the Short Term parking lot but must pay the daily rate for the parking lot. No parking spaces are expressly reserved for Turo vehicles. ALTERNATIVES: Alternatives include allowing Turo to continue to operate without an operating agreement, which relieves them of remitting any revenue to the City. FISCAL IMPACT: The airport will receive a use fee equal to 10% of the gross revenue related to any transaction in which a shared vehicle driver selects the airport for delivery of a shared vehicle. Parking lot fees are applicable for all vehicles parked longer than 3 hours. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 Department: 53 Project # (CIP Only): n/a Account: 320650 RECOMMENDATION: City staff recommends approval of this action item. The Airport Board recommended approval of this action item at their regularly scheduled Board meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Peer to Peer Car Sharing Agreement Ordinance authorizing execution of a one-year lease with Turo, Inc. for peer-to-peer vehicle sharing service at Corpus Christi International Airport, with two one-year options to renew, in consideration of monthly lease payments based on 10% of gross revenue. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager or designee is authorized to execute a one-year lease agreement with two one-year renewal options with Turo, Inc. for peer-to-peer vehicle sharing service that would operate in designated paid parking lots at the Corpus Christi International Airport for monthly lease payments based on 10% of gross revenue and parking lot fees. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 TURO INC. PEER TO PEER CAR SHARING AGREEMENT THIS Peer to Peer Car Sharing Agreement is entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a home-rule municipal corporation existing under the laws of the State of Texas ("City"), and TURO INC., a Delaware corporation ("Turo"). City and Turo may sometimes be referred to herein as "Party" or collectively as "Parties." WHEREAS, City owns and operates the Corpus Christi International Airport("Airport"), located in Nueces County, Texas; and WHEREAS, Turo desires to enable its Peer-to-Peer Vehicle Sharing Service (as defined herein) at the Corpus Christi International Airport; and WHEREAS, City has agreed to allow Turo to offer a Peer-to-Peer Vehicle Sharing Service at the Airport subject to the terms, covenants, and conditions of this Agreement; NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, and other good and valuable consideration, the receipt of which the Parties hereby expressly acknowledge, the Parties hereto covenant and agree to the following terms, covenants, and conditions: ARTICLE 1. DEFINITIONS A. "Peer-to-Peer Vehicle Sharing Service" shall mean the authorized use of a vehicle by an individual other than the owner of the vehicle through an internet booking platform that connects motor vehicle Owners with drivers to enable the sharing of motor vehicles for financial consideration. B. "Agreement" shall refer to this contract between the City and Turo governing Turo's Peer-to-Peer Vehicle Sharing operation at the Corpus Christi International Airport and the consideration to be paid to the City for the use of City property. C. "Shared Vehicle Driver, or Drivers" referenced as "Guest" in the Turo's Terms of Service publication, shall mean an individual who has been authorized to drive a Shared Vehicle by a Shared Vehicle Owner under a Vehicle sharing agreement. D. "Shared Vehicle Owner, or Owners" referenced as "Host" in Turo's Terms of Service publication, shall mean the registered Owner(s), or a person designated by a registered Owner, of a vehicle made available to Shared Vehicle Drivers through a Peer-to-Peer Vehicle Sharing Service program. E. "Shared Vehicle, or Vehicles" shall mean a motor vehicle that is available for sharing through a Peer-to-Peer Vehicle Sharing Service. F. "Daily Parking Rate" shall mean the parking fee for any vehicle that is parked in the designated "Peer-to-Peer" locations in the terminal/short tern parking. DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 ARTICLE 2.NON-EXCLUSIVE A. Subject to the terns of this Agreement, City hereby grants a revocable, non-exclusive privilege to Turo to enable its Peer-to-Peer Vehicle Sharing Service for Owners to deliver vehicles at the Airport. B. Turo, Shared Vehicle Owners, and Shared Vehicle Drivers may use the Airport Terminal Short-Term parking lot, as depicted in the aerial map attached hereto and incorporated herein as Exhibit A. Covered and long-term parking lots, driveways, and fire lanes are excluded from Shared Vehicle parking Turo, Shared Vehicle Owners, and Shared Vehicle Drivers may use the designated airport parking lot in the same manner, as any other Airport customer. C. Turo, Shared Vehicle Owners, and Shared Vehicle Drivers may use the designated Electrical Vehicle Charging Stations depicted in Exhibit A. Provided, however,that(1) such Vehicle Exchange shall not exceed 24 hours in duration, (ii) the Shared Vehicles do not disrupt the flow of other Airport customers. (iii)The Shared Vehicle is identified as an Electric Vehicle. Turo agrees that the City may at the sole discretion of the Airport Director or designee change the location for Electric Exchanges based on the operational needs of the Airport. D. Turo, Shared Vehicle Owners, and Shared Vehicle Drivers may conduct VIP Owner to Driver exchanges in the "Attended Vehicle Exchange" designation depicted in Exhibit A. Provided, however, that(i) such Attended Vehicle Exchanges shall not exceed 5 minutes in duration, (ii)the Attended Vehicle Exchanges take place within the Parking Lot area designated in Exhibit A, and (iii) the Attended Vehicle Exchanges do not disrupt the flow of other Airport customers. Turo agrees that the City may at the sole discretion of the Airport Director, or their designee change the location for the Attended Vehicle Exchanges based on the operational needs of the Airport. E. The City reserves the right at its sole discretion to reassign the Designated Location for Attended Vehicle Exchanges at the Airport, or to terminate all Designated locations for Attended Vehicle Exchanges at the Airport at any time following 30-day written notice to the Turo, or immediately if the City is compelled to for good reason due to security, repairs, construction, or other good cause. The City will make reasonable efforts to accommodate a Designated Location in another area, if possible. If City terminates all Designated Locations for Attended Vehicle Exchanges at the Airport, Turo, Shared Vehicle Owners, and Shared Vehicle Drivers shall continue to have the right to use the Airport Parking Lot in the same manner as any other Airport customer, in which they will drop off and pick up the Shared Vehicle in the Airport Parking Lot and be responsible for any applicable parking fees. F. For purposes of vehicle identification,Turo shall cause all Shared Vehicle Owners that are engaging in drop-offs or pick-ups at the Designated Location for Attended Vehicle Exchanges to equip each vehicle of such Shared Vehicle Owner entering on Airport property with vehicle trade dress, consisting of recognizable emblems acceptable to the DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 City, which will allow City to always identify vehicles at up to 50 feet when such vehicles are on Airport. Such trade dress shall be a visual indicator and control device approved by City designating that the vehicle is authorized to operate at the Designated Location. G. Turo and its Peer-to-Peer Car Sharing Customers understand and agree that the City monitors all vehicles located on Airport property and that vehicles left unattended for more than 10 days in the Airport Parking Lots or in any unauthorized area may be ticketed or towed at any time by the City pursuant to Airport Parking Lot Policies and Airport Security Policies.Any vehicle towed or impounded by the City shall be recovered by the Shared Vehicle Owner at their sole cost and expense. H. Failure by Turo to ensure Shared Vehicle Owners display the City's approved vehicle trade dress shall subject Turo to revocation of the Designated Location. Failure to accurately, and on a timely basis report vehicle activity at the Airport, shall subject Turo to revocation of this Agreement as set forth herein. I. Turo, Shared Vehicle Owners, and Shared Vehicle Drivers are responsible for all parking lot fees for Shared Vehicles. Turo shall ensure that the daily parking rate is paid by the Shared Vehicle Driver upon exiting any Airport parking lot where the Shared Vehicle is parked for 3 hours or more. J. A Shared Vehicle with a license plate that exempts it from Parking Lot fees (Disabled Veteran, Purple Heart, Medal of Honor, and Prisoner of War) will not be eligible for the fee exemptions when not driven by that Shared Vehicles's registered owner. Drivers who qualify for a parking fee waiver, e.g., City employees, disabled veterans, Purple Heart recipients, etc., must present appropriate credentials, and passenger travel documents to a parking attendant when exiting the Airport Parking Lots. K. Turo, Shared Vehicle Owners, and Shared Vehicle Drivers shall always comply with orders and directives from the City's police, security, traffic/parking officers, and airport officials. L. If any Shared Vehicle Owner, Shared Vehicle Driver, or any Turo agent or employee violates this Agreement, the City shall take the following actions: a. First Offense - City shall give a verbal warning to such Shared Vehicle Owner, Share Vehicle Driver, or Turo agent or employee. b. Second Offense—City shall give a written warning and/or 10-day suspension of operation at the Airport to such Shared Vehicle Owner, or Shared vehicle Driver or Turo agent of employees, and City shall provide a copy of such written warning to Turo. DocuSign Envelope ID:FEB40384-278A-4F87-AEBA-A9E473ADE977 C. Third Offense—Such Shared Vehicle Owner, Shared Vehicle Driver, or Turo agent or employee shall no longer have a right of access to Airport property through the end of the current Tenn. d. If an offense is so serious in the opinion of the City, the City has the right to immediately suspend or permanently revoke the right of Airport access that the Shared Vehicle Owner, Shared Vehicle Driver, or Turo agent or employee is granted under this Agreement. ARTICLE 3. TERM OF AGREEMENT A. Initial Term. The term of this Agreement and all rights herein granted to Turo shall begin within 30 days following the execution of this Agreement by both parties ("the Effective Date") and shall terminate one year thereafter; unless earlier terminated as provided herein. B. Renewal Terms. Subject to full compliance to all terms, covenants, and conditions by Turo during the initial Term of this Agreement, as may be amended, the parties may elect in sequence to extend the term of this Agreement for two additional one-year renewal terms ("Renewal Terns"), which Renewal Terms shall be subject to the same terms, covenants, and conditions of this Agreement, and evidenced by a written agreement executed by both parties. C. Right to Terminate. Either party may terminate this Agreement upon giving 30 days prior written notice to the other Party. City may also terminate, revoke, or suspend this Agreement without forfeiture, waiver, or release of City's rights to any sum due or to become due under any provision of this Agreement upon default by Turo for fees required or any other)material violation by Turo of any of the other provisions of this Agreement. City may also terminate, revoke, or suspend this Agreement upon failure of Turo to remedy such default or violation within ten days after notice from City to Turo of such default or violation,provided, however, that no such ten-day notice shall be required in those instances in which a provision of this Agreement grants to City the right to terminate this Agreement immediately upon Turo's violation of or failure to comply with the terms hereof. D. City may suspend the right of access to Airport property by any Shared Vehicle Owner, Shared Vehicle Driver, or any Turo agent or employee if, in City's sole discretion, such Shared Vehicle Owner, Shared Vehicle Driver, or Turo agent or employee violates any Applicable Laws. ARTICLE 4. USE FEES A. Use Fee. For the commercial use of the Airport, on the 20th day of each month,Turo shall make a payment to the City equal to ten percent of the gross revenue relating to any transaction in which a Shared Vehicle Driver selects the Airport for delivery of a Shared Vehicle ("Use Fee"), which Use Fee shall contribute in part to the operating cost of the DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 Airport. Use Fee payments shall be remitted to The City of Corpus Christi, P. O. Box 9257, Corpus Christi, Texas 78469—9257.At any time, City and its agents may further audit Turo's business accounts at any reasonable time, and if any such audit demonstrates that Turo has underpaid under any amount hereunder,Turo shall pay the cost of such audit if the discrepancy exceeds five percent of the amount paid by Turo that is audited. B. Activity Report. On the 20th day of each month,Turo shall furnish a true and correct report signed by an authorized representative of Turo to the City summarizing the rental activity for the previous month. The monthly activity report referenced and attached hereto as Exhibit B —Monthly Revenue Report will be submitted to the Corpus Christi International Airport, Finance Department, 1000 International Drive, Corpus Christi, Texas 78406. The report will include: a. The number of drop-off and pick-up transactions of Shared Vehicles at the Airport per day that are arranged or booked through Turo's platform. b. The daily counts of Shared Vehicles at the Airport per day arranged or booked through Turo's platform. c. The gross revenue for each such transaction. d. The total gross revenue (as defined below) for the month; and e. The number of Shared Vehicle Owners that, to the knowledge of Turo, operated at the Airport in the previous month. C. Gross Revenue. For purposes of this Agreement, the term "gross revenue" shall include: a. Any income Turo and Shared Vehicle Owner receives under a Shared Vehicle agreement. b. All time and mileage charges for Shared Vehicles in the Shared Vehicle agreement. c. All trip fees and delivery fee charges for Shared Vehicles in the Shared Vehicle agreement. d. Any charges for insurance offered incidental to a Shared Vehicle agreement including but not limited to accident and personal effects insurance. e. The amount charged to Airport patrons in the Shared Vehicle agreement for the cost of furnishing and/or replacing fuel provided by a Shared Vehicle Owner or Turo; and DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 f. All additional charges not expressly excluded under this provision, such as add- ons for GPS, child carriers, ski or bicycle roof-top carriers, travel accessories, conveniences, cleaning fees, and service charges. D. Deductions from Gross Revenue. The following shall be excluded from "gross revenue": a. The amount of any federal, state, local sales, or tourism tax separately stated on the Vehicle Sharing agreement and collected from the Shared Vehicle Driver and remitted to the taxing authority. b. The amount of any sum received as insurance proceeds or a judicial judgment or settlement to restore damage to automobiles or other property of Turo or Owners, or to restore a tangible loss, theft, or conversion. c. Amounts received as payment for and administration on behalf of Shared Vehicle Drivers and/or Shared Vehicle Owners of red-light tickets,parking tickets, tolls, tows, and impound fees, or any other fees which are separate from the Shared Vehicle Agreement. d. Any amounts received for any cancellation fees. e. Any amounts received by Turo from Shared Vehicle Drivers which are fully passed through to Shared Vehicle Owners such as post-trip reimbursements, smoking fees, etc. or any other amounts received in which Turo does not retain any portion thereof. ARTICLE 5. LATE FEES A. Any amount due and payable hereunder that is not paid on the date it is due shall incur a late fee of$200.00 per occurrence due and payable to the City. Turo shall pay said late fee to City within ten days of receipt of notice (via email or by letter) from the City or the failure to pay said fee will constitute a material breach of this Agreement and entitle the City to terminate the Agreement. ARTICLE 6. SURETY A. As security for Turo's full, faithful, and prompt performance of and compliance with all covenants, terms, and conditions of this Agreement, Turo shall provide an irrevocable letter of credit or corporate surety bond in favor of the City and in a form acceptable to City in an amount equivalent to three months'projected fees (as projected by City) payable under this Agreement, or $5,000.00, whichever is greater, assuring the faithful performance of all obligations under this Agreement(the "Surety"). In addition to any and all other remedies available to it under this Agreement or otherwise, City shall have the right, at its option at any time and from time to time, to use the Surety or any part thereof in whole or partial satisfaction of any of its claims or demands against Turo and for the payment or attorneys' fees for the enforcement of any or its claims or demands DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 against Turo, if City is the prevailing party. City shall have no obligation to exercise such right, and neither the existence of such right nor the holding of the Surety itself shall cure any default or breach on the part of Turo. Within 30 days after the expiration or earlier termination of this Agreement and upon written request therefor by Turo, City will return the letter of credit or surety bond. ARTICLE 7. OBLIGATIONS OF TURO A. Compliance with State and Federal Laws. The following provisions are in this contract for compliance with state and federal law, and the City does not opine on their validity or enforceability. Lessee shall bear the entire sole burden for complying with any of these clauses. Prior to the enforcement of any of the following clauses, the City will give at least 30 days notice of alleged violation thereof and an opportunity for the Lessee to be heard concerning the alleged violation, effect thereof on the City, and proposed remedial measures: • Lessee warrants that it is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, religion, sex, age, disability, creed, color, or national origin. • Lessee shall provide all services and activities required to comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336 [S.933]. • Lessee agrees to comply with Tex. Gov't Code § 2252.908 and submit Form 1295 to the City with the signed agreement. The Parties agree that the City is not responsible for the information contained in Form 1295. • In accordance with Tex. Gov't Code §2252.909, Lessee must include in each contract for the construction, alteration or repair of an improvement to this leased property a condition that the contractor execute a payment bond that conforms to Subchapter I, Chapter 53, Property Code and a performance bond equal to the amount of the contract and conditioned on the faithful performance of the contractor's work in accordance with the plans, specifications and contract documents. Lessee must provide the City with a notice of commencement at least 90 days prior to start of construction, alteration or repair that complies with Texas Gov't Code § 2252.909. ARTICLE 8.ASSIGNMENT AND SUB-AGREEMENT A. Turo shall not assign or sub-Agreement or otherwise purport to authorize or allow any other person or entity to exercise, this Agreement or its rights granted in this Agreement without the prior written consent of City, which City may grant or withhold in its sole discretion.Notwithstanding the foregoing, Turo may assign this Agreement to an affiliate of Turo upon written consent of the City, which consent shall not be unreasonably withheld. If Turo assigns this Agreement to an affiliate, Turo shall remain liable for the performance and obligations of this Agreement, including, but not limited to, all fees and charges, deposit, insurance, indemnification, and compliance with all laws, regulations, and policies. DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 ARTICLE 9. ENVIRONMENTAL REGULATIONS A. Turo agrees to comply and/or cause its Shared Vehicle Owners to comply with all Applicable Laws relating to the protection of the environment and the handling and release of any and all substances, chemicals, wastes, sewage, or other materials which are now or hereafter regulated, controlled, or prohibited by any Applicable Laws requiring removal, warning or restriction on the use, generation, disposal or transportation thereof, including, without limitation, any substance defined as a "hazardous substance," "hazardous material," "hazardous waste," "toxic substance"or"air pollutant," (collectively, "Hazardous Material")Turo shall indemnify City, defend it with counsel reasonable and acceptable to City, and hold it free and harmless from any and all liabilities, damages, claims, penalties, fines, settlements, causes of action, costs or expense, including reasonable. attorneys' fees, environmental consultant and laboratory fees, and the costs and expense of investigation and defending any claims or proceedings, resulting from or attributable to [i)the presence, disposal, release or threatened release of any Hazardous Material that is on, from or affecting the Airport premises which Turo uses, including the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise located on, under, or near such premises; (ii) any personal injury (including wrongful death) or property damage (real or personal) arising out of or relating to the Hazardous Material; (iii) any lawsuits or administrative order relating to the Hazardous Material; or(iv) any violation of any laws applicable to the Hazardous Material. The terms of this paragraph shall apply only to Hazardous Material for which Turo or a Shared Vehicle Owner is responsible. ARTICLE 10. INSURANCE REQUIREMENTS A. See all the details in Exhibit C. ARTICLE 11. INDEMNIFICATION In consideration of allowing Turo to use the Premises, Turo covenants to fully indemnify, defend, save, and hold harmless the City, its officers, agents, representatives, and employees (collectively "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from Indemnitees on account of injury or damage to person including, without limitation, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by or be in any way connected with, either proximately or remotely, wholly or in part: (1) Turo's performance pursuant to this Agreement; (2) Turo's use of the Premises and any and all activities associated therewith pursuant to this Agreement; (3) the DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 violation by Turo, its officers, employees, agents, or representatives of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Agreement; (4) the exercise of rights under this Agreement; or (5) an act or omission on the part of Turo, its officers, employees, agents, or representatives pertaining to this Agreement, 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. Turo covenants and agrees that if Indemnitees, or any of them, is made a party to any litigation against Turo or in any litigation commenced by any party other than Turo relating to this Agreement, Turo shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend Indemnitees in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim, or action. ARTICLE 13.NON-EXCLUSIVITY A. Nothing herein contained shall be deemed to grant Turo any exclusive right or privilege within the meaning of Section 308 of the Federal Aviation Act of 1958, as amended(the "Federal Aviation Act"), for the conduct of any activity at the Airport, except that, subject to the terns and provisions hereof, Turo shall have the right to operate at the Airport under the provisions of this Agreement. ARTICLE 14. SUBORDINATION A. This Agreement is further subject and subordinate to the provisions of any agreement heretofore or hereafter made between City and the United States government relative to the operation or maintenance of the Airport, the execution of which has been required as a condition precedent to the transfer of federal rights or property to City for Airport purposes, or the expenditure of federal funds for the improvement or development of the Airport, including the expenditure of federal funds for the development of the Airport in accordance with provisions of the Federal Aviation Act. The parties incorporate herein by reference all provisions lawfully required to be contained herein by any Governmental Authority. In the event that a Governmental Authority requires modifications or changes to this Agreement as a condition precedent to the granting of funds for the Improvement of the Airport, or otherwise, Turo shall make or agree to such amendments, modifications, revisions, supplements, or deletions of any of the terms, condition, or DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 requirements of this Agreement as may be reasonably required and any expenses resulting from such amendments, modifications, revisions, supplements, or deletions shall be paid by City. ARTICLE 15.NO WAIVER A. No waiver of a default by either party of any of the terms, covenants, or conditions herein to be performed, kept, and observed by the other party shall be construed as or shall operate as a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained to be performed, kept, and observed by the other party. ARTICLE 15A. COSTS OF ENFORCEMENT A. If legal action is necessary to enforce the terms of this Agreement, Turo shall pay all of the City's costs incurred in taking such action, including, without limitation, attorneys" fees, solely if the City is the prevailing party in such legal action. ARTICLE 16. NOTICES A. All notices, approvals, consents, demands, and other communications required by this Agreement must be in writing to be effective and be delivered or sent by certified United States Mail,postage prepaid, by a recognized overnight delivery service that provides registered and verifiable shipment or air bill tracking and delivery record, with costs prepaid, by hand-delivery, to the addresses set forth below: To City: CITY OF CORPUS CHRISTI Corpus Christi International Airport Director of Aviation 1000 International Drive Corpus Christi, TX 78406 To Turo: TURO INC. Legal -Airports I I I Sutter Street, 12th Floor San Francisco, CA 94104 B. The person and place to which notices are to be sent may be changed by a party hereto upon written notice to the other.A notice required or permitted hereunder shall be deemed received on the date that is three calendar days after the date on which the notice is deposited in the United States Mail if sent by certified mail, or, if personally delivered, on the date such personal delivery is made. If notice is given by a recognized delivery service, then the notice shall be deemed received by the addressee on the date on which the signature receipt is recorded by such recognized delivery service. DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 ARTICLE 17. HEADINGS A. The headings of the several sections of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of any provisions of this Agreement and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. ARTICLE 18. SEVER-ABILITY A. If one or more clauses, sections, or provisions of this Agreement shall be held to be unlawful, invalid, or unenforceable, the parties hereto agree that the material rights of either party hereto shall not be affected thereby except to the extent of such holding, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted here from. ARTICLE 19. RIGHTS RESERVED A. The parties hereto further covenant and agree that City reserves the right to further develop or improve the Airport as it may see fit, regardless of the desires or views of Turo and without interference or hindrance by Turo. ARTICLE 20. SUCCESSORS AND ASSIGNS A. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties. ARTICLE 21. INTERPRETATION A. Words of any gender used in this Agreement shall be held and construed to include any other gender, words in the singular number shall be held to include the plural, and words in the plural number shall be held to include the singular unless the context otherwise requires. ARTICLE 22. REPRESENTATION A. Everyone executing this Agreement on behalf of Turo warrants that he or she has full authority to execute this Agreement on behalf of Turo. The parties hereby agree that this Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same Agreement. ARTICLE 23. VENUE A. This Agreement has been executed by, delivered to, and accepted by City, and the provisions hereof shall be governed by the laws of Texas, and any disputes arising out of or related to this Agreement shall be resolved in accordance with said laws. The parties agree that any action or legal proceeding arising out of or related to this Agreement shall be brought in the state courts of Nueces County,Texas, or in the federal court in closest DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 proximity to the City; and the parties hereby consent to and waive any objection to jurisdiction or venue in said courts. ARTICLE 24. ENTIRETY OF AGREEMENT A. The Parties understand and agree that this instrument contains the entire agreement between them with respect to the subject matter herein. Each Party further understands and agrees that the other party and its agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement except as expressly set forth herein. Each Party acknowledges that it has thoroughly read this Agreement, including any exhibits or attachments, and has sought and received such competent advice and counsel as was necessary for it to form a full and complete understanding of all rights and obligations herein. B. No Director, officer, agent, or employee of City shall be charged personally or be held liable by or to Turo under any term or provision of this Agreement, or any amendment thereto, or because of any breach hereof, or because of its execution. Signatures on next page. DocuSign Envelope ID:FEB40384-278A-4F87-AE8A-A9E473ADE977 IN WITNESS WHEREOF, the undersigned have duly executed this Lease as of the dates set forth below. CITY OF CORPUS CHRISTI TURO,INC DocuSigned by: Heather Hurlbert,Assistant City Manager Alex enn, resident ATTEST: Heather Hurlbert Assistant City Manager Approved as to form: Assistant City Attorney for Miles Risley, City Attorney 1 b N CCJ EXHIBIT A Prepared by: Randy Schumann TURO SITE MAP w A 1000International Drive Approved by: Kevin Smith Corpus Christi s International Airport Not to Scale Sheet No.I oft Date: 1/11/2023 / Lx t •�f i f ` "aA aRJa1� 0&Lt: qa;A le(Ll i i@� i'BM @Qe v ggta—BRA,. o_,^@� i ✓ 's - g i Electric Vehicle g - Charging Stations 4:n rFig, -� Numbered Parkin f �f 8 J — 1-30 o t u,r -' gi b ' i1 1,5 Ft @ :@ B °'. A' i i�L :� = Peer to Peer Staging Area Qr _ °9 ° 1JDj Attended Vehicle Exchange J J ur N ' EXHIBITA Prepared by: Randy Schumann CAUTHORIZED VEHICLE STAGING AREA ti E 1000International Drive Approved by: Kevin Smith Corpus Christi s International Airport Not to Scale Sheet No.2of2 Date: 1/11/2023 CCI Monthly Revenue Report AML Peer to Peer Vehicle Sharing Service Corpus Christi Revised:111212024 International Airport EXHIBIT B • •� (Month/Year) DAY OF DAY OF TOTAL•••• TOTAL TOTAL•••• TOTAL TOTALTHE •SS SALES THE TOTAL PICK UPS GROSS OFFS TRANSACTIONSOFFS TRANSACTIONS MONTH • 1ST 16TH 2ND 17TH 3RD 18TH 4TH 19TH 5TH 2OTH 6TH 21ST 7TH 22ND 8TH 23RD 9TH 24TH 10TH 25TH 11TH 26TH 12TH 27TH 13TH 28TH 14TH 29TH 15TH 30TH 31ST TOTALS • Total Pickups: 0 Total Gross Revenue: $ - Total Drop-Offs: 0 Rate: 10% Total Transactions: 0 Grand Total: 0 Total Due to CRP: is - Report(including revisions)and fees are due on or before the 20th of each month. Must also include a detailed daily sales transaction report by owner. The undersigned hereby certifies that this report is a true,accurate,and complete statement of Company's Gross Revenue in accordance with the Lease Agreement for the month reported. Prepared By ................................................................................................................... Signature For CCIA Use Only Name Title Date Signed € M/D/YYYY Management Signature Name Title Date Signed € :.................................................................................................................r M/D/YYYY Form is subject to change as needed,tenant will be notified in advance of any modifications. EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee 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 subcontractor 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 $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability $5 000 000 Per Occurrence El 5. Independent Contractors 6. Personal Injury-Advertising Injury $10,000,000 Per Occurrence ❑ Required ® Not Required ❑ AUTO LIABILITY(including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased Required ® Not Required ❑ CRIME/EMPLOYEE DISHONESTY $50,000 Per Occurrence Lessee shall name the City of Corpus Christi, Texas as Loss Payee (Insurance Limit Subject to Change Based on Risk Required ® Not Required ❑ Management Annual Review of Actual Receipts) PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. Required ® Not Required ❑ 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 ® Not Required ❑ C. hi 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. II. 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 below within 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 or termination of coverage,Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this 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. 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. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2023 Insurance Requirements Exhibit CCIA - Lease Agreement for TURO Inc. Peer to Peer Car Sharing 10/26/2023 Risk Management—Legal Dept. Version 1;Exhibit subject to revision by Risk Management upon finalized lease agreement, and any modifications to the original scope of work. Note: This Exhibit applies to the lease agreement only, and does not apply to any construction or project funding. A separate review of insurance requirements and separate Exhibit will be required for construction operations or funding, if applicable. ¢pUS CgA_ oko _ �r� ATTACHMENT D: DISCLOSURE OF INTEREST FORM K CITY OF CORPUS CHRISTI •`� 2o DISCLOSURE OF INTEREST 85 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: Turo Inc. P. O. BOX: STREET ADDRESS: 1 1 1 Sutter Street, 12th Floor CITY: San Francisco STATE: CA ZIP: 94104- FIRM IS: 1. Corporation e 2.Partnership ❑ 3.Sole Owner ❑ 4. Association 5.Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 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 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 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 Page 1 of 21 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: Steven Peterson Title: Sr Director, Commercial Counsel Signature of � Certifying Person: Date: 3���2�24 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 AIM& Corpus Christi International Airport Turo, Inc. Operating Agreement Council Presentation March 19, 2024 Proposed Operating CCIA Corpus Christi Agreement International Airport TURO • Turo is a peer-to-peer carsharing company based in San Francisco, California. • The company launched in 2012. Usage skyrocketed during COVID and it has grown since. 7n • Turo operates in the Corpus Christi community today, EWA.' and many vehicle owners offer the ability to pick up their vehicle at Corpus Christi International Airport. • Today, these vehicles are parked in Short Term and "`"" ` ' exchanged with renters without any revenue of this transaction being captured by the City. Proposed Operating CCIA Corpus Christi Agreement International Airport • The operating agreement gives Turo the ability to operate in the paid parking lots of CCIA for a percentage of gross revenue. • The term of the operating agreement is for one year, with two one-year options for renewal. • City Staff recommends approval of the five-year lease agreement. • The Airport Board recommended approval of the lease agreement at their special called meeting on January 29, 2024. Opp US CH4 } m Proposed Operating CCIA akCorpus Christi o y Agreement • e e e International Airport 1852 . I� it � I I �s . TURO IQESIGNATED PARF{IhI�G �vs cr� Gp F AGENDA MEMORANDUM NCNPaRPEO First Reading Ordinance for the City Council Meeting March 19, 2024 1852 Second Reading Ordinance for the City Council Meeting March 26, 2024 DATE: March 19, 2024 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 826-3232 Ordinance authorizing a five-year lease amendment with the General Services Administration to extend the Transportation Security Administration lease agreement at the Corpus Christi International Airport. CAPTION: Ordinance authorizing Lease Amendment No. 8 to the lease agreement between the City of Corpus Christi and the U.S. General Services Administration for office, terminal, and counter space at the Corpus Christi International Airport by the Transportation Security Administration from March 1, 2024, through February 28, 2029, for minimum annual rent of $622,923.87. SUMMARY: The Transportation Security Administration (TSA) leases land inside the terminal building to support their staff. Space includes a training room, break room, restrooms and locker rooms, staff offices, a supervisor's office at the checkpoint, supplies and storage, and spaces for other uses. BACKGROUND AND FINDINGS: Since beginning operations at the Corpus Christi International Airport, the TSA has leased large amounts of terminal space to support their staff. The most recent lease was drafted and executed on behalf of the TSA by the General Services Administration (GSA) and expires in March 2024. Airport staff communicated with the GSA in early 2024 and both parties have agreed to extend the lease agreement without modifying the spaces that are being leased. The new lease agreement consists of 6,663 square feet that is located on the first and second floor of the terminal building. Space also includes space on the terminal roof for antennas and transmitters and surface parking spaces. Total annual rent amounts to $622,923.87. ALTERNATIVES: Alternatives include allowing the current lease to enter a holdover status or continue to allow TSA to occupy these spaces without a lease agreement. FISCAL IMPACT: Years 1 - 5 Annual Rate / RSF (as rounded to the Annual Rent nearestpenny) Shell Rental Rate $602,535.09 $90.43 Operating Costs $20.388.78 $3.06 Parking N/A N/A Full-Service Rate 1 $622,923.87 $93.49 1 Operating Cost Base for purposes of adjustment shall remain S3.061347 PER RSF 2 Parking costs are included in the Shell Bent FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 Department: 53 Project # (CIP Only): n/a Account: 320460 RECOMMENDATION: City staff recommend approval of this action item. The Airport Board recommended approval of this action item at their regularly scheduled Airport Board meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Amendment Ordinance authorizing Lease Amendment No. 8 to the lease agreement between the City of Corpus Christi and the U.S. General Services Administration for office, terminal, and counter space at the Corpus Christi International Airport by the Transportation Security Administration from March 1, 2024, through February 28, 2029, for minimum annual rent of $622,923.87. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager or designee is authorized to execute Lease Amendment No. 8 to Lease No. GS-07P-LTX15384 between the City of Corpus Christi and the U.S. General Services Administration for the use of office, terminal, and counter space at the Corpus Christi International Airport by the Transportation Security Administration from March 1, 2024, through February 28, 2029, for minimum annual rent of $622,923.87. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary GENERAL SERVICES ADMINISTRATION LEASE AMENDMENT No. 8 PUBLIC BUILDINGS SERVICE TO LEASE NO. GS-07P-LTX15384 LEASE AMENDMENT ADDRESS OF PREMISES PDN Number: N/A Corpus Christi International Airport 1000 International Dr. Corpus Christi, TX 78406-1809 THIS AMENDMENT is made and entered into between City of Corpus Christi whose address is: 1000 International Drive, Corpus Christi,TX 78406 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective upon execution as follows: 1.) Extend the term of the lease; and 2.) Re-State the termination rights of the Lease; and 3.) Establish the reduction in square footages of lease space and re-state parking; and 4.) Establish the Annual Rent Schedule; and 5.) Incorporate FAR and GSAR Clauses for Lease Extensions and Renewals. 6.)All other terms and conditions are in full force and effect. This Lease Amendment contains 8 pages including Exhibit"A". All other terns and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF,the parties subscribed their names as of the below date. FOR THE LESSOR: FOR THE GOVERNMENT: Name: Name: Title: Title: Lease Contracting Officer Entity: General Services Administration,Public Buildings Service Date: Date: WITNESSED FOR THE LESSOR BY: Name: Title: Date: Approved as to form: By � 1�/!�� "`-�"- Lease Amendment Form REV(10/20) Assistant City Attomey For City Attorney Lease Amendment No.8—GS-07P-LTX15384 PAGE 2 of 2 1). The lease is amended to extend the term for a period of sixty (60) months with twelve (12) months firm term beginning on March 1st, 2024 and expiring on February 281h, 2029. 2.)The Government may terminate this Lease after completion of the firm term, in whole or in parts,at any time effective by providing not less than 120 days prior written notice to the Lessor. 3.) The total leased premise square footage shall change from 6,993 Rentable Square Feet (RSF) yielding 6,000 ANSI/BOMA Office Area (ABOA) to 6,663 RSF yielding 5,670 ABOA. And Parking shall remain 3 surface/outside parking spaces reserved for the use of the Government. 4.)The Government shall pay the Lessor annual rent payable in monthly installments in arrears, at the following rates: Years 1 -5 Annual Rate/RSF (as rounded to the EW Annual Rent nearestpenny) Shell Rental Rate $602,535.09 $90.43 Operating Costs $20,388.78 $3.06 Parking N/A N/A Full-Service Rate $622,923.87 $93.49 Operating Cost Base for purposes of adjustment shall remain$3,061347 PER RSF 2 Parking costs are included in the Shell Rent 5.) The Federal Acquisition Regulation (FAR)and General Services Acquisition Regulation (GSAR) Clauses contained in the attached Exhibit"A" titled FAR and GSAR Clauses for Lease Extensions and Renewals are hereby attached to and incorporated into the Lease. 6.) All other terms and conditions are in full force and effect. LESSOR: GOVERNMENT: Lease Amendment Form REV(10/20) EXHIBIT "A" ADDITIONAL FAR AND GSAR CLAUSES FOR LEASE EXTENSIONS The following clauses are hereby incorporated into the Lease and replace any prior versions of these clauses contained in the Lease or its attachments: 1) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment(Nov 2021) This clause is incorporated by reference. 2) 52.204-27 Prohibition on a Byte Dance Covered Application (Jun 2023) This clause is incorporated by reference. 3) 52.204-30 Federal Acquisition Supply Chain Security Act Orders - Prohibition (Dec 2023) (a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means— (1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types; (2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); (3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or (4) Hardware, systems, devices, software, or services that include embedded or incidental information technology. FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act(FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d)and (e): (1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2)or(3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security(DNS) FASCSA order. (2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD)and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order. LESSOR: GOVERNMENT: FAR and GSAR Clauses for Lease Extensions(DEC 2023) Pagel (3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order. Intelligence community, as defined by 50 U.S.C. 3003(4), means the following— (1) The Office of the Director of National Intelligence; (2)The Central Intelligence Agency; (3)The National Security Agency; (4)The Defense Intelligence Agency; (5)The National Geospatial-Intelligence Agency; (6)The National Reconnaissance Office; (7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs; (8)The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy; (9)The Bureau of Intelligence and Research of the Department of State; (10)The Office of Intelligence and Analysis of the Department of the Treasury; (11)The Office of Intelligence and Analysis of the Department of Homeland Security; or (12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community. National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency— (1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications(including payroll, finance, logistics, and personnel management applications); or (2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies LESSOR: GOVERNMENT: FAR and GSAR Clauses for Lease Extensions(DEC 2023) Page 2 when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit. Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence. Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information. Source means a non-Federal supplier, or potential supplier, of products or services, at any tier. (b) Prohibition. (1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows: (i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply. (ii) For all other solicitations and contracts DHS FASCSA orders apply. (2) The Contractor shall search for the phrase"FASCSA order" in the System for Award Management (SAM)at https://www,sam.govto locate applicable FASCSA orders identified in paragraph (b)(1). (3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract. (4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract(see FAR 4.2304(c)). However, see paragraph (c) of this clause. (5) (i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following: (A) Name of the product or service provided to the Government; (B) Name of the covered article or source subject to a FASCSA order; (C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier(if known), that supplied or supplies the covered article or the product or service to the Offeror; (D) Brand; (E) Model number(original equipment manufacturer number, manufacturer part number, or wholesaler number); (F) Item description; LESSOR: GOVERNMENT: FAR and GSAR Clauses for Lease Extensions(DEC 2023) Page 3 (G) Reason why the applicable covered article or the product or service is being provided or used; (ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action. (c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause. (2) If the Contractor identifies a new FASCSA order(s)that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s)was provided to the Government or used during contract performance. (3) (i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2)of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. (ii) If a report is required to be submitted to a contracting office under(c)(3)(i)of this clause, the Contractor shall submit the report as follows: (A) If a Department of Defense contracting office, the Contractor shall report to the website at https.Ildihnet.dod.mil. (B) For all other contracting offices, the Contractor shall report to the Contracting Officer. (4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause: (i) Within 3 business days from the date of such identification or notification: (A) Contract number; (B) Order number(s), if applicable; (C) Name of the product or service provided to the Government or used during performance of the contract; (D) Name of the covered article or source subject to a FASCSA order; LESSOR: GOVERNMENT: FAR and GSAR Clauses for Lease Extensions(DEC 2023) Page 4 (E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier(if known), that supplied the covered article or the product or service to the Contractor; (F) Brand; (G) Model number(original equipment manufacturer number, manufacturer part number, or wholesaler number); (H) Item description; and (1) Any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause: (A) Any further available information about mitigation actions undertaken or recommended. (B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order. (d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order. (e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e)and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services. (2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts. 4) 552.270-33 Foreign Ownership and Financing Representation for High-Security Leased Space (Jun 2021) The attached representation is hereby attached to and incorporated into this Lease Amendment. 5) 552.270-34 Access Limitations for High-Security Leased Space (Jun 2021) LESSOR: GOVERNMENT: FAR and GSAR Clauses for Lease Extensions(DEC 2023) Page 5 a)The Lessor, including representatives of the Lessor's property management company responsible for operation and maintenance of the leased space, shall not— (1) Maintain access to the leased space; or (2) Have access to the leased space without prior approval of the authorized Government representative. (b)Access to the leased space or any property or information located within that Space will only be granted by the Government upon determining that such access is consistent with the Government's mission and responsibilities. (c)Written procedures governing access to the leased space in the event of emergencies shall be documented as part of the Government's Occupant Emergency Plan, to be signed by both the Government and the Lessor. 6) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026(Jan 2022) This clause is incorporated by reference. 7) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) This clause is incorporated by reference. LESSOR: GOVERNMENT: FAR and GSAR Clauses for Lease Extensions(DEC 2023) Page 6 CCI A AIM& Corpus Christi International Airport TSA Lease Agreement Extension Council Presentation March 19, 2024 CCI fo Proposed Lease Agreement Corpus Christi International Airport • The Transportation Security Administration (TSA) leases space inside the terminal building. Space includes a training room, break room, restrooms and locker rooms, staff offices, a supervisor's office at the checkpoint, supplies and storage, and spaces for other uses. • This lease amendment is to extend the current lease for additional five-year term. • City Staff recommends approval of the five-year lease extension. CCI Proposed Lease Agreement Corpus Christi International Airport MEN WOMEN 71165.16 CORR. SU 115 CN OiT![E 5,0,0. 10 I�I2 ii 1p1p ELEC. MF'.N I1(4 1?ig First Floor Total Square Feet 3,480 Y 3 CCI Proposed Lease Agreement Corpus Christi International Airport 110fa i FEt a Second Floor Total Square Feet 3,183 4 �vs cr� Gp F AGENDA MEMORANDUM NCNPaRPEO First Reading Ordinance for the City Council Meeting March 19, 2024 1852 Second Reading Ordinance for the City Council Meeting March 26, 2024 DATE: March 19, 2024 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 826-1292 Ordinance authorizing a five-year farm lease agreement with Danysh Farm, Inc. on Airport Property CAPTION: Ordinance authorizing a five-year farm lease agreement with Danysh Farms, Inc. to lease approximately 68.93 acres of farmland at Corpus Christi International Airport, with one three-year renewal option, in consideration for$7,295.56 annually with 3% annual increases. SUMMARY: The proposed farm lease agreement between the City of Corpus Christi and Danysh Farms, Inc. to include 68.93 acres recently purchased by the Corpus Christi International Airport. This agreement is for farming rights for an initial term of five years with one (1) three-year renewal option. The annual rent is $7,295.56. During the initial term of the lease and renewal periods, the annual rent will increase by 3% each year beginning October 1, 2024. BACKGROUND AND FINDINGS: The Corpus Christi International Airport recently purchased 68.93 acres adjacent to airport property as part of the Airport Master Plan. Danysh Farms, Inc. is currently farming on the property and will continue to farm under this new farm lease agreement. The property is located adjacent to the current airport property on the Southwest side of Runway 13-31 , at Kosar Road (CR 34), Corpus Christi, TX 78406. The property is located outside of the Airport Operations Area fence line. The purpose of this lease is to enable Lessee to utilize the Premises for the farming of crops and for no other purpose. The use of the premises shall be limited as specified in the lease. The lease includes terms to allow the City to terminate the lease should a higher use be identified and developed. While there are no immediate plans to use this land for aeronautical or other non-aeronautical purposes, future uses may be developed before the expiration of the lease and it is important to preserve alternative uses should the need arise. ALTERNATIVES: The alternative is to not lease the farmland to the current farmer and forfeit any revenue opportunity until the land is needed for airport use. Staff does not have any immediate use of the land for aeronautical purposes. FISCAL IMPACT: The proposed new lease agreement will provide CCIA with additional rent revenue of $7,295.56 per year. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 —Airport Administration Department: 53 Project # (CIP Only): N/A Account: 320200 RECOMMENDATION: Staff recommend approval of this action item to authorize the farm lease agreement to Danysh Farms, Inc. The Airport Board recommended approval at their regularly scheduled Board meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement and Exhibits Ordinance authorizing a five-year farm lease agreement with Danysh Farms, Inc. to lease approximately 68.93 acres of farmland at Corpus Christi International Airport, with one three-year renewal option, in consideration for $7,295.56 annually with 3% annual increases. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager or designee is authorized to execute a five-year lease agreement with one three-year renewal option with Danysh Farms, Inc. to lease and farm approximately 68.93 acres of farmland located at Corpus Christi International Airport, with one three- year renewal option, in consideration of an annual lease payment of $7,295.56 with 3% annual increases. Introduced and voted on the day of 2024. PASSED and APPROVED on the day of 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary FARM LEASE AGREEMENT WITH DANYSH FARMS, INC. STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This farm lease agreement("Lease") is entered into this by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and Danysh Farms, Inc. ("Lessee"), a Texas for-profit corporation, in consideration of the mutual covenants contained in this Lease. 1. PREMISES. The City leases to Lessee 68.93 acres (the "Premises"), more particularly described as portions of property outside the airport perimeter fence, near adjacent to the central and western edges of the fence and runway 13-31, excluding a 10-foot area along the perimeter fence and Airport Perimeter Road, as shown as Parcel No. 4 in the map referenced as "Exhibit A", which is attached to this Lease and incorporated herein by reference. The Premises is limited to the description provided in and the restrictions shown in "Exhibit B," which is attached to this Lease and incorporated herein by reference. 2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize the Premises for the farming of crops and for no other purpose. The use of the Premises shall be limited as laid out in this Lease and as shown in Exhibit A. The Lessee shall use the Premises in accordance with "Exhibit A," attached to this Lease and incorporated herein by reference. 3. LEASE TERM. The term of this Lease is for five years and commences upon final approval of this Lease by the Corpus Christi City Council and execution of this instrument by the City Manager or his designee ("Effective Date" and "Initial Term"). The Lease may be renewed for one additional three-year term upon agreement of the Parties. The Lease Payment, as defined below, will be adjusted upward by 3% annually on October 1st of each year beginning on October 1, 2024. 4. LEASE PAYMENT. a. Upon Lessee's execution of this Lease and the City Council's approval, Lessee must pay the City an annual lease payment of $7,295.56 which is based on $105.84 per acre x 68.93 acres ("Lease Payment"). Any one-time bonus payment that was included in a bid by Lessee and accepted as consideration for this Lease must also be remitted with the initial Lease Payment. The Lease Payment is due at the beginning of the Lease and thereafter on or before October 1St of each year. b. The Lease Payment must be remitted to: City of Corpus Christi P.O. Box 9257 Corpus Christi, TX 78469-9257 C. Payment of $7,295.56 received from Lessee shall be applied to the first annual lease payment. All succeeding annual lease payments shall be made in accordance with this section herein. Page 1 of 19 d. Lease Payments are not refundable if this Lease is terminated prior to completion of its full five-year term. 5. In the event Lessee holds over beyond the expiration of the term herein provided with the consent, express or implied, of the City, any such holdover is a tenancy at sufferance and such holdover period will only be from month-to-month and subject to the conditions of this Lease. Lessee acknowledges and agrees in advance that any such holdover does not constitute a renewal of this Lease, and any holdover period is subject to Lessee's payment of a monthly rental amount equal to 1/12 of the last annual Lease Payment. 6. ACCEPTANCE OF PREMISES DISCLAIMER. a. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. b. LESSEE ACKNOWLEDGES AND AGREES THAT, UPON LESSEE'S REQUEST PRIOR TO THE EXECUTION OF THIS LEASE, LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS, IF ANY, EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE OF THIS LEASE ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT TO SUCH STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS BUT IS RELYING ON LESSEE'S EXAMINATION OF THE SAME. d. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE AIRPORT OPERATIONS AND RELATED PURPOSES. THIS LEASE AND THE RIGHTS AND PRIVILEGES GRANTED LESSEE IN AND TO THE PREMISES ARE SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, AND EXCEPTIONS OF RECORD OR APPARENT. LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE Page 2 of 19 PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN THIS LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY. e. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 7. USE AND MAINTENANCE. a. Lessee shall use the Premises for agricultural purposes only and cannot make any other use of the Premises without the prior written consent of the City. Lessee shall take good care of the Premises and its appurtenances and suffer no waste. Lessee shall keep the Premises in good repair at Lessee's own expense. Lessee shall observe and obey all applicable federal, state, and local laws, rules, and regulations and all rules set out by the City for the operation of the Premises. At the expiration of this Lease, Lessee shall surrender the Premises in as good condition as the same are now in, natural wear and tear and damage from the elements only accepted. Lessee will not permit any alcoholic beverages on the Premises. Lessee agrees to conduct all of Lessee's operations on the leased premises in a reasonable, efficient and prudent manner. b. In compliance with the Federal Aviation Administration ("FAA") restriction on the types of crops grown on the Airport and pursuant to Section 18 herein, except as provided in Exhibit A, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises. Lessee may not use the Premises for storage of equipment or supplies. C. Without limiting the foregoing, Lessee specifically agrees: i. Chemical Notification. The use of all agricultural chemicals, fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The City's Director of Aviation or designee ("Aviation Director") will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the proximity of the airport and its employees and the public. Under normal circumstances, the notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than five business days prior to use and addressed to: City of Corpus Christi Attn: Director of Aviation 1000 International Drive Corpus Christi, TX 78406 In the event of crop destruction due to midge insects and under an emergency situation only, Lessee will be allowed to, instead, give a 24- hour notice of crop spraying to the Aviation Director by calling (361) 289- 0171. ii. Lessee is prohibited from obstructing, redirecting, damming, or otherwise Page 3 of 19 interfering with stormwater intakes, manholes, pipes, ditches, stormwater retention or detention basins, or pump stations. d. Growth Control. Lessee will prevent the growth of and keep the Premises (including cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the cultivated portion of the Premises free from all sprouts and stumps. 8. REQUIRED MODIFICATION OR AMENDMENT OF LEASE. If the FAA or its successor requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. 9. FEES, TAXES, & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest and Lessee's use and business operations at the Premises, all ad valorem taxes, personal property taxes, licenses, utility fees and charges, and all other fees and taxes required to be paid during this Lease. Lessee shall pay, at its sole cost and expense, all taxes, fees, utilities, and charges on or prior to the due date. Within three business days of approval of this Lease and remittance of the initial Lease Payment, Lessee shall ensure that the water utility account and any electrical account, if electricity is available and connected at the Premises, and all other utility account(s) for the Premises are transferred and/or set up in the Lessee's name and all required deposits paid. Payment by Lessee of all utility charges must be timely paid when such charges become due and are not permitted to become delinquent at any time during the term of the Lease. 10. SUBORDINATION TO U.S. AND FAA REQUIREMENTS. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States 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 9 or under Section 7 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. 11. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the cultivation of the Premises, and these account books must be open to inspection by the Aviation Director upon reasonable demand during the City's normal business hours. 12. INSURANCE. a. Coverages. Lessee must obtain and keep in force during the term of this Lease insurance policy or policies in the amounts and with the types of insurance coverages set out in the attached "Exhibit C," which exhibit is incorporated by Page 4 of 19 reference as if fully set out here in its entirety. b. Failure of Lessee. Failure of Lessee to procure and maintain in force the required insurance coverages constitutes a material breach of the Lease upon which the City may immediately terminate this Lease if Lessee does not furnish proof of the required insurance coverages to the City within 10 days of written notice to Lessee. C. Insurance Coverage Adjustments. The types and amounts of insurance coverage specified in the Lease is subject to adjustment by the City's Risk Manager on the Anniversary Date of the Lease. Notice of any such required adjustment(s) will be provided to Lessee not less than 30 days prior to the Anniversary Date. 13. FINANCING. The City recognizes that Lessee may borrow funds for agricultural purposes, or for other purposes, secured by a first lien security interest in Lessee's leasehold estate in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's leasehold estate, must not be subject to any liens, and any security lien instrument to which Lessee is a party must contain the following language, or other similar language approved in advance by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee created under that certain Lease by and between the City of Corpus Christi and Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi. In the event of any foreclosure by any lender of a lien or liens on the Lessee's leasehold estate in the Premises or Lessee's improvements, if any, such lender or other purchaser at foreclosure, its successors and assigns, will succeed to all rights, privileges, and duties of Lessee including, without limitation, the duty to pay rent." 14. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all damages to any City or franchisee utility lines and equipment located on the Premises caused by Lessee's farming and agricultural operations and must replace all lines or equipment injured or destroyed because of Lessee's farming and agricultural operations. If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to any City equipment located on the Premises, the City's representative will determine the extent of damage and amount of repairs and/or replacement needed to the City Improvements, and, as determined by the City's representative, a City gas, storm, wastewater, or water division crew will be brought in and immediately allowed to make all necessary repairs and/or replacements. An additional fee will be due for the cost of a City inspector for any portion of a day spent inspecting construction, maintenance, repair, replacement, or relocation of said utility lines and equipment pursuant to this paragraph. A franchisee whose franchisee improvements are damaged will follow the same process as set out for damage to City Improvements. All costs incurred by City (including labor and materials) associated with the repairs and/or replacement of the lines and equipment must be paid by Lessee. 15. ASSIGNMENT AND SUBLEASING. Lessee shall not at any time, without the express prior written consent of the City Manager, assign, sublease, or transfer, or permit or participate in any assignment, sublease, or transfer, of this Lease or any of the rights, powers, or privileges granted under this Lease. Consent to an assignment or sublease shall not be unreasonably withheld by City. In the event of an approved assignment or Page 5 of 19 sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees that, notwithstanding any approved assignment or sublease, Lessee shall also remain liable under all terms, conditions, and obligations of the Lease unless released in writing by the City Manager. 16. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and Lessee may not hunt nor allow any other party to hunt on the Premises without the express written consent of the City Manager. 17. SECURITY. a. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. 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 against the City or the Lessee. b. Each of Lessee's employees needing access to a restricted area (must wear a security badge while in any restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. 18. FEDERAL CODE REQUIREMENTS FOR EQUIPMENT USE. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. 19. CONTROL OF STRUCTURES AND EQUIPMENT. 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 15%. 20. 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 Page 6 of 19 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. 21. RIGHT OF OVERFLIGHT. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. 22. HAZARDOUS SUBSTANCES. a. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: i. Asbestos; ii. 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.); iii. 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.); iv. 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.); or v. 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. 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 the Aviation Director as Page 7 of 19 required by law or regulation by verbal report in person or by telephone, to be promptly confirmed in writing. 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 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 Materials Safety Data Sheets ("MSDS") 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 make 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). 23. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 24. COMPLIANCE WITH STATE AND FEDERAL LAWS. The following provisions are in this contract for compliance with state and federal law, and the City does not opine on their validity or enforceability. Lessee shall bear the entire sole burden for complying with any of these clauses. Prior to the enforcement of any of the following clauses, the City will give at least 30 days notice of alleged violation thereof and an opportunity for the Lessee to be heard concerning the alleged violation, effect thereof on the City, and proposed remedial measures: • Lessee warrants that it is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, religion, sex, age, disability, creed, color, or national origin. • Lessee shall provide all services and activities required to comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336 [S.933]. Page 8 of 19 • Lessee agrees to comply with Tex. Gov't Code § 2252.908 and submit Form 1295 to the City with the signed agreement. The Parties agree that the City is not responsible for the information contained in Form 1295. • In accordance with Tex. Gov't Code §2252.909, Lessee must include in each contract for the construction, alteration or repair of an improvement to this leased property a condition that the contractor execute a payment bond that conforms to Subchapter I, Chapter 53, Property Code and a performance bond equal to the amount of the contract and conditioned on the faithful performance of the contractor's work in accordance with the plans, specifications and contract documents. Lessee must provide the City with a notice of commencement at least 90 days prior to start of construction, alteration or repair that complies with Texas Gov't Code § 2252.909. 25. NOTICES. a. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the U.S. Postal Service as certified mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, and sent to the following address: If to City: City of Corpus Christi Attn: Aviation Director 1000 International Drive Corpus Christi, TX 78406 Phone: (361) 826-1292 If to Lessee: Danysh Farms, Inc. Attn: Matt Danysh 2578 County Rd. 36 Robstown, TX 78380 Phone: (361) 946-5200 b. Notice deposited with the U.S. Postal Service in the manner described above will be deemed effective two business days after deposit, postage prepaid. Notice by overnight express delivery service will be deemed effective one business day after delivery to the overnight express carrier, with proof of receipt. C. Either party may notify the other, in the manner described above, of a change of address. Any such change of address must be sent within 10 days of the effective date of the change. 26. INDEMNITY. LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ('7NDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE Page 9 of 19 FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHICH MAYARISE OUT OF OR INANYMANNER BE CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY LESSEE. LESSEE SHALL, AT LESSEE'S OWN COST AND EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITYATTORNEY, PAYALL CHARGES OF ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. 27. DEFAULT AND TERMINATION. a. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease following written notice to Lessee of the default and a reasonable opportunity to cure. Upon the occurrence of any uncured event of default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Once terminated, the City has the right, without further notice to Lessee, to re-enter the Premises and remove all persons therefrom without being deemed guilty in any manner of trespass and also without prejudice to any remedies against Lessee for arrears of rent or breach of covenant. b. In the event that any rent is due and unpaid under the Lease, the City may resume possession of the Premises and relet the same for the remainder of this Lease term at the best rent the City may obtain, for the account of the Lessee, who must pay any resulting deficiency; and the City will have a lien as security upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are located or were placed on the Premises, which lien is cumulative of and in addition to any statutory landlord's lien created by law. C. In the event Lessee has paid the full cash rent at the start of the Lease or any applicable annual Anniversary Date, Lessee shall have the right to harvest any existing crops that have been planted prior to the termination of the Lease. d. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter nor is deemed to be a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. Page 10 of 19 28. REMOVAL OF PERSONAL PROPERTY. It is Lessee's responsibility to remove its personal property of every kind and type from the Premises prior to termination or expiration of the Lease. Lessee agrees that any personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes the City's property without any further notice, action, or process of law for disposition by the City as the City deems appropriate in the City Manager's sole discretion, without compensation to Lessee. Lessee shall also be invoiced for the City's costs to remove Lessee's personal property from the Premises after termination or expiration of the Lease, and Lessee shall pay the invoice within 30 days of receipt. 29. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee covenants and agrees that, upon expiration or any earlier termination of this Lease, however caused, Lessee shall quit and surrender the Premises and perform all repairs reasonably necessary to restore the Premises to the same condition it was in at the time this Lease was entered into, reasonable wear and tear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. 30. RIGHTS OF THE CITY. a. The City reserves the right to sell, use, or lease for a governmental or public use different from the present use all or any part of the Premises at any time during the term of this Lease. Should the Premises be sold, used, or leased before expiration of this Lease and the purchaser or lessee is not willing to take the property subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within 30 days following receipt of the notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, then, the City will pay Lessee, for the Premises or portion thereof vacated, the following amounts, to-wit: a proportionate share of the then-applicable annual Lease Payment paid, which share is determined by dividing (i) the number of days of the term remaining after vacation by Lessee by (ii) the total number of days in the term, and multiplying the resulting percentage by the annual Lease Payment amount paid by Lessee. b. The City reserves and excepts from this Lease those easements reasonably necessary for the purpose of assigning, exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals and oil and gas in the Premises to the extent such easements are implied under Texas common law to allow access to severed estates. C. City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. d. It is understood and agreed by Lessee that the City retains sole authority to negotiate settlement of any and all claims for damage by reason of activities in connection with the operation, development, and exploration for oil, gas, and other Page 11 of 19 minerals on the Premises. Lessee shall promptly notify the City of any and all damages to the Premises and/or crops growing thereon that may be occasioned by operation, development, or exploration for oil, gas, or other minerals, or that may be occasioned by any other activity during the Lease term, which Lessee observes, learns of, or has reason to be made aware of any such damage. e. The City, by and through its officials, officers, employees, and agents, has the right at all times during the Lease term to ingress and egress to the Premises for the purpose of conducting any business incident to the activities of the City and for purposes of inspection, repair, fire or police action, and enforcement of the terms of this Lease, and includes the regular and necessary operation of vehicles and equipment on the shared roadways bisecting and crossing the Premises. 31. CONDEMNATION. If the whole or a substantial part of the Premises are taken or condemned by the City, or any entity with legal authority to exercise eminent domain rights, for any public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date when possession of the part or whole so taken or condemned is required for such use or purpose. If less than a substantial part of the Premises are taken or condemned by the City and, as a result thereof, Lessee believes the ability to continue the purpose of this Lease has been eliminated, the question of a possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to the City for consideration. 32. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Lease contract. Lessee agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease contract. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Lessee also 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, as Lessee, 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. 33. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign lease agreements on behalf of each respective party. 34. 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 Page 12 of 19 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. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. d. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. 35. RELATIONSHIP OF THE PARTIES. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. 36. 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 reserves the right to conduct or provide for testing and removal of any such City- owned water, gas, oil, or minerals from the Premises. b. No Waiver of Forfeiture. 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 hereunder does not waive City's or Lessee's right thereafter to declare a forfeiture for like or other or succeeding breach or default. 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 Page 13 of 19 ("Minimum Standards") and rules and regulations ("Rules and Regulations"), 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 herein by reference. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and 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. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. f. No Third-Party Benefit. No provision of this Lease creates a third party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. g. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and taxes including, but not limited to, all 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, and 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 must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. 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, sealed fireproof 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. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. 37. SEVERABILITY. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the Page 14 of 19 application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal,valid, and enforceable, will be added to this Lease automatically. 38. BINDING AGREEMENT. It is mutually understood and agreed that the covenants, conditions, and provisions contained in this Lease to be performed by the respective parties are binding on the parties and their respective successors, assigns, and heirs. 39. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. Signatures on next page. Page 15 of 19 IN WITNESS WHEREOF,the undersigned have duly executed this Lease as of the dates Set forth below. LESSOR: LESSEE: CITY OF CORPUS CHRISTI DANYSH FA S,INC. d� Heather Hulbert,Assistant City Manager Matt Danysh.President s1arlag Date Date r ATTEST: Rebecca Huerta,City Secretary Date Approved as to legal form: Assistant CRy Attorney, For Miles Risley,City Attorney Exhibits: Exhibit A-Map of Premises Exhibit B-Survey of Property Exhibit C-Insurance Requirements Page 16 of 19 3 ® , yAI"A ILI �� a — I Black 23 Black 22 Block 21 Blocr424 Parcel 1 I . 1 s Parce12 1 1 Parcell, 1 - 4 A. l Parcels l y V Parcel » F �n lr 1 �Dck6� Block 7 Parcel 14-A - itt Parcel I Parcel l 15-B 1 15-A Parcel-14-C-D I Parcel 15-C Parcel Parce18-D-1 Tract 5 Parcel Parcel8-C Parcel Parcel _. 16-B T -- _ _ SDurcrv'.Aryan Ls 2�lentl TAle Survy lry llNan Er�gn � I:EP 13&PLTP A�/r—TITLE—EV L.I.211124 EXHIBIT 1 Prepared by: Randy Schumann DANYSH FARMS INC. PARCEL 4 Approved by: Kim Miller NottoScale Sheet No.I of 1 Date: 02/09/2024 �1�NaEo xW°m . W�v'w' EFTW •,••••••• mcP�Erc�r moxm�v. \nn\�� E<�A �v+,g cerEoamm,xmm axssaW �� N01°RO'00'W 3.]M.51U.£A611RE01x \\\ swww. - 01 R wa.m vownumrww ,u zzs.r e�a ,F- s- G Lill. l xff 4pasod s#o oa x r x �� _i ------------- 9 s.sov.,voeo.ocraemsv.xm nr aaom - �,�®.� oo xxcr. I / LEGEND xyenamenarnxssourxw�rwEn nasrexcEaxsssarar v�«a".mm.....®. .m ..,., w,..�,. �..,. "•••• �.�•� �",sy.,„."p._.. �.�•'••6�'"�•.•�` ©wsvxv� __R. '=3YA'roi.,F°"o.xExoremv,EsrcorexaorrxExEwx�wrefforreolr 'xxo.u9x`xoocm �=x� ""`°`",b^"""�'�"^'®. tl_ ALTA/ACSNI LAND TITLE SURVEY OF A CALLED 68.93 ACRE _ (3,002,455 sq.ft.)TRACT OF LAND ca coxxwff xxExEwx ffsmffxrxwr x �°•.m••m`", umm,o-ae,e.n.,a�.e��ac, ..._,,.�d.e._ CORPUS CHRISTITEXAS �p Ec.x,ae...xxti�xxo.x,xEbx,x..sT mnnenmm wxa.ama,n..,.e� ...a TEAKER NIIITK 1--2W PAGE N CCII EXHIBIT B Prepared by: Randy Schumann DANYSH FARMS INC. PARCEL 4 SURVEY ``, E � - Approved by: Kim Miller Corpus Christi s International Airport Not to Scale Sheet No.1 of 1 Date: O2ID912O24 EXHIBIT C INSURANCE 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 Including: $1,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in 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-V11. 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. 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. 2024 Insurance Requirements Ins. Req. Exhibit 5-A Leases of City Property — Leases of City Real Property 01/01/2024 Risk Management — Legal Dept. ATTACHMENT D:DISCLOSURE OF INTEREST FORM } CITY OF CORPUS R9S `� DISCLOSURE OF INTEREST 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: yy s ' Tn[_ P.O.BOX: STREET ADDRESS: rt ! .f-'2(1 CITY: `p ks x,, STATE: /` ZIP: -7 09 RRM IS: I. Corpora{ion 2.Partnership e 3Sale Owner ❑ 4. Assodat"son 5-Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1.State the names of each"employee"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership In the above named"firm." Name Job Title and City Department(if known) State the names of eacho i" cia of the i y o Corpus ns i avmg an owners Ip interest"constituting 3%or more of the ownership in the above named"firm." Name Take N 3.S a e the names of each "board member' o e City a arpus hr-sT ving an "ownership interest"constituting 3%or more at the ownership in the above named"firm." Name Board,Commission or Committee 4.State t e names of eac employee or officer o a consultanit or he City o afpu5 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 Page I of 9, RFD Revised 4.19.20i9 FILING REQUIREMENTS It 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 officol or employee in the matter is apparent. The disclosure must also be mode 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 have not knowingly withheld disclosure of any information requested:end which supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: FVlv9-} title: Pf esieA e.4J-!` Signature of Certifying Person:1>� Date: a 2i 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 it it is likely to have on 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 whefher established to produce or deal with a product or service, including but not Ilmited to,entities operated in the farm 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,membersot the City Council.City Manager,Deputy City Manager. Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Chris3i,Texas. f. "Ownership Interest."Legal or equitable interest,whether actually or aonstrucfively held,in a firm,including when such interest is held through an agent.trust,estafe,or holding entity. "Construct vely held"refers to holdings or control established through voting trusts,proxies, or special terms of venture or partnership agreements. g. "Consu€iant"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 Rl Revised 4.19.2019 CCI A w Corpus Christi International Airport Danysh Farms, Inc. Lease Agreement Council Presentation March 19, 2024 CCI Proposed Lease Agreement Corpus Christi International Airport • The proposed farm lease with Danysh Farms, Inc. includes 68.93 acres recently purchased by the Corpus Christi International Airport. • The lease agreement is for a five-year term with one (1) three-year renewal option and annual rent of $7,295.56. • The lease payment will be adjusted upward by 3% annually on October 1st of each year beginning on October 1, 2024. • City Staff recommends approval of the five-year lease agreement. • The Airport Board recommended approval of the lease agreement at their regular scheduled meeting. `O�pUS CyRJ' 0 �^ Proposed Lease Corpus Christi J �• International Airport �852 LEGEND l l K '�►� � ice- l ; Parcel 14-A /I Pw Parcel 1i Parcel T 15b 31SA � Parce119C-D �Z - Parcel t6C Parce18 Peree18-0-1 Acres Parce�8-A PerglBC Pml6-B T�6 Parcel - 16 B r• SC �o o� � AGENDA MEMORANDUM N-ORPOftAY E Public Hearing and First Reading for the City Council Meeting of Feb. 27,2024 is 52 Second Reading for the City Council Meeting of March 19, 2024 DATE: February 2, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 6202 Yorktown Boulevard CAPTION: Zoning Case No. 0124-05, Corpus Christi Corridor LLC (District 5). Ordinance rezoning a property at or near 6202 Yorktown Boulevard from the "CN-1" Neighborhood Commercial 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). SUMMARY: This item is to rezone the property to allow for a bar/tavern use. BACKGROUND AND FINDINGS: The subject property, approximately 2.7 acres in size, was rezoned from the "RM-1" Multifamily Residential District to the "CN-1" Neighborhood Commercial District in 2019 (Ordinance No. 031857) to allow a business center. The property was developed into a single-story, neighborhood business center with a multi-tenant building including boutiques, restaurants, and office uses at the western half. The 1 .5-acre eastern half of the property is currently vacant and undeveloped. The "CG-2" General Commercial District permits restaurants, apartments, townhomes, and overnight accommodation uses, educational facilities, medical facilities, commercial parking offices, retail sales and service, and bar/taverns. The proposed rezoning is consistent with the many broader elements of the Comprehensive Plan (Plan CC) and the FLUM's (Future Land Use Map) designation of commercial; therefore, will not warrant an amendment to the FLUM. Public Input Process Number of Notices Mailed: 36 notices were mailed within the 200-foot notification area, and 6 outside the notification area. As of February 23, 2024: 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: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommend approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District on January 10, 2024. Vote Results For: 6 Against: 0 Absent: 2 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0124-05, Corpus Christi Corridor, LLC (District 5). Ordinance rezoning a property at or near 6202 Yorktown Boulevard from the "CN-1" Neighborhood Commercial District to the "CG-2" General 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 Lots 1 and 2, Block 2, Kings Point Unit 2, as shown in Exhibit A, from: the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The subject property is located at or near 6202 Yorktown Boulevard. 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 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 , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 Exhibit A CN- 1PUF sr L RS-6 ff J e, SUBJECT �. PROPERTY ,/ CAN, �1 �QR N8�L0 C N- 1 , CG 2 It CASE: 0124-05 v SUBJECT PROPERTY WITH ZONING w` ® 4 Subject Property A-1 APArtmrA House D­Property LmrRW lndusbul DrsysG - � A-,A A_a House 0— I-2 L,M Ir.qusgi,-d Drs 1 a� A 2 Apsrimerd Reuse D—t 1-3 R—Inp.--Di.— ,-- Ae ProlessmaV O Disci 4 FUD RenneU Unit DerHnym AT Apxtm ,T_ur Drsbsct R-PA Dee Family Dxellirp Drslnd D-t NegnMrti Dusrsess Drs R-TO One Famiy Da ,N Dr D-tA NegnMrtiaotl Hesmess D.— R-I C One Family O I,N D— R-2 Oayl ,Busrs�ss D_ R-2 Muk,f D llm Di /- - R-2A gamer I—®..doses Disco RA One Family D .N Dntncs R-D RWs,n Dlsercl RE ResA -F.Drsbic[ SUBJECT &-1 01-1 Dueness Disesc[ R-TN T Muse Da ,rq Dabrel PROPERTY D 5 Pnmary Business D_ SP Spe Parma —_ " Pnmary Dueness Corn Dms T-SA Tr Teal Purl Dismut RO Cnrpus Chow R,a De DSL TIR Manrdamnsa Home Part Diseie Cty i of ESfI,HERE FJ Far Runl0— T, MmnA—reA NmffiSun6N COyJJ US itorV69 1VlAP HC Lau k Drs Cl'Y riff I Praseryapon Page 3 of 3 Zoning Case No. 0124-05, Corpus Christi Corridor, LLC (District 5). Ordinance rezoning a property at or near 6202 Yorktown Boulevard from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial 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 Lots 1 and 2, Block 2, Kings Point Unit 2, as shown in Exhibit A, from: the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The subject property is located at or near 6202 Yorktown Boulevard. Exhibit A, a map, is attached to and incorporated in this ordinance. This Special Permit granted in this Section of this ordinance is subject to the following conditions: 1. Use: The only use allowed other than uses allowed in the base zoning district is a bar/tavern. 2. Buffer Yard: A 40-foot buffer is required between the residential lots to the north of the property and any proposed structures. 3. Screening: An 8-foot masonry fence must be erected abutting single-family residential uses. 4. Noise Generators: Dumpster service may only occur between the hours of 8 am-5 pm 5. Time Limit: This special permit will expire within 12 months if a building permit is not submitted or if the use allowed in this permit is discontinued for more than 6 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 , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 Exhibit A CN- 1PUF sr L RS-6 ff J e, SUBJECT �. PROPERTY ,/ CAN, �1 �QR N8�L0 C N- 1 , CG 2 It CASE: 0124-05 v SUBJECT PROPERTY WITH ZONING w` ® 4 Subject Property A-1 APArtmrA House D­Property LmrRW lndusbul DrsysG - � A-,A A_a House 0— I-2 L,M Ir.qusgi,-d Drs 1 a� A 2 Apsrimerd Reuse D—t 1-3 R—Inp.--Di.— ,-- Ae ProlessmaV O Disci 4 FUD RenneU Unit DerHnym AT Apxtm ,T_ur Drsbsct R-PA Dee Family Dxellirp Drslnd D-t NegnMrti Dusrsess Drs R-TO One Famiy Da ,N Dr D-tA NegnMrtiaotl Hesmess D.— R-I C One Family O I,N D— R-2 Oayl ,Busrs�ss D_ R-2 Muk,f D llm Di /- - R-2A gamer I—®..doses Disco RA One Family D .N Dntncs R-D RWs,n Dlsercl RE ResA -F.Drsbic[ SUBJECT &-1 01-1 Dueness Disesc[ R-TN T Muse Da ,rq Dabrel PROPERTY D 5 Pnmary Business D_ SP Spe Parma —_ " Pnmary Dueness Corn Dms T-SA Tr Teal Purl Dismut RO Cnrpus Chow R,a De DSL TIR Manrdamnsa Home Part Diseie Cty i of ESfI,HERE FJ Far Runl0— T, MmnA—reA NmffiSun6N COyJJ US itorV69 1VlAP HC Lau k Drs Cl'Y riff I Praseryapon Page 3 of 3 ZONING REPORT Case # 0124-05 Applicant & Subject Property City Council District: 5 Owner: Corpus Christi Corridor LLC Applicant: Golden Real Estate & Construction Consulting Address: 6202 Yorktown Boulevard, located along the north side of Yorktown Boulevard, east of Staples Street, and west of Cimarron Boulevard. Legal Description: Lots 1 and 2, Block 2, Kings Point Unit 2 Acreage of Subject Property: 2.7 acres Pre-Submission Meeting: November 10, 2023 Zoning Request From: "CN-1" Neighborhood Commercial District To: "CG-2" General Commercial District Purpose of Request: To allow for a bar/tavern use. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CN-1" Neighborhood Commercial Commercial Commercial North "RS-6" Single-Family 6 Low-Density Residential Medium-Density Residential South East "CN-1" Neighborhood Vacant Commercial Commercial West "RS-6" Single-Family 6 Low-Density Residential Plat Status: The subject property is platted (Volume 69, Page 374-375). Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not located within a MCAOD. Code Violations: There are no violations. Transportation and Circulation Designation Section Proposed Section Existing Yorktown Boulevard "A3" Primary —Arterial 6 Lanes, 4 Lanes, Divided 130 feet 100 feet, Divided Transit: The Corpus Christi RTA provides service to the subject property via Route 24 Airline/Yorktown Connector. Bicycle Mobility Plan: The subject property is approximately '/4 mile to 1-Way Cycle Tracks (Both sides) on both Loire Boulevard and Cimarron Boulevard. Utilities Gas: An 8" WS line along the along Yorktown Boulevard. Stormwater: A 72" SBC along Yorktown Boulevard. Wastewater: An 18" PVC line along Yorktown Boulevard. Water: An 8" PVC line along Yorktown Boulevard. 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 Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: A 12" line along Yorktown Boulevard is proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 36 within a 200-foot notification area 6 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 owners) Public Hearing Schedule Planning Commission Hearing Date: January 10, 2024 City Council 1st Reading/Public Hearing Date: February 27, 2024 City Council 2►,d Reading Date: March 19, 2024 Background: The subject property, approximately 2.7 acres in size, was rezoned from the "RM-1" Multifamily Residential District to the "CN-1" Neighborhood Commercial District in 2019 (Ordinance No. 031857) to allow a business center. The property was developed into a single-story, neighborhood business center with a multi-tenant building including boutiques, restaurants, and office uses at the western half. The 1 .5-acre eastern half of the property is currently vacant and undeveloped. The "CG-2" General Commercial District permits restaurants, apartments, townhomes, and overnight accommodation uses, educational facilities, medical facilities, commercial parking offices, retail sales and service, and bar/taverns. Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design ■ Encourage orderly growth of new residential, commercial, and industrial areas. Zoning Report Page 3 ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on computability, locational needs, and characteristics of each. ■ Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise, and visual blight on surrounding areas. ■ Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. ■ Screening fences, open space, or landscaping can provide an essential buffer between shopping and residential areas. o Future Land Use Map (FLUM): The proposed rezoning is consistent with the FLUM's designation of commercial. 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 proposed rezoning is consistent with many broader elements of the Comprehensive Plan (Plan CC) and the FLUM's (Future Land Use Map) designation of commercial; therefore, will not warrant an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning will not have a negative impact on the surrounding neighborhood regarding noise. • Staff has concluded that the adjacent neighborhoods would be better served by the "CG-2" General Commercial District that fronts Yorktown Boulevard than the "CN-1" Neighborhood Commercial District to increase the marketability of uses within the existing and proposed shopping centers. • The nature of the Yorktown corridor from South Staples to Cimarron Boulevard, approximately 1 mile in length, is developing as commercial in nature. • A Type C Buffer Yard will be required consisting of a minimum 15-foot-wide buffer yard plus at least 15 points as defined in Section 4.9.5. A. of the Unified Development Code. (UDC). Planning Commission and Staff Recommendation (January 10, 2024): 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, Planning Commission and Staff recommend approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. Attachment: Existing Zoning and Notice Area Map. ATTACHMENT A: EXISTING ZONING AND NOTICE AREA C N- 9 33 32 L 31 ' 30 l RS- & 23 22 29 21 28 20 27 19ckST 26 18 25 17 24 2 16 15 12 14 S UB:aEC/T 13 PROPERTY 1 i C N 1 35 1 3 10 9 8 36 7 YpRkTp�� s C N.- 1 6 5 4 �p��Fs 3 T CG- 2 l CASE: 0 1 24-05 Zoning and notice Area a !� > RM-1 Multifamily 1 IL Light Industrial r RM-2 Multifamily 2 IH Heavy lndustnal RM-3 Multifamily 3 PUS Planned Unit rev Overlay t'wyrz s` ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family6 f CN-1 Neighborhood Commercial RS-4,5 Single-Family 4.5 - CN-2 Ne ighborhood Commercial RS-TF Two-Family CR-1 Re sort Commercial RS-15 Single-Family 15 - CR-2 Res on Commercial RE Residential Estate CG-1 General Commercial RS.TH Townhouse CG.2 General Commercial SF Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR.3 Resort Commercial FIR Farm Rural H Historic overlay SUBJECT SP Susiness Park PROPERTY ^�:i.-"200'butier �/in favw — — 4 ers- thi,200'fisted oo C__ C I l y o t I i E F:E �^ hipt� Xincppoetiorr Cor]Aus LOCATlOM MAP Christi 1 - - Zoning Case 0124-05 Corpus Christi Corridor LLC A . DISTRICT 5 Rezoning for a property at Ap6202 Yorktown Boulevard From "CN-1" to "CG-2" 1 r - Y SUBJECT PROPERTY { - - City of Esri,HERE j . w C'ugws LOCATION MAP; --__--- City Council February ,27 2024 1 Zoning and Land Use GJ� CN•1 c Proposed Use: s-6 Expanded Commercial Uses to include Bar/Tavern. 0 Area Development Plan: ® Southside (Adopted on March 17, 2020) SUBJECT Future Land Use Map: \ PROPER TaaYhhnn ° Commercial Ord.031857 Existing Zoning: 0 0 09/05/19 "CN-1" Neighborhood Commercial � r CN-1 Adjacent Land Uses: • North: Medium-Density Residential, Zoned "RS-6" �® • South: Medium-Density Residential, Zoned "RS-6" • East: Commercial, Zoned "CN-1" C • West: Vacant, Zoned "RS-6" G-2 2 Public Notification 36 Notices mailed inside the 200' buffer CN-1 6 Notices mailed outside the 200' buffer 3 F� 31 R S-6 23 30 22 29 21 2 Notification Area 2° 19 SrA�"S2r 2 IB 2 17 2 F 2 16 fi Q Opposed: 0 (0.00%) 'S 1413 1 Separate Opposed Owners. 0 e e©e o 11 C 1 j�,; 35 1 10 n Favor: 0 (0.00%) 9 r�R�T 36 7 OSv"6 �O C 1 6 5 Note: Notified property owner's land in square feet 9 divided by the footage of all property in the notification <oL 3 area equals the percentage of public opposition. Sr CG,_Y 3 Commercial Nature of Yorktown Boulevard "° Ord.018506 • 10/08/84 ,_ � _. � .°.. ka,., s�xo i / .a� Ord.031284 / 10/30/17 /04 0rd.025999 /..� 10/18/04 `;47;` q •I Ord.031498 Nc\N T\ OS/13/18 Ord.025278' . , _ : 04/28/03 G000 / NG O 05/19 9 \ 12, ,,....., _ .°�....,.x,.., o r:'sp Ord'026733' 04/10/06 4 Buffering Incompatible Uses UDC §7.3.10 Requirements for Buffering Incompatible Uses • For commercial uses adjacent to a parcel zoned for or occupied by residential uses, construction of a solid screening fence 6 feet in height is required. 1 View facing the front of UDC §7.9.8 View facing the front subject property- Use of Walls Within Required Zoning District Buffer /�- of subject property- undeveloped west Yard (Noise Generators) developed east parcel parcel • For a dumpster or loading zone located adjacent to a single-family district, a minimum 7-foot wall shall be required. • For visual continuity, the height, materials, and appearance of a wall or fence, must match the existing wall or fence located along the same block face and/or sides. UDC §7.9.5 Required Zoning District Buffer Yard (New View facing the a Zoomed-in view facing 4 Development) CG to RS: western boundary of the western boundary " Type C Buffer Yard will be required consisting of a the subject property of the subject property minimum 15-foot-wide buffer yard and 15 points. - 15 points is accomplished by an 8-foot solid masonry wall 5 Staff Analysis And Recommendation • The proposed rezoning is consistent with many broader elements of the Comprehensive Plan (Plan CC) and the FLUM's (Future Land Use Map) designation of commercial; therefore, will not warrant an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning will not have a negative impact on the surrounding neighborhood regarding noise. • The marketability of the subject property would be increased with the "CG-2" General Commercial District that fronts Yorktown Boulevard rather than the "CN-1" Neighborhood Commercial District. • A Type C Buffer Yard will be required consisting of a minimum 15-foot-wide buffer yard plus at least 15 points abutting the "RS-6" Single-Family 6 District to the north of the subject property, as defined in Section 4.9.5. A. of the Unified Development Code. (UDC). PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the rezoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. .�vs cr� 0 o� � U AGENDA MEMORANDUM NCOBPOHAZ4 Public Hearing and First Reading for the City Council Meeting of March 19, 2024 1852 Second Reading for the City Council Meeting of March 26, 2024 DATE: March 19, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 922 W Lakeside Drive CAPTION: Zoning Case No. 0124-06 (ZN8171), Sunriser Park LLC (District 4). Ordinance rezoning a property at or near 922 W. Lakeside Drive from the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit to the "RM-2" Multi-Family District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) SUMMARY: This item is to rezone the property to allow a multi-family development. BACKGROUND AND FINDINGS: The subject property, with a 1 .53 acreage, is within the Flour Bluff area, north of NAS (Naval Air Station) Drive and South Padre Island Drive (SH-358), and west of Waldron Road and NAS Drive. The site formerly hosted a non-conforming use (manufactured home park) with a 5-unit multi-family structure remaining at the northeast corner of the site. Approximately 0.6 mile north, is the southern boundary of the nearly 2,067-acre TRUAXX naval field. The site is within the MCAOD (Military Area Compatibility Overlay District) of the TRUAXX base, outside any of its CZ (Clear Zone), APZ (Accident Potential Zone) I and II zones; however, within its light and vertical obstruction safety subzones. The subject property is surrounded by vacant properties to the north, west, and south. To the east of W. Lakeside Drive and the subject parcel, are "CG-1" General Commercial zoned properties that are vacant inner-block, with commercial uses, along NAS Drive. The properties to the north, abutting the northern and western boundaries of the site, are zoned "CG-1" and "RS-6" Single-Family 6, and are vacant. South of the property, along NAS Drive Westbound, is also a vacant parcel zoned "CG-1." Although not immediately adjacent to the subject property, the "RS-6" District north of the subject parcel, contains several small enclaves of non-conforming uses; including a self-storage facility, and multi-family uses. The applicant is requesting an amendment to the existing zoning district to accommodate a multi-family development targeting the senior population; for seniors; expanding the existing 5-unit apartments into a total of 35, with 30 new units out of steel shipping containers. The proposed development will offer affordable housing to senior citizens on fixed income with options for veterans in the Flour Bluff community. The applicant revealed that similar communities in their portfolio are characterized by a large group of their residents having little to no vehicular access; relying on bicycles, public transportation, or ride shares. The development will also include support and recreational facilities. The "RM-2" Multifamily zoning district provides a variety of housing types. Housing types may take the form of single-family detached, zero lot line, traditional semi- attached, two-family, townhouse or apartment units. These zoning districts are used in areas having convenient access to collector and arterial streets, and nearby civic and commercial uses, as well as employment opportunities. Apart from the variety of housing types permitted, group homes, educational facilities, parks and open areas, and places of worship are also permitted. The proposed rezoning is consistent with many elements and goals of Plan CC (City of Corpus Christi Comprehensive Plan); however, it is inconsistent with the FLUM's (Future Land Use Map) designation of Transition Aviation Special District, warranting an amendment to the FLUM. Public Input Process Number of Notices Mailed: 14 notices were mailed within the 200-foot notification area, and 2 outside the notification area. As of March 15, 2024: 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: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommend approval of the change of zoning from the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit to the "RM-2" Multi-Family District on January 24, 2024. Vote Results For: 8 Against: 0 Absent: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0124-06 (ZN8171), Sunriser Park LLC (District 4). Ordinance rezoning a property at or near 922 W. Lakeside Drive from the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit to the "RM-2" Multi-Family 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 1.528 Acres Out of Lots 8, 9, 10, and 26 Feet of Lot 11, Block C, Flour Bluff Estates, as described in Exhibit A, and shown in Exhibit B, from: the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit to the "RM-2" Multi-Family District. The subject property is located at or near 922 W Lakeside Drive. Exhibit A, a metes and bounds description, and Exhibit B, a map, are 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 conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. 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 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 5 Exhibit A MEDINA ENGINEERING & SURVEYTNG Victor S.Medina,RPLS 4531 Ayers Street,Suite 225 Phone: (361)877-1255 Corpus Christi,Texas 78415 Fax: (361)993-2955 August 11,2022 Job No.220980 FIEEDNOTE DESCRIPTION of a 1.528 acre tract or land being Lots 8,9,10 and the south 26.00 feet of Lot 11,Block"C"of Flour Bluff Estates,being an addition to Corpus Christi, Nueces County,Texas,as shown on map recorded in Volume 8,Pages 1 and 2,Map Records of Nueces County,Texas,said 1.528 acre tract being the same tract of land as described in deed recorded in Document No.2001031811,Official Records of Nueces County,Texas,and said 1.528 acre tract being more particularly described as follows: BEGINNING at a 518"steel rod found for the southeast comer of this tract,same point being in the west right-of-way line of West Lakeside Drive,and same point being at the southerly northeast corner of Lot 2,Henderson Tract,being an addition to Corpus Christi,Nueces County, Texas.as shown on map recorded in Volume 49.Page 94,Map Records of Nueces County, Texas: THENCE,N 60°58'00"W,along the south line line of this tract.,same being the south line of said Lot 8,and same being the southerly north line of said Lot 2,a distance of 199.08 feet to a S/8"steel rod for the southwest comer of this tract,same point being the southwest corner orsaid Lot 8,and same point being at an interior corner of said Lot 2; THENCE N 29-02'00"E,along the west line of this tract,same being the west line of said Lots, 8,9,10 and 11,and same being the northerly east line of said Lot 2,at 248.37 feet pass tho common corner of Lots I and 2.of said Henderson Tract,and continue for a total distance of 326.00 feet to a 518"steel rod found for the northwest comer of this tract; THENCE S 60°58'00"E,along the north line of this tract,a distance of 211.7;feet to a 518" steel rod round for the northeast comer of this tract,some paint being in the west right-of-way line of said West Lakeside Drive.and same point being on a curve to the left,having a radius of 6,868.14 feet,and a chord hearing and distance of S 3 M 5'07"W,326.24 feet; THENCE in a southerly direction along said curve to the left,and with the west right-of-way line of said West Lakeside Drive.an arc distance of 326.28 feet to the POINT OF BEGINNING. CONTAINING 1.528 acres. Note: Bearings are based on deed recorded in Document No.20DI031811,Official Records of Nueces County,Texas. OF Victor S.Medina,RPLS yti?G1sTfR� License No.3419 .....1R S ME...... '•'�J419.Tv'' tqy FSStda;�I)� Page 3 of 5 ul r� FwFy„ ffl °0 LL. z F sO2IN o @g fig d Q � oe Cg ,IL'Ili .00AS.09S t O } � J ` Mpco Z I r4 Ol f oo \ a AO'd61 M.00 AS.09 N z � Page 4 of 5 Exhibit B �FkTR�©F ST 2 3 1 L >'9 O 11 4 �e 5 RS-6 3 6 $ 14 SUBJECT R� -s PROPERTY 12 9 O w� 10 C-G�1 C G-9 �ypVA4 PYRSSA���N pR S PADRE ISLAND DR NAS ENTRANCE RAMP RAMP Py�x CASE. 0124-06 Zoning and notice Area ce�P..ahlmin W* Heal•Y rar 5 RM-1 Mult1fa m ilyi IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM3 Multifamily 3 PUO Planned Unit oev.Overlay ON Professional Orfice RS-10 Slagle-Femity 10 RM.AT Multifamily AT IRS Slegls-FamHy6 CNA Neighborhood Commercial RSd.S Single-Family 4.S CN-2 Nelghhorhoed Commercial RE-TF Twe-Family CR-1 Resort Commercial RS-15 5lugle-Family 1E CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhoase Cfi-2 General Commercial SP Special Permit CI Im-alve Commercial RV Recreational Vehicle Park CBI) D.,mt. nCommercial RMH Manufactured Home CR-3 Resort Commercial �� FR Farm Rural H Ir tade G,eflay SUBJECT 6P BusineeePzrk ad PROPERTY SLM 20 Properfv a,�,�rs p wRh 20-bather O in fever C it of Esri,HERE p. 4 0wrrers v Rh;n 20d'Nsfed rn \/ Owners � 'w,. altacfrad b.rte,5nyr table ,n oastpa Cony eq gar LOCATION MAP. Ctrrinti '� Page 5 of 5 ZONING REPORT Case 0124-06 (ZN8171) Applicant & Subject Property District: 4 Owner: Sunriser, Park LLC. Applicant: Sunriser, Park LLC. Address: 922 W. Lakeside Drive, located along the west side of W. Lakeside Drive, north of NAS (Naval Air Station) Drive and South Padre Island Drive (SH-358), south of Claride Street and Matlock Street, east of Stone Street, and west of Waldron Road. Legal Description: 1.53 Acres Out of Lots 8, 9, 10, and 26 Feet of Lot 11, Block C, Flour Bluff Estates. Acreage of Subject Property: 1 .53 in acreage. Pre-Submission Meeting: December 7, 2023 Zoning Request From: "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Perm it To: "RM-2" Multi-Family District Purpose of Request: To allow a multi-family development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use "RS-6" Single-Family 6 Site "RS-6/SP" Single-Family 6 Mobile Home Transition Aviation Special with a Special Permit District North "CG-1" General Commercial, Vacant Transition Aviation Special 'RS-6" Single-Family 6 District Vacant, Transition Aviation Special South "CG-1" General Commercial ROW(W. Lakeside Dr), District, Commercial Transportation ROW(W. Lakeside Dr), Transportation, East "CG-1" General Commercial Vacant, Transition Aviation Special Commercial District West "CG-1" General Commercial Vacant Transition Aviation Special District Plat Status: The subject property is not platted. A rezoning must precede a building permit and land subdivision request for the proposed development. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is within the MCAOD of the TRUAXX Field; particularly its Light and Vertical Obstruction safety subzones. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing W. Lakeside Drive "Local' Residential 1 Lane & Parking, 1 Lane & Parking, 50 feet 50 feet Transit: The Corpus Christi RTA provides service to the subject property via Routes 3 NAS Shuttle, 4 Flour Bluff, and 29 Staples, with stops near Stone Street and NAS (Naval Air Station) Drive Westbound, north of the site; and a 3 NAS Shuttle stop near Waldron Road, Webb Street, and NAS Drive Eastbound. Bicycle Mobility Plan: The subject property is approximately 590 feet away from a proposed bike boulevard along Matlock Street, Military Drive, and Jester Street, north of the subject parcel. Utilities Gas: 2-inch WS line exists along the west side of W. Lakeside Drive. Stormwater: None exists. Wastewater: An 8-inch VCP line exists along the west side of W. Lakeside Drive. Water: An 8-inch CIP line exists along the east side of W. Lakeside Drive. Corpus Christi Comprehensive Plan (Plan CC) 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. ADP (Area Development Plan): According to Plan CC the subject property is located within the Flour Bluff Area Development Plan (Adopted on June 22, 2021). Water Master Plan: No improvement has been proposed. Wastewater Master Plan: No improvement has been proposed. Stormwater Master Plan: No improvement has been proposed. Public Notification Number of Notices Mailed 14 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: January 24, 2024 City Council 1st Reading/Public Hearing Date: March 19, 2024 City Council 2nd Reading Date: March 26, 2024 Background: The subject property, with a 1.53 acreage, is within the Flour Bluff area, north of NAS (Naval Air Station) Drive and South Padre Island Drive (SH-358), and west of Waldron Road and NAS Drive. The site formerly hosted a non-conforming use (manufactured home park) with a 5-unit multi-family structure remaining at the northeast corner of the site. Approximately 0.6 mile north, is the southern boundary of the nearly 2,067-acre TRUAXX naval field. The site is within the MCAOD (Military Area Compatibility Overlay District) of the TRUAXX base, outside any of its CZ (Clear Zone), APZ (Accident Potential Zone) I and II zones; however, within its light and vertical obstruction safety subzones. The subject property is surrounded by vacant properties to the north, west, and south. To the east of W. Lakeside Drive and the subject parcel, are "CG-1" General Commercial zoned properties that are vacant inner-block, with commercial uses along NAS Drive. The properties to the north, abutting the northern and western boundaries of the site, are zoned "CG-1" and "RS-6" Single-Family 6, and are vacant. South of the property, along NAS Drive Westbound, is also a vacant parcel zoned "CG-1." Although not immediately adjacent to the subject property, the "RS-6" District north of the subject parcel, contains several small enclaves of non- conforming uses; including a self-storage facility, and multi-family uses. The applicant is requesting an amendment to the existing zoning district to accommodate a multi-family development targeting the senior population; for seniors; expanding the existing 5- unit apartments into a total of 35, with 30 new units out of steel shipping containers. The proposed development will offer affordable housing to senior citizens on fixed income with options for veterans in the Flour Bluff community. The applicant revealed that similar communities in their portfolio are characterized by a large group of their residents having little to no vehicular access; relying on bicycles, public transportation, or ride shares. The development will also include support and recreational facilities. The "RM-2" Multifamily zoning district provides a variety of housing types. Housing types may take the form of single-family detached, zero lot line, traditional semi-attached, two-family, townhouse or apartment units. These zoning districts are used in areas having convenient access to collector and arterial streets, and nearby civic and commercial uses, as well as employment opportunities. Apart from the variety of housing types permitted, group homes, educational facilities, parks and open areas, and places of worship are also permitted. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following elements, goals, and strategies for decision Makers: • Housing and Neighborhoods. o Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. o The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complex developments with a lack of interconnection. ■ Give consideration to regulations, project incentives, and guidelines that promote interconnected developments, such as developments with a well-connected street network or appropriate connections to neighboring subdivisions, destinations, or bicycle pedestrian facilities. • Future Land Use, Zoning, and 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. ■ Promote stabilization, revitalization, and redevelopment of older 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 Regulations to protect military and civilian airfield and airport use are in place. ■ Continue to consider the compatibility of proposed use with military airfield operations when making decisions on rezoning requests. Flour Bluff ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is inconsistent with the Flour Bluff ADP and FLUM designation of Transition Aviation Special District; however, is consistent with the following policy initiatives of the ADP. • Encourage development that is compatible with the Naval Air Station and Waldron fields by maintaining land use designations consistent with the Air Installation Compatible Use Zone (AICUZ). Continue coordination with NAS-CC regarding AICUZ updates and modifications. 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 proposed rezoning is consistent with many elements and goals of Plan CC (City of Corpus Christi Comprehensive Plan); however, it is inconsistent with the FLUM's (Future Land Use Map) designation of Transition Aviation Special District, warranting an amendment to the FLUM. • Staff noted that while the FLUM (Future Land Use Map) has designated the area north of NAS (Naval Air Station) Drive and South Padre Island Drive, and south of the TRUAXX base as TASD (Transition Aviation Special District) District; its main purpose is to regulate vertical obstructions. Accident potential risk is largely diminished within that area. A one-story development is being proposed. • The proposed development addresses the provision of housing as recommended by the City's guiding documents for different income levels and stages of life. Staff finds the proposed means acceptable to provide quality housing for the moderate senior population of Flour Bluff and beyond. • Such provision can be achieved through a multi-family or commercial district. The predominant land use in Flour Bluff is single-family residential with the multi-family districts largely undeveloped, and mostly south of NAS Drive and South Padre Island Drive. The community, around the TRUAXX base, north of SPID (South Padre Island Drive) and NAS Drive, is characterized by a mixture of "FR" Farm Rural, "RS-6" Single- Family 6, mostly, "RM-1" Multi-Family, "RM-H" Manufactured Home, considerably, "IL" Light Industrial District, and "IH" Heavy Industrial Districts with most single-family residential uses within the base's Clear Zone and Accident Potential Zone I and Accident Potential Zone II zones; commercial uses along SPID (South Padre Island Drive) and NAS Drive, and single-family residential uses in-between. The large single- family use is also typical south of SPID and NAS Drive. • A visual assessment of the area revealed that a good number of the properties are in a deteriorating state. The subject proposal is an opportunity to induce reinvestment in the neighborhood. Planning Commission and Staff Recommendation (January 24, 2024): 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, Planning Commission and Staff recommend approval of the change of zoning from the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit to the "RM-2" Multi-Family District. • Although inconsistent with the designated future land use, staff's opinion is that the proposed development would be beneficial to the community. The rezoning is consistent with many other elements, goals, strategies, and policy initiatives of the City's guiding documents; which included, affordable housing for a target population, orderly growth, re-investment, and more. The development will also be outside any of the TRUAXX base's imaginary surfaces. • The amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area and will not have any adverse impact upon the surrounding properties and neighborhood. o The "RM-2" Multi-Family District has a maximum density of 30 units per acre. The proposed 30-unit addition will not have any adverse impact on the existing infrastructure. While W. Lakeside Drive is classified, by the UTP (Urban Transportation Plan), as a "Local Residential"street, per the developer, the residents in similar developments in their portfolio have little to no vehicular access, and rely primarily on public transportation, bicycles, or ride shares. The nearest transit stop serves three bus routes including the NAS shuttle that serves the Flour Bluff area, within a quarter of a mile, east of the subject property. o The multi-family development out of shipping containers will not have any negative impact on the residential character of the neighborhood; especially as sited. Along the east side of W. Lakeside Drive is a commercial district. Although the subject parcel abuts a single-family use along its northern boundary; the development is below the "two-story multi-family adjacency to single-family use" recommendation per Plan CC. The proposed development will consist of one- story structures. The property along its western boundary, although vacant, is also zoned for commercial use. It will also serve as a buffer to the residential district from the abutting commercial district to the south. o Plan CC encourages appropriate transition between low- and high-density developments, the adjacency of such development to a "RS-6" zoned property is acceptable as a one-story development with each unit at 320 square feet. Attachment(s): (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit MEDINA ENGINEERING & SURVEYING Victor S.Medina,RPLS 4531 Ayers Street,Suite 225 Phone: (361)877-1255 Corpus Christi,Texas 78415 Fax: (361)993-2955 August 11,2022 Job No.220980 FIELDNOTE DESCRIPTION of a 1.528 acre tract of land being Lots 8,9,10 and the south 26.00 feet of Lot 11,Block"C"of Flour Bluff Estates,being an addition to Corpus Christi, Nueces County,Texas,as shown on map recorded in Volume 8,Pages 1 and 2,Map Records of Nueces County,Texas,said 1.528 acre tract being the same tract of land as described in deed recorded in Document No.2001031811,Official Records of Nueces County,Texas,and said 1.528 acre tract being more particularly described as follows: BEGINNING at a 5/8"steel rod found for the southeast corner ofthis tract,same point being in the west right-of-way line of West Lakeside Drive,and same point being at the southerly northeast comer of Lot 2,Henderson Tract,being an addition to Corpus Christi,Nueces County, Texas,as shown on map recorded in Volume 49,Page 94,Map Records of Nueces County, Texas; THE, N 60°58'00"W,along the south line line of this tract,same being the south line of said Lot 8,and same being the southerly north line of said Lot 2,a distance of 199.08 feet to a 5/8"steel rod for the southwest corner of this tract,same point being the southwest corner of said Lot 8,and same point being at an interior corner of said Lot 2; THENCE N 29`02'00"E,along the west line of this tract,same being the west line of said Lots, 8,9,10 and 11,and same being the northerly east line of said Lot 2,at 248.37 feet pass the common comer of Lots I and 2,of said Henderson Tract,and continue for a total distance of 326.00 feet to a 519"steel rod found for the northwest corner of this tract; THENCE S 60°58'00"E,along the north line of this tract,a distance of 211.71 feet to a 5/8" steel rod found for the northeast comer of this tract,same point being in the west right-of-way line of said West Lakeside Drive,and same point behtg on a curve to the left,having a radius of 6,868.14 feet,and a chord bearing and distance of S 31°15'07"W,326.24 feet; THENCE in a southerly direction along said curve to the left,and with the west right-of-way line of said West Lakeside Drive,an arc distance of 326.28 feet to the POINT OF BEGINNING. CONTAINING 1.528 acres. Note: Bearings are based on deed recorded in Document No.2001031811,Official Records of Nueces County,Texas. tEOF rE Victor S.Medina,RPI S �� GtSiFRc^ J' License No.3419 Q °' VICTOR S. MEDIP.. ; 3419e..'R -7. ESM -0 0 9- �1 g � 'Jai e s g aaZZ � w r o 2 QxQ ed � � � g Ox Z d z_ g g go d 3 E IICIIL 3.00AS.09S � o2Id< � � J p� W � �g Ito Od I � W � z o g h 0g 8 ; < f1a °w U O d U owC 8d qW o p ; If u 11 S ~O up ao zg 0 co 9 0 NZa z =u +' d w� WgT O v i r Heg a � b Cp ,90'K.I M.00195.09 N £ Z rLZ PS ;�• dD cm OW:Gl Z �'b'.�.r-.P.•� (B) Existing Zoning and Notice Area Map GFRTR�o� �` 2 3 /L v 0 11 4 5 � RS-6 3 6 8 14 SUBJECT R� -s �OPERTY 12 1 3 �a4 9 4 10 -G-1-1 C G- 1 �AVA�AIR SSA ON pR S PADRE ISLAND DR NAS ENTRANCE RAMP RpMp CASE: 0124-06 Zoning and notice Area � •I^;��� Il:r•d.. n S RM-1 Multifamily 1 It. Light Industrial RM-2 Multilamily2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Muhifamily AT RSE Single-Family6 CNA Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FIR Farm Rural H Historic Overlay BP Business Park iw�� SUBJECT r PROPERTY ,,ch 2t Property O Owners = 7 e wdh 200'buN r in hwr 4 owners within 2oa used on y owners C It Ot 4L %M, . aHachedownershipMbb ,n opposes Y � Esri,HERE Corpus a � LOCATION MAP Christi Zoning Case 0124-06 �ERTR✓oF� R, Sunriser Park, LLC. ST District 4 :L Rezoning for a property at or near 922 W. Lakeside Drive From the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit To the "RM-2" Multi-Family PL3oOPC�� _ z. f. rr Pk PROPERTY .F l q1.R SfPSION ^^ NAP NCity of � Esri,HERE Corpas n t$ LQCATION MAP Christi City Council March 19, 2024 Zoning and Land Use RTR� Proposed Use: DEBT 3 To allow a multi-family development. 1L a 10-07-1985 ° ADP (Area Development Plan): Flour Bluff, Adopted on June 22, 2021 RS-B 03-01-1983 FLUM (Future Land Use Map): Transition Aviation Special District CG-i Existing Zoning District: SUBJEC7 "RS-6" Single-Family 6 District, and "RS-6/SP" 03-01-1983 PROPERW Single-Family 6 District with a Special Permit CG-r a 03-01-1983 Adjacent Land Uses: CG-7/SP 03-01-1983 North: Vacant; Zoned: CG-1, RS-6 NAVAL PIR' N South: Vacant, ROW; Zoned: CG-1 5 PADRE!BLAND OR t East: ROW, Vacant, Commercial; Zoned: CG-1 IN" ti NAS EMRgNCE RgMp p P West: Vacant; Zoned: CG-1 Public Notification 14 Notices mailed inside the 200' buffer �FRrRGo 2 Notices mailed outside the 200' buffer 2 F� 3 L ?� a� 11 4 ap 5 Notification Area 3 6 Opposed: 0 (0.00%) 8 14 Separate Opposed Owners: (0) SUBJEUr R e _ PL30O PC�G2 ram? 12 In Favor: 0 (0.00%) 9 0 �y S 10 Ohl Oa. GG-t NA�ALAla�A� N S PADRE LSIANp pR *Notified property owner's land in SQF/Total SQF of all properties in NAS EWRANCERAMP Ma the notification area=Percentage of public in opposition and/or favor. A Staff Analysis and Recommendation • The proposed rezoning is consistent with many elements and goals of Plan CC; however, it is inconsistent with the FLUM's designation of Transition Aviation Special District, warranting an amendment to the FLUM. • Although inconsistent with the designated future land use, staff's opinion is that the proposed development would be beneficial to the community. • Staff noted that while the FLUM has designated the area north of NAS Drive and South Padre Island Drive, and south of the TRUAXX base as Transition Aviation Special District District; its main purpose is to regulate vertical obstructions.Accident potential risk is largely diminished; a one-story development is being proposed. • The proposed development addresses the provision of housing as recommended by the City's guiding documents for different income levels and stages of life. Staff finds the proposed means acceptable to provide quality housing for the moderate senior population of Flour Bluff and beyond. • The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "RM-2" MULTI-FAMILY DISTRICT CASE:0114.06 Sc 0 0 � U NCOBPOHP1 E0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BilIM(a)cctexas.com (361) 826-1801 Josh Chronley, Assistant Director of Contracts & Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of a Directional Drilling Rig and accessories CAPTION: Motion authorizing the purchase of a directional drilling rig and accessories from Vermeer Texas-Louisiana, of Corpus Christi, through the BuyBoard Cooperative, for $175,865.00 for the Gas Operations Department, with FY 2024 funding from the Gas Operations Fund. SUMMARY: This motion authorizes the execution of the purchase of a 2024 Directional Drilling Rig D8X12 and accessories for Gas Operations. This equipment will be used for the installation of gas mains under heavily trafficked roadways and allows this installation to take place without disturbing the roadways and with smaller excavation of worksites. BACKGROUND AND FINDINGS: The D8X12 Navigator is a horizontal directional drill that combines the strength of a large drill with the compact size and enhanced performance of a smaller drill. It offers two rod options, easy-to-use controls, a narrow footprint, and powerful operation that produces minimal noise disruption. This drill is ideal for small service installations, as it can navigate through difficult terrain with ease, allowing for tighter steering corrections. It's a perfect alternative to traditional open trenching, as it causes less disruption to existing infrastructure and roadways during construction. PROCUREMENT DETAIL: This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Purchasing Cooperative have been competitively procured in compliance with local and state procurement requirements. The Procurement Division of Finance researched other cooperative contracts and service offerings to find the most cost-effective option for the City. Vermeer Texas-Louisiana is also the equipment distributor and authorized dealer for the directional drilling rig and the accessories. Below is a price comparison of cooperative pricing: Item BuyBoard Vermeer Texas-LA Directional Drilling Rig $190,815.00 $175,865.00 ALTERNATIVES: An Alternative is to outsource all directional drilling piping installations instead of purchasing the equipment. FISCAL IMPACT: The fiscal impact for Gas Operations in FY 2024 is not to exceed $175,865.00 with Vermeer Texas-Louisiana, of Corpus Christi for the purchase of a 2024 Directional Drilling Rig D8X12 and accessories. FUNDING DETAIL: Fund: 4130 Gas Organization/Activity: 34130 Gas Construction Mission Element: 011 Gas Distribution System Project # (CIP Only): N/A Account: 520090 Minor tools & equipment RECOMMENDATION: Staff recommends approval to execute this motion with Vermeer Texas-Louisiana, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Finance- Procurement-Sr. Buyer:Cynthia Perez Directional Drilling Rig with Accessories BuyBoard Cooperative No.684-22 Date: February 29,2024 Vermeer Texas- Louisiana Corpus Christi,TX ITEM DESCRIPTION QTY Total 1 2024 Vermeer D8X12 Directional Drill Rig 1 $ 108,370.00 $ 108,370.00 2 Vermeer MX125 with 500 Gallon Tank 1 $14,950.00 $14,950.00 3 Lucon Trailer 1 $14,600.00 $14,600.00 4 Falcon F5 Locator, Transmitter with accessories 1 1 $37,945.00 $37,945.00 Total Amount $ 175 865.00 Page 1 of 1 � S cl �o o� � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Laura Garcia, Director of Libraries Lau raga(a)cctexas.com (361) 826-7070 Brett Van Hazel, Director of Asset Management B rettvh(a)cctexas.com (361) 826-3273 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a�cctexas.com (361) 826-3169 Amendment No. 1 Armed Security Guard Services for Libraries CAPTION: Resolution authorizing execution of Amendment #1 to the service agreement with TriSec, LLC, dba Signal of Corpus Christi, to replace unarmed security guard services with armed services and increase contracted hours for the Libraries Department in the amount of $332,262.84, for a revised total of $1 ,814,932.18, with FY 2024 funding of $163,694.44 from the General Fund. SUMMARY: This resolution approves authorizing execution of Amendment No. 1 to the service agreement with TriSec, LLC, dba Signal of Corpus Christi, for the addition of armed security guard services replacing unarmed security guards. BACKGROUND AND FINDINGS: Currently guard services are provided for 30 hours per week at each of the library branches. Expanding guard services to coincide with the operational hours of the branch will help to maintain an environment that is welcoming to all patrons, especially families that frequent the library. The additional hours were approved by City Council during the FY24 Budget Process and is a current Library Budget Initiative. Guard service will be provided as follows, the hours include having guards arrive 15 minutes before opening and stay 15 minutes after closing: Garcia - 57 hours per week Harte - 52 hours per week Hopkins - 55 hours per week McDonald - 50 hours per week Neyland - 49 hours per week ALTERNATIVES: The alternative is not to authorize the execution of the amendment. This would mean that guard services will only be provided for 30 hours per week at each of the library branches instead of expanding guard services to coincide with the operational hours of the branch to help maintain an environment that is welcoming to all patrons. FISCAL IMPACT: The fiscal impact is an additional $163,694.44 that will come from FY 2024 funding in the General Fund. FUNDING DETAIL: Fund: 1020 Department: 20 Organization: 12800 Account: 530000 Activity: RECOMMENDATION: Staff recommends authorizing execution of Amendment No. 1 to the service agreement with TriSec, LLC, dba Signal of Corpus Christi, for the addition of armed security guard services replacing unarmed security guards. LIST OF SUPPORTING DOCUMENTS: Amendment No. 1 se 0 , Amendment #1 Finance & Procurement U NO R'PORnT Etl 1852 Date: February 13, 2024 Agreement #: 4558 - Uniformed Security Guard Services Contractor/Consultant: TriSec, LLC, dba Signal of Corpus Christi Current Amount: $1,482,669.34 I. Section 3, Compensation and Payment, of the Agreement is amended by increasing the amount $332,262.84-1 therefore, the revised total amount of the Agreement is $1 ,814,932.18 II. Attachment A, Scope of Work, section 1.11.D, entitled "Work Site and Conditions", of the Agreement is deleted and replaced with Attachment A-1, which is attached and its contents incorporated by reference into the Agreement as if fully set out here in its entirety. Attachment A- 1 details the necessary additional hours for Services. III. A portion of Attachment B, Bid/Pricing Schedule, to the Agreement is superseded and replaced for only years 2 and 3 of the Agreement with Attachment B-1, which is attached and its content incorporated by reference into the Agreement as if fully set out here in its entirety. Attachment B- 1 details the expense resulting from the replacement of unarmed security guard services with armed security guard services and the additional hours added where necessary. For clarity, the parties agree that Group B, Item 2.1, of the Attachment B, Bid/Pricing Schedule, remains unchanged for years 2 and 3. IV. Section 4, Contract Administrator, of the Agreement is amended by deleting the existing information within the Contract Administrator's contact information block and replacing it with the following information: "Rebecca Serna, Project Manager, Asset Management - Facilities, Phone: 361-826-3388, and Email: rebeccas@cctexas.com". V. Section 16, Notice, of the Agreement is amended by deleting the City's notification information within this section and replacing it (under the subheading "If to City")with the following information: "City of Corpus Christi, Asset Management - Facilities, Attn: Rebecca Serna, Project Manager, 1201 Leopard St., Corpus Christi, TX, 78401". VI. This Amendment is effective on February 16, 2024, subject to execution by the parties. To the extent that the provisions of this Amendment #1 conflict with the any provisions of the Agreement and prior amendments, if any, the provisions of this Amendment #1 prevail and govern for all intents and purposes. Josh Chronley Date Contractor Date Assistant Director, Finance & Procurement Approved as to form: Assistant City Attorney Date Resolution authorizing execution of Amendment #1 to the service agreement with TriSec, LLC, dba Signal of Corpus Christi, to replace unarmed security guard services with armed services and increase contracted hours for the Libraries Department in the amount of $332,262.84, for a revised total of $1,814,932.18, with FY 2024 funding of$163,694.44 from the General Fund. WHEREAS, there is a need to replace unarmed security guards with armed security guards at the libraries and to include additional hours, as needed, at all City library locations. 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 these procurements. Section 2. The City Manager, or his designee, is authorized to execute Amendment #1 to the service agreement with TriSec, LLC, dba Signal of Corpus Christi, for$332,262.84, for a revised total of $1 ,814,932.18, with FY 2024 funding of $163,694.44 from the General Fund. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary SC 0 C7 MCOBPOHP,�0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Amendment #1 - Cisco Smartnet Network Equipment Support and Maintenance CAPTION: Motion authorizing execution of Amendment #1 to the co-op agreement with Great South Texas Corp, dba Computer Solutions, to renew Cisco Smartnet network maintenance and support for continuing one-year terms, subject to conditions and sufficient future appropriations, in the amount of $350,865.34 for the Information Technology Department, with FY 2024 funding from the Information Technology Fund. SUMMARY: This motion authorizes Amendment #1 to the co-op agreement with Great South Texas Corp dba Computer Solutions for the support and maintenance renewal of Cisco Smartnet. Computer Solutions has a local office in the City of Corpus Christi, is a woman owned business and is a HUB vendor. This purchase has a 16% discount for a total cost savings of $66,183.82. This maintenance renewal will provide the necessary support and maintenance for the City's critical network equipment. BACKGROUND AND FINDINGS: Cisco Smartnet support and maintenance is required for critical network infrastructure. Cisco Smartnet includes 247 access to network technical assistance center engineers, device management, online technical resources, firmware updates and hardware replacements. The Cisco Smartnet renewal will ensure that the City of Corpus Christi has support and maintenance for critical network infrastructure. ALTERNATIVES: There is no alternative. The critical network infrastructure is a highly secure system that must be supported and maintained by Cisco Smartnet. FISCAL IMPACT: The FY 2024 fiscal impact is $350,865.34 to the Information Technology Fund. FUNDING DETAIL: Fund: 5210 Information Technology Organization/Activity: 40420 IT Infrastructure and Network Services Department: 23 Information Technology Project # (CIP Only): n/a Account: 530230 Equipment Maintenance RECOMMENDATION: Staff recommends approval of this motion authorizing Amendment #1 to co-op agreement with Great South Texas Corp, dba Computer Solutions. LIST OF SUPPORTING DOCUMENTS: Amendment #1 Price Sheet DocuSign Envelope ID: 12D18C8D-8722-4B85-ADE2-A1C5F14C7950 � a ° Amendment #1 v Finance & Procurement 'NCORP9R PS ED I852 Date: March 5, 2024 Agreement #: 134067 Cisco SmartNet Network Equipment Support and Maintenance Contractor/Consultant: Great South Texas Corp dba Computer Solutions I. Section 3, Term, is deleted in its entirety, with the exception of the section number and heading, and is replaced with content to read as follows: "(A) The initial term of this Agreement is one year beginning on April 8, 2024, and continuing through April 7, 2025. (B) The parties may mutually agree to auto-renew this Agreement for continuing one-year periods (each, an "Option Period"), provided: (i) the underlying Cooperative Agreement either continues in full force and effect or, alternately, has been replaced by a successor DIR-approved co-op agreement with Contractor providing the same software and such replacement co-op agreement is valid on the beginning date of each Option Period; (ii) the same software product and services continue in active use by the City and have not been replaced by a different product and services; (iii) the pricing for each Option Period conforms to the language in section 4 below; and (iv) sufficient current funding has been appropriated by the City to provide for the continuation of this Agreement. Furthermore, following the conclusion of any one-year Option Period, the parties may agree to auto-renew this Agreement so long as the conditions required above in subparts (i) — (iv) are met and neither party has terminated this Agreement. (C) 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 appropriation 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 to fund this Agreement. The City does not represent that a budget item providing for this Agreement will be adopted, as said determination is within the City Council's sole discretion when adopting each annual budget." 11. Section 4, Compensation and Payment, is deleted in its entirety, with the exception of the section number and heading, and is replaced with content to read as follows: "This Agreement is for$350,865.34, subject to execution of one or more written amendments executed by the parties. All pricing for the initial term must be in accordance with the attached Pricing Quotation, as shown in Attachment B-1, which is attached and the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The pricing for each Option Period must conform to (i) the amounts shown in Attachment B-1, (ii) the DocuSign Envelope ID: 12D18C8D-8722-4B85-ADE2-A1C5F14C7950 amounts stated in an eligible renewal of DIR-TSO-4167, or (iii) the amounts stated in a successor co-op agreement, whichever amount of subparts (i), (ii), or (iii) is lowest. Pricing for every continuing one-year auto-renewal of this Agreement must also be in accordance with the pricing condition stated in the foregoing sentence." III. Attachment B, Bid/Pricing Schedule, to the Agreement is superseded and replaced with Attachment B-1, as indicated in part II of this Amendment #1 . IV. This Amendment #1 is effective following City Council approval and execution by both parties, unless an earlier date is expressly stated within this document. Notwithstanding the foregoing, the parties agree the initial term of Services, as amended by this Amendment #1, begins subsequent to the conclusion of the existing term which ends at 11:59 p.m. on April 7, 2024. To the extent the provisions of this Amendment #1 conflict with any provisions of the Agreement and prior amendments, if any, the provisions of this Amendment #1 prevail and govern for all intents and purposes. Doculigned by: 3/11/2024 Josh Chronley Date Contractor ctor� Date Assistant Director, Finance & Procurement APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Page 2 of 2 DocuSign Envelope ID: 12D18C8D-8722-4B85-ADE2-A1C5F14C7950 ' ient B-1 Great South Texas Corp dba Computer Solutions �'■ 14410 Wurzbach Parkway,Suite 175 Date Expiration Date �+y San Antonio,Texas 78216 Jan 07,2024 02:58 PM CST 03/29/2024 �,,,/// United States Modified Date C1 MI)LIt+Eli �/ www.comsoltx.com Feb 12,2024 10:34 PM CST SoI1 1GiAnL+`� w 210-369-0300 LJ W IJ .7 Quote# 1044077 -rev 4 of 4 Description Cisco 2024 Smartnet Renewal(1YR) SalesRep Jones, David (P)210-369-0318 (F)210-369-0389 Customer Contact Ovalle, Jaime (P)361-826-4092 Jaimeo3@cctexas.com Customer Bill To Ship To Contract Programs:DIRCIS4167- City of Corpus Christi(16975) City of Corpus Christi City of Corpus Christi CISCO DIR-TSO-4167 EXP 6/29/2024 Ovalle,Jaime Accounts,Payables MIS,Data Center Certifications:WBE/SBE/HUB# 1201 Leopard Street 1201 Leopard Street 1201 Leopard Street,City Hall 1942650013800 Exp:06/28/2025 Corpus Christi,TX 78401 Corpus Christi,TX 78401 Basement Sales Order Type:Drop Ship-Ship United States United States Corpus Christi,TX 78401 to customers location (P)361-826-3740 (P)361-826-4091 United States (F)361-826-4551 Customer PO: Terms: Ship Via: Purchase Order(Net 30 Days) FedEx Ground Special Instructions: Carrier Account#: # Image Description Smartnet 1 Year:4/8/2025 Co-Term 1 Cisco Smartnet,CCWR Quote#451711633 SMARTNET $413,648.87 1 $347,465.05 $347,465.05 See Xls Reference Doc for Line Item Details Note: DIR-TSO-4167 Contract-16%Discount 2 Cisco Smartnet,CCWR Quote#401712992(UCS) SMARTNET $4,047.97 1 $3,400.29 $3,400.29 See Xls Reference Doc for Line Item Details Note: DIR-TSO-4167 Contract-16%Discount Thank you for the opportunity to provide this quote. Subtotal: $350,865.34 Invoicing and Partial Invoice Policy:Computer Solutions will invoice or partial Tax(.0000%): $0.00Shi in 00 invoice products and/or services when they have shipped or rendered complete(or T 9 . Total: $350,86565.3434 Milestone Complete).By ordering or releasing a PO for this order,you agree to pay (List Price: $417,696.84) for the items that have shipped or delivered as part of the whole order. Subscriptions/Enterprise Agreements Cancellation Policy-Computer Solutions requires a forty-five(45)day written notification from the customer based on the renewal/anniversary date in order to process the cancellation with the applicable manufacturer(s). City of Corpus Christi Price Sheet Buyer: Minerva Alvarado Cisco SmartNet DIR-TSO-4167 Great South Texas dba Computer Solutions San Antonio, TX Item Description Qty Cost Total 1 UCS/Compute 1 yr/Co-Term 1 $3,400.29 $3,400.29 2 Network 1 yr/Co-Term 1 $347,465.05 $347,465.05 Total 1 $350,865.34 � S cl �o o� � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Rebecca Huerta, City Secretary Re becca h(a)cctexas.co m (361) 826-3105 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Document Imaging of Vital Records CAPTION: Motion authorizing execution of a one-year co-op agreement with MCCi, LLC, of Tallahassee, Florida, through the BuyBoard Cooperative, for document imaging of vital records in an amount not to exceed $200,000.00, of which approximately $53,000.00 is included as an allowance for additional imaging, with FY 2024 funds from the General Fund. SUMMARY: The purpose of this item is to approve a co-op agreement for a document imaging project for the Vital Records division of the City Secretary's Office. BACKGROUND AND FINDINGS: The Vital Records division of the City Secretary's Office issues birth and death certificates for the city and Nueces County. Because of the aging condition of these vital documents, it is necessary to digitize records dating from 2006-2022 to retain and preserve these permanent records. These documents are at risk of being destroyed, lost, or damaged by natural or man-made exposures. Additionally, it will be more efficient for staff to search and to provide these records in an electronic format. There are an estimated 218,000 records that need to be digitized. PROCUREMENT DETAIL: This procurement is being facilitated through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Cooperative Published Discount Rate BuyBoard - Vendor #1 10% MCCi (BuyBoard) - Vendor#2 5% + additional 15% = 20% ALTERNATIVES: No alternatives. FISCAL IMPACT: The fiscal impact for the General Fund in FY 2024 is $146,912.82. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12631 Vital Statistics Mission Element: 42 City Secretary Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Co-op Purchase Agreement Price Sheet DocuSign Envelope ID:3C93F40E-82F8-4829-AC71-0231 B6F9653D �Us G� CO-OPERATIVE PURCHASE AGREEMENT NO. 5688 U Document Imaging of Vital Records yCaeaoRp�� 1852 THIS Document Imaging of Vital Records Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and MCCi, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Co-operative Agreement. Contractor has agreed to provide Document Imaging of Vital Records in accordance with its agreement with BuyBoard 716-23 (the "Co- operative Agreement"), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co- operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide Document Imaging of Vital Records in accordance with the attached Statement 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. 3. Term. The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from 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. 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. 4. Compensation and Payment. This Agreement is for an amount not to exceed $146,912.82, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, 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. Invoices must be mailed to the following address: Co-operative Purchase Agreement Standard Form Page 1 of 3 DocuSign Envelope ID:3C93F40E-82F8-4829-AC71-0231B6F9653D City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 5. 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: Tina Belock Deputy Registrar 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361 .826.3244 Fax: n/a IF TO CONTRACTOR: MCCi, LLC Attn: Donny Barstow President 3717 Apalachee Parkway, Suite 201, Tallahassee, FL 32311 Phone: 850.701 .0725 Fax: 850.564.7496 6. Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] Co-operative Purchase Agreement Standard Form Page 2 of 3 DocuSign Envelope ID:3C93F40E-82F8-4829-AC71-0231 B6F9653D CONTRACTOR DocuSigned by: Signature: E6 fjA.V'Sf6w Printed Name: Donny Barstow Title: President & CEO Date: 3/12/2024 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Incorporated by Reference Only: Co-operative Agreement: BuyBoard 716-23 Co-operative Purchase Agreement Standard Form Page 3 of 3 DocuSign Envelope ID:3C93F40E-82F8-4829-AC71-0231 B6F9653D Attachment A: Scope of Work PROJECT SCOPE GENERAL DESCRIPTION • Half pages Birth certificates and Full page Death Certificates Deputy Registrar Office/Vital Records @ City Secretary's Office • Birth and Death Certificates � • ' • • N/A • 218,790 IMAGES PER 306 Binders with approximately 650 pages per; added 10%due to some of them • • • have writing on the back that needs scanned in. DOCUMENT PREPARATION • ••EF, binders on shelves at Deput Registrar's office -Tina Belock • All pretty good shape in binders and on shelves IMAGE PROCESSING & INDEXING • • . . • Black&White • Up to 2 Fields(Year/Month and Last name, First name) • , .1 T4 Year/ Month and Last name/ First name • • Included IMAGE OUTPUT • •• Secure FTP Transfer • I aserfiche Briefcase MATERIAL HANDLING • Scan Onsite in conference room SHIPPING&DELIVERY TERMS Scan Onsite in conference room DocuMENTS Scan Onsite in conference room The Scope above has been pro vided and/or confirmed by Client. Both Parties agree that the estimated Pricing defined herein is based on the Project Scope and the following assumptions. if documents are not as initially represented, additional charges will apply. MCCi will call for authorization to proceed with the project. Scanning Order Page 144 DocuSign Envelope ID:3C93F40E-82F8-4829-AC71-0231B6F9653D MILESTONES, TASKS & DELIVERABLES MILESTONE TASKS/ DELIVERABLES #1: Project Tasks• Kickoff Client's MCCi salesperson will set up a project kickoff call. During the kickoff call, the MCCi team will walk Client through the project scope and contract. Requirements, timeline, and other project specifics will be discussed with Client. Assumptions• MCCi may utilize Basecamp to communicate with Client on a regular basis about project progress, issues, etc. MCCi may not conduct Client kickoff for continuations of existing project(s). #2: On-site Client Deliverables• Requirements Client will provide ample and comfortable workspace for the MCCi team to set up computers and imaging equipment.This space will be available at a minimum of 7am to 6pm M-F for up to 4 people, tables, and chairs, with internet access, power, and free parking. Client will provide access to all files contained within this scope at time of arrival of the MCCi team. #3: Sample Tasks• Sign-Off MCCi team will scan a sample of Client's documents. MCCi will select settings based on the Project Scope, and to make sure Client's documents are being digitized in a manner that preserves as much detail, clarity, and quality as possible. MCCi will review these sample scans with the Client. Once Client agrees that the sample scan quality is satisfactory, the MCCi team will proceed with the rest of the project. Assumptions• Sample scans may not be needed if MCCi and Client have previously worked on similar conversion projects together. Client will review sample scans within two (2) hours of receiving them from MCCi. #4: Scheduled Deliverable: Finished At regular intervals (typically monthly), the MCCi team will electronically deliver the digitized Product documents that were finished in the previous period. Delivery Assumptions• Billing will occur upon completion of this milestone. These documents will have gone through MCCi prepping, scanning, and quality control processes. The delivery schedule will vary based on the size and scope of project. MCCi will make every effort to complete the project as quickly as possible. #5 Physical Tasks• Document Client's documents will be returned to the designated area where they were found. Documents Return will continue to be treated with care while in MCCi's possession. Client should review all returned documents to ensure all originals are back in their possession. Scanning Order Page 2 of 4 DocuSign Envelope ID:3C93F40E-82F8-4829-AC71-0231B6F9653D SCANNING ASSUMPTIONS The following assumptions serve as the basis for this SOW. Any service or activity not described in this SOW is not included in the scope of services to be provided. Variations to the following may impact this SOW's cost and/or schedule and require a change order. DELIVERABLE ACCEPTANCE CRITERIA • Both Parties acknowledge that the acceptance period noted herein is in conflict with the Master Agreement and the terms defined below take precedence. MCCi's delivery of a Deliverable to Client shall constitute that MCCi has conducted its own review and believes it meets Client's requirements. Client shall then have the right to conduct its own review of the Deliverable as Client deems necessary. MCCi's acceptable error rate will be less than 0.5%for the overall project, unless otherwise stated in writing. MCCi cannot be accountable for records not reflected in the original inventory report provided by Client. MCCi will correct only those valid discrepancies above the acceptable error rate reported within the Acceptance Period (defined below). If Client, in its reasonable discretion, determines that any submitted Deliverable does not meet the agreed upon expectations, Client shall have 30 days after MCCi delivers the Deliverable to Client (the "Acceptance Period") to give written notice to MCCi specifying the deficiencies in reasonable detail. • MCCi shall use reasonable efforts to promptly resolve any such deficiencies. • Upon resolution of any such deficiencies, MCCi shall resubmit the Deliverable for review asset forth above. ■ Notwithstanding the foregoing, if Client fails to reject any Deliverable within 30 days, such Deliverable shall be deemed accepted. GENERAL • Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additional charges per image may apply. A sample may be required prior to confirming large volume job pricing. Client agrees that the work described herein represents MCCi's current best estimate and is subject to possible change due to circumstances beyond MCCi's direct control and/or new or additional information discovered during the course of the project. Further, Client understands and acknowledges that MCCi's ability to meet such work schedule is dependent upon, among other things, the accuracy of the assumptions and representations made by Client, the timeliness of Client business decisions, and the performance of Client and Client's vendor personnel in meeting their obligations for this project and in accordance with this Order. • MCCi maintains partnerships for the purpose of offering additional capacity and flexibility in meeting Client expectations. In the event partners are used for a project, the management and support of the project will be handled directly by MCCi. Physical documents will never leave the United States, but our partners may utilize offshore resources to handle document indexing, quality control, and other processes. Through the course of this project, MCCi may choose to utilize the third-party service Basecamp (http://www.basecamp.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Basecamp. Client is responsible for creating and operating any workflows needed to import data. Our import assistance is only for importing into LaserFiche and does not cover any workflow diagnosis or modifications. Scanning Order Page 3 of DocuSign Envelope ID:3C93F40E-82F8-4829-AC71-0231B6F9653D DOCUMENTS ■ Client understands that MCCi will process every image supplied to MCCi by Client as furnished. Client is responsible for removing any documents before shipping to MCCi for processing. Client will furnish MCCi with all hardcopy/electronic documents for its use in preparing the document imaging project for conversion. Upon completion of scanning, MCCi will return the documents to the Client in the order as received from Client but not placed back into their file folders/envelopes or re-prepped unless specifically stated otherwise in the Project Scope. Client is required to package all materials per MCCi's instructions prior to shipment/delivery of materials to MCCi's facility. If Client chooses to utilize MCCi's pickup and delivery service(offered in select states), pricing is based on picking up the entire project described in the scope of services in one (1) shipment. At the time of updating or if additional trips are required due to Client not having all the documents ready for pick up, additional charges will be applied. If Client chooses to ship via a certified carrier, Client incurs all shipping costs. DOCUMENT & DATA STORAGE MCCi's facilities contain secure rooms for hardcopy"work in progress" document storage. MCCi will arrange for the return of hardcopy documents to Client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after converted electronic data is delivered to Client, storage charges of$2.50 per cubic foot per month will apply. MCCi is not responsible for maintaining a copy of Client data,with the exception of clients who subscribe to MCCi's Online Document Hosting Services. MCCi periodically reviews and deletes Client data from previous projects.The timing of the periodic review and deletion of data is at MCCi's discretion. If Client requires MCCi to delete copies of its data prior to MCCi's standard process of deleting data, Client is responsible for submitting an official request in writing and for obtaining confirmation of data deletion. LASERFICHE Laserfiche system clients with a pre-existing template are required to supply MCCi with a Laserfiche Briefcase of their current folder/template structure, prior to each scanning project. LIMITED LIABILITY If the Master Agreement is silent on each party's limited liability, or there exists no master agreement, except for breach of any intellectual property right, or end user terms of use, and/or license agreement, liability is limited to the amount of dollars received by MCCi directly associated with this Order in the twelve (12) months prior to the date of the Claim. If the applicable agreement provides for a limitation of liability, then such limitation applies to the greatest extent allowed. MCCi also does not warrant any third-party products procured on behalf of Client. If there are any product warranties provided by the manufacturer of the product, any remedy should be requested directly from manufacturer and MCCi has no liability associated therewith. Scanning Order Page 4of4 DocuSign Envelope ID:3C93F40E-82F8-4829-AC71-0231B6F9653D PRICING Affachment B: Bid/Pricing Schedule mcci 3717 Apalachee Parkway, Suite 201 Bill /Ship to:Tina Belock Tallahassee, FL 32311 TinaB@cctexas.com 850.701.0725 cc AP Contact: itinvoice@cctexas.com; 850.564.7496 fax accountspayable@cctexas.com Client Name: City of Corpus Christi Quote Date: March 1, 2024 Client Address: PO Box 9277, Corpus Christi,TX 78469-9277 Quote Number: 30532 Order Type: Scanning rd Scanning Services Description: Qty. Unit Cost BuyBoa uyBoa3 Total MCCi SCANNING SERVICES 0 Regular Size Images up to 11x17" (<250,000) Doc 218790 $0.100 $0.0949 $20,763.17 Prep Per Image 0 Regular Size Images up to 11x17" (<250,000) 218790 $0.142 $0.1347 $29,471.01 Scanning Per Image 0 Regular Size Images up to 11x17" OCR Per Image 218790 $0.016 $0.0149 $3,259.97 0 Indexing Fields Per Index(> 100,001) 437580 $0.189 $0.1800 $78,764.40 0 Scanning Services, Onsite 1 $35,000.00 N/A $35,000.00 0 Project Management for Scanning 1 $10,125.00 $9,618.75 $9,618.75 Scanning Services Subtotal $176,877.31 GRAND TOTAL -SCANNING SERVICES M 0 One-Time Scanning Discount ($29,964.49) *This total discount(21. 12°/o of Imaging, Indexing and Project Management)is based on 100916 of project completion. The discount billed will be a reflection of the volume scanned at time of invoicing. This discount is not applicable to the Onsite Scanning Services. Discount Expires in 30 Days. TOTAL SCANNING PROJECT COST All Quotes Expire in 30 Days This is NOT an invoice. Please use this confirmation to initiate your purchasing process. BuyBoard Pricing -The pricing and terms in this contract are derivative of the"Not-To-Exceed"digitization rates that were competitively sourced through BuyBoard's Document Scanning Services contract#716-23.The rates and terms listed are based upon the complexity and volume of the project(s) outlined in this SOW. The rates listed may be Scanning Order Page 1 of 2 DocuSign Envelope ID:3C93F40E-82F8-4829-AC71-0231B6F9653D applied to additional projects that haven't been specifically outlined in this SOW, but MCCi reserves the right to verify the complexity of those projects and if needed modify the rates accordingly. BILLING SCHEDULE Deliverables will be billed monthly for work completed during the previous month. Client is responsible for all images processed by the MCCi project team.Any expected overages will be raised with Client before such overage is to occur so that Client can appropriately make arrangements to accommodate for the overages. SALES TAX Sales tax will be invoiced where applicable and is not included in the fee quote above. Scanning Order Page 2 of 2 City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Document Imaging of Vital Records BuyBoard 716-23 MCO, LLC Tallahassee, FL Item Description Qty Cost Total Regular Size Image up to 1 11 'xl 7" Prep per Image 218,790 $0.0949 $20,763.17 Regular Size Image up to 2 11 'xl 7" Scanning per Image 218,790 $0.1347 $29,471 .01 Regular Size Images up to 3 11 'xl 7" OCR per Image 218,790 $0.0149 $3,259.97 4 Indexing Fields Per Index 437,580 $0.1800 $78,764.40 5 Scanning Services, Onsite 1 $35,000.00 $35,000.00 6 Project Management for Scannir 1 $9,618.75 $9,618.75 Initial Scanning Discount -$29,964.49 Total $146,912.82 SC G� 0 � N U NflflPOflPY AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(u-)-cctexas.com (361) 826-3851 Robert Dodd, Director of Parks and Recreation Department robertd4(u-)-cctexas.com (361) 826-3133 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joshc2(a-)-cctexas.com 361-826-3169 Professional Services Contract Oso Golf Center - Club House CAPTION: Motion authorizing a professional services contract with Z Design Group LLC, of Boulder, Colorado, for the design of the new Oso Golf Center Club House Building, located in Council District 4, in an amount up to $672,550.00, with FY 2024 funding available from G.O. Bond 2022. SUMMARY: This motion authorizes approval of a professional services contract to provide design, bid, and construction phase services for the Oso Golf Center Club House Building. This project will provide for demolition of the existing facility and design of a turnkey, approximately 10,000-square-foot of interior space and 800-square-foot of outdoor covered space. The new facility will be fully equipped to handle both current and future clubhouse operations. BACKGROUND AND FINDINGS: The Oso Beach Municipal Golf Course club house was constructed in 1949. Jack Right Turner Architect designed the clubhouse in 1966, and the city of Corpus Christi completed construction in late 1969. Foresight Golf manages the golf course and facilities under the leadership of the Parks and Recreation Department. The Oso Municipal Golf Course holds a special place in the hearts of local golf enthusiasts, but its current clubhouse faces several challenges that warrant consideration for a new facility. The existing clubhouse has weathered many decades of use, and its infrastructure, plumbing, electrical systems, and overall structural integrity are compromised. A new clubhouse would provide modern amenities, improved safety features, and a fresh start. The Oso Beach Municipal Golf Course Design includes a two-story, approximately 10,000- square-foot of interior space and 800-square-foot building featuring modern amenities, including an elevator for ADA and easy access. The design program includes a convenient Porte Cochere designed specifically for golf carts. The heart of the clubhouse will house a spacious Dining Room & Bar Area, perfect for post-game celebrations. Adjacent to this, the Main Kitchen will cater to culinary needs. Ample Storage space will accommodate equipment and supplies. An event space will host gatherings, banquets, and community events, while golfers can explore the well-stocked Golf Shop for their equipment needs. A well-designed and managed clubhouse can generate revenue beyond greens fees. Hosting events, weddings, quinceaneras and banquets becomes feasible with the right facilities. A new clubhouse could attract private functions, corporate outings, and community events, providing a steady income stream for the course. In summary, investing in a new clubhouse for Oso Beach Municipal Golf Course would not only address practical needs but also enhance the overall golfing experience, ensuring its continued legacy for generations to come. PROJECT TIMELINE April - February March - May June - September Design Bid/Award Construction The project schedule reflects the City Council award design services in March 2024. COMPETITIVE SOLICITATION PROCESS: On March 6, 2023, the Contracts and Procurement Department issued a Request for Qualifications for engineering services with the RFQ Number 4657 for Professional Engineering Services for Capital Improvement Projects FY 2022. The city received a total of nine Statements of Qualifications. The selection committee consisted of representatives from Engineering Services, Parks and Recreation Department, and Foresight Golf. Z Design Group LLC was selected for the Professional Design Serviced in November 2023 under RFQ 4657, Professional Architectural Services for Oso Golf Center Club House. ALTERNATIVES: The alternative is not to approve the proposed professional services agreement; however, the Oso Golf Center Club House is an approved project in Bond 2022 and CIP for FY 2023. If not approved, it will cause a delay in the development of the Oso Golf Center Club House and will impact the operations, health, and life safety of the staff and public. FISCAL IMPACT: The fiscal impact in FY 2023 is an amount of $672,550.00 with funding available from the G.O. Bond 2022. FUNDING DETAIL: Fund: 2023 GO Bd 22 Prop B — Parks & Rec (Fund 3299) Department: Parks & Rec (27) Org: Grants and Capital Projects (89) Account: Outside Consultants (550950) Activity: 23165 Amount $672,550.00 RECOMMENDATION: Staff recommend approval of the professional services contract in an amount not to exceed $672,550.00 for the new Oso Golf Center Club House design as presented. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Evaluation Matrix Contract CIP Page PowerPoint RFQ No. 4657 Professional Architectural Services for Oso Golf Course Club House Final Scores Proposal Evaluation Score Z Design Group Stone GroupMcLemore Wong GMS Architects Architects Minimum Qualifications Pass/Fail Pass Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years References Provided for Firm Technical Proposal Experience on projects of similar scope and complexity 7 7.0 5.8 5.0 4.7 Demonstrated capability&capacity on comparable projects 7 6.8 5.0 4.7 4.7 Past Performance 7 6.0 5.0 4.3 3.5 Team members with experience and qualifications 7 6.2 6.0 5.5 5.5 Team members experience with work of similar scope and complexity 7 6.0 5.8 5.0 5.5 Availability of resources to accomplish the work 7 6.2 5.8 5.0 4.7 Demonstrated understanding of the scope of services 14 13.0 10.5 11.0 11.5 Demonstrated understanding and experience with a public agency 14 12.0 10.5 10.0 12.0 Technical Score 70 63.3 54.3 50.5 52.2 Interview Experience on projects of similar scope and complexity 4 3.7 3.7 2.3 3.1 Demonstrated capability&capacity on comparable projects 4 3.6 3.3 2.7 3.0 Past Performance 2 1.9 1.6 1.4 1.4 Team members with experience and qualifications 4 3.7 3.4 2.7 3.1 Team members experience with work of similar scope and complexity 4 3.7 3.4 2.3 3.0 Availability of resources to accomplish the work 2 1.7 1.6 1.4 1.5 Demonstrated understanding of the scope of services 5 5.0 4.6 3.4 3.6 Demonstrated understanding and experience with a public agency 5 4.8 4.3 3.9 3.9 Interview Score 30 28.1 25.9 20.0 22.7 Grand Total ff 100 91.4 80.2 70.5 J 75.0 Capital Improvement Plan 2024 thru 2026 City of Corpus Christi, Texas Project# 23165 Project Name Oso Golf Center- Club House (Design Only) Type Reconditioning-Asset Longevity Department Parks and Recreation ' k Useful Life 25 years Contact Park Director j Category Site Improvements Priority Critical-Asset Condition4ongevity Council District 4 Status Active Description Renovations and improvements to an existing Oso Beach Municipal Golf Course. The preliminary scope,design and planning will include renovations and improvements to the locker rooms,pro shop,specialty rooms,patio,snack bar,kitchen and lounge. These enhancements will bring the Club House to approximately 10,000 sq feet within a 2 story building. Justification Necessary upgrades to improve the existing facility and increase profitability.Consistent with Parks and Recreation goals to manage and maintain parks,beaches open spaces and recreational facilities for the community;as well as to provide recreational,social and cultural programs and activities. Expenditures Prior Years 2024 2025 2026 Total Planning 170,000 170,000 Design 530,000 530,000 Eng,Admin Reimbursements 50,000 50,000 Total 750,000 750,000 Funding Sources Prior Years 2024 2025 2026 Total G.O. Bond 2022 750,000 750,000 Total 750,000 750,000 Budget Impact/Other 71 Golf facility managed by third party contractor.Additional maintenance costs to be absorbed by management company. 121 ZDESIGN GROUP" I-.RHaF„'19 'n'" March 1, 2024 (revision) Mr.Jeffrey H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard St. Corpus Christi,TX 78401 Re: Oso Golf Center(Club House—Project No. 23165) DESIGN PROPOSAL Thank you very much for the opportunity to submit the following proposal for consideration with regard to Z Design Group LLC (ZDG) providing design consulting services for proposed replacement of the clubhouse facilities at Oso Golf Center. We look forward to collaborating with the City project team in creating and contributing to the success of these improvements. The following is an outline of our firm's proposed scope of services and compensation for the project. DESCRIPTION OF PROJECT This proposal is based upon facility size and scope description as follows: A. Clubhouse Site Areas Entry Monument/Sign at S.Alameda St. &Glenmore St. Bag Drop, Golf Staging Area and Surrounding Cart Paths Service and Delivery Areas Entry Drive & Parking Lot (resurface& re-stripe existing) B. Building Areas Scope as described in the attached Space Programming Worksheet, dated December 19, 2023. Building Size—Totals Enclosed Areas up to 10,000 SF Covered Outdoor up to 1,000 SF DESCRIPTION OF SERVICES &COMPENSATION A. BASIC SERVICES Architecture: See attached summary of architecture services (Exhibit Al). Interior Design: See attached summary of interior design services (Exhibit A2). Foodservice Design: See attached summary of foodservice equipment design services (Exhibit A3). Landscape Architecture: See attached summary of landscape architecture services (Exhibit A4). Civil Engineering: See attached summary of civil engineering services (Exhibit A5). Structural Engineering &TDI Windstorm Inspections: See attached summary of structural engineering and TDI windstorm inspection services (Exhibit A6). Mechanical & Electrical Engineering: See attached summary of mechanical &electrical engineering services (Exhibit A7). ARCHITECTURE//PLANNING//INTERIOR DESIGN Z DESIGN GROUP LLC 1877 BROADWAY,SUITE 204 BOULDER,COLORADO 80302-5214 USA TEL 303.449A831 FAX 303.449.1345 WEB zDESIGNGROUP.NET EMAIL INFO[zDESIGNGROUP.NET Oso Golf Center(Club House—Project No. 23165) Design Proposal j@RY@Fy 19 7n7^ March 1, 2024 (revision) Page 2 B. SUPPLEMENTAL SERVICES (additional services approved at time of contract) 1. Colored perspective exterior and interior renderings—note the design will need to be sufficiently developed before renderings are created. Depending on the nature of revisions after completion of renderings, additional compensation might be required. 2. Technology/Audio-Visual/Security services—detailed description of these services available upon request. If rejected, basic MEP services will include rough-in only for data and AV components only. Rough-in only services require a markup furnished by the owner or architect indicated expected device locations. Security, access control, and intrusion detection are not included in rough-in only Basic MEP Services. 3. Commissioning services—detailed description of these services available upon request. It is expected for compliance with IECC that Cx Services will be required to receive a Certificate of Occupancy from the Authority Having Jurisdiction. CX services are further recommended to ensure peak building performance is achieved for all systems consuming energy. 4. Construction cost—preparation of one conceptual estimate by an independent construction cost estimating specialist for the new building and related site improvements. It will be an "opinion of probable cost", subject to fluctuations in market pricing, bid requirements and timing, differences in design and scope of work, and etc. Cost estimate will not include line items for identification, testing or removal of asbestos or any other hazardous materials— owner is to obtain these cost estimates directly from specialty contractors. C. COMPENSATION See attached Fee Schedule dated March 1, 2024. C. CLARIFICATIONS & EXCLUSIONS 1. The City's Contract for Professional Services (see attached sample)will be the form of agreement, including adjustments for the following: a. ARTICLE III -COMPENSATION, 3.7: Similar to Section VI I, clarify that this indemnification would be for matters arising out of the negligent or willful actions or omissions in performance of the services by the Consultant. b. ARTICLE V-OPINIONS OF COST, 5.1: Due to volatility of construction markets in recent years, we recommend that a CM/GC be included as early as possible in the team. Our opinions of probable cost would be based on assumed costs per square foot.We did this regularly in previous times, but the method has not been adequate in the current market. 2. Clarifications of Professional Services: a. See Exhibits Al, A2,A3, A4,A5,A6 and A7 for clarifications of additional services not included in this proposal. b. Request by Owner to commence each new phase of service shall constitute approval of programming, budgets, design, material selections, etc. from prior phases. c. Land surveying included in the civil engineering services will be for topographic and utility investigations needed for the new design. The following will not be included: boundary surveys, ALTA land title surveys, or construction surveys. d. Consultants as become needed for laboratory and field testing shall be provided by consultants retained directly by Owner, including: Oso Golf Center(Club House—Project No. 23165) Design Proposal j-,.,,,- Fy 19 7n7^ March 1, 2024 (revision) Page 3 - geotechnical engineering investigation - concrete testing - weld and bolt testing - hazardous material investigation of existing building (asbestos, lead paint, etc.) e. As-built investigations of existing structures are not included (measured drawings, HVAC equipment, kitchen equipment, etc.) f. Parking lot and entry drive are assumed to remain in current locations with new work to consist of resurfacing and re-striping. g. Renovation of golf course areas is not included. h. Planning&Zoning Dept. submittals, exhibits, planning staff meetings, public process, community engagement, etc. are not included. i. Services are expected to be provided within a timeline reasonably similar to the attached schedule. 3. Fees and Expenses: a. Proposed fees shall not be exceeded without Client's prior written authorization. b. Reimbursable Expenses shall be paid in addition to the fees for services, based on the actual costs times a total multiplier of 1.10. Reimbursable expenses include all actual expenditures made in the interest of the project, including, but not limited to: meals, lodging, parking and transportation when traveling; reproduction of drawings, specifications, and reports; postage,facsimile, and other document delivery costs; and other incidental out of pocket expenditures on behalf of the project. Oso Golf Center(Club House—Project No. 23165) Design Proposal @R 1ar„ 19, 2 March 1, 2024 (revision) Page 4 PROPOSED PROJECT TEAM We propose the following project team,to provide timely and professional services with engineers and consultants we have worked with on past projects and/or know to be outstanding professionals in their fields: ARCHITECTURE AND INTERIOR DESIGN Z Design Group LLC Boulder, CO INTERIOR DESIGN Z Design Group LLC Boulder, CO In collaboration with Consultant for Furnishings (FF&E)& Interior Finishes: J. Kattman Associates, LLC Golden, CO FOODSERVICE DESIGN CONSULTANT Edward Don &Co. Austin,TX& Denver, CO LANDSCAPE ARCHITECTURE E. Mitchell Wright, ASLA (Vista Planning & Design) Austin,TX CIVIL&STRUCTURAL ENGINEERS/TDI WINDSTORM INSPECTIONS Lynn Engineering Bay City &Corpus Christi, TX MECHANICAL& ELECTRICAL ENGINEERS DBR Engineering Austin,TX&Corpus Christi,TX COST CONSULTANT DRH Consulting Highlands Ranch, Colorado Although not included in this Proposal, if needed,the following consultants are recommended for their specialized areas of expertise: INTERIOR PURCHASING SERVICES KBK Procurement Nacogdoches,TX ENERGY&SUSTAINABILITY SPECIALIST Group 14 Engineering Denver, CO Oso Golf Center(Club House—Project No. 23165) Design Proposal @RY y 19 7n7^ March 1, 2024 (revision) Page 5 We are very pleased to be considered and excited about the prospect of contributing to the success of the new and improved clubhouse facilities at Oso Golf Center. We sincerely hope this proposal meets with the City's approval. Please do not hesitate to contact us if you have any questions, wish to discuss our proposal or require additional information. If approved,this proposal agreement shall serve as our interim agreement in order to begin providing design services immediately. If this proposal is acceptable, please indicate your approval by signing and returning one copy of this agreement. Respectfully submitted, Authorized By: Z DESIGN GROUP LLC OWNER 4i!y�= Jeffrey Fos Signature Date Principal & General Manager Company Attachments: Exhibits Al-A7, 3/1/24 Fee Summary, 3/1/24 Name Space Programming Worksheet, 12/19/24 Project Timeline, 3/1/24 Title cc: ZDG Accounting Z Design Group LLC OSO GOLF CENTER-CLUB HOUSE Billing Contact Info: CITY PROJECT NO.23165 Sarah Woods,Business Mgr FEE SUMMARY svwoods(zdesigngroup.net 3/1/24 (303)618-4804 mobile Original Amendment Total Contract No. Contract Basic Services Architecture Program&Site Studies $23,000.00 $0.00 $23,000.00 Schematic Design Phase $65,000.00 $0.00 $65,000.00 Design Development Phase $82,000.00 $0.00 $82,000.00 Construction Documents Phase $118,000.00 $0.00 $118,000.00 Permit/Pricing Phase $16,000.00 $0.00 $16,000.00 Construction Phase Services $48,000.00 $0.00 $48,000.00 Interior Design Design Phase $37,500.00 $0.00 $37,500.00 Construction Documents Phase $30,000.00 $0.00 $30,000.00 Permit/Pricing Phase $1,500.00 $0.00 $1,500.00 Construction Phase Services $6,000.00 $0.00 $6,000.00 Foodservice Design Design Phase $7,000.00 $0.00 $7,000.00 Construction Documents Phase $9,000.00 $0.00 $9,000.00 Permit/Pricing Phase $1,000.00 $0.00 $1,000.00 Construction Phase Services included included Landscape Architecture Schematic Design Phase $10,320.00 $0.00 $10,320.00 Design Development Phase $7,680.00 $0.00 $7,680.00 Construction Documents Phase $4,800.00 $0.00 $4,800.00 Bid Phase $1,280.00 $0.00 $1,280.00 Construction Phase Services $2,480.00 $0.00 $2,480.00 Civil&Structural Engr.&Windstorm Insp. Topo Survey $5,130.00 $0.00 $5,130.00 Civil Engineering(SD,DID,CD) $25,650.00 $0.00 $25,650.00 Structural Engineering(SD,DID,CD) $46,170.00 $0.00 $46,170.00 TDI Windstorm Inspections $20,520.00 $0.00 $20,520.00 Permit/Pricing Phase included included Construction Phase Services included included TDI Windstorm Inspections $20,520.00 $0.00 $20,520.00 Mechanical&Electrical Engineering Design Phase $16,000.00 $0.00 $16,000.00 Construction Documents Phase $22,000.00 $0.00 $22,000.00 Permit/Pricing Phase $2,000.00 $0.00 $2,000.00 Construction Phase Services $12,000.00 $0.00 $12,000.00 Subtotal-Basic Services $640,550.00 $640,550.00 Supplemental Services Renderings-building exterior(gly.2) $6,000.00 $6,000.00 Renderings-interior spaces(gty.2) $6,000.00 $6,000.00 Technology/AV/Security Services $10,000.00 $10,000.00 IECC Commissioning $10,000.00 $10,000.00 Subtotal-Supplemental Services $32,000.00 $32,000.00 Summary of Fees: Basic Services $640,550.00 $640,550.00 Supplemental Services $32,000.00 $32,000.00 Total of Fees $672,550.001 1 $672,550.00 Note:Reimbursable Expenses shall be in addlion to fees for services. — OSO GOLF CENTER-CLUBHOUSE December 19,2023 0 SPACE PROGRAMMING WORKSHEET Enclosed Outdoor Covered Quantities Size SF Quantities Size S Notes ENTRY I RECEPTION Porte Cochere/Entry Porch 300 entry porch,no porte cochere Entry Lobby 300 Restrooms Mens 2 sink,2 ur,3 we 240 Ladies 2 sink,3 wc,1 van 210 Janitor Closet 20 FOOD&BEVERAGE Dining Room&Bar Area seating 60 1,200 seating 20 500 Main Kitchen,Server Station,Storage 1,600 Chef's Office 80 Snack Bar for Golfers at Turn none 0 TOURNAMENT 1 EVENT FACILITIES Event Space Seating Area seating 150 2,200 Restrooms Mens 2 sink,2 ur,1 we 175 Ladies 2 sink,2 wc,1 van 175 Server Station,Service Bar,Catering Room 300 Storage:Table/Chairs,Plates/Tableware/Props,Etc. 200 GOLF OPERATIONS Golf Shop,Fitting Room,Storage 1,000 Pro's Office(2 workstations) 200 Asst Pro/Workroom,Storage 250 Cart Storage&Repair 0 separate building Hospitality Cart Supplies,Ice Machine 0 separate building OTHER STAFF&SUPPORT AREAS Staff Restroom 100 Receiving,Timekeeping,Lockers include Mech/Elec/Data Rooms 200 Elevator include TOTAL Subtotal-Functional Spaces Above 8,450 800 Grossing @ 1.18 1,520 0 TOTAL 9,970 800 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit Al BASIC SERVICES—ARCHITECTURE The following is a summary of architecture services: Programming Consult with Owner's project team to assist in determining the scope and sizes for facilities in the project. Prepare a summary of site development and functional space program. Site Option Studies Preliminary site analysis of slopes,landscape,sun,wind and views;study of potential building locations; preparation of comparative layout studies for the building site to coordinate with golf course routing,site survey and information from other project consultants of the Owner. Up to 3 alternative options are assumed for this proposal. Schematic Design Phase During the Schematic Design(SD)services,the approved Programming and Site Option Studies will define the required functions of the project and include estimated square footage of each usage type and any other elements that achieve the project goals. Architect will develop study drawings and other documents that illustrate the concepts of the design and include spatial relationships,scale,and form for the owner to review. This phase produces a final schematic design,to which the Owner agrees after consultation and discussions with the Architect. Costs will be estimated by a qualified cost estimator in consultation with the Owner and Architect. Design Development Phase Design development(DID)services will utilize the approved schematic phase and develop further, including starting to lay out mechanical,electrical, plumbing,structural,and architectural details. Drawings will be in Revit or AutoCAD format and will begin to specify design elements such as material types and location of windows and doors. The completed DID phase will be presented to Owner for approval. If there is a Preconstruction Contractor retained by the Owner,then Architect will consult for the Preconstruction Contractor's cost estimating,scheduling and etc. Construction Documents Phase When the Owner is satisfied with the DID submittal,the Architect moves forward Construction Document services(CD), producing drawings with greater detail. Included will be a specification manual for construction details and materials. Once CD drawings and specifications are produced,the Architect will provide to Contractor(s)for use in permit plan review and construction pricing. Construction Phase Services Permit&Pricing:The first step of the construction phase is to assist in the process of competitive bidding and negotiated proposals including,for example,advertisement for bids, instructions to bidders, bid form, bid documents,owner-contractor agreement, labor and material payment bond,and etc. Assist Owner in evaluating the bids and selecting Contractor. Construction Administration(CA): CA services begin with the initial contract for construction and terminate when the final certificate of payment is issued. Questions may arise on site that require the Architect to develop written responses, sketches and drawings issued after construction documents have been released that offer additional clarification to finish the project properly. ADDITIONAL SERVICES—ARCHITECTURE The following services not in the scope of this agreement are available as Additional Services: 1. Services beyond those outlined above as Basic Services 2. Services connected with preparation of documents and construction administration for alternate bids or for segregated contracts for phased or"fast-track"construction(up to 3 packages are included in basic services) 3. Services connected with changes in governmental regulations. 4. Detailed design for future expansion 5. Design changes to accommodate pre-existing conditions discovered during construction Exhibit Al —March 1,2024—Page 1 of 2 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit Al BASIC SERVICES—ARCHITECTURE(continued) 6. Preparation of shop drawings normally prepared by Contractor and its subcontractors 7. Redesign to accommodate contractor means and methods 8. Providing design and details for repair of defective or damaged construction 9. Startup costs and cost escalation associated with delays in the design or construction process 10. Detailed as-built drawings(other than"conformed drawings"that include changes by addendum, RFIs and change orders). 11. Design Professional will not pay for any review fees, property taxes, improvement fees or any other fees that are typically paid directly to the county by the applicant. 12. Renderings and Computer Imaging by third-party Professional Illustrators 13. Scale Models and Computer Animations 14. Selection of start-up operating items and equipment—tableware, kitchen cookware, linens, uniforms,trash cans, fittings for shop fixtures,telephone system,televisions,audio-visual systems,etc. 15. Sustainable design consulting services(LEED certification,etc.) Exhibit Al —March 1,2024—Page 2 of 2 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A2 BASIC SERVICES—INTERIOR DESIGN The following is a summary of interior design services: Interior Architecture: Provide interior architecture services including: interior finishes,flooring, interior ceramic tile& stone,doors/frames/hardware,fireplaces&surrounds,running/standing trim,ceiling trim&decorative beams, ornamental metal, interior stone&cast stone, interior glass&mirrors,toilet accessories,decorative plumbing fixtures/faucets/trim,etc. Full Construction Phase services through to completion of construction will be included. Furnishings&Fixtures(FF&E): Provide interior design services including:design and specifications for all furnishings, carpet,wall coverings,window treatments,custom casework&countertops,golf shop control desk(custom), retail store fixtures(assist selection of stock fixtures), interior signage,artwork&framing,accessories,artifacts, interior custom/decorative lighting,etc.from design through installation. FF&E purchasing services are available. Phases of work for the interior design services will include the following: Schematic Design Phase In the Schematic Design, proposed interior design concepts and options will be presented to the Client,including: plans indicating conceptual layouts for furnishings and fixtures;visual images and samples to establish the design concept;and preliminary FF&E estimate. Design Development Phase The Design Development will be prepared based on Client confirmation and approval of the Schematic Design. It is intended that the ID Design Development will be submitted to Client at the same time as the Architectural Design Development Phase. Components for Design Development are to include: ■ Floor finish plan ■ Reflected ceiling plan ■ Interior elevations,casework/millwork elevations ■ Furniture plans and selections ■ Update FF&E estimate Contract Documents Phase Based on the approved Design Development and any further adjustments to the scope,quality or budget,Contract Document drawings and specifications will be prepared to set forth requirements for the interior finishes and furnishings for the project. These documents will be intended for use in purchasing and bidding. Components for Contract Documents are to include: ■ Floor finish plan ■ Reflected ceiling plan ■ Interior elevations,casework/millwork elevations ■ Casework/millwork details,other interior details ■ Door hardware selections(detailed schedule to be prepared by supplier and submitted for review) ■ Finishes schedule ■ Furniture plans and specifications ■ Update FF&E estimate Contract Administration Phase Services are to include: ■ Periodic site observations and field reports ■ Review shop drawings ■ Clarify interior architecture and FF&E details ■ Assist in supervising installation of furnishings and fixtures ■ Prepare and submit record document of FF&E as installed Notes: - FF&E purchasing services are not included. Exhibit A2—March 1,2024—Page 1 of 1 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A3 BASIC SERVICES—FOODSERVICE EQUIPMENT DESIGN The following is a summary of foodservice equipment design services: Phase 1: Design&Development Preliminary Programming and schematic design planning services shall include preliminary development of the kitchen space/bar area and will include the following services: • Initial design meeting with principal owner and designer resulting in preliminary kitchen layout • Schematic design of kitchen layout • Two meetings to review and refine schematic kitchen layout • Client approval to move to production drawings Phase 2: Production Construction Documents services shall include final development of the Design Area and will include the following drawings and documentation as required for permits and approvals. • Equipment layout drawings • Equipment specifications • Electrical spotting plan • Plumbing spotting plan • Special conditions/slab penetrations plan • Interior elevations • Hood exhaust plan Phase 3: Construction Construction support shall include allowance for consultant,engineer,and/or architects' RFI's. ADDITIONAL SERVICES Reimbursable/additional expenses include but are not limited to: • Services for trips and site visits beyond 3 included in basic services • Custom casework/equipment design • Additional changes due to revisions to building or space if any occur after notice to proceed with CD phase. Exhibit A3—March 1,2024—Page 1 of 1 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A4 BASIC SERVICES—LANDSCAPE ARCHITECTURE The following is a summary of landscape architecture services: 1. Schematic Design Phase Initial Project Setup To launch the project,the team consisting of landscape architect(LA)and select leaders will meet to discuss schedules,timelines,scope,and set milestones and meeting dates. During this first meeting, it is anticipated that LA would be introduced to the site and tour around. On site LA will photograph the site conditions,drone fly the surrounding area,take notes on existing successful plant materials including trees species. Soil samples collected and local elements to be noted. Existing Conditions&Base Data Compilation To begin, LA will need all available data on the site. Information needed will be detailed topographic information, preferably in digital form.All mapping that shows roads,trail,existing facilities, land cover,ecological and cultural data including threatened species or sensitive sites, utilities,and any future development programs that might be known such as roads. Once assimilated into LA's formatting then additional data can be input such as high resolution aerial photography.With maps in hand, LA anticipates two trips to the site to photograph and look at the features while working on mapping key areas and concepts. Opportunities will be noted as they are observed at the same time informing the first planning and educational components. Conceptual Plan This portion of phase one is to develop the plant data and then apply the data to a conceptual plan that groups plants beyond aesthetics by watering requirements to developing a baseline of data to inform an irrigation designer/ installer.The plants will be vetted for appropriateness on the site and based on the approach of being exclusively native if possible. Other landscape non-native material deemed successful there will be considered as necessary for a successful design. 2. Design Development The design development stage will center on translating the previous stage data and design concepts into a technical drawing with labels and plant schedules.To begin, LA will ensure that the latest architectural plans are incorporated and up to date. Other quantifications will be included such as paved surfaces, mulches,etc. 3. Construction Documents After the design development is completed,the drawing set will advance with all supporting information including details,specifications and schedules of materials. Once completed,a review of all documents will take place including coordination with architectural. 4. Bid Phase Services Once the construction documents are prepared, LA will support the architect with any bid document information necessary. During the process,any requests for information that come up pertaining to the CD package prepared by LA will be answered and all questions and commentary will be documented. 5. Construction Phase Services LA will attend the preconstruction meeting prior to the commencement of construction and answer any question, describe the landscape generally and discuss the irrigation strategy and watering requirements of plants. Exhibit A4—March 1,2024—Page 1 of 2 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A4 6. Exclusions:- • Slopes or ADA analysis • Site layout of elements under architect's scope • Reproduction, materials cost or time • Additional site concepts after the Final Concept has been approved • Perspectives, 3D models,and other renderings • Addition of land area beyond the immediate clubhouse and monument sign areas • Wayfinding sign package or other signs • Educational interpretation or signage Exhibit A4—March 1,2024—Page 2 of 2 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A5 BASIC SERVICES—CIVIL ENGINEERING&SURVEYING Based upon our understanding of your needs,the Construction Plans contain all the necessary design plans required for the construction of the project. Upon approval of these plans,your project may begin construction of the site work improvements subject to building permit approval. 1. Dimensional Control Site Plan: Lynn Engineering shall prepare a Dimensional Control Site Plan to comply with City of Corpus Christi development codes as part of the Engineering Plans submittal package and will include the following: • Location of the proposed building and project sign location. • Parking layout,striping,and island which will conform to the County zoning ordinance based on use as indicated in the parking regulations. • Trash dumpster location with type of screening and if pick up is provided by either County sanitation or private contract will be indicated.The Engineer will verify that the proposed location,gate size,and turning radius will conform to their requirements. • Site striping,fire lanes, handicap spaces,and directional arrows will be indicated on the site plan. • Sidewalk configuration will be indicated on the site plan including any sidewalk within the right-of-way along the frontage of the property, if required. • Site lighting will be shown as directed by the owner or as shown on a standard site layout plan. 2. Demolition Plan:The Engineer will prepare a plan showing the removal of all required pavement, buildings,site lighting, retaining walls,sidewalks,fencing, planters,and bollards.This plan will indicate areas where utilities are shown on the survey to caution the contractor and ensure they are protected. 3. Drainage Area Map:This plan will be drawn at a scale of 1"=100 feet or larger. It includes such items as acres, runoff coefficient and rainfall intensity for each drainage area, inlets,their size and location,the flow for each,direction of flow indicated by flow arrows,the centerline station,chart including data shown shall be submitted with the first review and included on the map with the final review,existing and proposed storm sewers,subareas for alleys,streets and offsite areas, points of concentration, runoff to all inlets,a table for runoff computations,flow arrows to indicate all crests,sags and street and alley intersections, north arrow,scale,any offsite drainage included,streets and street names, 100-year floodplain;drainage divides and contours at two(2)feet or less. 4. On-Site Utility Plan(Water and Sanitary Sewer Plan&Profiles): Lynn Engineering will prepare an On-Site Utility Plan in conformance with the client approved Site Plan and Corpus Christi requirements. The Site Utility Plan will include existing and proposed water mains(including size and valve locations),water meter size and location,existing and proposed wastewater mains(including size, manholes,and cleanouts),wastewater services size with cleanout at property line,existing and proposed utility easements,existing and proposed fire hydrants, (including any nearby off-site hydrants),existing and proposed fire lines and appurtenances, location and size of irrigation meters,and location of electrical transformers,and easements. Site Utilities will be brought to within 5'of the building and will be coordinated with the MEP Engineer to connect to buildings. This Site Utility Plan does not include improvements for franchise utilities—gas,electric,telephone or cable television. We have assumed that the existing on-site water and wastewater utilities are adequate and that no lift station or OSSF design is required.We have also assumed that all services are available,and no off-site improvements will be required. 5. Erosion&Sedimentation Control Plan: Lynn Engineering shall prepare a Pre-development and Post-development Erosion Control Plan which meets the current Corpus Christi and Federal EPA design criteria.This plan will include the silt fence,a construction entrance,and the design of a temporary sediment basin as required by the federal EPA. 6. Grading Plan: Lynn Engineering shall prepare a Grading Plan as part of the Construction Plans in conformance with the Clients grading criteria and the approved layout.The Grading Plan shall include existing contours,existing/ proposed rights-of-way, paving,drainage structures,drainage swales, pads,flow arrows,spot elevations, pad elevations, lot and block numbers,and easements. Exhibit A5—March 1,2024—Page 1 of 2 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A5 7. Construction Plans Processing: Lynn Engineering shall submit the Construction Plans package which includes applications,tax maps,tax certificates,drainage reports,drawings,etc.to Corpus Christi for review. Lynn Engineering shall coordinate with various staffs for the purposes of obtaining a permit approval and attend meetings with the Client,consultants and public agencies as necessary in order to expedite the approval of the Construction Plans. 8. Topo Survey: Perform on an on the ground survey to pick up all but not limited to: property corners,existing utilities, edges of pavement,existing grades, building finished floors, FEMA effective floodplain boundary,and locate all trees on the site. ASSUMPTIONS/EXCLUSIONS(CIVIL ENGINEERING&SURVEYING) 1. There are no political or environmental issues associated with this site. 2. Existing parking lot will remain as is. 3. No variances will be required. 4. The Client will provide all fees for submittal, processing and permits. 5. No retrofit of existing ponds, if any,will be required. 6. The site is clear of obstructions. 7. Excludes project specifications. 8. Excludes FEMA studies or CLOMR, LOMR,survey or support required for these items. 9. Excludes Traffic Impact Analysis or any traffic studies. 10. Excludes engineering for any off-site streets,turn lanes,and deceleration lanes. 11. Excludes any Corp of Engineers Permitting. 12. Excludes any lift station or pump station design. 13. Excludes subsurface investigation or pot-holing of existing facilities. 14. Excludes downstream drainage assessment and detention. 15. Excludes, landscape,or screening wall design services. 16. Excludes photometric analysis. 17. Excludes Alta surveys,offsite easements,easement abandonment,and legal exhibits. 18. Excludes off-site drainage studies. 19. Excludes off-site water,sanitary,and storm drain design. 20. Excludes any OSSF site plan. 21. Excludes Wetlands Delineation or Mitigation. 22. Excludes Pad Map. 23. Excludes As-Builts Exhibit A5—March 1,2024—Page 2 of 2 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A6 BASIC SERVICES—STRUCTURAL ENGINEERING&TDI WINDSTORM INSPECTIONS Consultant will provide structural design for a<10,000 SF,Type V,2-story clubhouse,TDI windstorm inspections,TDI certification services,and review the required design submittals. The design will be in coordination with other subconsultants. 1. Geotechnical Investigation: Consultant will retain a specialist subconsultant for geotechnical investigation assumed to include three(3)borings 25-ft deep and recommendations for foundations and pavements. 2. Foundation Design: Conduct a thorough review of geotechnical report to assess soil conditions and foundation requirements. Provide detailed design calculations and drawings for the concrete foundation,ensuring compliance with local building codes and industry standards. Incorporate any specific project requirements and considerations into the foundation design. 3. Framing Design(Type V Construction): Develop structural framing plans for the project,assumed wood framing construction methods in accordance with Type V construction standards. Consider load-bearing requirements, architectural constraints,and other relevant factors specific to wood frame construction. Provide detailed construction drawings and specifications for the approved wood framing design. 4. Wind Load Analysis: Conduct a comprehensive wind load analysis in accordance with the latest applicable building codes and standards,considering the impact on wood framing. Evaluate and address the impact of wind forces on the structure to ensure its stability and resilience. Integrate appropriate design modifications to mitigate wind-induced challenges specific to wood framing. 5. TDI Windstorm Site Inspections and Certification: Perform site inspections during the construction phase to ensure all structural components are being installed per the design drawings. Provide inspection updates and findings with recommendations for improvements or reinforcements required to meet Texas Department of Insurance(TDI) windstorm standards. 6. Entry Monument Sign: Develop a structural design for a new monument sign,ensuring it complies with aesthetic requirements and load requirements. Incorporate the necessary structural elements to withstand environmental conditions, including wind loads. Deliver detailed drawings and specifications for the construction of the monument sign. ASSUMPTIONS/EXCLUSIONS(STRUCTURAL DESIGN &TDI WINDSTORM INSPECTIONS) 1. Structural design of any prefab trusses will be considered a deferred submittal and will be designed and supplied by the truss manufacturer. 2. It is assumed the Owner,or the construction contractor,will coordinate with Consultant for all required site inspections. 3. The design will be based on the federal,state,and local codes and standards in effect at completion of the basis of design.Any changes in these codes may necessitate a change in scope. 4. All Owner provided drawings will be relied upon to be accurate for design and inspection purposes, based on reasonable verification of the accuracy by the Consultant. 5. It is assumed all submittals will be sent via electronic searchable PDFs 6. It is assumed the Consultant will attend design coordination meetings with Owner at least monthly during the Construction Phase,and that Owner,or the project manager,will lead and provide the agendas and minutes for these meetings. 7. Owner will provide Consultant with any Addenda and potential changes of the scope of work,so updated deliverables are presented after an agreed upon time frame and fee. 8. Addenda or plan revisions are subject to change the scope of work,delivery timeline,and fees set forth in this document. 9. All correspondence will be made out to Owner unless instructed otherwise. Exhibit A6—February 26,2024—Page 1 of 2 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A6 10. It is assumed that Owner will coordinate with all trades to correct any deficiencies that are pointed out by the Consultant for the duration of the project. 11. The Owner will notify and schedule the Consultant to inspect corrected deficiencies that were previously observed. 12. Project coordination outside of Geotechnical Investigation,Structural Design and Windstorm Inspections is excluded from the Consultant's scope of work. 13. It is assumed that the Owner will provide safe access for all inspections according to OSHA requirements. 14. It is assumed that Owner will provide safe access for inspection if there are area(s)needed to be seen about eighteen (18)feet off the ground or greater. Exhibit A6—February 26,2024—Page 2 of 2 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A7 BASIC SERVICES-MECHANICAL&ELECTRICAL SCOPE OF SERVICES Only services marked with an "X"are included in the Scope of Services. Services not marked can be provided as Additional Services if requested. Services not listed are excluded. Disciplines included in Scope of Services: ® Control Sequences(Drawings) (See following sections for specific task) ❑ Operating Room(Special Temperature/Relative Humidity) ®Mechanical ®Electrical ®Plumbing ❑Fire Protection Construction Document Phase(Electrical,Div.26): ®Security ® Power Plans ®Information Technology ® Lighting Plans(Interior) ®Audio-Visual ® Lighting Plans(Exterior) ❑Commissioning ® Panelboard Schedules ❑LEED ® Load Analysis ❑Sustainability ® One Line Diagram ❑Building Assessment ®Schedules ® Details Document Submittals: ®Site Power and Lighting ®Schematic Design(SD) ® No generator and backup power system included. ®Design Documents(DD) ® Emergency Lighting and Power with Battery backup ®Construction Documents Review-50%90% ❑Construction Documents Review-90% Fire Alarm(Div.28): ®Single CD issuance,Single Package for Bid, Permit ® Performance specifications only Construction ❑ Performance specification with DBR providing Fire Alarm ®Single Package drawings only,Site Development and Layout multiple release or early procurement packages not included. Additional package issuances will be invoiced a minimum of Fire Sprinkler(Div.21): $1500 per package ❑ Performance specifications only ❑Issue for Construction ❑ Pump Design with performance specification ❑Design based on prototype ❑ Pump with Tank and performance specification ❑Bridging Documents(DD Level) ❑Design Narrative Construction Document Phase(Plumbing, Div.22): ® Piping Plans Specification Format: ® Risers ❑Sheet Specifications ®Schedules ®Book Specifications per CS12004 or later ® Details ® Calculations Construction Document Phase(Mechanical,Div.23): ®Site Natural Gas by Civil or Utility. DBR indicates point of ®Duct Layout entry to building only. ❑Piping Layout ❑ Medical Gases ®Final Specification ❑ Compressed Air ®Mechanical Details ®Mechanical Schedules Construction Documents(Technology) ®Mechanical Calculations ®Control Sequences(Specifications) IT Structured Cabling(Div.27): Exhibit A7-March 1,2024-Page 1 of 5 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A7 ❑Infrastructure only* ❑Coordinate with 3'd party IT Consultant ®Full system design and specification ❑Coordinate with 3'd party Security Consultant ❑Coordinate with 3'd party Lighting Consultant * For systems with infrastructure only services, engineering ❑Coordinate with 3'd party Audio Visual Consultant service includes planning and documenting(via drawings)the ❑Coordinate with 3'd party Commissioning Agent field device locations,equipment room or enclosure's size ®Coordinate with 3'd party Kitchen Consultant and locations,all underground and interior pathway required, ❑Coordinate with 3'party Theatrical Consultant and coordination with other trades on power,cooling and ❑Coordinate with 3'd party Pool Consultant clearance requirements. ❑Coordinate with 3'd party Acoustical Consultant IT Network Equipment(Div.27): Building Commissioning: ®Specification and equipment list for network switches,servers ®IECC Commissioning ®Specification and equipment list for Wifi Access Point devices ❑LEED v4 Fundamental Commissioning and Verification ❑Specification and equipment list for Telephone handsets ❑LEED v4 Enhanced Commissioning and PBX equipment ❑ Whole Building Commissioning ❑Retro-Commissioning Integrated Audio-Video System (Div.27): ❑Re-Commissioning ❑Infrastructure only ❑CHPS Commissioning ®Full system design and specification ❑Functional Testing ❑AV spaces included: ❑AV spaces excluded: Project exterior, including patios,due Bid/Negotiations Phase: to environmental impacts affecting system operation. ❑Assist with value engineering ❑Respond to request for information(RFIs) DAS System (Div.27): ❑Contractor Interviews ❑Cellular and Emergency Radio DAS(Distributed Antenna system)performance specification Construction Administration Services(Hourly): ❑Cellular and Emergency Radio DAS Equipment room space ®Shop Drawing Review planning and coordination ®Respond to RFIs ❑Site Investigation prior to design Intercom/PA System (Div.27): ❑General site observations with report ❑Infrastructure only ®Final Punch List ❑Full system design and specification ®As-Builts(PDF and CAD) Master Clock System(Div.27): LEED: ❑Infrastructure only ❑Integrate Process Design/Early Energy Modeling ❑Full system design and specification ❑Energy Modeling ❑Consulting/Administration Nurse Call(Div.27): ❑MEP Documentation ❑Infrastructure only ❑Daylight Simulation ❑Full system design and specification ❑Life Cycle Cost Analysis Security-Intrusion Detection System (Div.28): Sustainability: ❑Infrastructure only ❑Energy Modeling(Local Jurisdiction Compliance) ®Full system design and specification ❑Energy Modeling(Incentive Program/PACE) ❑Energy Star Cost Analysis Security-Access control System(Div.28): ❑Life Cycle Cost Analysis ❑Infrastructure only ❑Energy Star ❑Full system design and specification Other Services: Security-Video Surveillance System(Div.28): ❑Bond Study ®Infrastructure only ❑Facility Assessment ❑Full system design and specification Meetings and Travel Time: Coordination Services: Exhibit A7-March 1,2024-Page 2 of 5 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A7 ❑ Perform zero(0)initial general site observation to review ❑LOD:100 existing conditions ❑LOD:200 ®Attend 7(SD/DD/CD Levels) design coordination meetings ❑LOD:300 ❑Attend zero(0)pre-bid meetings ❑LOD:350 ❑Attend zero(0)bid opening meetings ❑N/A ❑Attend(11)site observations with a report for each (hourly services only based on NTElimit) Project Delivery Method: ® Perform (1)site observation visit with final punchlist at ® Traditional-Design, Bid, Build substantial completion(Hourly services only based on NTE ❑Construction Manager at Risk limit) ❑Competitive Sealed Proposals ❑Design Build Compliance Documentation: ❑Design Assist ❑ASHRAE 90.1 or IECC Energy Code compliance form ❑lob Order Contract completion(prescriptive path only) ❑Negotiated Contract ❑ Unknown at this time BIM: ❑Not Applicable ❑ Provides DBR BIM Execution Plan ❑ Export and provide clash detection files(.nwc) ❑ Perform scheduled in-house clash detections ❑ Host in-house BIM coordination meetings ❑ N/A Levels of Development(LOD)PO AIA G 202-2013: Additional Services(Not Included in Fee,cost indicated below if requested): • Coordination with Lighting Designers(DBR base proposal is based on DBR led and produced Lighting Plans) • Lighting control pre-construction shop drawings(DBR base proposal includes DBR standard lighting control design) • Navisworks, Clash detection(DBR performs basic clash detection at design, but does not produce Navisworks BIM/construction clash models as basic scope of services) • Fire pump(including break tanks,storage tanks,buffer tanks and similar) • Fire Alarm design on Construction documents. Fire Alarm will be furnished as a Delegated Design via Performance Specification. • Value Engineering. • Early Procurement drawings • Multiple Issuances or permits(sometimes referred to as multiple"packages") • Extended Construction Schedule. • Additional Construction Meetings. • Additional Design Meetings due to change of scope. • Project delays.(pause in design and/or construction of 90 Days or more) • Continuing to respond to RFIs that just refer to where the information can be found in documents. • Insufficient work from contractor. • Cost Estimations • More than two(2)shop drawing reviews per product. • System comparison or evaluation of systems. • Envelope compliance documentation. • Storm,Sanitary and Domestic water greater than 5'outside of building. • Construction Estimating. • Sub-surface drainage. • Modification to base building utilities not within tenant space. • Lightning protection. ($1500 flat fee if added to project scope) • As-Built Drawings. Exhibit A7-March 1,2024-Page 3 of 5 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A7 MEPT AND IECC COMMISSIONING DESCRIPTION OF SERVICES AND HOURLY RATES: 1. Schematic Design stage: shall include one teleconference meeting with the Owner and Architect, to determine MEPT system selections,area requirements,and preliminary equipment location. 2. Design Development stage: shall include two teleconference coordination meeting with the Project Architect to optimize on MEPT equipment area requirements, preliminary A/C and electrical calculations and research into any applicable code requirements. 3. Construction Documents stage: shall include four teleconference meetings and the preparation of mechanical, electrical, and plumbing drawings and specifications suitable for bid purposes. Also included in this stage is coordination of all MEPT systems in the building with the architectural and structural construction documents. 4. Bid Negotiations stage: Assist with responding to Contractor selection and Contractor pre-bid questions. We will also produce drawing revisions based on questions produced during this stage. Value Engineering changes that require design modifications are not included. 5. Construction Administration stage(Hourly):shall include the review of all MEPT shop drawings and responding to RFIs.And shall include 12 periodic job site visits when requested by Architect,or regularly scheduled. Additional site visits in excess of this value requires extending NTE values for this stage of services. We will provide documentation of all construction job site visits. Additional services:TECHNOLOGY,AV,SECURITY: 1. Design of a scalable Technology systems infrastructure to support building Communications, AV, video surveillance, intrusion detection,and future needs. a. Design per TIA standards compliant copper and fiber optic cabling system to facilitate distribution of all technology systems between service entrance rooms, main telecommunications rooms, floor telecommunications rooms. This consists of the cabling design and space planning in telecommunications rooms for all building services which would include telephone/data connectivity throughout the building and wireless data systems b. Design an integrated audio-video system for conference rooms, bars and dining spaces. The system will feature a video display or display(s) sized appropriately for the specific venue, local sound reinforcement within the space, and integrated control of audiovisual equipment. c. The design of a new infrastructure (specification of specific system components omitted)for intrusion detection and video surveillance systems shall include head end control devices and all field devices. The design of video surveillance system infrastructure will allow the observance of interior and exterior public areas and other areas of interest throughout the facility, after a owner-procured vendor provides hardware to complete the system. DBR includes infrastructure only, no 'parts and smarts'.The design of the intrusion detection system will provide infrastructure for motion sensors,and/or glass break sensors to monitor building intrusion,and alarm keypads at strategic locations to alarm or dis-alarm the building.This system will be based upon the owner's program of requirement and needs. Additional Services: IECC COMMISSIONING: shall include all tasks and deliverables required to meet the requirements the International Energy Conservation Code,Section 408. 1) Design Phase: • Develop a preliminary commissioning plan to be shared with construction team. • Provide a commissioning specification for inclusion in the project manual. 2) Construction Phase: • Develop the final commissioning plan. • Develop and review installation verification checklists. • Conduct commissioning kick-off meeting and subsequent commissioning meetings as required. • Perform site visits to review equipment installation. • Perform one (1) return visit to the project once the deficiencies have been addressed to verify, they are completed. Conduct functional performance testing of commissioned systems. Exhibit A7—March 1,2024—Page 4 of 5 Oso Golf Center(Club House Project No.23165) Corpus Christi, Texas Owner-Architect Agreement Exhibit A7 i.Mechanical system equipment: • Air distribution system (Air Handling Units and a 25%sampling of terminal units). • HVAC controls system • Economizers ii.Electrical lighting control system equipment: • Occupancy sensors • Time-switch controls • Daylight responsive controls iii.Plumbing • Domestic water heating controls • Water heating system controls 3) Documentation deliverables: • Preliminary commissioning report. • Final commission report. • Systems manual. 4) General Requirements: • Any additional visits required, due to the work not being complete, will result in additional fees at our hourly rate plus travel expenses. • We will require the assistance of the building controls contractor to facilitate the functional testing. We will bill monthly according to progress. The breakdown below shows the approximate portion of the fee for each of the proposed services: a. MEPT Design i. Schematic Design 15% ii. Design Development 25% iii. Construction Documents 55% iv. Bid Negotiations 5% v. Construction Administration (Hourly) 09/. 100%of fixed fee b. Commissioning per IECC i. Development of Cx Plan 15% ii. Perform kickoff and checklists 30% iii. Conduct functional testing 35% iv. Preliminary Cx report 10% v. Final Cx report 10% 100% Exhibit A7—March 1,2024—Page 5 of 5 �1 S. Corpus CIYr sti Engineering Oso Golf Center - Club House Council Presentation March 26, 2024 `O�pUS CH,P,f i 4 i �l �852Engineering { Contract Scope Corp-us C,,rC; Engineering Professional Services for the Oso Golf Center Club House include: • Design Phase • Bidding Phase • Construction Observation • Geotechnical Testing • Interior Design • Furnishings and Fixtures (FF&E) Selection • Windstorm Inspections • Commissioning • IT/AV/Security Systems ec A OIL IqW Projt Schedule J Corpus C h r sti Engineering 2024 2025 -2026 April - September October - December January - January Bid/Award Construction The project schedule reflects the City Council award design services in March 2024. SC 0 U NOflPOflAT E� xss AGENDA MEMORANDUM Action Item for the City Council Meeting of March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Nick Winkelmann, P.E., Interim Director of Water Systems and Support Services nickw(a)cctexas.com (361) 826-1796 Wesley Nebgen, Director of Water System Infrastructure wes I ey N(a-)cctexas.co m (361) 826-3111 Application Filing and Authorization Representative Resolution For TWDB Clean Water State Revolving Fund (CWSRF) Emerging Contaminants (EC) Program CAPTION: Resolution authorizing the submission of a grant application in the amount of $625,000 to the Texas Water Development Board's (TWDB) Clean Water State Revolving Fund Emerging Contaminants Program to evaluate an unregulated and emerging contaminant known as PFAS at the Greenwood Wastewater Treatment Plant; authorizing staff and consultants to coordinate the submission of the application. SUMMARY: Resolution will authorize the execution of all documents necessary to apply for TWDB financial assistance in an amount not to exceed $625,000 for the evaluation of the unregulated and emerging contaminant known as PFAS at the Greenwood WWTP. Also, there are only a couple of proven water treatment technologies that are effective at removing PFAS, which includes Reverse Osmosis as part of the seawater desalination process. The resolution will also designate and authorize the City Manager, Assistant City Managers, Chief Operating Officer and the City Manager's designee as the representative of this grant application, and authorize STV Inc., San Antonio, Texas to aid and assist in the preparation and submission of such an application and appear on behalf of and represent the City of Corpus Christi. BACKGROUND AND FINDINGS: The per- and polyfluoroalkyl substances (PFAS) pollution in drinking water is receiving increasing attention. The Environmental Protection Agency(EPA) and Texas Commission on Environmental Quality (TCEQ) may add PFAS limits to the existing TPDES permits for the City's wastewater treatment plants. Corpus Christi Water(CCW) is seeking external grants to implement preliminary characterization and treatment analysis of PFAS in the wastewater system. CCW contracted STV Inc., San Antonio, Texas, to prepare and submit the Emerging Contaminants Project Information Form (PIF) for Feasibility Study and Pilot Testing for PFAS Removal at Greenwood WWTP to seek an external grant with an amount of$625,000 under the (TWDB) Clean Water State Revolving Fund (CWSRF) Emerging Contaminants (EC) Program. This project will include PFAS source identification on the wastewater collection system and bench scale testing of PFAS removal technologies on reclaimed water. This is a crucial step towards ensuring the safety of drinking water sources and reducing the need for extensive and expensive treatment processes for reclaimed water and biosolids from the Greenwood WWTP. Based on the feasibility study and permitting progress requirements, a PFAS treatment process can be added to Phase II of the Greenwood WWTP Expansion project. This makes the Phase II project a worthy investment for the City, as it not only addresses the current needs of the community, but also prepares for future regulatory requirements. ALTERNATIVES: The alternative to not submitting an application is that the City will pay 100% of the total project cost or find alternative funding sources FISCAL IMPACT: No fiscal impact for this resolution. RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the submission of a grant application in the amount of $625,000 to the Texas Water Development Board's Clean Water State Revolving Fund Emerging Contaminants Program for a feasibility study and pilot test for PFAS Removal at Greenwood Wastewater Treatment Plant; authorizing staff and consultants to coordinate the submission of the application. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes execution of all documents necessary for submission of a grant application seeking financial assistance from the Texas Water Development Board in the amount of $625,000.00 for the Greenwood Wastewater Treatment Plant PFAS Removal Pilot Project. SECTION 2. The City Manager, Assistant City Managers, Chief Operating Officer and the City Manager's designee are authorized to execute contractual documents between the Texas Water Development Board and City of Corpus Christi. SECTION 3. The Director of Finance & Business Analysis, Controller, and the City Manager's designee are authorized to execute financial documents between the Texas Water Development Board and the City of Corpus Christi. SECTION 4. STV, Inc. is authorized to aid and assist in the preparation and submission of the application and appear on behalf of and represent the City of Corpus Christi before any hearing held by the Texas Water Development Board on such application. PASSED and APPROVED on the day of 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief brandonw@cctexas.com (361) 826-3900 Acceptance and appropriation of grant funds from the State of Texas — Law Enforcement Officer Standards and Education CAPTION: Ordinance authorizing the acceptance of$1,867.26 from the State of Texas — Law Enforcement Officer Standards and Education for firearms training and ammunition for five arson investigators for the Corpus Christi Fire Department; and appropriating funds in the amount of$1,867.26 to the FY 2024 Fire Grants Fund. SUMMARY: The State of Texas provides an annual allocation for training for law enforcement agencies' sworn and civilian personnel for them to retain their required accreditation hours. The annual allocation also can be used to help fund training equipment that law enforcement agencies need. BACKGROUND AND FINDINGS: Each year, the Law Enforcement Officer Standards and Education account issues an annual allocation of funds to law enforcement agencies, per the Texas Occupations Code, Section 1701.157. The amount of funds received depends on the number of sworn personnel that a law enforcement agency has as of January 1 of each year and on the available funding in the Law Enforcement Officer Standards and Education account. The funds must be appropriated annually when the funding is received from the Law Enforcement Officer Standards and Education account. The funds are to be used by qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel as well as training equipment. The Corpus Christi Fire Department's (CCFD) five arson investigators fall under the category of law enforcement officers because they are licensed peace officers. CCFD will use the funds received from the Law Enforcement Officer Standards and Education account for firearms training and ammunition for its five arson investigators. Arson investigators are required to maintain firearms qualification on an annual basis. The City has received this grant since 2002. Last year, CCFD received $733.36 from this grant. ALTERNATIVES: The alternative is not to accept the funds and, therefore, offer less training to arson investigators until other funding sources are identified. However, this would result in arson investigators becoming delinquent in their firearms qualifications, which would affect CCFD's operations and credentials. FISCAL IMPACT: The fiscal impact for FY 2024 is the acceptance of funds in the amount of $1,867.26. The $1,867.26 will be appropriated into the Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 826401 L LEOSE- Fire Grants Department#: 10 Fire Department Project # (CIP Only): N/A Account: 530362 Training-General Amount: $1,867.26 RECOMMENDATION: Staff recommends approving the ordinance and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance authorizing the acceptance of $1,867.26 from the State of Texas — Law Enforcement Officer Standards and Education account for the Corpus Christi Fire Department for training and equipment; and appropriating funds in the amount of $1,867.26 to the FY 2024 Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funding in the amount of$1,867.26 from the from the State of Texas — Law Enforcement Officer Standards and Education Account under Occupations Code, Section 1701 .157, for the allocation from this fund to expenses related to the continuing education of those licensed under this Chapter of the Occupations Code. SECTION 2. That $1,867.26 is appropriated in the No. 1062 Fire Grants Fund from the State of Texas — Law Enforcement Officer Standards and Education Account to provide training described in Section 1 . SECTION 3. That the 2023-2024 operating budget approved by Ordinance No. 032855 is amended to increase revenues and expenditures. X' 3 9. GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O.Box 13528 • Austin,TX 78711-3528 February 28, 2024 CORPUS CHRISTI FIRE DEPARTMENT 2406 LEOPARD ST STE 300 CORPUS CHRISTI TX 78408-3719 Vendor number: 17460005741-050 Texas Occupations Code, Section 1701.157, directs the Comptroller to make an annual allocation to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. This payment must be used, as necessary, to ensure the continuing education and training, as determined by the agency head, for full-time officers and law enforcement support personnel in your agency. We are pleased to inform you the 88th Legislature approved an additional amount for the Law Enforcement Education Funds program. As a result, your agency's 2024 allocation has been increased to $1,867.26 Total 2024 Allocation: $1,867.26 Less: Allocation Previously Received: $850.75 Additional Allocation Payment enclosed: $1,016.51 As a reminder, please complete and return the Texas Law Enforcement Officer Standards and Education (LEOSE) Fund Allocation Basis form (40-215) you received with your original payment to receive a distribution in 2025. Please call us at 800-531-5441, ext. 3-4530, or 512-463-4530 if you have any questions or if we can be of assistance. Enclosures THE STATE OF TEXAS PAYMENT INFORMATION INVOICE NUMBER INVOICE DATE INVOICE DESCRIPTION DOCUMENT INVOICE AMOUNT PEACE OFF ALL PEACE OFF ALLOC GR 9P240548 1 ,016.51 ISSUE DATE: 02/28/2024 WARRANT TOTAL: $1,016.51 PAYEE NUMBER: 1XXXXX05741 MAIL CODE: 050 WARRANT NUMBER: 147751081 PAYEE NAME: CORPUS CHRISTI FIRE DEPARTMENT - - NON-NEGOTIABLE - For questions about this payment or to sign up for Direct Deposit, please contact your paying agency. COMPTROLLER - STATE FISCAL 512-463-4561 WOULD YOU LIKE TO VIEW: - Your state payments on a Comptroller web application? - Payment remittance information, payment history and download a report? - The phone number and contact information of the paying agency? - Receive email alerts when a state payment is issued to you? This information is available on the SEARCH STATE PAYMENTS ISSUED (SSPI) website. Go to COMPTROLLER.TEXAS.GOV, click on 'web file eSystems Login' below the 'Business Center' panel. See a short video 'How to Navigate eSystems Home Page' by clicking the 'About' tab, then 'Video Library' under 'News and Media. ' Also consider enrolling in direct deposit. It's easy, fast and secure. Contact the paying agency named on this payment stub to sign up. Detach here before depositing ��,5 SEAS/�Gf r 9 TEXAS COMPTROLLER OF PUBLIC ACCOUNTS TREASURY WARRANT NO W ` FEBRUARY 29, 2024 147751081 022824 1XXXXX05741 050 0001 902 9P240548 PAYING AGENCY 512-463-4561 COMPTROLLER STATE FISCAL Pay ONE THOUSAND SIXTEEN DOLLARS AND 51/100 $ 1,016.51 TO CORPUS CHRISTI FIRE DEPARTMENT 2406 LEOPARD ST STE 300 CORPUS CHRISTI, TX 78408-3719 Glenn Hegar VOID AFTER 08/31/2026 Comptroller of Public Accoun II' 30 411' 1: 1111900 16 41: III 14 ? ? 5 I08 I0 A G� Ilk N �oaPoap,Eo AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(u-)-cctexas.com (361) 886-2603 Acceptance and appropriation of grant funds from the State of Texas — Law Enforcement Officer Standards and Education CAPTION: Ordinance accepting $54,134.93 from the State of Texas— Law Enforcement Officer Standards and Education for training courses and training-related travel for approximately 18 full-time sworn police officers for the Corpus Christi Police Department; and appropriating $54,134.93 in the FY 2024 Police Grants Fund. SUMMARY: The State of Texas provides an annual allocation for training for law enforcement agencies' sworn and civilian personnel for them to retain their required accreditation hours. The annual allocation also can be used to help fund training equipment that law enforcement agencies need. BACKGROUND AND FINDINGS: Each year, the Law Enforcement Officer Standards and Education account issues an annual allocation of funds to law enforcement agencies, per the Texas Occupations Code, Section 1701.157. The amount of funds received depends on the number of sworn personnel that a law enforcement agency has as of January 1 of each year and on the available funding in the Law Enforcement Officer Standards and Education account. The funds must be appropriated annually when the funding is received from the Law Enforcement Officer Standards and Education account. The funds are to be used by qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel as well as training equipment. The Corpus Christi Police Department(CCPD)will use the funds received from the Law Enforcement Officer Standards and Education account for continued educational training and travel-related costs for training of approximately 18 sworn police officers. Police officers are required to have 40 hours of continuing education training on a biannual basis. The training schools include homicide investigation, interrogation techniques, and other police-related subjects. The City has received this grant since 2002. Last year, CCPD received $20,169.56 from this grant. ALTERNATIVES: The alternative is not to accept the funds and, therefore, offer less training to sworn officers until other funding sources are identified. However, this would result in sworn officers becoming delinquent in their continuing education credits, which would affect CCPD's operations and credentials. FISCAL IMPACT: The fiscal impact for FY 2024 is the acceptance of funds in the amount of $54,134.93. The $54,134.93 will be appropriated into the Police Grants Fund. Funding Detail: Fund: 1074 Police Grants Fund Organization/Activity: 826200L Project # (CIP Only): N/A Account: 547012 Amount: $54,134.93 RECOMMENDATION: Staff recommends approving the ordinance and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Award Letter Ordinance accepting funding in the amount of $54,134.93 from the State of Texas — Law Enforcement Officer Standards and Education Account for Police Department training of sworn and civilian personnel; and appropriating funds in the amount of$54,134.93 to the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funding in the amount of$54,134.93 from the from the State of Texas — Law Enforcement Officer Standards and Education Account under Occupations Code, Section 1701.157, for the allocation from this fund to expenses related to the continuing education of those licensed under this Chapter of the Occupations Code. SECTION 2. The City of Corpus Christi designates the Chief of Police as the City's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the funding on behalf of the applicant agency. SECTION 3. That $54,134.96 is appropriated in the No. 1061 Police Grants Fund from the State of Texas — Law Enforcement Officer Standards and Education Account to provide training described in Section 1 . Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary jj I GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O.Box 13528 - Austin,TX 78711-3528 February 28, 2024 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469-9016 Vendor number: 17460005741-051 Texas Occupations Code, Section 1701.157, directs the Comptroller to make an annual allocation to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. This payment must be used, as necessary, to ensure the continuing education and training, as determined by the agency head, for full-time officers and law enforcement support personnel in your agency. We are pleased to inform you the 88th Legislature approved an additional amount for the Law Enforcement Education Funds program. As a result, your agency's 2024 allocation has been increased to $54,134.93 Total 2024 Allocation: $54,134.93 Less: Allocation Previously Received: $24,264.60 Additional Allocation Payment enclosed: $29,870.33 As a reminder, please complete and return the Texas Law Enforcement Officer Standards and Education (LEOSE) Fund Allocation Basis form (40-215) you received with your original payment to receive a distribution in 2025. Please call us at 800-531-5441, ext. 3-4530, or 512-463-4530 if you have any questions or if we can be of assistance. Enclosures se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 Action Item for the City Council Meeting of March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager stevev(a)cctexas.com (361) 826-3445 FROM: Daniel McGinn, AICP, Director of Planning and Community Development danielmc(a)cctexas.com (361) 826-7011 Resolution of No Objection for 4% Low-income Housing Tax Credits for Gulfway Manor CAPTION: Resolution of no objection of Gulfway Housing Partners, LP's 2024 4% Housing Tax Credit application for the existing 151 units of affordable housing at 1750 Treyway Lane known as Gulfway Manor Apartments. SUMMARY: Resolution of No Objection for Gulfway Housing Partners, LP's application to the Texas Department of Housing and Community Affairs (TDHCA) for 4% Low-income Housing Tax Credits and Tax-Exempt Bonds. The project, Gulfway Manor Apartments, at 1750 Treyway Lane is an existing affordable housing project with 151 units. The application to TDHCA is for acquisition and rehabilitation. The project will serve households with incomes at or below 60 percent of the area median income (AMI). No financial assistance from the City has been requested. BACKGROUND AND FINDINGS: The 4% Low-income Housing Tax Credit (LIHTC) Program, administered by TDHCA, is one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. The 4% LIHTCs are noncompetitive and are often used for existing projects to extend affordability periods through acquisition and rehabilitation. The 4% LIHTC program is used with the Multifamily Bond Program when the bonds finance at least 50% of the cost of the land and buildings in the project. The tax credits are awarded to eligible applicants and provide a source of equity financing for the development of affordable housing. Investors in qualified affordable multifamily residential developments can use the LIHTCs as a dollar-for-dollar reduction of federal income tax liability. The value associated with the LIHTCs allows housing to be leased to low-income families at below-market-rate rents. The City does not administer the 4% LIHTCs or issue the Multifamily Family Bonds awarded by TDHCA. There will be no City debt associated with this project and the applicant has not requested subsidy from any City funding source. A Resolution of No Objection does not guarantee that the project will be awarded LIHTCs or Multifamily Bonds. To submit the application, the developer has requested a Resolution of No Objection and a Public Hearing as required by TDHCA. Gulfway Manor Apartments is an existing affordable housing complex built in 1971 with 151 units. All units are considered affordable serving households at or below 60 percent of the area median income (AMI). There will be 77 units serving households at or below 50 percent AMI and 74 units serving households at or below 60 percent AMI. The 50 percent AMI limit for a family of four is $38,700 and the 60 percent AMI limit for a family of four is $46,440. The project has a Housing Assistance Payments (HAP) contract with the U.S. Department of Housing and Urban Development to subsidize the tenant-paid rent. Under the new structure, there will also be a HAP contract. Total project costs, including acquisition and rehabilitation, are estimated to be $53.6 million. The investment in the building and site work is approximately $13 million. Rehabilitation and site work include but are not limited to, improvements to asphalt, concrete, ADA accessibility, security/safety, playground, roofing, exteriors, doors, windows, lighting, flooring, kitchens, and bathrooms. The developer, Vitus Group LLC (Vitus), completed a similar deal at Oso Bay Apartments at 7502 McArdle Road in 2021. Vitus is a national affordable housing developer with a focus on preserving affordable housing. The company has over 130 properties in 30 states. ALTERNATIVES: The alternatives are to not approve a Resolution of No Objection or approve a Resolution of Objection, which would reduce or eliminate the chance that TDHCA will determine the project to be appropriate and thereby jeopardize the potential for the project to receive LIHTC. The City could choose to provide a Resolution of Support. FISCAL IMPACT: There is no fiscal impact to the City. No subsidies have been requested. FUNDING DETAIL: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: City staff recommends approval of the Resolution of No Objection LIST OF SUPPORTING DOCUMENTS: Resolution PowerPoint Presentation Resolution of No Objection for 4% Low-income Housing Tax Credit Project Gulfway Manor Apartments City Council March 26, 2024 Low-income Housing Tax Credits • Low-income Housing Tax Credits (LIHTC) are the most common financing tool for multi-family affordable rental housing units. • Tax credits are awarded by the Texas Department of Housing and Community Affairs (TDHCA). • There are two types of LIHTCs. There are the noncompetitive 4% LIHTCs and the competitive 9% LIHTCs. • 4% LIHTCs also use tax exempt bonds to finance the deals. • Gulfway Manor Apartments is a 4% LIHTC deal. • No subsidy from City sources has been requested for Gulfway Manor Apartments. -SPtD vj- rq 41 -145 ol S�i 44 • . Williams " + _� �s : ~e �._ -Jj '_ _ .J rnY . } � . • I� _ — �: �� ..Y ". Alm., "3a1C* �l r P F ff AA 14 AMA Gulfway Manor Apartments • Developers/Owners — Vitus/Gulfway Housing Partners • 1750 Treyway— D3 • Built in 1971 • 151 Units for 50% AMI (4-persons $38,700) and 60% AMI (4-persons $46,440) • 32, 2-story residential buildings and 1, 1-story office on 10 acres • 1, 2, 3, & 4 bedrooms • $53.6 million estimated cost • Rehab includes exterior and interior; asphalt, concrete, ADA accessibility, security, playground, roofing, exteriors, doors, windows, lighting, flooring, kitchens, bathrooms, and more • Property has a contract with U.S. Department of Housing and Urban Development to subsides tenant paid rents F f: y ni 5 Y 3 , x+k C 0170- c � n jj F— e® mlw- f UAW-I kitEftl 7 -�.� �_ _�, --� �, u "` � �_ �: I �: / ,. ��� � „.., �� � � � y �� i ' -1 � _. i '. I �{;�11-I � �. �� ����� u� �i �� -�; � ,� a� ��" .. �� � �,. I J I � �. -_� � � ,: r„ f � '� � 6 � s 8 Resolution of no objection of Gulfway Housing Partners, LP's 2024 Housing Tax Credit application for the existing 151 units of affordable housing at 1750 Treyway Lane known as Gulfway Manor Apartments. WHEREAS, Gulfway Housing Partners, LP, has proposed a development for affordable rental housing of 151 units that will be located at 1750 Treyway Lane in the City of Corpus Christi and WHEREAS, Gulfway Housing Partners, LP, has submitted an application to the Texas Department of Housing and Community Affairs for 2024 Housing Tax Credits for Gulfway Manor Apartments It is hereby RESOLVED, that in accordance with the requirements of Tex. Gov't Code §2306.67071 and 10 TAC §11.204(4), it is hereby found that: 1. Notice has been provided to the Governing Body in accordance with Tex. Gov't Code, §2306.67071(a); and 2. The Governing Body has had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Development; and 3. The Governing Body has held a hearing at which public comment may be made on the proposed Development in accordance with Tex. Gov't Code, §2306.67071(b); and 4. After due consideration of the information provided by the Applicant and public comment, the Governing Body does not object to the proposed Application; and FURTHER RESOLVED that for and on behalf of the Governing Body, Rebecca Huerta, City Secretary, is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary se 0 0 AGENDA MEMORANDUM First Reading at the City Council Meeting of March 26, 2024 NoRPa0.Pg Second Reading at the City Council Meeting of April 09, 2024 1852 DATE: March 18, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO, Assistant City Manager HeatherH3(a)cctexas.com (361) 826-3506 Elsy Borgstedte, Assistant Director Office of Economic Development elsvb(a-)cctexas.com (361) 826-3682 Ordinance amending the FY 2024 Capital Budget to add the Art Museum of South Texas HVAC Improvements Project CAPTION: Ordinance amending the Capital Improvement Program to add the Art Museum of South Texas HVAC Improvements Project; appropriating $3,500,000 from the unreserved fund balance in the Seawall Fund; and amending the FY 2024 Operating and Capital Budgets. SUMMARY: The Art Museum of South Texas is a city-owned facility with two buildings that currently operate with two separate chiller systems. The Johnson Building uses a chilled water distribution loop system that is linked to the American Bank Center (ABC) chiller system. The Legorreta Building uses a standalone chiller that is approximately 20 years old. This unit recently failed, and it has been determined that it is beyond repair. The museum has procured emergency repairs and rental of equipment to install a temporary chiller to continue operations. BACKGROUND AND FINDINGS: The existing chiller system at the ABC is a chilled water distribution loop system that provides chilled water for cooling at the Convention Center, Selena Auditorium, along with three external public facilities: the Art Museum, Science and History Museum, and the Harbor Playhouse. The Facility Conditions Assessment report and the Gap Analysis conducted for the American Bank Center in 2023 identified the need to decouple the external public facilities from the Convention Center chilled water loop system as a critical project. The three chillers at the ABC are at the end of life and any failures affect not only the ABC but also the other three external facilities. Separating the three external public facilities from the ABC to operate on independent HVAC chiller equipment will ease the demand on the existing ABC chiller equipment. Additionally, a new system will provide HVAC controls to the external public facilities, including the Art Museum, to allow appropriate building and humidification levels management to safeguard the artwork. Both the ABC chillers and the stand-alone chillers have undergone several costly repairs, and the equipment is at the end of its useful life. The HVAC system is not operating effectively resulting in the facility having issues controlling the building temperature and humidity levels. The Art Museum HVAC replacement projects are identified in the long- range Capital Improvement Plan Budget for 2028 to 2030 but due to the continued failure of the systems staff recommends the timeline be accelerated. The preliminary cost to decouple the system from the ABC and install new HVAC improvements to service the whole Art Museum including emergency temporary repairs and allowance for the rental of a temporary chiller is $3.5 million. The Engineering Department is working on the emergency task for Facility Conditions Assessment to prepare a list of long lead equipment. The estimated lead time for the required chillers, air handlers, and equipment is approximately 6-12 months. Below are the preliminary major projects identified: Legorreta Building • Replace Chiller • Cooling Tower • (4) pumps • Mech Piping • (6) indoor air handlers • (2) fan coil units • outdoor air handling unit, and ducting Johnson Building • Remove from the central chiller plant at the American Bank Center • Replacement of all (10) roof mezzanine air handling units and connection piping • Improvements to the HVAC system and install building controls. • Enhance mechanical rooms for new equipment. During the March 18, 2024, Corpus Christi Business and Job Development Corporation Type A Board meeting, the board approved the request for $3,500,000 in HVAC Improvements for repairs at the city owned facility housing the Art Museum of South Texas and is recommending funding be the appropriated from the Seawall Fund balance for the project. ALTERNATIVES: The alternative would be to keep the project in the long-range Capital Improvement Plan until fiscal year 2029 and continue to rent chiller equipment to provide cool air to the museum. The cost to rent the chiller for the next five years is approximately $900,000. FISCAL IMPACT: The fiscal impact in FY 2024 is $3,500,000 from the Seawall Fund reserves. Funding Detail: Fund: 1120 - Seawall Improvement Fund Organization/Activity: 60195 — Transfer to Seawall CIP Department: 57 — Economic Development Account: 548500 — Operating transfers out Project # (CIP Only): 24036 - Art Museum HVAC Systems Improvements Amount: $3,500,000 RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Presentation Ordinance amending the Capital Improvement Program to add the Art Museum of South Texas HVAC Improvements Project; appropriating $3,500,000.00 from the unreserved fund balance in the Seawall Fund; and amending the FY 2024 Operating and Capital Budgets. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2023-2024 Operating Budget, adopted by Ordinance No. 033151 , is amended to appropriate $3,500,000.00 from the unreserved fund balance in Fund 1120 Seawall and transferred to Fund 3271 Seawall CIP and increase expenditures by $3,500,000.00. SECTION 2. The FY 2023-2024 Capital Budget, adopted by Ordinance No. 033152, is amended to increase revenue & expenditures by $3,500,000.00. SECTION 3. The Capital Improvement Program Plan is amended to add the Art Museum of South Texas HVAC System Improvements Project. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of 12024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Art Museum Emergency HVAC System Improvements City Council ..�. March 26, 2024 Background ❖ The Art Museum of South Texas is a city owned facility composed of two buildings. ❖ The original complex, called the Johnson Building, was designed by world-renowned architect Phillip Johnson and opened to the public in 1972. ❖ An expansion, called the Legorreta Building, was designed by world- renowned architect Ricardo Legorreta and opened to the public in 2006. A" ART MUSEUM OF SOUTH TEXAS Affiliated with Texas A&M University-Corpus Christi 2 Birds Eye View �Pr r 3 Background The Art Museum currently operates with two chiller systems. ❖ The system used by the Johnson Building is a chilled water distribution loop system that is linked to the American Bank Center (ABC) chiller system. The equipment has reached the end of its useful life and needs to be decoupled from the ABC Convention Center chiller system. ❖ The second system used by the Legorreta Building is a standalone chiller. In February, the chiller for the Legorreta Building failed and the Art Museum secured the rental of a temporary chiller to provide cool air for the facility. It has been determined this system is at end of life. Project Location LOCATION MAP ♦ ti PROJECT LOCATION n AERIAL MAP 'R NOi TO SCALE � PROJECT NUMBER:�4036 d 5 Background ❖ The Facility Conditions Assessment report and Gap Analysis conducted for the American Bank Center identified a critical need to decouple the external public facilities since any failures affect not only the ABC but also the other three external facilities. ❖ The HVAC system is not operating effectively resulting in the facility having issues controlling the building temperature and humidity levels. ❖ The preliminary cost to decouple the system and install a new HVAC improvement to service both buildings is $3.5 million. ❖ On March 18, 2024, the Corpus Christi Business and Job Development Corporation Type A Board approved the HVAC project and recommended appropriating funds from the Seawall Fund unreserved fund balance. ' Project Scope Museum HVAC Improvement Scope Includes: ❖ Design and identify critical equipment with long delivery times ❖ Decoupling from American Bank Center Chilled Water Loop ❖ Chillers, Cooling Towers, & Air Handlers ❖ Enhanced Mechanical Rooms for New Equipment ❖ New Boilers, Piping, and Associated Equipment ❖ New HVAC Controls •'• Energy Code Commissioning 0e) Tentative Project Schedule MAY- OCTOBER NOV - JAN FEBRUARY - FEBRUARY Design Bid/Award Construction Recommendation Staff and the Corpus Christi , -° -•� Business and Job Development r - Corporation Type A Board -- � recommend amendment of the FY24 Operating and CIP budgets for the project and the appropriation of funds from the Seawall Fund ilto unreserved fund balance. r r Questions? .�vs cr 0 o� PH U kCOBPOPAZY&�� AGENDA MEMORANDUM Action Item for the City Council Meeting of March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreyea-cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2(u-)cctexas.com (361) 826-1877 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(ucctexas.com (361) 826-3169 Construction Contract Award Flato Road — (Bates Road to Bear Lane) (Bond 2020, Proposition A) CAPTION: Resolution rejecting the apparent low bid of MAX Underground Construction as non-responsive and awarding a construction contract to Bay Ltd. of Corpus Christi, Texas, for reconstruction of Flato Road from Bates Road to Bear Lane with rigid concrete pavement and utility improvements, located in Council District 3, in an amount of$7,168,936.00 with FY 2024 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, Water Capital Funds and Gas. SUMMARY: This resolution awards a construction contract to Bay Ltd. for the reconstruction of Flato Road from Bates Road to Bear Lane. The existing two-lane flexible asphalt pavement roadway will be demolished and rebuilt as a new three-lane rigid concrete roadway featuring a new middle turn lane, new curb and gutter, multi-use path, ADA compliant curb ramps, signage, pavement markings, and utility improvements to water and Information Technology Infrastructure. BACKGROUND AND FINDINGS: Flato Road from Bates Road to Bear Lane is classified as a Collector roadway (C-1) and is 0.49 miles in length. This segment of street was originally constructed in 1964, and a seal coat was applied in 1995. The pavement has since deteriorated and needs replacement. This project is for the reconstruction of the existing two-lane flexible pavement roadway, which will be converted to a three-lane rigid concrete roadway through the addition of a two-way left- turn lane. A multi-use path will be constructed on the east side of Flato Road. This segment of Flato Rod provides access to West Oso High School, West Oso Junior High School, the West Oso ISD Office, and the newly constructed Coastal Bend Food Bank warehouse. The project scope includes full-depth reconstruction with a rigid pavement section, pavement markings, the eight-foot path, new traffic signs, ADA-compliant pedestrian improvements, water, wastewater, stormwater and Information technology Infrastructure upgrades. Before the Flato Road construction commences, Bates Road will be resurfaced due to its current condition and the increased traffic it will experience due to the traffic control plan for Flato Road. The funding for the Bates Road resurfacing will be included in the Flato Road construction cost. PROJECT TIMELINE: 2021-2023 i2024-2025 July - Dec Jan - March May - May Design Bid/Award Construction Project schedule reflects City Council award in March 2024, with anticipated construction completion by May 2025. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids (RFB) on January 15, 2024, for the proposed Flato Road construction project. The solicitation contained only a rigid concrete pavement base bid based on the pavement design recommendations for the Bond 2020 Streets projects authorized by City Council on July 20, 2021. On February 14, 2024, the City opened the received bids. A summary of the bids is provided below. Bidder Base Bid Concrete 1 MAX Underground Construction Non-responsive 2 BAY LTD $7,168.936.00 3 Mako Contracting $7,393,623.63 4 Reytec Construction $7,507,461.90 5 JE Construction Services, LLC $7,829,068.00 6 Gerke Excavating $8,975,825.38 Engineer's Opinion of Probable Construction Cost $7,671,000.00 The bid from MAX Underground Construction was deemed non-responsive due to their insurance line item exceeding the maximum allowable as outlined in the RFB Basis of Bid Form. After review of the submitted bids and contract documents, it was determined Bay Ltd. was the lowest responsive and responsible bidder. Bay, Ltd has successfully completed several street projects with the City of Corpus Christi. Some of the recently completed projects include Staples Street from Baldwin Boulevard Kostoryz Road (18041A), Gollihar Road from Weber Road to Staples Street (El3087), Yorktown Boulevard from Everhart Road to Staples Street(El 3096), Holly Road from Rodd Field Road to Ennis Joslin Road (18021A), and Morgan Avenue from Staples Street to Ocean Drive (Bond 2014). ALTERNATIVES: City Council could choose not to award the contract to Bay Ltd. This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The fiscal impact for FY 2024 is an amount of$7,168.936.00, for the reconstruction of Flato Road from Bates Road to Bear Lane. The street construction funds are available from Bond 2020 Proposition A and utilities for the project will be funded from Storm Water, Water, and Wastewater Capital Funds. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in May 2024. The project is ready to be implemented. Fund: ST2021 Bd20 A (Fund 3558) Department: Streets (33) Organization: Grants & Capital Projects Funds (89) Project: Flato (Bates to Bear) (Project No. 21055) Account: Construction Contract (550910) Activity: 21055-3558-EXP Amount: $3,366,946.67 Fund: StrmWtr 2022 CI (Fund 4533) Department: Storm Water (47) Organization: Grants & Capital Projects Funds (89) Project: Flato (Bates to Bear) (Project No. 21055) Account: Construction Contract (550910) Activity: 21055-4533-EXP Amount: $815,666.70 Fund: StrmWtr 2020 (Fund 4532) Department: Storm Water (47) Organization: Grants & Capital Projects Funds (89) Project: Flato (Bates to Bear) (Project No. 21055) Account: Construction Contract (550910) Activity: 21055-4532-EXP Amount: $1,046,803.11 Fund: Water 2015 Bnd (Fund 4097) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Flato (Bates to Bear) (Project No. 21055) Account: Construction Contract (550910) Activity: 21055-4097-EXP Amount: $75,937.54 Fund: Water 2019 CIP (Fund 4098) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Flato (Bates to Bear) (Project No. 21055) Account: Construction Contract (550910) Activity: 21055-4098-EXP Amount: $319,579.26 Fund: WWWCP RR 032950 2023 (Fund 4260) Department: Wastewater (46) Organization: Grants & Capital Projects Funds (89) Project: Flato (Bates to Bear) (Project No. 21055) Account: Construction Contract (550910) Activity: 21055-4260-EXP Amount: $2,332,585.68 Overall Contract Total $7,168.936.00 RECOMMENDATION: Staff recommend awarding a construction contract to Bay Ltd for the reconstruction of Flato Road from Bates Road to Bear Lane in an amount of $7,168.936.00. The construction duration is planned for thirteen months from issuance of the Notice to Proceed, with construction starting in May 2024 and being completed by May 2025. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map Bid Tabs CIP Page Power Point Presentation Page 1 of 1 Resolution rejecting the apparent low bid of MAX Underground Construction as non-responsive and awarding a construction contract to Bay Ltd of Corpus Christi as the lowest responsive, responsible bidder for the reconstruction of Flato Road, from Bates Road to Bear Lane, with rigid concrete pavement and utility improvements in the amount of $7,168,936.00, located in Council District 3, with FY 2024 funding available from Bond 2020 Proposition A, Storm Water, Wastewater, Water Capital Fund and Gas. WHEREAS, six bids were received on February 14, 2024, for the Flato Road, Bates Road to Bear Lane, reconstruction project (Project); WHEREAS, the apparent low bidder for the Project, MAX Underground Construction ("MAX"), failed to meet the requirements of the bid documents; WHEREAS, Section 2.5 Submission of Bid of the Request for Bids ("RFB") states, "Bids submitted...with different terms and conditions not specifically approved during the RFB process will be considered nonresponsive;" WHEREAS, the terms and conditions of the Contract Documents, Specification 01 29 01, states that the bid amount for Bonds and Insurance cannot exceed 2% of the total Contract Price; WHEREAS, MAX's bid for Bonds and Insurance exceeded the 2% maximum; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid submitted by MAX Underground Construction is rejected as non-responsive. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Bay, Ltd of Corpus Christi as the lowest responsive, responsible bidder in the amount of $7,168,936.00, for the Flato Road, Bates Road to Bear Lane, reconstruction project. PASSED and APPROVED on the day of 12024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TMS BID DATE: RCI FSB-q 15,IDLc. RIB SUIS r bn Bey,Ltd. o.r ry nS m mn...,Inc. JE Stye uc ons m n im L. MA%n vrion, oa LLC 0(BateS Roa0 to Bear Lanel B-2020 an 'Btgt a ee rs r o 50511 p Rrva Rd. 5341 H Ow 131 BASE BIDCO-,TX-D C.P.CO�tTX-B C.P.C11-,TX T&409 W1 5iSSD -p.CO." ���ITE- DESCRIPTION UNIT OANIOUNT PSdA-GENERAL f 12400.00 E 12400.00 $ 25DOODD $ 25000. $ 00 $ D) 22BOO 00 $ 22DDDOO $ 22,22593 $ 22,22593 ffl f E4e50.00 E 64850.00 $ 112,5300D 8 00 115.00DOD $ m S67DOO 00 8 670000D 810 o $ s f 0o f 0 S 0o E m $ 0 8 m E o $ o f 92 $ Al f 0 S 0 8 Do 8 Do $ m 8 Do $ Do S BE $ 1 45 8 s-Monumalt f m S m 8 a0 S m S m 5 m $ m $ m 8 1 45 8 11,3-5 LS 1 S 19,43D.DD f 0 8 50 S 50 8 0 $ 0 $ 0 8 0 $ 0 o f 67-80 2 f m f 0 $ So E 00 $ o $ 0 $ DO $ o $ 20 $ 67,214. 3 f m S 1&B00.o0 8 20 1870560 SUDU DD $ ll.BB. $ 6,400. $ 1920000 $ 6,019 20 8 4 f EGHD.W $ o 8 so S 00 3 o $ A6wD Do 8 1 Two 00 8 ECUUBBU 8 11.Dw S F BY2 E E. f 1) low 4372000 7501$ o 8 0 61,20800 910 $ BnkN am semlig 7,15D f m E B4 so.00 5. 3932500 $ 4 so $ 32J71. 8 1 DO8 0o 8 To $ 62,20500 1 f 2W.DD E 0o $ 1.00 S ao DOD S 0 8 2.DO 8 0) 4.55 8 S f 2SEDD E m $ m BUD co 500D 4.BE $ 253. 8 0) 8375 Ol $ 3,03248 o f 10 1 11122 $ 5D 12,9600D 8 4. $ 0 8 4. $ 0o $ 35 $ m E o fM.S. $ o $ 0 8 0 8 o $ o $ 0 8 3 $ 5,326 DO E m E m $ o $ 0 $ 0 8 0 $ m $ DO $ t 0 $ f f f f f SRI E -00.00 S -00.00 $ 1 Boom 00 $ 1 BOB.DO $ 1 Doo.. $ 1 Doo.Do $ 1 02,wo BE $ 1 D2,03 Do $tt 54 $ 12,2491 i 17.00 f 0 8 0 8 0 8 0 8 0 8 0 8 0 8 s4 $ 1-1 DO E So IS 17 0 8 m S o 8 m $ m 8 61 $ 00 8 1 8 matore E1exlde ease RYpe A Gr_1-2) T ISo f 0 $ m S oo $ m S 00 $ D 4 00 S 30 8 rete ICRCP) SY 10,579 IS 1N.DD S 1 m 8 00 S OD S o 8 Do $ m $ Do 8 2 S meway I-^VVO 5 ! 0 S B&&&5.00 8 13. $ o 11. $ 99.221 Do $ 12 Do f 00 1581 $ 35 E o f m $ 13. 1055 Do 8 0 $ 12JSOOO $ m E SSAA Do 4 1870 8 T54 E o f 0 8 50 S o S 0 $ o $ oo S 54 8 5880336 m S o f m 8 Do E Do 8 0 $ m $ m S Do 8 T E �joDa S o f o $ 2 E & $ o $ 0 $ Do E 2 $ Bll ,e—PODC-M.T- Do s B s CB $ 5 $ oo $ D s 0 $ 0 $ oo $ ss $ olerBy2"o,BB 2s IIo S 4&28&00 $ &0 S 0 8 0 8 0 4 0 8 0o $ 3a $ a20-. D w50 Pnma-sealer LF 464.0 8 1. 8 61248.8 115 8 0 8 Do 8 m $ 35 8 -321 K wtOFmner-sealer o f m S m $ 5 8 00 $ 55 8 0o S Do $ D0 $ 0 TO $ o f m f m $ 071 8 ao $ 0 05 $ 2.8w. 1 Do $ a0 $ T& 8 -20 D.dh PrmeeI-1 LF -91 f m s m $ 5 S T5 $ 0. $ 1 1. 1 Do S m $ T& $ 1426. Tvl(w)(sY(sLD)wnn Fmlers"ler s ! m f m $ 32 $ ru $ s $ s s m $ a0 $ 3e S3801 So (W)21gSLD)(POOL RNV M25NILWI1E PRIIMERSEARK TG HEAT DRFREEAe PREFORMED LF Ttf ERMOPus 5 IS n S o 8 24. $ BOOD, $ 21. 8 525 Do 8 21. $ oo E 210S 8 TV I(w)(ARR-)w00 Pnmersealer EA 21 f o S ao $ 222. S 4,662. 1.DO $ 0) $ 23000 $ Do $ 231 D9 $ 320 PREFAB M MIRK TY C(w)(0NIY)w00 Pmre1- EA 5 E o f m 4 0o $ DD 31000 $ Do $ M Do E ao $ 37B 20 4 5 E 13.. f oo $ OD8 0 8 o bCo. 8 m E m 4 sa $ 1.32 2 E m f o 8 Do S72 Do 5. $ 6. 72. S 6 27 $ 7524 o f m f 0 8 6. 8 0 1 20 $ o 8 BOB 8 SGOOD 8 sa 8 1 $ o f 0 $ oo S 00 $ o S m S 0 $ Do S t SSSAJ Ve9 Slgo A�s�s b,-BBtles(Green)aM Stop Sq.(TOam- ! m S m $ D0 S m 8 Do 8 Do S Do 8 Do S 05 81,222. Install Roahs10e TralOc S1gn AM Sgn Suppo0/assemdy(Tw�gular SOpOase EA3 f m SDA 0 S ro S m $ 0 8 0 $ o $ 00 S 5 8 Install Ro 11-OOect Markey-Slgn Su Do Assemdy(TO­,Sl"'I' E5W.00 5N.00 $ O $ o $ Do 8 4.Do $ 1.Do $ 1.Do 8 0 $ E 215000.00 E 2E000.00 $ o $ o $ 25DDD DO 8 0 $ 21000Do $ 25,000 DO 8 2 O $ f 21 1 EI S $ S TS(BATES RD.) S m E m $ 21DOO Do $ o 8 0 $ 0 8 m S Do $ 2 5 $ D E m ! o $ n S 50 8 m $ oo S m 8 0o S w 8 -12 So ae(Typeq Gr-1-2) 0 f 0 E SyTBe.00 $ oo S oo $ 0 $ 00 S o 8 0o $ 17 3D 8 . CEMENT Do S o f 32000.00 8 T S 00 $ 0 3 OO S o 8 00 $ T $ s2,112T00 EAT INS EXST MTL S Hw US)(C) BY 6,BC E m f o 8 S Do $ o $ l.EO $ 0 8 0 Do $ 00 $ 4. 4 0fa E 0o E 241S2oo $ S Do 8 00 $ 0 $ o $ 2. $ 12,09600 4 3. $ m $ m S m $ 3 8 4 $ o $ o $ m $ D0 S 72 $ S f m f 0 8 ao $ 08 8 0 $ o $ Do 8 00 8 35 8 BE 4 w 5 o f m $ 0o E Do $ o $ m $ oo S ao E 1 S mewa(W)4•(SLDXCwMI L) s f w S w 8 . $ 00 $ RD 8 Do $ D0 $ D0 8 w 8 TYI(Y)4^(BRI)EOooMIL) LF 2,0w E S0 S eD $ D Do 8 1,211 a 0 Do $ BD 1 DD $ 00 $ 0 50 8 1,252 So LF 2 f So f o 8 5 $ So 8 ao 8 0o $ ao 8 m 8 1 8 -52 013 - 1emeM MamxrDe a s E m f o 8 m 8 m $ 20 S o 8 ao $ m $ T $ 432. ILD n EAT APPLIED PREFAB PREFORMED Try ERMOPus T E o f o 8 a0 S so 8 0o S oo S m 8 0o $ 50 $ Fl, Install Ro 11 Tralta Sgn Al Sgn 11-o Asssemdy(Tlatguiar SOpl, L EA 2 E 981.11. E m 1$ SDD oo S Do $ DU S Do S PRO OD $ D0 S 5 S1,181 C16f o f o 8 00 S 2D $ DO S o 8 w $ m $ 1 8Si 51 3 f 0 E o $ oo S m 3 Do S oo S oo $ ao S '» S AI--U.-ESES1 St- emenE 8 1 o f o S o 8 0 $ 00 S -- 8 0 $ 00 1$ l5DDDW S TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TMUS BID DATE: RCWaY.FSMu q 15,WNc. RIB SUISr bn ery,Ltd. o cn r ry na ru icn...,Inc. JE oa o u n im L. 534 EN%n v r ion,LLC E(Bates Roa0 to Bear Lane)BO 2820 an uc ,Btgt a ue rs r Rd o 505 Dp Rrva . 1 NBS,Hgli Dona 131 . BASE BID C CIRlR 7841 TX 2 C.P. TX C.P.ry Cli."TX—D Co CO."Xt]oryus 8413 ���ITE- DESCRIPTION U UNITPRICE I AMOUNT UNITPRICE I AMOUNT UNITPRICE I AMOU T UNITPRBE AMOUNT SUBTOTAL PART C-STREET IMPROVEMENTS IS f f f SRODSPA—ADAIMPf Rm(MMBNTS s90 Pan D) Ll 1 E 50 E 50 8 0 I 8 10,00000 8 BOOD m 8 BOOD DO 8 DDED DO 3 O,.D DO 8 Ss 8 o f 11.00 f 0 8 0 8175,500 BE S 11 DD 8 D $ D D0 8 m 8 2 8 7 f 4ZDD f m 8 00 S m 8 00 E 0o S BUDS 0o PREFAB PREFORMED THERMOPtws E s2 8 o f o f 50 8 m 8 G S o 8 m 8 0 8 DO8 50 8 SO m E 0 5 m 8 m 8 O $ BOB 8 BE 8 DO 8 0 8 7 8 S 10,000.00 E 0 8 O 8 0 8 0 8 TO 8 0 8 0 8 1 G S f f IS E f E m S m 8 m 8 OD 8 DO 8 DO 8 D0 8 DO 8 m 8 4 E o 5 0 8 G S G Y o 8 ao 8 G $ D 8 5 8 ull0ox HaMMIe 5 5 m f 0 8 ' 8 0 8 m 8 m E m 8 0 8 w 8 Ion m Ex¢L Pu00ox(H....) E m S m 8 DO 8 DO $ O 8 m 8 O 8 D 8 2 8 ntcIp—LT impiwe tl E m $ 00 8 m 8 DO 8 DO 8 DO 8 D0 8 DO 8 DO 8 7 E 0 E 0 8 0 8 G $ 0 8 D $ O $ 0 8 0 8 s 5 m f 0 8 DO 8 O S D0 8 DO 8 D0 8 D0 8 w 8 8,139 NO SUBTOTAL PART E-I.T AND ELECTRICAL IMPROVEMENTS I—El MI E7) IS f f f f w�i1-51—F) Ls 1 E 39,990.00 f 391990AH, 8 75BBBBE 8 0 8 B5BBBDO 8 B5DBBBE 8 B B BG S ,BOB. 8 CO.S. 8 s 85.00 5 m 8 1.D5 8 5 8 21D DO 8 3j5D DO 118 BE 8 1,1D DO 8 31.68 $ 4,75D DID LF 0 f u E m 8 D E o 8 0 8 ao 8 G $ 0o E 3 82351020 sa S o f m 8 E 3a S o 8 0 8 ao E 45 811,526. LF w f 0 5 0 8 0 S 00 S 0 8 0 8 0 S ao 8 t 8 cP(Class in) . f 0 S 2E82500 8 5 S 42207_75 f D 8 521oia00 8 22D DD S 423u500 S 2.ao 8 27 SO cP(Cl in) LF f 10.00 E 0 8 5 E 50 8 no 00 8 0 $ 311 DO 8 m E 4s E D2 f 0 S 0 8 575 Sa E 231 2D $ DO,Do E o 8 RD D 345,720 OD E D S311,911 SO 555 E 62SAH, E 0 $ SON o0 E oo $ T40 GO E o 1,06D DO 8 DO 8852 63 8 f m E m 8 so S so % 00 $ 00 8 0o 8 DO 8 4 E 3,141. 2 8 m 8E.D.J. 8 70 8 40 8 0D E 00 8 0 8 0 8 s $ tsL(1s N'D.)RCPWPmp PODInIN 5 E 4,3SC. f 21,7S.DD 8 2J.50 $ so $ 00 $ 7,0OUOD 8 0o 8 4D,5BBBB 8 2,369 ss S P p(1—D.)RCP W—(1—)Da_NOR EA 2 f m ESHO. $ 50 E 00 $ 00 E 00 lwo D0 8 1320000 8 OR 83,24803 s fO.C. E 4—IL 0 8 50 S so $ 0D E 00 S DO 8 00 E m E F15n lets 5 ! m E 0 8 50 $ 00 8 0D E D $ DO 8 00 E 73 ED86 BOB EllPost inlets 2 S 1 0 S 0 8 70 8 40 $ 00 8 0 8 DO 8 0 8 oa 8ill DO f 1 0 8 0 8 a0 S m S a0 S m 4 0 8 D S n 8 Die IT—1) E 182511110 f lE250.00 8 50 E so 8 DO 8 DO 8 0 8 0 8 7 8 FlD orc 7,009 aide st nn wateraM R-(111 EA 5 E t ) E 0 8 m E D $ 25000 DD $ 125,D00. $ o 8 DBODD 8 12,99D. 8 o—J—D), EA 1 S BE251).00 S 0 8 3861000 8 ao $ 48000 DO 8 D $ 3CBE0 00 8 3700000 8 53,17.43 8 53,17943 3 f 15M 8 0 8 18 DD S D $ 7 DO S 12531.00 8 13DO 8 2382900 $ 1377 8 3so 8 C 4 0 8 m 8 0 8 0 8 00 8 0 8 0o E a 8 1.1 RN E 0 E 0 8 DO 8 0 S m 8 BU 8 0 8 DD 85 55 8 3 f m E 00 $ NO E 50 8 00 8 ro E m 8 0 8 5 8 satet,to storm Watercom0rts�0e 435 f 0 E 0 8 S 3e 8 s0 S o0 8 0 8 0 8 05 E solely lm storm Water Manndevimets 1 ! m E Sgsoo.00 8 o0 8 m 8 00 8 DO S m 8 0 8 2 $ E 25000.00 5 0 8 0 8 G S D 8 D 8 0 8 0 8 2 D $ f f f f 71.0 P-G-WATER IMPROVEMENTS S 10220 E 0 8 O $ G S O $ o 8 0 8 0 8 1 0 8 s E m E o 8 w 8 so 8 m 8 G 8 m 8 0 8 s2 8 ss4 S o f 0 8 sO 8 sa 8 0 8 0 8 0 8 aD 8 0 8 7 8 0 8 m 8 s 8 53 8 00 8 0 8 0 E 12,22DOO 8 1.1D $ G5 B'DIA-DI BEND EA 5 E 52S.00 E m 8 50 8 2340000 $ oo S m 8 DO E 11,07200 $ 45 S DID S'IF EA 21 IS o f m $ 1,17950 8 00 $ lJOB Do 2.2CUOG lUBDUD $ 2,2CUO0 $ a 8 f m f m 8 45 8 45 8 00 8 Do 8 OD 8 00 E 1 s5 E On 8'TE-IN CONNECTON EA3 $ m S 0 8 45 E a5 S m 8 DO 8 DO $ D 8 52 85,413. f m E m 8 00 8 0o $ 3,600. 8 DO 8 D0 8 OD 8 1 8131 E m E m 8 m 8 m 8 m 8 m 8 m 8 m 8 es 8 Gil IT RE HYDRANT LT'(TYPE 2) EA S E m E 55200.110 8 w 8 77,22B DO 8 11,2DDDG 8 BOBGO 00 8 1DSOD DO 8 B64DD ED 8 B.D 7D 8 71,76532 5 13.00 E 22,89300 8 B 5J 8 14,1n5O 8 3 BE 8 5 283 DO 8 DO 8 0 8 Os 8 7,132 ON LS $ R O E OM.$ $ OED 0 $ D $ D S 2 G $SUBTOTAL PART G WASTEWATER IMPROVEMENTS SGI tVU GO 3) ! NEU f IMDIXim(Max ROC„IT) S 0 G S o 8 0 8 a 5 8 47 BIDS T3 ON. 8 00 m 8 0 8 ao 8 3a 8I ILL 7 ! 0 f 0 S W 00 S 0 8 DD 8 0 8Waster Grate L o f 0 f 0 8 DO 00 8 G S 00s0 f m f 0 S 00 m 8 m 8 m 8 0a 8 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TMS BID DATE: RCWaY.F—q 15,ROTA c. RIB SUIS r bn Bey,Ltd. o cn r ry ns ru icn eswrco,Inc. JE ons ru n Im LC -MAX n v r ion,LLC oa0(Bates Roa0 to Bear Lane)Bon02020 an uc 'Btg1 ue ors r :Up Rrva RO.L —1—HgOway 131 BASE BID CoryusmOO ,TX]8412 C.P.ch-,TX]Ba1 Corycs CO�tI,TX]8409 Coryus CO�IstI,TXt]8a13 ITEM DESCRIPTION UNIT U AMOUNT nett- 2 f UNITPRICE AMOUNT 0 f 0 $IIR W $ O3 $ ll O3 $ O3 $ O $ O $NIT W $ 7,27616 f m S m $ so $ So $ m $ 00 $ m $ w $ 53 $ f 00 $ W $ 50 $ 53 $ W $ W $ O3 $ 6,MD O3 $ 1 1 $ 2 S 18,4111100 s 3E888.BB $ 7,187 53 1,l375. $ m $ w $ 0 $ 3D00l DD $ 2423063 E oc(U p to6 D,pU) EA 2 f 17501100 S 35000.00 $ 5 E so $ I BDDD DD $ 00 16DLC 00 $ O $ 1 6 8 o f m E M700.00 $ 5 8 5 $ 0 8 00 8 m $ 0 $ ea 8 2 f 2 0 E 0 8 00 $ 00 % 0 $ m $ 0 $ 0 $ a 0 E20 8 0 4 0 $ 5 8 5 $ 0 $ 00 8 0 $ 0 $ 2 E Ill ��LtL— ew—",n11 7 E m E 0 $ �s 8 5 $ m 8 m 8 m 8 m 8 $ H15cegn rorS diameter wazt_—lm.—w0n Tran abn to a'o�aneter 5 $ m S 0 $ 5 E 50 $ oo $ m E m $ 72ooao0 E 02 8 Bypass Rampfg 0twastewater(Raw sewage) f 38a 0 f ) $ 00 $ 00 $ o f 0 $ 0 $ WE 6 5 E691— u to 25 teei 8 m 8 m $ W8 s0 $ 00 $ m $ m $ W $ 1 % $ waztexata Lbe 12-16 ce n 3 $ D E m $ 21. 1,18S. $ 21. $ m 8 1 m $ o0 8 13772 8 V PT '21E waIt-1 0 r t,ne 17 21 7 $a 5 f 0 8 D S 0 $ 0 $ so 8 00 $ m $ 00 $ s 8 D so 8 m 8 m $ 0 8 m 8 6 E slog—--IIRR waslewa•er—C2l-25ODXU) w S 0 f 0 $ oO E O $ O $ O $ O $ 12,750 DD $ 1 $ satery to wastewatr LF 574 f 0 $ 2525u00 8 57. $ 31005. $ 0 4 0 8 3S UD $ 0 $ 2 8 E 65,00 S 0 $ 1,R3125 8 5 $ 1,WD m $ 1,WD m $ 614 DD $ 0 $ 50 4 $ s o f 5,8SCM $ 0 8 11,615LO E 0 8 00 m $ 12000 8 m 8 21,2DD DD $ 26 oer 8 —I E 0 E 0 $ 5 8 5 $ m $ m 8 D E m 8 1 $ f m E 50 $ 5 E 25 $ 00 $ . E o0 $ m E 7 8 na)ast—/PI0p.nl.—b FrsO craae 6 E m $ 32ao0.00 $ m $ oo $ 00 $ oo $ m 8 0 8 26 8 mtip—wastewa 1 mpmlemems E $ D E 0 $ 0 8 75,DDDOD $ 0 $ 0 $ 0 $ 71L.Lo $ T 0 $ ! f $ f f TOTAL BASE BID $ 7,168,936.00 $ 7,393,623.63 $ 7,507,461.90 $ 7,829,068.00 $ 8,975,825.38 "• e appa-erR low dCOerwas Oeane0nan-respowve to the c1ry's 010 regwremeMs'• Capital Improvement Plan 2024 thou 2026 City of Corpus Christi, Texas Project# 21055 Project Name Hato Road(Bates to Bear) Type Improvement/Additions Department Public Works u Useful Life 25 years Contact Director of Public Works r Category Street-Rehabilitation Priority Critical-Condition\longevity Council District 3 Status Active 1 Description This project consists of reconstruction of existing 2-lane rural collector roadway with paved shoulders and roadside ditches. Improvements include new pavement surface,curb and gutter,pavement markings and ditch grading. Utility improvements include water, wastewater,and storm water. This project is currently scheduled to begin construction in FY 2024. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 3,530,000 3,530,000 Design 280,000 280,000 Storm Water-St. 167,742 1,776,600 1,944,342 Wastewater-St 80,814 1,058,400 1,139,214 Water-St. 80,814 1,058,400 1,139,214 Eng,Admin Reimbursements 80,000 750,000 830,000 Total 689,370 8,173,400 8,862,770 Funding Sources Prior Years 2024 2025 2026 Total G.O.Bond 2020 320,000 3,880,000 4,200,000 Revenue Bonds 369,370 4,293,400 4,662,770 Total 689,370 8,173,400 8,862,770 Budget Impact/Other 71 There is no projected operational impact with this project,at this time.Once the project is completed it will be added to the Street Preventative Maintenance Program. 241 Project Location Location Map ' ' ; '} .�. BATES LL i W. t-' Ld f. • f 0 F !J 4 t W z e Z Ld BEAR PROJECT NO. 21055 FLATO ROAD - CITY COUNCIL EXHIBIT 1. BATES ROAD TO CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES BEAR LANE Corpus Chr sti Engineering Hato Road (Bates Rd to Bear Ln) Council Presentation March 26, 2024 Flato Road (Bates Rd to Bear Ln) Corp*Chlsd Project Location Engineering P�ajeG Lora0in I �. Location Map t " n f �` PROJECT NO.21055 Hato Road (Bates Rd to Bear Ln) �o *.s-Ch, Scope of Work Engineering Motion awarding a construction contract to Bay Ltd. of Corpus Christi, TX, for reconstruction of Flato Road from Bates Road to Bear Lane, with new rigid concrete pavement, utility improvements, located in Council District 3, in an amount of $7,168,936.00. The proposed scope of work includes the listed below items: • Conversion of the existing 2-lane roadway into a 3-lane roadway with a new rigid concrete pavement section, multi-use path, traffic signs and pavement markings. The entirety of Bates Ln will first be repaired and resurfaced due to increased traffic from Flato Rd construction. • ADA compliant pedestrian improvements • Water, wastewater, I.T. conduit, and drainage system upgrades Hato Road Bates Rd to Bear Ln *.s-Ch, Project Schedule Engineering 2021-2023 - 2024-2025 July - Dec Jan - March May - May De Bid/Award Construction Projected Schedule reflects City Council award in March 2024, with anticipated completion by May 2025. S Cam` O � r U NORPOfl Fi E ;8 AGENDA MEMORANDUM Motion Item for the City Council Meeting of March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Ernest De La Garza, P.E., Director of Public Works edelagarza(u-)-cctexas.com (361) 826-1877 Josh Chronley, CTCD, Assistant Director of Finance & Procurement ioshc2(c)cctexas.com (361) 826-3169 Professional Services Contract Oso Creek Channel Bottom Rectification CAPTION: Motion authorizing a professional services contract with Hanson Professional Services Inc., Corpus Christi, Texas, in an amount of $4,192,377 for the Oso Creek Channel Bottom Rectification project to provide design services to enhance the capacity of the Oso Creek, located in Council District 5, with FY 2024 funding available from a Texas Water Development Board Loan. SUMMARY: This motion authorizes approval of a professional services contract to perform a feasibility study and design services for a segment of Oso Creek within City limits and associated stormwater projects to reduce flood waters from Oso Creek. BACKGROUND AND PURPOSE: Oso Creek, within the limits of Corpus Christi, is located between Greenwood Drive and Yorktown Blvd, and is approximately 12 miles in length, flowing into Oso Bay. During the City's most major storm events, Oso Creek overtops and causes flooding in South Corpus Christi. The intent of the project is to evaluate options for improving drainage. This professional services contract will provide services for a feasibility study, which includes coordination with city, county, and state officials, a survey of existing conditions, a detailed drainage study, a project phasing plan, and engineering design of the decided improvements. PROJECT TIMELINE: April - April May May Feasibility Study Design Phase Projected schedule reflects City Council award of professional services in March 2024 with anticipated completion by May 2026. COMPETITIVE SOLICITATION PROCESS: Hanson Professional Services Inc. was selected in April 2023 under RFQ 4413-Professional Engineering Services for the Oso Creek Channel Bottom Rectification project, which was the only project announced under the Stormwater CIP 2023 Projects category of the RFQ. Seven firms submitted qualifications for the Oso Creek Channel Bottom Rectification. The selection committee was comprised of representatives from the Public Works and Engineering Services Department. The final evaluation ranked Hanson Professional Service Inc. as the highest-ranked firm based on six factors: 1. Firm Experience on Projects of Similar Scope and Complexity 2. Firm Capability & Capacity on Comparable Projects 3. Team Member Experience & Qualifications 4. Team Experience on work of similar Scope and Complexity 5. Team Availability of resources to accomplish the work 6. Demonstrated understanding and experience with a public agency Hanson Professional Services Inc. has worked on City projects for over twenty years and has completed multiple comparable stormwater projects. Notable local projects include Oso Creek Basin Stormwater Relief, Williams Ditch Stormwater System Assessment, and the Drainage Master Plan for Nueces County. ALTERNATIVES: Council could elect not to award the contract to Hanson Professional Services Inc. Not awarding the contract for these professional services will increase the potential for long-term flooding damage. FISCAL IMPACT: The project is being funded in FY24 and FY25 through a Texas Water Board Development Board Loan in the amount of $3,519,297, and a Texas Water Development Board Forgivable Loan in the amount of$1,173,098. FUNDING DETAIL: Fund: StWtr2022A TWDB (Fund 4535) Department: Storm Water (47) Organization: Grants & Capital Projects Funds (89) Project: Oso Creek Channel Bottom and Green Infrastructure (Project No. 23020) Account: Outside Consultants (550950) Activity: 23020 Amount: $4,192,377.00 RECOMMENDATION: Staff recommends approval of the professional services contract with Hanson Professional Services Inc. in an amount not to exceed $4,192,377 for the Oso Creek Channel Bottom Rectification project.This study will begin in April 2024, with an estimated completion of the design phase by May 2026. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Evaluation Matrix Proposal Presentation RFQ No.4413 Professional Engineering and Testing Services for FY2O23 and Bond 2022 Stormwater Category:Oso Creek Channel Bottom Rectification Proposal Evaluation Score Hanson Professional Freese and Nichols LJA Engineering International Govind Development Trimad Consultants ECS Southwest Services Consulting Engineers Corpus Christi Corpus Christi Corpus Christi Corpus Christi Corpus Christi Pharr San Antonio Minimum Qualifications Licensng/Cenfication No Mmeral Lawsuits Past S Yews el J 9 d 9 NoMmerial Regulatory Issues Past S Years References Provided for Firm Minimum Qualifications Pass/Fa I Pass Pass Pass Pass Pass Pass Pass Technical Proposal 70 Experience on projects ofsimilar scope and complexity 7 6.4 6.4 5.8 3.5 2.3 0.6 0.0 Demonstrated capability&capacity on comparable projects ] 1 6.4 7.0 6.4 4.1 3.5 1.8 1 0.0 Past Performance ] 6.4 6.4 7.0 4.1 4.1 0.6 0.0 Team members with experience and qualifications ] 7.0 7.0 6.4 4.1 3.5 1.8 0.0 Team members experience with work ofsmilar scope and complexity ] 6.4 6.4 5.8 2.9 2.9 1.2 0.0 Availability ofresources to accom plish the work 7 7.0 7.0 6.4 4.1 4.1 2.3 0.0 Demonstrated understanding ofthe scope ofservices 14 12.8 14.0 14.0 7.0 5.8 2.3 0.0 Demonstrated understanding and experience with a public agency 14 14.0 14.0 14.0 8.2 7.0 4.7 0.0 Subtotal Technical Proposal 70 66.5 68.3 65.9 37.9 33.3 15.2 0.0 Interview 30 Firm Experience on Projects of Similar Scope and Complexity 4 3.7 3.3 3.3 0L3709 0 0.0 0.0 0.0 Firms Capability&Capacity on Comparable Projects 4 3.] 3.3 3.3 0.0 0.0 0.0 Firm Past Performance 2 1.7 1.7 1.8 0.0 0.0 0.0 Team Member Experience&Qualifications 4 3.7 3.3 3.0 0.0 0.0 0.0 Team Experience on work ofsmilar Scope and Complexity 4 3.7 3.3 3.0 0.0 0.0 0.0 Team A"ilability ofresources to a ccomplish the work 2 2.0 1.8 1.7 0.0 0.0 0.0 Demonstrated Understanding of Scope of Service 5 4.6 4.6 5.0 0.0 0.0 0.0 Demonstrated understanding and experience with a public agency 5 5.0 4.6 4.6 0.0 0.0 0.0 Subtotal Interview 30 27.9 26.0 25.7 0.0 0.0 0.0 Total 100 94.5 94.3 91.7 33.3 15.2 HANSON Hanson Professional Services Inc. 4501 Gollihar Road Engineering I Planning I Allied Services Corpus Christi,TX 78411 (361)814-9900 Fax:(361)814-4401 www.hanson-inc.com October 26, 2023 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: City of Corpus Christi 23020 - Oso Creek Channel Bottom Rectification Dear Mr. Edmonds, We are pleased to present this proposal for providing civil engineering services in connection with the above referenced project. Our proposed scope of services and associated fees are as follows: PROJECT SCOPE The Consultant (Hanson Professional Services, Inc. and their teaming partners) will develop the preliminary and final design, permitting and construction plans for the Oso Creek Channel Bottom Rectification project with associated stormwater improvements projects within the Oso Creek watershed. The intent of this project is to improve a 12-mile section of Oso Creek from Greenwood Drive (just downstream outfall of La Volla Creek confluence) to Yorktown Boulevard (the outfall into Oso Bay). This project is funded through a combination of City funds and funds from the Texas Water Development Board (TWDB). The Consultant intends to accomplish this task by developing an Engineering Feasibility Report (EFR) by reviewing, updating and refining existing hydrologic and hydraulic models, identifying permitting constraints, understanding water quality and restoration potential opportunities, developing a prioritized project development matrix with a detailed estimate of overall project costs within the watershed to include the channel bottom rectification in conjunction with other stormwater management improvements. This involves meetings with City staff to review identified projects and prioritization matrices and providing periodic updates to stakeholders. Once the EFR is approved by the City and the TWDB, permitting and final design of the identified main channel improvements will proceed. This effort will include the permitting and design of all stormwater management components and structures, identifying utility conflicts and managing required adjustments, identifying required easements / ROW and assist in the acquisition process, and preparation of a full set(s) of construction plans and contract documents that are ready for the bidding phase. Additionally, the consultant will coordinate with FEMA to coordinate the revision of the NFIP maps based upon the proposed improvements. The Project is anticipated to include the following Basic Services: Task A-1. Project Management and Meetings Task A-2. Preliminary Engineering Report Task A-3. Design Phase HANSON g ,g I Piar,,,,,g I 4,d Se,ces Mr.Jeff Edmonds October 26,2023 City of Corpus Christi—Oso Creek Channel Bottom Rectification Page 2 of 12 A-1. PROJECT MANAGEMENT AND MEETINGS $167,057.00 Consultant will regularly communicate throughout the project with the City through teleconference calls, online conferencing, or in person meetings as detailed below for coordination and progress updates. The following meetings are required to accomplish the various tasks outlined in this scope: Project Kick-off Meeting — Consultant will coordinate a project kick-off meeting. The kick-off meeting will include introduction of Consultant's team to the City, City staff introductions, and communication and invoicing protocols. Consultant will provide the City with a data request list and agenda prior to the meeting, to be discussed at the meeting. The kick-off meeting will also serve to provide for further scope development and refinement between the City and Consultant. Project Team Coordination meetings—Consultant will participate in monthly progress meetings with City's Project Manager at the City Offices to review progress, discuss data needs, and any topics of special concern. The results of these meetings will be documented in the Project Status Report. A maximum of two (2) hours is anticipated for each meeting. These meetings will primarily consist of teleconference calls. Consultant will prepare summary notes from each meeting and submit to the City's Project Manager for review and approval. It is anticipated that the work will be completed in twenty-four (24) months, so up to twenty-five (25) City staff status meetings are anticipated in this scope. Project Status Reports—Consultant will prepare and submit monthly status reports of the overall project schedule, critical tasks, and coordination in conjunction with each monthly invoice. a. Deliverables: • Project Management Plan — The PMP will include the project team members, organizations flowchart, team directory and contacts, the updated project schedule with tasks, milestones, and deliverables. • Monthly Updates — Consultant will deliver monthly updates to the City identifying the progress, updated schedule and budget, notify the City of project needs, and identify A-2. PRELIMINARY PHASE $576,438.00 Consultant will review, update and refine existing hydrologic and hydraulic models, develop a prioritized project development matrix within the watershed to include the channel bottom rectification in conjunction with other stormwater management improvements within the main channel and other tributary channel improvements, develop desktop environmental and cultural resources assessment with an opportunities and constraints analysis including initial coordination with the USACE and other regulatory agencies, Data Collection - Consultant will coordinate with the City to obtain the following data: • Updated City Drainage Masterplans and Capital Improvements Plan — The City shall identify and provide the City's most recent comprehensive stormwater masterplan updates and coordinating CIP and any other related documentation. • GIS Data— City to provide utility, parcels, existing zoning, future land use, and planimetric data including the latest LiDAR information projected in NAD 83 State Plane, South Texas Zone coordinates. Additional data may be collected from other public sources including flood and rainfall data, water quality and environmental data, and cultural resource data. • Record Drawings/Plans — City to provide the record drawings / as-built plans for existing major storm drains and channel updates within the project limits. HANSON a,,na I Phi na ana seP� Mr.Jeff Edmonds October 26,2023 City of Corpus Christi—Oso Creek Channel Bottom Rectification Page 3 of 12 Existing Modeling / Master Plan Review and Updates - Consultant will coordinate with the City to obtain the previously completed hydrologic and hydraulic models and other pertinent drainage master plan information. The review will be used to understand limits, opportunities, and constraints identified within these models and master plans, identify the methodology for the modeling updates, and initiate the project identification and prioritization. Consultant will refine the existing models with updated topographic data utilizing approved methodology. Preliminary Design — Develop Conceptual Stormwater Management Projects - The refined H&H models along with the restoration and water quality considerations will be used to develop conceptual designs of appropriate stormwater management improvement projects within Oso Creek. The projects will be developed in concert with the understanding of the permitting analysis and assessments and potential costs and constructability concerns. The projects will be assessed based on the benefits to the creek's overall hydraulic performance, water quality performance, restoration potential and ecological integrity. A prioritization matrix, developed with the City staff and stakeholders, will be used to identify priority projects within the creek. Additional components of the preliminary design include project site assessments, and field geomorphic data collections for water quality opportunities (geomorphic channel surveys, soil/substrate collection and analysis, and existing vegetation analysis). Assimilation of Environmental Desktop Assessment, Identification of Impacted Utilities and Assessment of Easement / ROW Needs in EFR — The Consultant will assimilate the results, reports, and evaluations of these tasks, that are included with the Additional Services scope, into the EFR. Preliminary Project Cost Estimates — Consultant will develop an opinion of probable construction costs (OPCC) and a constructability report for the identified stormwater management improvement projects. These OPCC and constructability analyses will be updated throughout the design process. Engineering Feasibility Report— Consultant with draft the Engineering Feasibility Report (EFR) to form the conceptual basis for the flood mitigation strategy and stormwater management project approach. The EFR will conform with the Texas Water Development Board's Guidance for the Preparation of Flood Mitigation Project Engineering Feasibility Reports and will include the data collection, H&H design methodology to meet the modeling standards, existing conditions based upon updated models, full environmental desktop assessment, the preliminary design of stormwater management improvements within Oso Creek, the Resilience Alternatives Analysis prescribed by the TWDB, and other project specific requirements. The EFR will be considered the 30% design submittal and will develop typical channel dimensions, alignment, cross sections and profiles for the channel bottom rectification, plan sheets for the preliminary design features, preliminary water quality components and best management practices (BMP) sizing and details. a. Deliverables: • Project GIS Database — The GIS Database will include project specific hydrologic attributes, environmental permitting components, channel geomorphology, utilities, property limits with easements and ROWs, and other project specific. • Project Prioritization -A list of potential projects will be provided and prioritized based on factors such as hydraulic, water quality and ecological benefits and costs. An exhibit will be provided that identifies the project locations, prioritization, and costs. HANSON a,,na I Ph—na ana seP� Mr.Jeff Edmonds October 26,2023 City of Corpus Christi—Oso Creek Channel Bottom Rectification Page 4 of 12 • Engineering Feasibility Report—The EFR will include the items mentioned above to meet the TWDB requirements. The draft and final EFR will be submitted to the TWDB for review and approval. Additionally, the EFR will include identified the environmental permitting desktop assessment, the analysis of the probable ROW / easement acquisitions required for the conceptual projects, and the results of the existing utility conflicts report. The EFR will include the preliminary design (assumed 30% construction drawing submittal) and opinion of probable construction costs with a constructability report of the identified stormwater management improvement projects. b. Assumptions: • City to provide regular guidance and regular feedback through staff and possible stakeholder group to help identify prioritized project design criteria. • Coordination with other local governmental agencies — TxDOT, Nueces County, TWDB, TxGLO, etc. —is facilitated through the City's project manager. • Meetings will have virtual accommodations allowing for ease of access for all parties and reduce the travel time and costs associated with the number of anticipated meetings. A-3. DESIGN PHASE $2,645,080.00 Consultant will proceed with refining the design and developing construction drawings for the Oso Creek Channel Bottom Rectification and other associated, prioritized stormwater management projects within the creek. As the EFR will help identify, define, and prioritize the potential stormwater management projects and associated opportunities and constraints, categorizing specific costs, within this contract, for the design phase elements should be considered preliminary and adaptable based upon the project needs identified within the EFR. It is anticipated that several construction contract sets may developed depending on the construction discipline involved, the location of the improvements, permitting requirements, timeline constraints, or other factors. The determination of these construction contract sets will be decided by City staff and Consultant during review and approval of the EFR, prior to commencement of the design phase. Manage Utility Conflicts and Required Adjustments - Consultant will coordinate with the City and other franchised and private utility owners for the relocation of the utilities, as identified within the EFR. It will be decided, prior to the design phase, whether those utility relocations will be included in separate contracts or grouped together. The construction drawings and specifications for these projects will be coordinated through the utility owners. Design Submittals—The EFR will incorporate the 30% draft submittal and will provide the general project approach and layout as described previously. The subsequent submittals within the Design Phase scope include a 60%, 90%, 100%, and Final submittal. These submittals will include submittal checklists, OPCCs, Front end document, technical specifications, project summaries, bud forms and construction plans with prior review comment resolutions. • 60% Construction Plans - Building upon the 30% plans and comments, and upon approval of the design elements presented in the EFR, Consultant will begin the detailed design development of the project. This will include refining the limits of disturbance, finalizing channel bottom rectification cross sections and profile, in-stream structure location and type, incorporating a grading plan and structural modifications to bridges or other project impacted structures. Stormwater BMP selection will be finalized and designed and the standard details will be revised. HANSON a,,na I Phi na ana seP� Mr.Jeff Edmonds October 26,2023 City of Corpus Christi—Oso Creek Channel Bottom Rectification Page 5 of 12 • 90% Construction Plans - The 90% design will be revised based on comments received from the 60% review meeting. All design aspects will be finalized including: alignment, profile, grading, structure types and location, utility relocations, erosion and sediment control features, site access, vegetation plans, and existing tree plan. Cut/fill quantity estimates will be generated and shown on the plans along with other project specific quantities of stormwater management devices and structures, utilities, vegetation, erosion control devices, and all other pertinent items will be finalized. Additionally, the construction sequence will be incorporated into the project plans, and the OPCC and constructability reports will be updated. • 100% Construction Plans - The 100% design will be revised based on comments received from the 90% review meeting and will incorporate all comments from the City, regulatory agencies, and project team QA/QC professionals. The construction sequence and special provisions will be finalized and incorporated into the project plans, and the OPCC and constructability reports will be completed. FEMA Coordination and Map Revision —An expected result of the Oso Creek Channel Bottom Rectification and associated stormwater improvement projects is an overall drop in the 100-yr storm water surface elevation (WSE) and a reduced footprint of the 100-yr floodplain. This WSE is the basis for the base floodplain elevations (BFE) identified on the NFIP maps. To change the BFE and floodplain boundaries on the panels/maps, extensive documentation and coordination is required. The consultant will assist the City in this effort, providing updated hydrologic and hydraulic modeling and mapping and the refinement of approximate Zone A floodplain boundaries. During the coordination with FEMA it will be determined whether a physical map revision (PMR) or a letter of map revision (LOMR). There are associated community comment and input typically associated with this effort along with associated review fees charged by FEMA. LOMRs are primarily intended for small areas of change where flood hazards are typically decreasing. Due to the anticipated size of the area of change, the fees included within this task assume a PMR will be required. a. Deliverables: • Design Submittals — 60%, 90%, 100%, and Final Submittal. Each submittal will include submittal checklists, OPCCs, constructability reports, front end document, technical specifications, project summaries, bud forms and construction plans with prior review comment resolutions. • Physical Map Revision —The PMR and prior submittal to FEMA will include updated hydrologic and hydraulic modeling and mapping and the refinement of approximate Zone A floodplain boundaries. b. Assumptions: • City to provide regular guidance and regular feedback through a focus group to help identify community input on identified projects and with the FEMA map updates. • Coordination with governmental agencies — TxDOT, Nueces County, FEMA, etc. — is facilitated through the City's project manager. HANSON a,,na I Ph—na ana seP� Mr.Jeff Edmonds October 26,2023 City of Corpus Christi—Oso Creek Channel Bottom Rectification Page 6 of 12 The Project is anticipated to include the following Additional Services: Task B-1. Environmental Permit Preparation Task B-2. Topographic and Boundary Identification Survey Task B-3. ROW/ Easement Acquisition Survey and Parcel Descriptions Task B-4. Public Involvement B-1. ENVIRONMENTAL PERMIT PREPARATION $397,822.00 Consultant will provide the following environmental services for the Oso Creek Channel Bottom Rectification project. Prior to beginning Clean Water Act (CWA) permitting, the limits of jurisdiction must be identified, the project footprint must be determined, and proposed impacts to Waters of the United States (WOTUS) calculated. The limits of CWA jurisdiction are determined by a Wetland and Ordinary High Water Mark (OHWM) Delineation and request for Jurisdictional Determination to the United States Army Corps of Engineers. Additionally, verification of compliance with General Conditions such as a survey for special aquatic sites (oyster reefs, mangroves, seagrasses), threatened and endangered species, and cultural resources is also needed as supporting documentation for the CWA permit. Consultant assumes the project will be designed to be self-mitigating. Consultant would conduct ecological modeling to support zero net loss of function and value of WOTUS. The data will be summarized and submitted to the TWDB through an Environmental Data Form (EDF) for their review and approval. Preliminary Phase Services Support • Opportunities and Constraints Analysis • Draft EFR (Environmental Section) Environmental Report Preparation • Waters of the United States Delineation • Jurisdictional Determination • Threatened and Endangered Species Habitat Assessment • Agency Coordination and Meetings • Individual Permit for Oso Creek Main Channel Opportunities and Constraints Analysis - Consultant will obtain Geographic Information Systems (GIS) data layers of natural and cultural resources that may present opportunities or constraints within the proposed project limits. During the analysis of the data, Consultant will identify any potential data gaps, or additional data needs that may be required to develop a report to be included in the EFR (Environmental Section). Consultant will conduct an overall inventory and review of the proposed project areas to determine the potential magnitude of impacts to existing natural resources, potential environmental concerns, constraints, opportunities, and permitting needs and timelines. Consultant will develop supporting maps with relevant information overlayed. Consultant will conduct a meeting with the City reviewing and explaining the results of the analysis including recommendations for mitigating risks associated with constraints and capitalizing on opportunities. Engineering Feasibility Report(Environmental Section) - Consultant will utilize the results from HANSON a,,na I Ph—na ana seP� Mr.Jeff Edmonds October 26,2023 City of Corpus Christi—Oso Creek Channel Bottom Rectification Page 7 of 12 the Opportunities and Constraints Analysis to develop the Environmental Assessment section of the EFR. This document will indicate the location of observed and potential environmental constraints that may affect the project timeline and proposed solutions. Consultant will provide a general Environmental Table describing the major uncertainties and risks associated with the recommended flood mitigation and water quality restoration projects at the targeted locations, including the general approach recommended for mitigation or avoidance. WOTUS Delineation - Consultant will delineate the boundaries of all aquatic features and determine their potential jurisdictional status through records and literature review, intensive field surveys, and coordination with the USACE and the Environmental Protection Agency (EPA). All aquatic features will be delineated in accordance with the procedures mandated in the USACE 1987 Wetland Delineation Manual (Manual) and November 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain (Version 2.0). The Ordinary High-Water Mark (OHWM) of all waterbodies will be delineated in accordance with standard procedures set forth by the USACE. The delineation will adhere to industry standards utilized on similar projects in similar areas by qualified wetland scientists. All boundaries shall be surveyed with sub-meter Global Positioning System (GPS) technologies that are consistent with the methodologies generally accepted by the USACE. Consultant will draft a report discussing the aquatic resources found in the Project Area, including vegetation, hydrology, and soils, along with the results of the field investigation for potential WOTUS. Consultant will submit the draft report to the client. Upon client approval, Consultant will prepare a Jurisdictional Determination request (ADJ or PJD) to the USACE. Jurisdictional Determination - The USACE/EPA are the final authority on the jurisdictional limits of aquatic features. Consultant will submit the WOTUS Delineation report along with a request for jurisdictional determination to the USACE. Consultant will prepare a Jurisdictional Determination request with the appropriate forms, supporting documentation, and cover letter summarizing the information to help the USACE in their review. The USACE and/or EPA will verify the boundaries of those areas delineated that may be within their jurisdiction utilizing the draft WOTUS Report. This verification may be conducted from their offices (desk audit) or performed in the field at the proposed Project Area. Based on the size of the proposed project, Consultant assumes that the verification will consist of a field inspection. Consultant will accompany a USACE representative in the field during the verification process. It is assumed that two days would be required to complete the verification of delineated boundaries and jurisdictional limits. Additional verification meetings can be performed at additional cost through a separate cost proposal. T&E Species Habitat Assessment-A Memorandum of Agreement(MOA) between United States Fish and Wildlife Service (USFWS), EPA, and National Oceanic and Atmospheric Administration (NOAA) requires an assessment of potential affect to state and federally listed species protected under the Endangered Species Act, Migratory Bird Treaty Act (MBTA), and the Bald and Golden Eagle Protection Act (BGEPA). To comply with federal and state regulations and to support the USACE permitting process, Consultant will conduct a protected species and habitat assessment. HANSON F,g.,,,r,,g I Phoning ana seP� Mr.Jeff Edmonds October 26,2023 City of Corpus Christi—Oso Creek Channel Bottom Rectification Page 8 of 12 Qualified biologists will perform a pedestrian survey to verify the presence or absence of suitable habitat for state or federally listed T&E, M BTA, and/or BGEPA species on or adjacent to the Project Area. Habitat types and current land use will be documented and photographed. The T&E Species Habitat Assessment Report will identify the presence or absence of suitable habitat for listed species and provide recommendations for best management practices (BMPs), if needed. Based on the results of the habitat assessment and a review of the proposed project designs, species specific surveys (oysters, freshwater mussels, sea grasses, etc.) may be required by TPWD, USFWS, or the USACE. Should impacts to T&E be anticipated the USACE may require Section 7 Consultation and a Biological Assessment to be prepared. Consultant will prepare recommendations and a scope for these efforts at that time, as needed. Agency Coordination - Due to USACE ongoing workloads and limited staffing, Clean Water Act permitting may take years to be processed by the USACE. To help expedite this process, Consultant would encourage and facilitate a pre-application meeting with the USACE, and if significant impacts to threatened and endangered species or cultural resources are possible, a Joint Evaluation Meeting may also be advisable/needed. This allows the USACE (and agencies, if needed) to provide valuable input early in the process preventing re-work and costly design iterations. Consultant would coordinate, facilitate, and provide notes and documentation for these meetings. The purpose is to introduce the proposed project and solicit feedback from the regulatory agencies to assist with design, implementation of BMPs, and permitting considerations. Individual Permit for Oso Creek Main Channel - Due to the length of the proposed project within Oso Creek from Oso Bay to La Volla Creek, it is assumed an Individual Permit would be required. Consultant will meet with the City to discuss the project, including goals, plans, objectives, and design. Consultant will draft an action item list that will need to be reviewed to complete the permitting process prior to this meeting. This list will also outline the permitting process. Based on project details, Consultant will prepare the IP application form. Consultant assumes that the project will be self-mitigating and that no net loss of function or value to WOTUS is anticipated. See Assumptions & Limitations regarding 12-step mitigation plan. Preparation of Public Notice - The USACE typically creates the Public Notice document to solicit public comments during Section 404/401 permitting. This draft will replicate the current USACE Public Notice format for this type of document and will incorporate all pertinent details related to the proposed project for clear and concise communication to the public as approved by the City. Consultant will expedite the USACE permit approval process by preparing the Public Notice on the agency's behalf, which also helps maintain project description consistency for the public. Consultant will provide the document to the City (first) and then to the USACE for review and comment, and incorporate comments into the draft document, providing the final document to the USACE for release to the public once all approvals are received. Response to Public Comments - Once the required 30-day public comment period is complete, the USACE will provide all comments to the Consultant. Following receipt of public comments, Consultant will prepare a comment/response matrix to organize the comments. Consultant will then meet with the City to discuss and evaluate the comments and prepare agreed upon responses, as needed. Consultant will utilize the results of this meeting and other project elements to respond to public comments within 30 days of receipt from the USACE. Consultant assumes that two rounds of responses to public comments will be required. Additional requests, provided HANSON a,,na I Phi na ana seP� Mr.Jeff Edmonds October 26,2023 City of Corpus Christi—Oso Creek Channel Bottom Rectification Page 9 of 12 they are not considered Consultant errors, can be accomplished at additional cost per the attached Rate Schedule. Preparation of Statement of Findings - At the permit approval stage, the USACE creates the Statement of Findings, which documents the USACE's decision-making process and action for each permit, and ultimately becomes the administrative record that supports any permit that may be issued for a project. Typically, once the Statement of Findings is complete and reviewed internally by the USACE, the permit would be sent to the Applicant for signature agreeing to the terms and conditions of the permit. The Statement of Findings is a thorough document, which represents many man-hours for the USACE to prepare. Consultant would strongly encourage and offer to draft this document on the agency's behalf using the current USACE Statement of Findings format. Doing so would accelerate the process and, ultimately, the overall permit processing timeframe. Consultant will prepare the draft Statement of Findings and provide the document to the City and the USACE for review and comment. Consultant will incorporate comments into the draft document and provide a final document to the USACE for release to the public. a. Deliverables - A draft copy of all reports will be provided electronically to the City for review. An Environmental Data Form (EDF) will be submitted to the TWDB for review. Upon incorporating and addressing comments, a final draft will be sent electronically to the City, TWDB and USACE. b. Assumptions: • The project extends approximately 11 to 12 miles. • Consultant assumes the pre-application meeting and JEM will be held virtually. • This scope of work assumes an 18-month environmental process and includes time for two key staff to attend one virtual meeting per month during this timeframe. B-2. TOPOGRAPHIC AND BOUNDARY IDENTIFICATION SURVEY $272,150.00 Consultant will develop a full understanding of the required horizontal and vertical control, project property boundaries including state-owned submerged lands, and current ownership of properties within the project area and adjacent properties. By use of survey equipment and field crews, the Consultant will establish horizontal and vertical project controls based upon industry standard datums to be used for the duration of the project. Coordination with governmental agencies - TxGLO, FEMA and the USACE — is required to set project control that can be utilized for needs for all project disciplines, permits, property definitions and acquisition. Permanent and temporary benchmarks and monumentation will be set to hold the control for the duration of the project. Consultant will coordinate with the City, or other governmental entity, to obtain the most recent LiDAR data. This data will be used in conjunction with previously obtained physical survey data from Consultant's past Oso Creek projects to develop an existing conditions surface within the project boundaries. Adjustments will be made to rectify data into vertical and horizontal datums consistent with the project control. Consultant will identify gaps in field data and perform on-ground topographic surveys to ground-truth the existing conditions, as needed, and provide added precision for the updated H&H models. A consistent, electronic surface will be developed in AutoCAD Civil3d for project design purposes. A boundary survey, including research and verification, will be performed within the project limits. Additionally, a desktop review of adjacent properties sufficient to identify ownership and approximate extents will be developed to understand the existing easement, ROWs, exclusions, and other property HANSON F,g.,,,r,,g I Phoning ana seP� Mr.Jeff Edmonds October 26,2023 City of Corpus Christi—Oso Creek Channel Bottom Rectification Page 10 of 12 boundary elements. This desktop review will be the basis for further investigation of ROW/easement acquisition needs and requirements. A base map, including an LSLS determination of the state-owned submerged lands, full boundary survey of the project area and City owned lands and the desktop survey of adjacent properties will be included in a base map to be provided to the City and used for design purposes. B-3. ROW/EASEMENT ACQUISITION SURVEY & PARCEL DESC. $80,710.00 Consultant will take the ROW / Easement acquisition requirements, along with the boundary identification and property survey information to develop legal descriptions, parcel maps and associated exhibits for properties, easements, and ROWs that would be required to be purchased. Further boundary investigations and title research will be completed to assist the City staff with the acquisition of the required lands. Final documentation, including easement documents and exhibits, will be prepared. As previously mentioned, the EFR should identify the properties needed for the prioritized projects. The estimated time and effort for this task is based on assumptions of the required land acquisition and should be considered an allowance, as needed and identified within the EFR. B-4. PUBLIC INVOLVEMENT $53,120.00 Consultant will assist in the City's effort for public involvement and associated meetings as required by TWDB, USACE, and FEMA. Additionally, the Consultant will develop a plan to assist the City in disseminating information about the project components and benefits and to address citizen concerns. B-5. SUBSURFACE UTILITY ENGINEERING (SUE) AND INVESTIGATION NOT INCLUDED B-6. GEOTECHNICAL INVESTIGATION & RECOMMENDATIONS NOT INCLUDED HANSON F,g.,,,r,,g I Phoning ana seP� Mr.Jeff Edmonds October 26,2023 City of Corpus Christi—Oso Creek Channel Bottom Rectification Page 11 of 12 SUMMARY Project Name: Oso Creek Channel Bottom Rectification Project Proj. No .: 23020 Consultant: Hanson Professional Services Inc. Project Summary of Fees Basic Services I.D. Task Description Fee Subtotals A 1 Project Management and Meetings $ 167,057.00 A 1 Preliminary Phase $ 576,438.00 A 2 Design Phase $ 2,645,080.00 A 3 Bid Phase $ - A 4 Construction Administration Phase (T&M) $ - Basic Services $ 3,388,575.00 Additional Services B 1 Environmental Permit Preparation (T&M) $ 397,822.00 B 2 Topographic and Boundary Identification Survey (T&M) $ 272,150.00 B 3 ROW/Easement Acquisition Survey and Parcel Descriptions $ 80,710.00 B 4 Public Involvement (Meetings, Exhibits, and Responses) (T&M) $ 53,120.00 B 5 Coordination for SUE Investigation (Level A) Not Included B 6 Geotechnical Investigation and Recommendations Not Included Additional Services $ 803,802.00 A Basic Services Fee Total $ 3,388,575.00 B Additional Services Fee Total $ 803,802.00 • $ 4,192,377.00 HANSON a,,na I Ph—na ana seP� COMPENSATION Basis of Compensation Hanson's compensation for the above services is a lump sum in the amount of$4,192,377 for the services identified above. We appreciate the opportunity to work with you on this project. Sincerely, Hanson Professional Services, Inc. U x Wilfredo Rivera, Jr., PE Vice President/ Project Principal I:\22Jobs\22L0180B\Admin\03-Proposal\Final\Oso Creek Channel Bottom Rectification-Contract Agreement(Final-Updated 10262023).docx Capital Improvement Plan 2024 thou 2026 City of Corpus Christi, Texas Project# 23020 Project name Oso Creek Channel Bottom Rectification Type Improvement/Additions Department Public Works-Storm Water Useful Life 25 years Contact Director of Public Works Category Storm Drainage Priority Critical-Condition\longevity Council District 5 — Status Active Description The Oso Creek Channel Bottom Rectification will advance long-term resilience by enhancing the capacity of the storm water system and improving water quality. The project will improve a 12-mile section of Oso Creek from Greenwood Drive to Yorktown Boulevard and the 37 miles of earthen channels that convey storm water to Oso Creek. Remove peaks and depressions in channel bottom;design for flood conveyance and capacity;design pervious access roads to maintain the creek;provide stabilization/erosion prevention of banks,focusing on areas around existing infrastructure such as bridges and outfalls(rip rap,revegetation,etc.);remove debris;provide environmental review/ permitting;and prepare asset management plan,probable costs,and plans and specifications,construction bid documents.This project continues in the long-range plan. Justification Restoration of channels and ditches is critical to avoid potential washouts that may result in encroachment,flooding and undermining of adjacent public/private structures including streets,bridges,utility lines,buildings,and homes. Expenditures Prior Years 2024 2025 2026 Total Design 2,096,197 2,096,198 4,192,395 Eng,Admin Reimbursements 250,000 250,000 500,000 Total 2,346,197 2,346,198 4,692,395 Funding Sources Prior Years 2024 2025 2026 Total Texas Water Development Board- 586,549 586,549 1,173,098 Forgivable Loan Texas Water Development Board- 1,759,648 1,759,649 3,519,297 Loan Total 2,346,197 2,346,198 4,692,395 Budget Impact/Other 71 An assessment will be conducted at the conclusion of this project to determine maintenance costs. 5. I iA rqL „ , rr ® ' I • I • _ • .v • `�#��,rte,+4 a�' rg�„ , . � _ - A-• � � V.9t r e s CHANNEL EXHIBITOSO CREEK 4 � C •-- - DEPARTMENT OF J + t rasa Corpus Chr sti Engineering Oso Creek Channel Bottom Rectification Council Presentation March 26, 2024 Oso Creek Channel Bottom Rectification �= Project Location Corpu*Ch, Engineering 86 �RATOC,1 C &Vp Y m PROJECT LOCATION 86 PROJECT NUMBER:23020 OSO CREEK CHANNEL C�ITY��O NCL EXHSBIT BOTTOM RECTIFICATION 2 j Oso Creek Channel Bottom Rectification Scope of Work *.s-Ch, Engineering Motion awarding a professional services contract to Hanson Professional Services Inc., to perform a feasibility study and design services for a segment of Oso Creek within City limits and associated stormwater projects to reduce flood waters from Oso Creek, in Council District 5, in an amount of $4,192,377. The proposed scope of work includes the listed below items: • Existing conditions survey & evaluation • Coordination with City, County, & State officials • Drainage Study • Project Phasing Plan • Design Services Oso Creek Channel Bottom Rectification Project Schedule Co *.s-Ch, Engineering 1 12025 -2026 April -April May - May Feasibility Study Design Phase Projected Schedule reflects City Council award in March 2024, with anticipated completion by May 2026. SC 0 U NOflPOflAT E� xss AGENDA MEMORANDUM Action Item for the City Council Meeting of March 26, 2024 DATE: March 26, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services JeffreyE(a-)-cctexas.com (361) 826-3851 Brett Van Hazel, Director of Asset Management brettvh(a-)cctexas.com (361) 826-3273 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oschc2(a)cctexas.com (361) 826-3169 Master Services Agreement Facility Multiple Award Contract for Minor Construction, Repair, Rehabilitation, and Alteration of Facilities CAPTION: Motion awarding a Master Services Agreement for a Facility Multiple Award Contract to Barcom Construction Inc., from Corpus Christi, Texas, Gourley Contractors LLC from Corpus Christi, Texas, Marshall Company, Ltd., from Corpus Christi,Texas, and Geofill Construction from Corpus Christi, Texas, in an amount not to exceed $3,000,000.00 each with an option to renew for two additional one-year renewals to be administratively authorized for a total amount not to exceed amount of $36,000,000.00 each for minor construction, repairs, rehabilitation, and alterations of facilities, with FY 2024 funding available from Certificate of Obligations, Bond, and Capital Funds. SUMMARY: This motion awards four separate Facilities Multiple Award Contract (FMAC) Master Services Agreement (MSA) for City facility projects requiring minor construction. This includes general improvements to interior, exterior, mechanical, electrical, plumbing (MEP), roofing, landscaping, and other facilities-related construction services. Building improvements may consist of renovations or rehabilitation to fire stations, police stations, libraries, senior centers, recreation centers, museums, and other construction projects outlined in the Capital Improvement Plan or projects requiring unforeseen urgent attention. BACKGROUND AND FINDINGS: The City of Corpus Christi Asset Management Department is responsible for overseeing the maintenance and repairs of the various City facilities such as fire stations, police stations, libraries, senior centers, recreation centers, museums, and others. Capital projects and projects that exceed the scope of Asset Management's staff or maintenance contractors are referred to Engineering Services for execution. The FMAC MSAs help expediate the project execution on smaller facility projects. Typical assignments include renovations and rehabilitation of the interior, exterior, mechanical, electrical, plumbing (MEP) upgrades, and related site work. These contracts are typically reserved for single assignments not expected to exceed $500,000 in value. Construction projects with anticipated costs greater than $500,000 are typically procured through full and open bid. FMAC projects may be funded in the City's Capital Improvement Plan or by departmental operating funds. The FMAC MSA is a variation of the Job Order Contracting program authorized under Texas Administrative Code Chapter 2269. The FMAC program utilizes competitive sealed bids among pre-qualified contractors rather than utilizing a unit price book, such as RS Means, to cost individual job orders. All pre-approved contractors are invited to bid on individual projects or packages of small projects. This format helps expedite work and improve efficiencies by having a group of contractors that are familiar with the City's business processes and are interested in generating follow-on work. The construction value of FMAC projects typically ranges from $50,000 to $500,000. The FMAC contracts have no guaranteed minimum and a maximum aggregate not-to-exceed amount of $3,000,000 in any one year or $9,000,000 for the life of the contract. The contract ceiling was set sufficiently high to ensure that any individual contractor would be unlikely to reach the contract ceiling since that would reduce competition. The current FMAC contracts expire in April 2024. The incumbent FMAC contracts were in the amount of $2,000,000 per year with an option to renew for two additional one-year renewals to be administratively authorized. The current FMAC contractors are Barcom Construction, Gourley Contractors, Marshall Company, Ltd., and Alpha Corp. The contract for Alpha Corp. was not renewed last since the firm expressed a lack of interest in continued participation. Some of the projects that will be bid on the FMAC MSA are Bond 2022 District Parks, City-wide Recreation Centers/Senior Center/Facilities/Libraries improvements, City Hall Skylight Replacement, Roof Replacements, dog parks and other improvements to city owned facilities. A quarterly report on the FMAC Program is distributed to the Council. The most recent report is included in the agenda item backup. PROJECT TIMELINE: 2024 2025i2027 April 2024—April 2027 Construction Services Project schedule reflects City Council award in April 2024 with anticipated completion by April 2027. Project schedule reflects City administrative renewal options, if exercised. COMPETITIVE SOLICITATION PROCESS Five firms submitted qualifications statements (SOQ) under RFP 5561 on February 14, and the four highest-ranking firms were selected based on the SOQ, and firm experience. The RFP committee consisted of representatives from Asset Management, Contracts & Procurement, Engineering Services, and the Executive Leadership Team. Firms were ranked based on four factors: firm experience, key-staff experience, understanding the scope, and pricing value. Barcom Construction Inc., Gourley Contractors LLC., Marshall Company, Ltd., and Geofill Construction were selected for FMAC construction services in February 2024 under RFP 5561. Barcom Construction Inc. has completed numerous facility projects for the city as well regional projects such as a new facility for the Nueces County Water District, a bus facility and renovations for Port Aransas ISD, a new cafeteria/multi-purpose building for the Seashore Charter School, and sitework, landscaping and irrigation for Saxum Property Holdings, LLC. Gourley Contractors LLC has completed numerous facility projects for the City such as the Fire Department Headquarters & EOC MEP Upgrades, Animal Care Generator Replacement, Fire Station #1 Roof Replacement, the City Council Chambers Renovation and the Mirador Lighting Project. Marshall Company, Ltd. has completed various FMAC projects under the existing contract. Marshall has also successfully completed regional facility projects for other owners such as the Diocese of Corpus Christi, International Bank of Commerce, and Corpus Christi Independent School District (CCISD). Geofill Construction has completed numerous facility projects for Nueces County, UT Austin Marine Science Institute (UTAMSI), the City of Rockport, and the City of Aransas Pass. These projects include the UTAMSI Beach Street Dorm Apartments, Horace Caldwell Pier in Port Aransas, and the Rockport Services Center Hurricane Repairs. This will be the first time Geofill performs work for the City of Corpus Christi. ALTERNATIVES: Not awarding this MSA would require the City to procure minor contracts through the normal bid process. That will impact schedules, costs, and administrative effort for these projects. It would also increase the level of effort educating contractors in the City's business processes. FISCAL IMPACT: The fiscal impact for FY24-FY25 is an amount not to exceed $3,000,000.00 for each contract. From a practical perspective, the impact will be much less than that amount. Funds are encumbered at the Task Order level and funding sources are identified before proposals are requested from the contractors. Funding may originate from Certificates of Obligations, G.O. Bonds or annual operating funds. FUNDING DETAIL: Not applicable. Funding details will be available as projects are identified and once task orders are issued for the required work. RECOMMENDATION: Staff recommends approval of this motion to award MSA's to Barcom Construction Inc., Gourley Contracting, Marshall Company, and Geofill Construction, in an amount not to exceed $3,000,000 per year with additional renewal options for up to two additional years to be administratively authorized. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Evaluation Matrix FY2021 FMAC 3rd Qtr Report FMAC Master Agree entTerms:Novem ber 17,2021-Novem ber 23,2022 Base Year and two 1-Year renewal options Renewal 1:11/2022-11/2023,Renewal 2:4/2023-4/2024 each contract not to exceed 2,000,000.00Total Restated Contract 6,000,000.00 Number Beginning Expiration oftnk Total Amount Original Co-- Beginning Expiration Date Renewal Date Renewal Beginning Date Expiration Date Total R--d orders AwardedYearto- Contract# Contractor Amount Date Date Renewal No.1 No.1 No.1 Renewal No.2 Renewal No.2 Renewal No.2 Contract warded Date Available Capacity 3576 Alpha Building Corporation $ 2,000,000.00 11/22/2021 11/23/2022$ 2,000,000.00 11/24/2022 11/25/2023$ 2,000,000.00 5/2/2023 5/3/2024$ 6,000,000.00 1 $ 218,849.63 5,781,150.37 4041 Barcom Coll--ion,Inc. $ 2,000,000.00 11/17/2021 11/18/2022$ 2,000,000.00 11/19/2022 11/20/2023$ 2,000,000.00 4/19/2023 4/20/2024$ 6,000,000.00 11 $ 4,934,710.70 1,065,289.30 4042 Gourley Contractin9,LLC. $ 2,000,000.00 11/17/2021 11/18/2022$ 2,000,000.00 11/19/2022 11/20/2023$ 2,000,000.00 4/25/2023 4/26/2024$ 6,000,000.00 21 $ 6,069,981.56 78,369.55 4046 Marshall Company $ 2,000,000.00 11/17/2021 11/18/2022$ 2,000,000.00 11/19/2022 11/20/2023$ 2,000,000.00 4/25/2023 4/26/202 $ 6,000,000.00 2 $ 1,005,460.-0 4,994,540.00 $ 8,000,000.00 $ 8,000,000.00 $ 8,000,000.00 $ 24,000,000.00 35 $ 12,229,001.89 11,919,349.22 RFP No.5561 FMAC Construction Services Final Scores Proposals opened on February 14,2024 Proposal Evaluation Score Barcom Gourley Marshall Geofill STBP Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass 5-Year General Construction Experience f No Material Lawsuits Past 5 Years V No Material Regulatory Issues Past 5 Years V V V References Provided for Firm V Criteria 5 `/ Technical Proposal Experience on projects of similar scope and complexity 6.0 6.0 5.7 5.7 4.8 3.9 Demonstrated capability&capacity on comparable projects 6.0 6.0 5.7 5.4 5.1 4.2 Past Performance 6.0 5.7 6.0 4.8 5.1 3.3 Team members with experience and qualifications 6.0 5.7 5.7 5.4 5.1 4.5 Team members experience with work of similar scope and complexity 6.0 5.7 5.7 5.7 4.5 4.5 Availability of resources to accomplish the work 6.0 6.0 5.7 5.1 4.5 4.2 Demonstrated understanding of the scope of services 7.0 6.7 7.0 6.3 6.3 4.2 Demonstrated understanding and experience with a public agency 7.0 7.0 7.0 1 6.0 1 5.6 4.6 Technical Score 50.0 48.8 48.5 44.4 41.0 33.4 Interview Interview Score Interviews were not held. Did not pass Pricing Technical Pricing Score 30.0 30.0 14.6 11.4 8.4 Evaluation. Grand Total 80.0 78.8 63.1 55.7 49.4 ¢yUS C� 00 0� U '@ORPOR�E� 1 852 Memorandum To: Peter Zanoni, City Manager CC: Mayor and City Council Members From: Jeff H. Edmonds, P.E., Director of Engineering Services Date: February 13, 2024 Subject: Status Update: FMAC Task Orders On November 9, 2021, City Council approved four new Master Agreements for the Facilities Multiple Award Contract (FMAC) Program with two one-year renewal options and a maximum aggregate of$2,000,000 per agreement in any one year. City executed the second-year renewal effective April 25, 2023. City Council requested quarterly reporting regarding the FMAC on March 26, 2019. Background & Findings: The FMAC Program utilizes a set of pre-approved contractors to bid on individual projects or packages for minor construction, repair, rehabilitation, and alteration services for city facilities. Procedures have been put in place to monitor all executed task orders and report quarterly to City Manager and Council. The table below identifies the four Contractors awarded the FMAC Agreements including the total amounts awarded through the end of the 1st Quarter FY2024. CONTRACTOR AMOUNT AWARDED AS 1st QUARTER FY2024 Alpha Building Corporation of San Antonio, Texas $218,849.63 Barcom Construction, Inc. of Corpus Christi, Texas $1,723,544.03 Gourley Contractors LLC. of Corpus Christi, Texas $5,954,443.08 Marshall Company, Ltd. Of Corpus Christi, Texas $1,005,460.00 Total $8,902,296.74 Next report will be distributed after the end of the 2nd Quarter FY2024. Attachment• FMAC Summary by Contractor N ^y s N � N o ry o 0 o n H N N ry ry m N o 0 � e+ 'r .+ ry $ o o Do 0 0 0 0 16 o v v m N O tj= 3 O O O y0 �•b . 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L c v w E 3 A E 2 3 c E `-- c— ° — g o m>v a 30 c t`, L E ` x u ^ E E — 00a E E c w o° — u m _ u E wg u Wl a a f � wh a=w 0 p^ ^O( C N 2 J r m d x 3 0 3 u N a J�fig 0 Cy" to': � ey r � Jul N N N N N u O m N o 0. m m ti r �.3 N N N N N N 6 E E E E E E _......N N n LI N N N m N N Q •.� Y" - - MAWR o _ z w & w o ,� •3 V .3 - m m �s�vmiv3m-Oo ..�. m E E o E m E o Y '' ','may,,o °�^ a o E E E E v A u "u E maa wa n i o _tm v v o m v ` n c o N o v `o NO!: n c = v m .. c E N E V V o E o c v v v c w _ m o r a ` m E c m ` m A 3 o - c E d o 3u � nw vW r oEn u c u u oom...om lo o a� o a} O V �,.�� w. a I o ME�' �i a vo G - m o `v o `u E o o° '° a ao 0 a o u E 23 0 3 = `- E p 3 -a- E -'. � c o 3 G 3 c12 _ 25 cat °- E E E 3 °'a°c - o r°,v- o 0 o f A j m E Y2= " t •,, u u u = q q °p o ,m c = n 3 $ 3 $ a v E s 3 N v E s >o >o _ ° o 3 A 1 3 3 n E'y - o e`o„ oE 3 a Ea t- r,-.:- Y,a`c Y, w o u E w a E _ m 3-' m`n c o cm Z'„ m F '-' E v a < E c > 3 d t c_ - 8 o p: - - >n A c c E n c n 3 c o o E' 'C v `u E 3«.F i a c- `u E „ c A c m m n " 'n m n -" _ N N ° o ° c c c ° A c E o m a a 3 cn i-c t`o n � o ol o o- o y.? 3 E E o - . z�n `� A El g^ 'H ^a aIN a 6 d £� N T N O N � V V m C �F N Nth VT VT V�lh.. VT � A N f i N ia'"3iTM+�, M N W M O ¢ 9 N ma gg rv,� 12 av v m o y _� NmE a m 3 n m - u v - cs Of u u �µ m m m N A a a se 0 0 U NCORPa0.P�¢ AGENDA MEMORANDUM ss52 City Council Meeting of March 26, 2024 DATE: March 15, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager HeatherH3@cctexas.com 361-826-3506 Visit Corpus Christi Annual Report & Visitor's Sentiment Briefing OUTSIDE PRESENTERJa Name Title/Position Agency Name 1. Brett Oetting President & CEO Visit Corpus Christi LIST OF SUPPORTING DOCUMENTS: PowerPoint—VCC Annual Report • i i e ?I II � w1� - rccrc ccccc �L LaaLs �- �, -■cri' 7i �i �' Gr6ri �.LaLaL � EEL LLLL ; 6r5LG L ELLLL�► ,. GLGL LEELaLL161, 1 ' ��■6S C sLLLE `L LLarLi ■■■ 1 �L �LLiG GLL LLLaL Io ■ccca A �i k Y IL EL L L 1 I ill I F KL L►LLLL I sGL LLLl6 LLB: ' sssL� 11 YI LE L L.;I J, II i,,➢III_ �i a LJ i n'.w * 1�11�!!11' 1-11111 11 EE L L L lllll - — L LLt,� ..�, ` V if n � �- L 4L i C L EL�L k Lf 1➢ For,L C EE LL LAP 0 ml ���' tC�➢➢ AJU L 'a Ir IL _ F 1,f a�. _1 I I 1'� -� � Ih � � II �11 � � L � �i ii � � ■i d r VISIT CORPUS CHRI,=N'r JS CN a G0g8T VISIT<{!/"-.R' MEET� � �" F4� V CORPUS TOURISM GULF COAST CORPUS SPORTS CAWL -N�+� .� COMMISSION CHRISTI ACADEMY eaz, cAoaq / y erb DATA FILM dt MUSIC BECC 1, SCIENCE ME COMMISSION TPID TOURiSM*c '1 Z i ,c ti�• COLE PARK PIER A OPPU NAVAL ti cHR�s. I �es;, I 0 P45 a ch`s 2022 - 2023 FV zp22 zpz3 annual report z- r � I I ; .ter �• .� • t ! VI ca 1 r _ s 1 Source:Dean Runyan Economi pact to ti as iN niversity•Corpus Christi Fiscal Impact of Tourism Study,anted States Census FY 2 2-2 3 metrics with targets 18 of 23 targets met Annual Leisure Visitors 8,435,000.00 8,972,330 9.6%above goal Total Visitor Spending $1,052,360,534.71 $1,390,200,000 32%above goal Organization Overnight Demand 2,052,546 1,812,737 88%of goal Employee Satisfaction 90% 100% 11%above goal Avg Spend per Person per Day $144 $156 $12 over goal Experience Avg Days Stayed 2.06 2.14 4%above goal Leisure Visitor Sentiment 9.1 9.12 0.02 points above goal Convention RFPs 200 222 11%above goal Convention Room Nights 38K 29.2K 77%of goal Convention Economic Impact $20M $14.5M 73%of goal Sales Convention Room Rate $136 $136 Equal to goal Convention Planner Sentiment 9.5 9.48 0.02 points below goal Convention Site Visits 18 19 6%above goal Digital Engagements 7.93M 16M 101%above goal Email Open Rate 18% 25% 39%above goal Marketing/PR Website Visits 1.02M 1.8M 76%above goal Avg Website Visit Duration 1:27 2:34 77%above goal Earned Media Reach 179M 174.5M 97.5%of goal Sports Leads Evaluated 50 159 218%above goal Sports Leads Booked 30 39 30%above goal Snorts Sports New Room Nights 5K 12.8K 156%above goal t' Sports Rebooked Room Nights 2.7K 7.5K 178%above goal Sports Site Visits 8 3 37.5%of goal YTD Hotel performance By geography Demand Revenue Change Change Corpus Christi +6.03% +8.81% +2.63% Galveston -0.03% +3.76% +4.08% Galveston Comp -1.81% -3.09% -1.30% South Padre +7.50% +14.20% +6.24% Island San Antonio -0.05% -0.03% +0.26% Texas -1.20% +1.90% +3.14% YTD Hotel performance By customer segment Demand Revenue Change Change � - Group +4.05% +10.50% +6.17% Corpus Christi Transient +4.15% +6.28% +2.04% Group -9.79% +4.64% +16.0% Galveston Transient +1.70% +3.53% +1.81% Longer term Forecasts for hote I revenues are positive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15M 10M O a 5M 0 . 11 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Fiscal Year End Source:City of Corpus Cc visitor composition By purpose of trip • Visitor Type Breakdown Dean Runyan 77% leisure, 23% business MMGY Global 90% leisure, 6% group business, 4% transient business State of Texas 81% leisure, 11% special event, 4% business, 5% other Business Crave I is returning Leisure vs. Business Travel Volume Forecasted recovery, relative to 2019 (index, 2019=100) io9 11 106 lO4 10U 141 103 100 96 101 96 80 89 80 60 54 Domestic Leisure 40 39 0Domestic Business 2019 2020 2D21 2022 2023 2024 2025 2+3215 Source: Tourism Economics Loca I Group Business has exceeded 2019 numbers Room Nights from Sports and Convention events at the American Bank Center 40,000 30,000 20,000 10,000 6. 0 2019 2020 2021 2022 2023 2024 2025 group Sa I es ef f o rts Since January 1, 2023 57 leads sourced 72 , 434Room Nights $ 41 , 665 , 425 Visitor spending Lost business Since January 1, 2023 29 , 798 room ni hts J $ 14 , 829 , 419visitors endinspending *lost due to convention center condition, or convention center too small, no connected hotel* I I Business Lost ' will March 2024 ry'` Annual Room Nights 7,275 II .0 Hotel Revenue °` rM k • / �� $1,158,368 Visitor Spending � i'��1 ,�, TL $4,064,177 = Local Tax Revenues $164,192 CORPUS CHRISTI Corpus Christi Speaks : Insights from the Annual Resident sentiment survey a,A DATA Travel I SCIENCE JW Intelligence VISIT CORPUS CHRISTI Survey methodo I ogy: To understand resident perceptions of tourism in Corpus Christi. • MMGY Travel Intelligence conducted an online survey of 2,169 residents* in Corpus Christi. The survey was 1LL■■ ; 111 distributed to residents by Visit Corpus Christi. • The survey was fielded from October 5th through 1111: 0 �■� October 22, 2023. Data was tabulated and analyzed by MMGY Travel Intelligence. It was then compared to the C 1111 . 0� r ......... . � ..1. . survey conducted in 2021 of 1,608 residents. lit • The participants met the following criteria: , ■ .■ • Must be a resident of Corpus Christi • 18 years of age or older _ • *2,169 responses meet the criteria for the statistically vqk significant sample size necessary to conduct this analysis . n This sample size yields an error range . percentage points confidence.This means that if the survey was o be replicated 100 times,we would CORPUS expect the results to vary by no more than 2.10 percentage points 95 of those times. CHRISTI Residents support tourism in Corpus Christi and understand its importance. 8 ° agree tourism is important. 1 ° 1 Up from 79%in 2021 % agree it encourages investment in local 85 A Up from 84%in 2021 6 A % agree that its an important factor in making (J] our community a great place to live. Up from 66%in 2021 6 2% believe Visit Corpus Christi provides a service that brings value to their local economy. Up from 54%in 2021 CORPUS CHRISTI Perception of Qua I ity of Corpus Christi Tourism Attractions Texas State Aquarium -9o% Padre Island National Seashore 88% Whataburger Field 86% LISS Lexington Museum on the Bay o 82% Mustang Island State Park ss% 79% Texas Sealife Center ss% 74% The Art Museum of South Texas 73% South Texas Botanical Gardens&Nature... 71% Museum of Science and History ss% Sunset Island/Mile Marker 37 = 58�68% Laguna Madre 65% ■2021 ■2023 American Bank Center Convention Center 63p1 67% Downtown Seawall sl% Worldwinds Windsurfing I Sa% sl% Concrete Street Ampitheater(2023 only) 60% Horses on the Beach Corpus Christi(2023... 54% Hurricane Alley Waterpark 515o�% South Texas Music Walk of Fame 52% Enjoy Corpus Christi Tours(2023 only) 50% CORPUS Mirador De La Flor 1 49% CHRISTI Selena Museum 35% MM Travel 44% JW Intelligence ...ram Residents support funding of tourism initiatives support funding incentives that create attractions, 74/ concerts,festivals,shows,exhibits,etc. in Corpus Christi support funding incentives that add additional flights at the Corpus Christi International Airport(2023 only) I support investments in marketing Corpus Christi to 67% prospective visitors I support investments to develop and host more sporting events in Corpus Christi(2023 only) 62% 1 support investments to develop and host more major 54% meetings and conventions in Corpus Christi 62% CORPUS ■2021 2023 ®Travel CHRISTI Intelligence ...ram B G Total Hotel Revenue $4,376,64$ $403,570 G Total Sales Tax $1,013,920 In Total Commitments G Total Estimated Economic Impact $20,934,550 EEI ROI �,, Total Room Nights qqft G 31 079 room ni hts $51.87 : $1 9 • • • • • GIP payment, bus CORPUS MEET CORPUS CHRISTI CORPUS - THURSDAY G 0 A AiPkIL 1 � MEETINGS Orry-,mu INDUSTRYDAY American Bank Center Nenry Garrett Ballroom C/D 1901 N Shoreline Blvd Corpus Christi, TX 78401 Resident support theINN growth of tourism ► �` believe it is important to attract visitors + 40 74% �to Corpus Christi during times of year ' that usually have lower visitation. � Y O agree that the positive benefits ofFF -� a 7 4 /0 tourism outweigh the negative impacts On ' y believe tourism brings too many people 15 /o to Corpus Christi. _ �� it CORPUS CHRISTI Support for tourism growth by neighborhood 100% that think tourism brings too many people to Corpus Christi 90% 80% 70% 60% 50% 40% 30% 20% 0% CORPUS Downtown Bay Area North Beach Central City Flour Bluff The Island Southside London Calallen Other MM CHRISTI JW Travel ...ram lntelligencc TOURISM Enhances QUALITY OF P I ace of residents agree that tourism brings in new amenities r and attractions that residents can also enjoy P E E R S i R F � Fr Docs3 © YYSS 'TEER Z�XAS�7S�T�A�TE B A R Seafood C�Steaks AQU" M. Doc's Seafood & Steaks Texas State Aquarium Water Street Oyster Bar . • s Beaches and Restaurants are most important to the qua I ity of I ife of residents Beaches 91% Restaurants 84% Outdoor open space for festivals,... 84% State and City-wide parks 84% Airport 73% Downtown Seawall 79% Downtown 78% Museums 70% City-wide hiking&biking trails 71% 2021 2023 Historical Attractions 67% Retail shopping 69% Outdoor murals/street art 56% City-wide playing fields for league... 54 Professional Sports/Stadiums 53% City-wide indoor facilities for league... 48% Nightlife/Bars 47% CORPUS Golf courses 28% CM Travel CHRISTI JW Intelligence ...ram B Leisure visitor survey % of respondents that said each was important Beaches M7O Restaurant 85% Lodging 85% Attractions 7 L% Nightlife 43% CORPUS CHRISTI Travel ...ram Intelligence Perceptions of the Qua I ity of Dining options Casual dining MOM Food trucks&Pop-ups(2023 only) Microbreweries ■2021 m 2023 National/regional chains Fast Food/Take-out Signature and Upscale Farm to table o i CORPUS 'Travel CHRISTI Average Rating on a Scale of 1(Poor)to 5(Excellent) LcXf lntelligcnce ...ram Perceptions of the variety of Dining options Casual dining Food trucks&Pop-ups(2023 only) Microbreweries ■2021 MML ■National/regional chains 2023 Fast Food/Take-out Signature and Upscale Farm to table CORPUS ° ' CHRISTI Travel Average Rating on a Scale of 1(Poor)to 5(Excellent) LW Intelligence B KII 13 News 0•Follow January 2.at 9:00 PM•Q What restaurants would you like to see come to Carpus Christi? :� +Kir rry{eys Ca�puis fJpNT ••• � Kimberly Trevino Olivarez Pappadeaux,A Brazilian Steakhouse,Lupe Tortilla,Chicken n Pickle,Red Robin Clout,ow De—iw peed w of'12,24 Sw Like Reply Edited 9800 4 View all 14 replies + l DianaOscar Navejar 11 Sea Island!!!Come back!!!Please!!!!! 5w Like Reply 520, 4 View all 5 replies Rosemary Lozano-Ruiz Whiskey Cake Kitchen&Bares Eataly­ 5w Like Reply 2700 4 View 1 reply Doug Ended. ICd#riday's Carp-.0-6 OSad ovrim" Guses fried chicken Memphis style... 5, Like Reply Edited ��- -.re�R. • 2 ...is.Ruiz KI!ITV.COM Dimassi's Mediterranean Buffet!!rrr Two restaurant chains closing their doors in Corpus Christi S. Like Reply 3Oo Say goodbye to Johnny Carino's and TO Fridays! v� Brittany Steckel soliz I would love to see our local restaurants thrive before I see a chain open up. � '321 (12K comments g5 shares sw Like Reply 1100 4 View all 2 replies L Like © Comment }Share Q� • Tracy Garcia pappadeaux,pluckers,sea island.54th bar and grill,top golf and chicken and pickle 5w Like Reply 1400 4 View all replies ® ®roat.o B VISIT CORPUS CHIZISTI Lupo Tortilla O O 0 P.nch Resident Development Survey Buffeto'sMexican 0 0 0 A recent Resident Sentiment Survey conducted qy Visit Corpus Christi found Plucker's Wing O O O ear that 91%of Corpus Christi residents consider restaurants important to their q uality of fife,but there is room for im proveme nt i n ou r cu rrent food landscape. Panera Bread 0 0 0 Following that survey,a popular post on KII I's Facebook page resulted in over a pappasitos thousand comments from Corpus Christi residents voici ng their opinion a bout cantina O 0 0 what they would like to see come to Corpus Christi. Pad Robin O O O This survey puts the most popular recommendations in voting form which will allow usto organize your opinions and put them in action.The strategywill he to Sea Island Shrimp O O O share the results with local business owners and existing brands in hopes of House enhancing our offerings.We are listening and we are dedicated to supporting Torchy's-racos O O O community growth. Waffle House O O 0 Sign in to Gcogle to save your progress.Learn more Wing Daddy's O O 0 Sauce House The below options were the most commonly mentioned in the other(please O O 0 indicate below) comments of Klli's Face book post.Of the following options,which restaurant would you most like to see in Corpus Christi? If you indicated Other in the response above,what other restaurant would you like to see? vouranswer B What cou I d VCC do to make the city more attractive to entice trave I ers to visit here rather than to another city? !* 4 Cleanliness and Safety 1 Keeping areas of tourism clean and safe; 1 First and foremost,cleanliness of the city... 2 Emphasize leisure nature activities,also religious and historical; Activities and Attractions More family-friendly... Urban Development Downtown revitalization; Develop north beach area;More art in public places... .yam n ti Advertise to specific groups.; n Advertising and Marketing 4 Show and educate what the city has to offer.; Improve the website for tourist information. � . Liar s `._ •� Infrastructure and Trans ortation Add more Flights;Downtown board walk is lacking; p 5 More direct Flights from major cities.. "' z-x Accommodations and Facilities Improved fights,improved convention center,better hotels; 6 Better and more affordable... Cultural and Historical Preservation 7 Perhaps more outdoors recreations and artistry a_ related to cultural heritage.;Preserve historical landmarks. � s CORPUS `' , CHRISTI Community Pride is Growing 5 9 �Q/ of Corpus Christi residents are proud to live in Corpus Christi. , Up from 52%in 2021 100 90 80 70 - 60 50 •, ■2023 ■2021 40 30 20 10 ® , Proud(4-5) Neutral(3) Not Proud 0-2) CORPUS CHRISTI ®Travel ...ram Intelligence community identity and I oca advocacy has strengthened 2021 2023 37% 31% • • • • • • Residents that Residents that consider consider themselves 63% themselves ambassadors ambassadors CORPUS CHRISTI Travel ...ram lntelligencc B Community socia I media presence is strong "Of course, the area is best known globally for its spring break revelry, when the beaches around Corpus Christi Bay and Padre Island become a mass a Un h i RD(a�-S1P of humanity for the better part of the month. Even the f3 pandemic didn't stop too many from feeling the lure erx�ru_��xsrsRs,F;ro� ' of the place, as newsfeeds showed the usual crowds, undeterred by the risk of infection. They of course documented it all on social media, which explains rxrxuer� aroe# why the city ranks #3 nationally in our Facebook Check-ins subcategory and #7 for Instagram Hashtags." I�i9Y� T:e;1LT`�k rxe � slWarlbo Source:Resonance Best Small City Rankings CORPUS CHRISTI Socia I Media as a Cata I yst for Community Pride in 2023 VISITCORPUSCHRISTI --pus... Posts < Posts C; 4 4 k+ Instag ram FOLLOWERS 2 7% �I -y are Residents CdA T T f I�I 2 GK HOME 66 Po sts 3m+ Impressions • O � A ���Liked by rehekahsantoyo and 1,740 others P 198k• Q � 'sitcorpuschristi To the world,he is Pa n Guy.But to Corpus Christi,he is a hometown hero Thanks for ODD Liked by khyatt and 853 others oastin'with us,Jason!Come see him at Century 16 in visitcorpuschristi Views from the Gulf Coast Capita!F' Engagements Corpus Christi - M,:@hunerdpement CORPUS CHRISTI L!j IL M% - ■ CORPUS CHRISTI SCAN HERE FOR THE FULL [i] . ■ 1 Resident ■ � sentiment survey .� r ,-.-°DATA MM Travel SCIENCE1WIntelligence VISIT i /Imo% �`I`i,�'' / � respondent origins 1 ,958 tota I responses z 88.50Y, in state 11 .5% out of state CORPUS CHRISTI What is important? What did peop I e I ike? V. OF respondents that % of respondents that' SAID were satisfied with. . . each was important Beaches 92° Beaches 97% Restaurant 77% Restaurant 8'5% Lodging 76-1a Lodging 8' o Attractions 65% Attractions Nightlife Nightlife CORPUS CHRISTI Traveler sentiment "On a scale of 1 -10, _ how likely are you Texas 9.14 to recommend Out of State 8.91 corpus Christi as Total 9.12 a vacation destination? " CORPUS CHRISTI Trave I p I anning "When did ydU More than 2 monthsOrmMm 2/7% start p I a n n i ftg your trip, even if 1-2 months 1 8% you hadn't decided where to go yet?" 8 days-1 month 27% 55% of all A week orless 28% respondents 0 i 10 i 20 i CORPUS of Respondents CHRISTI Visitors who travel farther start their p I anning ear I ie r In state vs out of state Maj or Texas met'ROS 60 b0 30 � Q 0 40 0 20 N N N N Q Q 0 20 10 E E 7 Z Z 0 p Other State Texas San Antonio Houston Austin Dallas More p I anning usua I I y means more spending Dai I y spend per person Dai I y tota I sperrD o$100 . . . '. $400 �• • E -0 ro a Q a � a c � T $50 .a$200 a C) $0 $0 A week or less 8 days-1 month 1-2 months more than 2 months A week or less 8 days-1 month 1-2 months more than 2 months Genera I positive comments "Everyone should visit the corpus area" "This is my first time in Corpus and it reminds me of being back home. It's so nice and refreshing, "Love it and can't wait to come back" I would love to come back and visit more" "Very friendly locals" "Amazing place to always visit I love it here" "I love the seafood restaurants. Liked corpus so much, "Everybody is nice" we bought a car here." "Beautiful city/ good care of the environment " "Beautiful beach friendly folks" "Awesome variety for our family" "Love it here. The people are great the vibes are great" "CC has been improving and I'm so happy." "Great family place to have fun" "Corpus is great!!!" "Impressed with trash service and cleanliness" "Everything's good and easy going , convenient" Top comment topics Beach C I can I iness "Beaches are well kept, amazing environment, clean Beach 41 .91 % beaches, extremely nice people" Amenities M20.79°fo "Love your beaches always clean" "Clean up the beaches and water" Beach Cleanliness M 15.18% "Water is dirty, trash in the sand" Construction Roads 1 5.2$d/0 "The beach has black oil that needs to be clean" "It would be better if more trash was picked up on Parking 2.97% beach." Construction/Roads safety 2.64% "Construction on the roads need to be fixed" 0% 20% 40% "When will harbor bridge be finished?" % of comments that mention each topic "Lots of potholes driving" Comments about amenities Restaurants "Need better diversity in food options" Restaurants More restrooms and restaurants on the beach." Attractions "Good restaurants and coffee spots. Cute place to vacay�" Attractions Lodging "Work on downtown attractions and things to do." Beach Specific Vendors "Lacks the independent/local restaurants and bars and city attractions these larger comparable cities have" Benches Shade Lodging ■ "Would love to see more hotels on the beach and Shopping boardwalk ." Accessibility ■ „More hotels with beach access; more landscaping including palm trees; more quick healthy eating options; 0 i 10 i 20 i Grocery store " % of comments that mention more amenities "Updated lodging" DESTINATION NEXT STRATF IC PLAN 2023 - 202 7 116Iro s s SCORING MODULE OveraLL Assessment N�XT Strong Destination Alignment 2023 Weak Destination t Strong Destination 2020 Weak Destination Alignment Voyager cities These Destinations have at tourism vision and a community mandate to get it done. Strong Community Engagement tegic ch a I I- • - • Maintaining momentum over time required to implement the strategy • Making prioritized choices for focused action; avoiding the temptation to be all things to all people • Establishing destination marketplace credibility; deliveringon brand promises for target segments Developing p g g Destination DESTINATION " T Destination Alignment Variables 9-O : Business Community Group& Government Organization Support Resident Support Support Governance $ / Workforce Hospitality Equity, Diversity Funding Development Culture &Inclusion Support&Certainty qo� g m Regional Cooperation Sustainability Emergency Economic Development &Resilience Preparedness DESTINATION Destination Alignment: Highest Variable Scores NEXT Highest-scored Variables Loudest-scored Variables Variable Performance • VariabLe Performance - 1. Organization Governance 4.09 1. Workforce Development 2.77 2. Economic Development 4.04 2. Hospitality Culture 3.22 3. Business Support 4.04 3. Community Group & Resident 3.56 4. Funding Support & Certainty 3.87 Support 5. Government Support 3.83 4• Sustainability & Resilience 3.61 5. Regional Cooperation 3.75 ONextFactorCorpus Christi,TX Mayll,2023 DESTINATION Destination Alignment: Highest & Loudest Statement Scores NEXT Highest-scored Statements Lowest-scored Statements Statement Performance - Statement Performance - 1. DMO and tourism industry play a 4.52 critical role in long-term economic 1. Affordable daycare options for 2.39 development Workers 2. tourism industry leaders are 4.38 2. Adequate affordable housing for 2.44 advocates of tourism hospitality Workers 3. tourism industry leaders are 4.35 3, Public transportation for Workers 2.57 advocates of DMO 4, Hospitality industry provides 2.64 4. DMO measures and tracks tourism 4.29 adequate and competitive salaries industry performance 5, Adequate Workforce for frontline 2.72 5. Destination's marketing efforts 4.21 hospitality jobs have economic benefits across the region ONextFactorCorpus Christi,TX Mayll,2023 rr� CORPUS SAVE THE DATE Vilmm&wfM- EWEDNESDAY. APRIL 17 9:30 AM - 1:00 PM ................ AND SUMMER HOLIDAY INN CORPUS CHRISTI AIRPORT 5549 LEOPARD STREET ENTRY IS FREE Ct LUNCH A4MITTO BE PROVIDED! MAXIMIZE 100 DAYS OF SUMMER SCORING MODULE OveraLL Assessment N�XT Strong Destination Alignment 2023 y Strong Destination 2020 Weak Destination Alignment o ESTinnnox NEXT Destination Strength Variab I es Attractions& Arts,Culture&Heritage Dining,Shopping& Outdoor Recreation Experiences Entertainment Conventions&Meetings Events&Festivals Sporting Events Accommodation M @ Local Mobility&Access Destination Access Communication Health&Safety Infrastructure DESTINATION Destination Strength: Highest & Lowest Variable Scores NEXT Highest-scored Variables Loudest-scored Variables Variable Performance • Variable Performance - 1. Outdoor Recreation 3.46 1, Health & Safety 2.65 2. Attractions & Experiences 3.41 2. Destination Access 2.68 3. Arts, Culture & Heritage 3.41 3. Local Mobility&Access 2.72 4. Events & Festivals 3.26 4. Sporting Events 2.85 5• Communication Infrastructure 3.18 5• Conventions & Meetings 2.87 GY Corpus Christi.TX Mayll.2023 DESTINATION Destination Strength: Highest & Loudest Statement Scores NEXT Highest-scored Statements Loudest-scored Statements Statement Performance • Statement Performance - 1. High-quality outdoor recreation 4.04 1. Airport is accessible with public 1.76 experiences transit 2. Assortment of authentic and 3.84 2. Airport is a state-of-the-art facility 1,86 unique attractions 3. Variety and quality international air 2.12 3. Year-round outdoor experiences 3.81 access 4. Adequate economy hotel supply 3.77 4. Known as a walkable destination 2.15 5. PP-Strength-mid range hotel 3.73 5. Limited issues with homelessness 2.33 supply ONextFactorCorpus Christi,TX Mayll,2023 Key takeaways f r o m d neXT There are several opportunities for improvement in Corpus Christi as per the lowest rated variables shown: Destination a I ig nment 1. Health&Safety 2,65 1. Workforce Development 2.77 2. Destination Access 2.68 2 Hospitality Culture 3.22 3. Local Mobility&Access 2.72 3 Community Group&Resident 3.56 Support 4. Sporting Events 2.85 4 Sustainability&Resilience 3.61 5. Conventions&Meetings 2.87 5, Regional Cooperation 3.75 Corpus • VISION • To become the Gulf Coast Capital Strengthening our community CORPUSyear-round experiences and events by sharing Corpus CHRISTI �: Bold Smarketing Collaborative Destination Inclusive Community Alignment Driven Organization Development Continue to build a global Advocate and support Cultivate resident and Obtain a new,improved brand redevelopment of the(ABC community support for tourism contract with the City nclusive Collaborative Continue to grow domestic Center,hotel&district) and VCC Renew DMAP Certification Community Destination land sports and international Promote and support Promote regenerative tourism "with distinction" Alignment Development water sports development of new youth through environmental,socio- Develop an employee retention Expand group sales strategy sport facilities cultural and economic and professional development Driven for emerging opportunities Complete a Destination sustainability plan Organization Create a film&music sales Development Strategy to Leverage PATH to improve the Capitalize on new technology strategy include the islands,North tourism and hospitality and innovation trends Identify and promote signature Beach and downtown workforce Enact Tourism Diversity Matters events to enhance off-peak Work with CCIA to improve Strengthen collaboration with strategic initiatives to improve seasonality air service key industry and community regional social Destinatiorl Results Promote cleanliness& organizations inclusion,welcoming and beautification initiatives for Enhance relationships and belonging the area collaboration with City/State 9 oaali9•m••, • Better change in visitor spend DMP completed by end of • Improved resident sentiment New contract with City by 2023 over four years than state of 2025 score September 2024 Texas Minimum one citywide Growth in tourism-related fields DMAP recertification completed by wean oermano� so-o�y oenmao°^ 2026 • Growth in annual economic beautification initiative of study at local schools 2020 impact from group sales and Improved employee satisfaction sports by 2028 Increase in air lift from out Develop a metric to measure survey scores ® of state passengers destination sustainability wezic oes,ma iei,nraamem • Increase in POAT Competitive Above the mean scores on Rank Visitor Interest Improved DNEXT assessment Destinations International EDI B score in 2027 Assessment CORPUS CHRISTI SPORTS COMMISSION 000000COAS� L BEND SPORTS 0 0 0 0 0 " " HAL x n n n n n X AIX THURSDAY y y 1 -----------------............................................ . LtNE" 6 \ _ AMERICAN BANK CENTER ARENA - ` DOORS _EN _ 1901 N. SHORELINE BLVD. CORPUS CHRISTI,TX 78401 \ C Transparencc . com onlM1ly Organization 2023 2023-2023 MOTTOPMrt drTy-m^ SenKmentSury Indepentlen�tA rt Repots Data e y d ♦ A ry TOURISM INDUSTRY STUDIES i/BRA Global Global econam�cimpacto! 2o2a Oesunat onp[zi vortratof Me varerart olAmerca 1ti �Mf n«..�e..o..wwrvdw nm w...gnw�.uwmn m. ww. Tra ye13& w.ue mnx,uaeraquara az munnaoRmen aawuun� na ns xxay.wa.aaxeencmnc+a _ Scan the code for more 4 wcamwwom.. nn•�uwa+w.w. w i=m ,�wuz�....s«s«...w `' - . information •� VISIT CORPUS CHRI,=N'r JS CN a G0g8T VISIT<{!/"-.R' MEET� � �" F4� V CORPUS TOURISM GULF COAST CORPUS SPORTS CAWL -N�+� .� COMMISSION CHRISTI ACADEMY eaz, cAoaq / y erb DATA FILM dt MUSIC BECC 1, SCIENCE ME COMMISSION TPID TOURiSM*c '1 Se 0 0 U NCORPa0.P�¢ AGENDA MEMORANDUM ss52 City Council Meeting of March 26, 2024 DATE: December 18, 2023 TO: Peter Zanoni, City Manager FROM: Elsy Borgstedte, C.M. Assistant Director Office of Economic Development elsyb@cctexas.com (361) 826 - 3682 Briefing from the Corpus Christi Hooks on Whataburger Field Facility Improvements STAFF PRESENTER(S): Name Title/Position Department 1. Elsy Borgstedte Assistant Director Office of Economic Development OUTSIDE PRESENTEES): Name Title/Position Organization 1. Brady Ballard General Manager Corpus Christi Hooks BACKGROUND: To provide an annual briefing to the City Council by the Corpus Christi Hooks on Whataburger Field and updates on projects. LIST OF SUPPORTING DOCUMENTS: Presentation O 0 r, �a 9 W I LIML, J i -=� EWORKS QQ BALLPARK CAPITAL IMPROVEMENTS V� Replaced all concourse 000, , expansion joints Treated and painted metal decks and steel Reconstructed pedestrian walkover r Replace 20 AC and ventilation units - k x � �• Updating concourse •x lighting to LED Renovating youth field Updating seats following i �� ! .• 2024 season A I Nil QQ BALLPARK CAPITAL IMPROVEMENTS V� Pressure washed, prepped, primed and painted over 150,OOOsf of metal decks, 5,OOOIf of handrails, 60 columns, scoreboard and batter's eye steel � Primed with rust inhibiting phenolic J g r alkyd resin primer Painted with direct-to- metal alkyd enamel semi-gloss - 3-month project completed March 2024 s " 1 _- ki-;f BALLPARK CAPITAL IMPROVEMENTS dl fie 1:k* t y � 4 ki-;f BALLPARK CAPITAL IMPROVEMENTS V� let �..If�il�l��fli I�IIII��J r .p J ki-;f BALLPARK CAPITAL IMPROVEMENTS dl -low TWO N . \ �1L Affi, t s; r ki-;f BALLPARK CAPITAL IMPROVEMENTS - AC UNITS dl Purchased 20 HVAC units in the last two years.There are no more original AC units remaining. Two(2)ventilation units purchased with _ _ I remaining Type A funds after coming in under budget from 2022 grant. r i Before 2025 season, we will be replacing x the membrane portions -> of the facility's roof. �w W s kil�-;f l BALLPARK CAPITAL IMPROVEMENTS - YOUTH FIELD Through a corporate , partnership,the Hooks are -LI - � ,;�I► � ,i �� i!f1c�� If ��-1:�V I�i�►,���, a�+����[�.+1� currently renovating the youth field at Whataburger Field. -- ! An artificial surface is being installed which will allow for more inclusive r - - - use along with additional public and private events. W QQ BALLPARK CAPITAL IMPROVEMENTS l!� ' ■�--allowl Stadium seats will be upgraded S EATS A total of 279 compound CO N CO U RS LIGHTS florescent lights along the concourse and suite will be replaced with smaller high performance LED cylinders. bilk , 00 - ki� COMMUNITY LEADERS iV� 10 public school educators per year each receive a $1,600 school supply shopping spree _ ^ Dollars spent locally at ff.. FUHf HlIIS Mardel, who additionally + � provides $100 onto $1,500 �rliL -r• ' from Reliant ^ � Teachers also receive a classroom visit and stadium recognition. Videos are '� , a produced of the shopping ',' -- �\` spree and following the implementation of supplies ' '"i into the classroom. ki� COMMUNITY LEADERS iV� - Whataburger and the a Hooks have donated over $50,000 in hard cost field materials, uniforms, player CORPUS J UeR'ST[.. and equipment to 10 area Little Leagues since 2021. AN {{ Additionally,the Hooks have donated professional player-used cleats,turf/ trainer shoes, and catcher's equipment to F P�� some, area high school players (over$10,000 value) r \ ki� COMMUNITY LEADERS dl Starting in 2024, we will have two new Community ! jT Leader programs with the support of corporate ���;���iI�Y partners. CORPUS CHRISTI HOOKS One will focus on kQUIPhYENT EYUIPMEUT — _ �' LEADERS , Nor ARM SNARE o•�� SHARE EgUIPMEAI . EfIUIPME environmental initiatives I, _ SNARE _ alongside the Coastal Bend Bays& Estuaries IPOINTFIVE cific � Program. s� The other will highlight area First Responders a which includes CCPD & 1 �� :aw t ' '(� 111� CCFD. ,7 Each program will allow us to commit funds, resources and promotion. ki� SHARE2CARE 50/50 iV� Over $150,000 donated to Coastal Bend charities since 2022. ilk L' `0 °. , * :° "F""`-' Diverse recipients including: c a.am sed Community in Schools Munk „� 1ji ' `���_m« '. Heroes on the Water , � The Junior League of CC Special Hearts in the Arts Choice Living Community CCPD Explorer Post 133 Amigos for Education Metro Ministries The Purple Door Hispanic Women's Network A The Traveling Library CC RIMZ Military Order of the Purple Heart Rainbow Room And more aP�%i% ADDITIONAL IMPACT V� 288 Rooms over a week in AM February 62-person travel party w Ku `22224 opened season in Ab Corpus Christi Committed through 2026 _ Landry's, Water St Oyster Bar, Jersey Mikes, Rudy's BBQ, Jalisco Bar& Grill, Howard's BBQ, Smoothie King, Freebirds, McAllister's, Kiko's, On the Border, Olive Garden, Outback Steakhouse and f . . Tropical Smoothie ki-;f RETAIL REACH dl "Corpus Christi" represented in retail beyond the Coastal Bend. „�� a Merchandise sold to all 50 o ,r .S'y1r states and Puerto Rico w __ �'�► � � �� plus the United Kingdom, •ro , Australia, Canada,Taiwan, l� ^1' CPI"SS IHR15 T1' 1'... ��. Armed Forces Europe, M y �N 1. , ! ;; France, New Zealand, J� � ' d��+ I'll Paraguay, Spain and Mexico. —= 111/ � 11II �' � l 1' e , c A� �►1 li i'111 I l- ' ' . � 11%III/ II111,, Top 20 in MiLB Retail 1) ►�/!/ IL/ 11 /1`,�� annually. Little League teams around the country playing r . � as the Hooks. -r aP�%i% ADDITIONAL IMPACT V� S.Texas Economic Development Center @ TAMUCC I The 2020 Report states the average economic `� impact from operations at I rr +t'ir Whataburger Field is $20.68 million per year. Entering our 19th season in 2024, and with some big ABETTER WAY 19 RENT �E ipmentsha" R Xa , � v � � „, plans for the 20th ary i e +' _ ET' TO REN Np anniversary n 2025 w Thope this provided an i ' 17 informative look into how the value and ongoing = investment of this facility extends far beyond what happens on the field.