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Agenda Packet City Council - 04/29/2014
Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com ply � xF Meeting Agenda - Final olltukllffl ""o City Council Tuesday,April 29,2014 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Dr. Bob Eckhert. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 14-00492 Proclamation declaring April 29, 2014 as "National Mayor's Challenge for Water Conservation Day" Proclamation declaring May 3, 2014 as "CASA 5K SuperHero Run Walk" Proclamation declaring May 4-10, 2014 as "National Children's Mental Health Awareness Week" Proclamation declaring May 4-10, 2014 as "Goodwill Industries Week" Proclamation declaring May 5-11, 2014 as "National Tourism Week" Proclamation declaring May 10, 2014 as "Lemonade Day Corpus Christi" Proclamation declaring May 12, 2014 as "National Peace Officers' Memorial Day" & May 11-17, 2014, as "National Police Week" Certificate of Commendation- Carroll & Moody High Schools, Baker& South Park Middle Schools, and Sam Houston Elementary School for Corpus Christi Page 1 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 Their Students' Outstanding Leadership in Raising Funds for the Triumph Over Kid Cancer Foundation F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: a. City Performance Report -Capital Programs b. Other H. EXECUTIVE SESSION: (ITEMS 2 -3) 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. In the event 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 office. 2. 14-00488 Executive session pursuant to Sections 551.071 and 551.072, Texas Government Code, and Rule 1.05 Texas Disciplinary Rules of Professional Conduct, regarding acquisition of permits and easements related to Mary Rhodes Pipeline Phase II, with possible discussion and action in open session. 3. 14-00499 Executive session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of all Municipal Corpus Christi Page 2 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 Court Judges with possible discussion and action in open session. I. MINUTES: 4. 14-00496 Regular meeting of April 22, 2014 Attachments: Minutes-April 22, 2014 J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 5 -20) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 5. 14-00400 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority for motor vehicle theft enforcement Resolution authorizing the City Manager or designee to submit a grant application in the amount of$645,331 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 14 with a City cash match of$485,161, in-kind match of$52,045, and program income match of$7,687 for a total project cost of$1,190, 224 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda memo-ABTPA grant application 04.22.2014 Resolution -ABTPA grant 2014- Police 6. 14-00369 Service Agreement for Diabetes Care Team Motion approving a service agreement for a Diabetes Care Team for the Corpus Christi Nueces County Public Health District (CCNCPHD) with Texas A&M Health Science Center(Coastal Bend Health Education Center), Corpus Christi, Texas, in accordance with Request for Proposal No. BI-0020-14 for an estimated three-year expenditure of$840,000, of Corpus Christi Page 3 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 which $100,800 is required for FY 2013-2014. The term of the service agreement will be for three years. Funds are budgeted in the Nueces County Health District Fund. Attachments: Agenda Memo- Diabetes Care Team Evaluation Matrix- Diabetes Care Team Service Agreement- Diabetes Care Team 7. 14-00290 Approving an advance funding agreement for median landscaping on Holly Road from State Highway 286 to Greenwood Drive (Bond 2012) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for approximately 3,800 linear feet of median landscaping on Holly Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012) with the City's participation in the amount of$37,361. Attachments: Agenda Memo- Holly Road from SH 286 to Greenwood Drive Project Budget- Holly Road from SH 286 to Greenwood Drive.pdf Advance Funding Agreement- Holly Road from SH 286 to Greenwood Drive.pdi Resolution -Holly Road from SH 286 to Greenwood Drive.pdf Location Map- Holly Road from SH 286 to Greenwood Drive Presentation- Holly Road from SH 286 to Greenwood Drive.pdf 8. 14-00327 Approving architectural design contract amendment no. 1 for aquatic facility upgrades and improvements Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Turner Ramirez Associates, Inc. from Corpus Christi, Texas in the amount of $280,050, for a total re-stated fee of $329,550, for Aquatic Facility Upgrades and Improvements for the design, bid, and construction phase services. BOND 2012. Attachments: Agenda Memo-Aquatic Facility Upgrades and Improvements addl language.pd Project Budget-Aquatic Facility Upgrades and Improvements.pdf Amendment No. 1.pdf Location Map.pdf Presentation-Aquatics Facility Upgrades and Improvements.pdf 9. 14-00267 Professional Service Agreement for Consulting Services related to the RESTORE Act Motion approving a professional service agreement with Tim Richardson, Rockville, Maryland to provide consulting assistance to the Environmental & Strategic Initiatives Department to secure Deepwater Horizon (DWH) restoration funding, for a total expenditure of$80,050, of Corpus Christi Page 4 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 which $40,025 is required in FY 2013-2014. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the service provider and the City Manager, or designee. Funds have been budgeted by the using Department in FY 2013-2014. Attachments: Agenda Memo- Professional Service Agreement for Consulting Services relate( Price Sheet- Professional Service Agreement for Consulting Services related to Service Agreement- Professional Service Agreement for Consulting Services re 10. 14-00371 Construction contract for facilites ADA improvements at the South Texas Art Museum and barge dock parking lot(Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with JE Construction Services of Corpus Christi, Texas in the amount of $294,386.80 for Facilities ADA Improvements: South Texas Art Museum and Barge Dock Parking Lot for the Base Bid plus Additive Alternate No. 1. (Bond 2012) Attachments: Agenda Memo- Facilities ADA Imps So TX Art Museum Barge Dock Parking Lo' Project Budget- Facilities ADA Imps So TX Art Museum Barge Dock Parking Lo Location Map- Facilities ADA Imps So TX Art Museum Barge Dock Parking Lot. Presentation- Facilities ADA Imps So TX Art Museum Barge Dock Parking Lot.r 11. 14-00392 Second Reading Ordinance - Rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, on property located at 5650 Wooldridge Road (1st Reading 4122114) Case 0314-02 - Morent, LLC - Series A: A rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to light industrial. The property is described as Lot 4, Block 16-D, Lokey Subdivision, located along the north side of Wooldridge Road, approximately 530 feet east of South Staples Street. Planning Commission and Staff Recommendation (March 26, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Morent, LLC - Series A("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 16-D, Lokey Subdivision, from the "CG-2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 5 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 Attachments: Agenda Memo- Morent, LLC located at 5650 Wooldridge Road Ordinance- Morent, LLC located at 5650 Wooldridge Road Zoning Report-Morent, LLC located at 5650 Wooldridge Road Aerial Overview Map- Morent, LLC located at 5650 Wooldridge Road 12. 14-00393 Second Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF" Two-Family District on Tract 5, on property located at 8010 Yorktown Boulevard (1st Reading 4122114) Case 0314-04 Dorsal Development, LLC: A change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF" Two-Family District on Tract 5. The property is described as being a 70.201-acre tract of land out of Lots 7, 8, 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Yorktown Boulevard at the intersection of Starry Road. Planning Commission and Staff Recommendation (March 26, 2014): Approval of the change of zoning for all Tracts. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 70.201-acre tract of land out of Lots 7, 8, 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF" Two-Family District on Tract 5; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Dorsal Development, LLC, Yorktown and Starry Road Ordinance- Dorsal Development, LLC, Yorktown and Starry Road Zoning Report-Dorsal Development, LLC, Yorktown and Starry Road Aerial &Rezoning Maps- Dorsal Development, LLC, Yorktown and Starry Road 13. 14-00394 Second Reading Ordinance - Rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, on property located at 11930 Leopard Street (1st Reading 4122114) Corpus Christi Page 6 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 Case 0314-03 ZEBA, LLC: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from low density residential to commercial uses. The property is described as being a 5.864-acre tract of land out of Tract 11 of the Partition of the Estate of John B. Harney, located between Leopard Street and Interstate Highway 37, approximately 1,200 feet east of Callicoatte Road. Planning Commission and Staff Recommendation (March 26, 2014): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by ZEBA, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 5.864-acre tract of land out of Tract 11 of the Partition of the Estate of John B. Harney, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-ZEBA, LLC, 11930 Leopard Street Ordinance-ZEBA, LLC, 11930 Leopard Street Zoning Report-ZEBA, LLC, 11930 Leopard Street Aerial Overview Map-ZEBA, LLC, 11930 Leopard Street 14. 14-00356 Second Reading Ordinance -Accepting and appropriating a Federal grant to combat drug trafficking (1st Reading 4122114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant modification award in the amount of$165,700 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $165,700 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo- HIDTA grant award 04.22.2014 Ordinance- HIDTA grant 2014- Police Award letter-HIDTA 04.08.2014 15. 14-00410 Second Reading Ordinance -Accepting and appropriating increase in State grant for homeland security (1st Reading 4122114) Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Corpus Christi Page 7 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $60,678.80 to $75,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,000.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. Attachments: Agenda Memo-SHSP Ordinance-SHSP Grant Adjustment Notice 16. 14-00359 Second Reading Ordinance - Accepting and appropriating a State grant increase for Women, Infants and Children (WIC) grant (1st Reading 4/22/14) Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $470,578 from the Texas Department of State Health Services in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2014 thru September 30, 2014; and to ratify acceptance of the grant extension amendment to begin as of April 1, 2014. Attachments: Agenda Memo-2014 WIC amendment memo Ordinance-2014 WIC amendment.pdf Contract Amendment-Corpus-Nueces 2014-045103-001A(3).pdf Letter of Amendment-2014 WIC.pdf Contract-2014 WIC 17. 14-00358 Second Reading Ordinance - Participation agreement for the extension of Rancho Vista Boulevard (1st Reading 4/22/14) Ordinance authorizing the City Manager or designee to execute a developer participation agreement with Yorktown Oso Joint Venture, ("Developer"), to reimburse the Developer up to $67,952.92 for the City's share of the cost to extend Rancho Vista Boulevard, in accordance with the Unified Development Code. Attachments: Agenda Memo- Rancho Vista SD Unit 9, Participation Agreement Ordinance- Rancho Vista SD Unit 9, Participation Agreement Agreement- Rancho Vista SD Unit 9, Participation Agreement Location Map- Rancho Vista SD Unit 9, Participation Agreement Exhibits 1-4- Rancho Vista SD Unit 9, Participation Agreement Corpus Christi Page 8 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 18. 14-00368 Second Reading Ordinance -Closing a portion of a pipeline easement located north of Saratoga Boulevard and east of Ayers Street (1st Reading 4122114) Ordinance abandoning and vacating a portion of an existing blanket pipeline easement within a 4.07 acre tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands, located north of the Saratoga Boulevard (State Highway 357) state right-of-way, and located east of the Ayers Street public right-of-way; and requiring the owner, Spear Consolidated, Ltd., to comply with the specified conditions. Attachments: Agenda Memo-Abandon and Vacate, Bohemian Colony Lands Ordinance-Abandon and Vacate, Bohemian Colony Lands ExhibitA-Abandon and Vacate, Bohemian Colony Lands 19. 14-00444 Second Reading Ordinance -Approving the resale of twenty-five (25)foreclosed properties (1st Reading 4122114) Ordinance authorizing the resale of twenty-five (25) properties for $123,650.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $15,013.28 plus $19,505.27 for partial payment of City paving and demolition liens. Attachments: Agenda Memo- Property Tax Sales-25 properties April 22, 2014.pdf Property List-2014 04 04 Property for Tax Resale.pdf Ordinance- Property Tax Resale 20. 14-00411 Second Reading Ordinance -Appropriating funds for repair and maintenance at the American Bank Center&Arena (1st Reading 4122114) Ordinance approving a grant of$193,375.66 to SMG-American Bank Center for repair and maintenance needs at the Arena; appropriating $193,375.66 from the unreserved fund balance in the No. 1130 Arena Facility Fund for these needs; amending the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $193,375.66. Attachments: Agenda Memo-ABC Repair and Maintenance Funding Ordinance-ABC Repair and Maintenance Funding M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 21) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 21. 14-00306 Second Reading Ordinance -Accepting and appropriating Federal funds for Desalination program and amending engineering contract Corpus Christi Page 9 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 for Desalination program (1st Reading 4122114) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer and appropriate $1,080,735 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund to and appropriating in the No. 4080 Water CIP Fund for the City of Corpus Christi Desalination Program; accepting and appropriating a grant in the amount of$400,000 from the United States Department of Interior Bureau of Reclamation in Fund 1052 Water Grant Fund for Project No. E13063 City of Corpus Christi Desalination Program; amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project No. E13063 City of Corpus Christi Desalination Program; increasing expenditures and revenues in the amount of$1,480,735; authorizing the City Manager, or designee to execute all documents necessary to accept the grant for the City of Corpus Christi Desalination Program Pilot Study; authorizing the City Manager, or designee, to apply for additional federal and state grants with anticipated use of the City of Corpus Christi Desalination Program Pilot Study funds for any grant matches; and authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$966,699, for a total restated fee not to exceed $1,016,047 for Project No. E13063 City of Corpus Christi Desalination Program. Attachments: Agenda Memo- Desalination Ordinance- Desalination Project Budget- Desalination Location Map- Desalination Contract- Desalination Presentation- Desalination Award Letter- Desalination O. FIRST READING ORDINANCES: (ITEMS 22 -23) 22. 14-00454 First Reading Ordinance - Participation agreement with developer and reimbursement for the City's cost of South Oso Parkway Ordinance authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, LP., ("Developer"), to reimburse the Developer up to $215,861.52 for the City's share of the cost to extend South Oso Parkway, in accordance with the Unified Development Code. Corpus Christi Page 10 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 Attachments: Agenda Memo- Participation Agreement, King Estates Unit 4 Ordinance- Participation Agreement, King Estates Unit 4 Aerial Map-Participation Agreement, King Estates Unit 4 Agreement-Signed Participation Agreement, King Estates Unit 4 Exhibits-Agreement 1-4-Participation Agreement, King Estates Unit 4 23. 14-00455 First Reading Ordinance -Approving an agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line located south of Leopard Street and east of McKinzie Road Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with First Landmark Development Inc., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $104,218.24 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo-Overland Meadows Unit 6, Reimbursement Agreement Ordinance-Overland Meadows Unit 6, Reimbursement Agreement Aerial Map-Overland Meadows Unit 6, Reimbursement Agreement Agreement-Signed Overland Meadows Unit 6, Reimbursement Agreement Exhibits 1-5-Overland Meadows Unit 6, Reimbursement Agreement P. RECESS TO THE CORPORATION MEETING: (ITEM 24) 24. 14-00427 Special Board Meeting of the Corpus Christi Housing Finance Corporation. Attachments: Agenda Memo-Corpus Christi Housing Finance Corporation 04.29.2014 CCHFC Agenda 0429 CCHFC Minutes-022514 Resolution -Fiscal Year 0429 Agreement- Financial Services 0429-11-rev Contract-Ward Building Q. RECONVENE THE CITY COUNCIL MEETING: R. FUTURE AGENDA: (ITEMS 25 -26) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 25. 14-00448 Supply agreement for cement stabilized sand and cushion sand for backfill of utility trenches after repairs are complete Corpus Christi Page 11 Printed on 412812014 City Council Meeting Agenda-Final April 29,2014 Motion approving a supply agreement with G.P Transport Inc., Corpus Christi, Texas for cement stabilized sand and cushion sand in accordance with Bid Invitation No. BI-0124-14, based on only bid for an estimated twelve month expenditure of $167,250.00 of which $69,687.50 is required for the remainder of FY 2013-2014. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Utilities Operations Budget in FY 2013-2014. Attachments: Agenda Memo-Supply Agreement for Cement Stabilized Sand and Cushion Se Bid Tabulation-Supply Agreement for Cement Stabilized Sand and Cushion Sa 26. 14-00370 Landscape maintenance agreement for landscape improvements on State Highway 286 at J. C. Elliott Landfill Transfer Station Resolution authorizing the City Manager, or designee, to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 286 (Crosstown Expressway) at J. C. Elliott Landfill Transfer Station. Attachments: Agenda Memo-SH 286 JCE LF Transfer Station Landscape Maintenance Agre Resolution -SH 286 JCE LF Transfer Station Landscape Maintenance Agreeme Location Map-SH 286 JCE LF Transfer Station Landscape Maintenance Agree Presentation-SH 286 JCE LF Transfer Station Landscape Maintenance Agreer Agreement- Landscape Maintenance JCE Transfer Station ExhibitA-SH 286 JCE LF Transfer Station S. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. T. ADJOURNMENT Corpus Christi Page 12 Printed on 412812014 Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,April 22,2014 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Jeanne Gardiner, Unity by the Sea Church. Ms.Jeanne Gardiner gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Assistant City Secretary Paul Pierce gave the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Mayor Pro Tern Priscilla Leal has been granted a leave of absence. Charter Officers: City Manager Ron Olson, Interim City Attorney Barney L. Knight,and City Secretary Rebecca Huerta. Present: 8- Council Member Kelley Allen,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen McIntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 1 - Council Member Priscilla Leal E. Proclamations /Commendations 1. Proclamation declaring April 20-26, 2014 as "National Medical Laboratory Professionals Week" Proclamation declaring April 22, 2014 as "MADD Power of Parents Talk Day" Proclamation declaring April 25, 2014 as "Arbor Day" Proclamation declaring April 25, 2014 as "Nuevo Cafe 10th Corpus Christi Page 1 Printed on 412412014 City Council Meeting Minutes April 22,2014 Anniversary Day" Proclamation declaring April 27-May 4, 2014, as "Days of Remembrance" Proclamation declaring May 2, 2014 as "Generation Texas Day" Proclamation declaring May 15, 2014 as "Red Cross Day" Swearing-in Ceremony for Newly Appointed Board, Commission & Committee Members Mayor Martinez presented the proclamations and conducted the swearing-in ceremony for newly appointed board,commission and committee members. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez called for comments from the audience. Huxley Smith spoke regarding problems associated with a desalination plant in Sydney,Australia. Colin Sykes spoke regarding the issue of corporate influence on government through political donations and asked the Council to consider support to amend this issue. Mr. Sykes invited the Council to attend the"Move to Amend"event in Corpus Christi on Thursday,April 24th at 7:00 p.m. in Room 514 of the White Library on the Del Mar East campus.Abel Alonzo spoke regarding the media presenting misinformation regarding the funding for the American Bank Center Arena.John Powell spoke regarding the ground transportation permit fees charged by the Corpus Christi International Airport and the affect these fees have on his business. Mr. Powell asked that his business be exempt from the fees. Mary Lou Huffman thanked the Council for the street improvements on Old Robstown Road and spoke regarding illegal dumping. Battalion Chief Jim Devisser spoke regarding the results of the MGT study of the the Fire Department and the issue of firefighters opting out of ambulance duty after eight(8)years. I. MINUTES: 4. Regular Meeting of April 15, 2014 Mayor Martinez deviated from the agenda and called for approval of the minutes. Council Member McIntyre made a motion to amend pg. 10, Item 23, part 3, to include the word "park", seconded by Council Member Loeb and passed.The minutes were approved as amended. J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: Corpus Christi Page 2 Printed on 412412014 City Council Meeting Minutes April 22,2014 L. CONSENT AGENDA: (ITEMS 5 -6) Mayor Martinez called for the consent agenda.There were no comments from the Council or the public. The following consent agenda was passed by one vote as follows: 5. Service amendment No. 1 to Employer-Sponsored Wellness Clinic Motion authorizing the City Manager or designee to execute amendment No. 1 to the service agreement with H2 U Wellness Centers, LLC d.b.a. First Onsite (H2U) of Nashville, Tennessee, in the amount of$495,750, of which $97,708.33, is required for FY 2013-2014. Funds are budgeted in the Other Employee Benefits Fund. This Motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2014-050 6. Second Reading Ordinance -Accepting and appropriating State grant for Click It Or Ticket program (1st Reading 4115114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$19,993.11 from the State of Texas, Department of Transportation for the FY2014 Click It Or Ticket program grant; and appropriating the $19,993.11 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030160 H. EXECUTIVE SESSION: (ITEMS 2 -3) Mayor Martinez deviated from the agenda and referred to the day's executive sessions.The Council went into executive session. Corpus Christi Page 3 Printed on 412412014 City Council Meeting Minutes April 22,2014 2. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. This E-Session Item was discussed in executive session 3. Executive Session: Convene into executive session pursuant to Sec. 551.071, Texas Government Code, Rule 1.05 Texas Disciplinary Rules of Professional Conduct, and Sec. 551.074, Texas Government Code, to consult with and receive advice and information from the Interim City Attorney regarding the continuing investigation of the City Attorney's Office, and the performance and evaluation of public officers and employees within that Department. Reconvene from Executive Session and take such action as the Council finds appropriate regarding the investigation of the City Attorney's Office and the performance and evaluation of the officers and employees within that Department. This E-Session Item was discussed in executive session G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. a. City Performance Report -Capital Programs Mr. Olson announced that the City Performance Report for Capital Programs is being postponed until the April 29th meeting. b. Update on Law Department Performance Mr. Olson provided an overview of the findings from the external review by Davidson,Troilo, Ream&Garza and the internal review from Interim City Attorney Barney L. Knight regarding the City's Legal Department Performance. Mr. Olson stated that staff is currently in the process of executing the recommendations and ensuring accountability. C. Other None. M. PUBLIC HEARINGS: (ITEMS 7 -9) 7. Public Hearing and First Reading Ordinance -Rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, on property located at 5650 Wooldridge Road Corpus Christi Page 4 Printed on 412412014 City Council Meeting Minutes April 22,2014 Case 0314-02 - Morent, LLC - Series A: A rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to light industrial. The property is described as Lot 4, Block 16-D, Lokey Subdivision, located along the north side of Wooldridge Road, approximately 530 feet east of South Staples Street. Planning Commission and Staff Recommendation (March 26, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Morent, LLC - Series A("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 16-D, Lokey Subdivision, from the "CG-2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 7.Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject property to allow for light industrial uses for a moving company. Ms. Gunning stated that Planning Commission and staff were in favor of the zoning change. Council Member McIntyre made a motion to open the public hearing,seconded by Council Member Magill.There were no comments from the Council or the public. Council Member Garza made a motion to close the public hearing, seconded by Council Member McIntyre.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 8. Public Hearing and First Reading Ordinance -Rezoning from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF" Two-Family District on Tract 5, on property located at 8010 Yorktown Boulevard Case 0314-04 Dorsal Development, LLC: A change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF"Two-Family District on Tract 5. The property is described as being a 70.201-acre tract of land out of Corpus Christi Page 5 Printed on 412412014 City Council Meeting Minutes April 22,2014 Lots 7, 8, 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Yorktown Boulevard at the intersection of Starry Road. Planning Commission and Staff Recommendation (March 26, 2014): Approval of the change of zoning for all Tracts. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 70.201-acre tract of land out of Lots 7, 8, 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF" Two-Family District on Tract 5; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 8.Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject property to allow for a commercial, multifamily,duplex, and single-family development on Tracts 1 through 5. Ms. Gunning stated that Planning Commission and staff were in favor of the zoning change. Council Member McIntyre expressed concern with the connection of Oso Parkway near Cimarron and asked staff to review the Transportation Plan and consider renaming that portion of the street. Council Member McIntyre made a motion to open the public hearing,seconded by Council Member Garza.There were no comments from the public. Council Member Garza made a motion to close the public hearing,seconded by Council Member Scott.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 9. Public Hearing and First Reading Ordinance -Rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, on property located at 11930 Leopard Street. Case 0314-03 ZEBA, LLC: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from low density residential to commercial uses. The property is described as being a 5.864-acre tract of land out of Tract 11 of the Partition of the Estate of John B. Harney, located between Leopard Street and Interstate Corpus Christi Page 6 Printed on 412412014 City Council Meeting Minutes April 22,2014 Highway 37, approximately 1,200 feet east of Callicoatte Road. Planning Commission and Staff Recommendation (March 26, 2014): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by ZEBA, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 5.864-acre tract of land out of Tract 11 of the Partition of the Estate of John B. Harney, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 9.Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject property to allow for commercial and multifamily uses. Ms. Gunning stated that Planning Commission and staff were in favor of the zoning change. Council Member Magill made a motion to open the public hearing,seconded by Council Member Scott and passed.There were no comments from the Council or the public. Council Member Garza made a motion to close the public hearing,seconded by Council Member Scott and passed. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 10 -17) 10. First Reading Ordinance -Accepting and appropriating a Federal grant to combat drug trafficking Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant modification award in the amount of$165,700 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $165,700 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 10. Police Chief Floyd Simpson stated that the Corpus Christi Page 7 Printed on 412412014 City Council Meeting Minutes April 22,2014 purpose of the item is to accept a grant and appropriate the funds in the amount of$165,700 for the Houston High Intensity Drug Trafficking Area for the salary and benefits of a full-time program coordinator,one administrative assistant,overtime for four police officers and four leased vehicles.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 11. First Reading Ordinance -Accepting and appropriating increase in State grant for homeland security Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $60,678.80 to $75,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,000.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. Mayor Martinez referred to Item 11. Fire Chief Robert Rocha stated that the purpose of this item is to accept a grant adjustment from the Texas Department of Public Safety and appropriate the increased funding in the amount of $15,000.There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 12. First Reading Ordinance - Accepting and appropriating a State grant increase for Women, Infants and Children (WIC) grant Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $470,578 from the Texas Department of State Health Services in the Health Grant Fund No. Corpus Christi Page 8 Printed on 412412014 City Council Meeting Minutes April 22,2014 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2014 thru September 30, 2014; and to ratify acceptance of the grant extension amendment to begin as of April 1, 2014. Mayor Martinez referred to Item 12. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept and appropriate a grant from the Texas Department of State Health Services for the Women, Infants,and Children (WIC) program in the amount of$470,578.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 13. First Reading Ordinance -Accepting and appropriating Federal funds for Desalination program and amending engineering contract for Desalination program Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer and appropriate $1,080,735 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund to and appropriating in the No. 4080 Water CIP Fund for the City of Corpus Christi Desalination Program; accepting and appropriating a grant in the amount of$400,000 from the United States Department of Interior Bureau of Reclamation in Fund 1052 Water Grant Fund for Project No. E13063 City of Corpus Christi Desalination Program; amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project No. E13063 City of Corpus Christi Desalination Program; increasing expenditures and revenues in the amount of$1,480,735; authorizing the City Manager, or designee to execute all documents necessary to accept the grant for the City of Corpus Christi Desalination Program Pilot Study; authorizing the City Manager, or designee, to apply for additional federal and state grants with anticipated use of the City of Corpus Christi Desalination Program Pilot Study funds for any grant matches; and authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$966,699, for a total restated fee not to exceed $1,016,047 for Project No. E13063 City of Corpus Christi Desalination Program. Mayor Martinez referred to Item 13. Executive Director of Public Works Dan Biles stated that the purpose of this item is to execute an engineering contract with Freese and Nichols Inc.for the Desalination Pilot Project. Mr. Biles presented information on the project goals and objectives which include feasibility and cost estimates for desalination in the region,testing of emerging Corpus Christi Page 9 Printed on 412412014 City Council Meeting Minutes April 22,2014 technologies,determining a basis for design of a full scale facility and being prepared to start a full scale facility. Mr. Biles also provided an overview of the contract,a project schedule and budget. Council members spoke regarding the following topics:development of a business model for all of Region N;continuing opportunities for conservation and reuse; studying potable and nonpotable water; investing time and energy in desalination; flexibility on technology beyond reverse osmosis;discussion of brine disposal; researching Aquifer Storage and Recovery(ASR); capability to store underground;collaboration and partnerships where appropriate;cost and rate analysis;the screening process for new technology;and continuing to take a leadership role with industry users. Mayor Martinez called for comments from the public. Mark Gurgevich and Abel Alonzo spoke in support of this item. Huxley Smith said he supported the study and asked the Council to consider all the factors involved with desalination.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Loeb Abstained: 0 14. First Reading Ordinance - Participation agreement for the extension of Rancho Vista Boulevard. Ordinance authorizing the City Manager or designee to execute a developer participation agreement with Yorktown Oso Joint Venture, ("Developer"), to reimburse the Developer up to $67,952.92 for the City's share of the cost to extend Rancho Vista Boulevard, in accordance with the Unified Development Code. Mayor Martinez referred to Item 14. Interim Director of Development Services Barney Williams stated that the purpose of this item is to approve a developer participation agreement with Yorktown Oso Joint Venture to reimburse up to $67,952.92 for the City's share of the cost to extend Rancho Vista Boulevard. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Council Member Allen, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 3- Council Member Leal, Council Member Loeb and Council Member Scott Abstained: 0 15. First Reading Ordinance -Closing a portion of a pipeline easement located north of Saratoga Boulevard and east of Ayers Street Ordinance abandoning and vacating a portion of an existing blanket Corpus Christi Page 10 Printed on 412412014 City Council Meeting Minutes April 22,2014 pipeline easement within a 4.07 acre tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands, located north of the Saratoga Boulevard (State Highway 357) state right-of-way, and located east of the Ayers Street public right-of-way; and requiring the owner, Spear Consolidated, Ltd., to comply with the specified conditions. Mayor Martinez referred to Item 15. Interim Director of Development Services Barney Williams stated that the purpose of this item is to abandon and vacate a portion of an existing blanket pipeline easement and allow for the future development of the subject property.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Council Member Allen, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 3- Council Member Leal, Council Member Loeb and Council Member Scott Abstained: 0 16. First Reading Ordinance -Approving the resale of twenty-five (25) foreclosed properties Ordinance authorizing the resale of twenty-five (25) properties for $123,650.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $15,013.28 plus $19,505.27 for partial payment of City paving and demolition liens. Mayor Martinez referred to Item 16. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the resale of 25 foreclosed properties which were foreclosed upon for failure to pay ad valorem taxes.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Council Member Allen, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 3- Council Member Leal, Council Member Loeb and Council Member Scott Abstained: 0 17. First Reading Ordinance -Appropriating funds for repair and maintenance at the American Bank Center&Arena Ordinance approving a grant of$193,375.66 to SMG-American Bank Center for repair and maintenance needs at the Arena; appropriating $193,375.66 from the unreserved fund balance in the No. 1130 Arena Facility Fund for these needs; amending the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $193,375.66. Mayor Martinez referred to Item 17.Assistant City Manager Wes Pierson stated that the purpose of this item is to appropriate$193,375.66 of unused funds to the American Bank Center for repair and maintenance needs at the Arena from Fiscal Year 2012-2013 into Fiscal Year 2013-2014. There were no comments Corpus Christi Page 11 Printed on 412412014 City Council Meeting Minutes April 22,2014 from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Loeb Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 18 -23) Mayor Martinez referred to the Future Agenda.Assistant City Manager Susan Thorpe stated that staff did not have any planned presentations.A council member asked questions regarding Item 20. 18. Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority for motor vehicle theft enforcement Resolution authorizing the City Manager or designee to submit a grant application in the amount of$645,331 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 14 with a City cash match of$485,161, in-kind match of$52,045, and program income match of$7,687 for a total project cost of$1,190, 224 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended to consent agenda 19. Service Agreement for Diabetes Care Team Motion approving a service agreement for a Diabetes Care Team for the Corpus Christi Nueces County Public Health District (CCNCPHD) with Texas A&M Health Science Center(Coastal Bend Health Education Center), Corpus Christi, Texas, in accordance with Request for Proposal No. BI-0020-14 for an estimated three-year expenditure of$840,000, of which $100,800 is required for FY 2013-2014. The term of the service agreement will be for three years. Funds are budgeted in the Nueces County Health District Fund. This Motion was recommended to consent agenda 20. Approving an advance funding agreement for median landscaping on Holly Road from State Highway 286 to Greenwood Drive (Bond 2012) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Corpus Christi Page 12 Printed on 412412014 City Council Meeting Minutes April 22,2014 Transportation (TXDOT) for approximately 3,800 linear feet of median landscaping on Holly Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012) with the City's participation in the amount of$37,361. This Resolution was recommended to consent agenda 21. Approving architectural design contract amendment no. 1 for aquatic facility upgrades and improvements Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Turner Ramirez Associates, Inc. from Corpus Christi, Texas in the amount of $280,050, for a total re-stated fee of $329,550, for Aquatic Facility Upgrades and Improvements for the design, bid, and construction phase services. BOND 2012. This Motion was recommended to consent agenda 22. Professional Service Agreement for Consulting Services related to the RESTORE Act Motion approving a professional service agreement with Tim Richardson, Rockville, Maryland to provide consulting assistance to the Environmental & Strategic Initiatives Department to secure Deepwater Horizon (DWH) restoration funding, for a total expenditure of$80,050, of which $40,025 is required in FY 2013-2014. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the service provider and the City Manager, or designee. Funds have been budgeted by the using Department in FY 2013-2014. This Motion was recommended to consent agenda 23. Construction contract for facilites ADA improvements at the South Texas Art Museum and barge dock parking lot(Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with JE Construction Services of Corpus Christi, Texas in the amount of$294,386.80 for Facilities ADA Improvements: South Texas Art Museum and Barge Dock Parking Lot for the Base Bid plus Additive Alternate No. 1. (Bond 2012) This Motion was recommended to consent agenda Q. FUTURE CORPORATION MEETING: (ITEM 24) 24. Special Board Meeting of the Corpus Christi Housing Finance Corporation. Corpus Christi Page 13 Printed on 412412014 City Council Meeting Minutes April 22,2014 This Corporation Meeting was recommended to be held R. BRIEFINGS TO CITY COUNCIL: (NONE) S. ADJOURNMENT The meeting was adjourned at 4:07 p.m. Corpus Christi Page 14 Printed on 412412014 d AGENDA MEMORANDUM oaPOwR,ko Future item for the City Council meeting of April 22, 2014 2852 Action Item for the City Council meeting of April 29, 2014 DATE: April 2, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydspcctexas.com 886-2604 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority to continue the motor vehicle theft enforcement grant in the Police Department CAPTION: Resolution authorizing the City Manager or designee to submit a grant application in the amount of $645,331 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 14 with a City cash match of $485,161, in-kind match of $52,045, and program income match of $7,687 for a total project cost of$1,190,224 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for Year 14 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of$2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased from 1,515 to 487 in 2013. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who are funded and currently work in the auto theft and auto burglary bureau. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $544,893 $5447893 BALANCE $5447893 $544 893 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Grant application Resolution Authorizing the City Manager or designee to submit a grant application in the amount of $645,331 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement.grant within the Police Department for Year 14 with a City cash 'match of $485,161, in-kind match of $52,045, and program income match of $7,687 for a total project cost of $1,19 0,224 and authorizing the City Manager or the City Manager's designee to apply for,accept, reject, alter or terminate the grant BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The'City Manager, or designee, is authorized to submit a grant application in the amount of$645,331 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 14 with a City cash match of $485,161, in-kind services of $52,045, and a program.income match of$7,687,for a total project cost of$1,190;224 and authorizing the City Manager or the City Manager`s designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 2 Corpus.Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of April 22, 2014 2852 Action Item for the City Council Meeting April 29, 2014 DATE: April 22, 2014 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm&cctexas.corn (361) 826-3165 Annette Rodriguez, Director of Health annetterp_cctexas.corn (361) 826-7205 Diabetes Care Team CAPTION: Motion approving a service agreement for a Diabetes Care Team for the Corpus Christi Nueces County Public Health District (CCNCPHD) with Texas A&M Health Science Center (Coastal Bend Health Education Center), Corpus Christi, Texas, in accordance with Request for Proposal No. BI-0020-14 for an estimated three-year expenditure of $840,000, of which $100,800 is required for FY 2013-2014. The term of the service agreement will be for three years. Funds are budgeted in the Nueces County Health District Fund. PURPOSE: Services include creating a diabetes care team consisting of both Certified Diabetes Educators (CDEs) and Community Health Workers (CHWs) working through community Diabetes Self-Management Education/Support (DSME/S) programs to improve health outcomes by providing education and coordination of care. The Diabetes Care Team (DCT) will offer diabetes education and services to support the diverse cultures, learning and literacy levels and social barriers present in the diabetes patient community. The DCT will provide each patient with an individualized intervention plan. BACKGROUND AND FINDINGS: Presently, there are no DSME/S programs in Nueces County that have a Diabetes Care Team consisting of both a CDE and CHW. Existing programs have either a CDE, a CHW, or neither. By combining the efforts of these two (2) disciplines, a patient-centered, holistic model of care is created. This approach serves as a risk-reduction program to ensure at-risk diabetes patients will receive proactive, ongoing care that keeps them healthy and empowers them to self-manage their conditions in order to avoid worsening health and needing emergency or inpatient care. The program anticipates serving a minimum of 90 patients the first year, 300 patients the second year and 360 patients the third year in the following counties: Nueces, Kleberg, Kenedy, Brooks, Duval, Jim Wells, Live Oak, San Patricio, Aransas, Bee, Refugio, Goliad, Karnes, DeWitt, Victoria, Jackson, Lavaca and Gonzales. Each program year runs from October 1 st through September 30th of the following year. Funding to implement this program is provided via an award from the Centers for Medicare and Medicaid Services and the Texas Health and Human Services Commission in the amount of $340,043 through the remainder of FY 2013/2014. The monies necessary to carry out contract years 2 and 3 of the program recommended herein will be awarded by CMS on a year-to-year basis. The total of such awards for contract years 1, 2, and 3 recommended herein as well as program-related FTEs and program- and award-related administrative expenses for the Health Department is anticipated to be approximately $1,179,318.90. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Providers were evaluated on technical requirements, proposer's profile and qualifications, pricing, and exceptions to the diabetes care team requirements set out in the RFP. Among other requirements, targeted patients must be Medicaid enrolled/eligible, low-income, and/or uninsured or underinsured and receive their health care from the Community Health Centers, Public Health Clinics or hospital emergency departments. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Health Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Current 2013-2014 (CIP only) Year Future Years TOTALS Line Item Budget $340,043.00 $739,200.00 $1,079,243.00 Encumbered / Expended Amount $90,182.00 $0 $90,182.00 This item $100,800.00 $739,200.00 $840,000.00 BALANCE $149,061.00 $0 $149,061.00 Fund(s): Nueces County Health District Fund Comments: The total expenditure of $840,000.00 is comprised of $100,800 required for the five (5) months remaining in FY 2013/2014 and $739,200, which will be required in future fiscal years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement City of Corpus Christi RFP - Diabetes Care Team Purchasing Division Evaluation Matrix Senior Buyer: Elisa Covington Request for Proposal No.: BI-0020-14 Council Date: April 22, 2014 Available Texas A& M (Coastal Bend Health Education Center) Points Corpus Christi, Texas Technical Requirements 30 30 Proposer's Profile &Qualifications 30 30 Pricing 35 35 Exceptions 5 5 100 100 Total Award: $840,000.00 Note: The proposal submitted by Food Bank of Corpus Christi did not meet the minimum requirements. SERVICE AGREEMENT DIABETES CARE TEAM Service Agreement No. THIS DIABETES CARE TEAM Agreement (this "Agreement") is entered into by and between Texas A&M Health Science Center (the "Contractor") a health-related institution under the administration of Texas A&M University, a Texas institution of higher education,on behalf of the Coastal Bend Health Education Center and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager"),effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide a DIABETES CARE TEAM in response to RFP No.BI-0020-14 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the most advantageous proposer; NOW,TEIEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide a DIABETES CARE TEAM in accordance with RFP No. BI-0020-14. 2.Term. This Agreement is for three (3) years commencing on the date signed by the last signatory hereto and continuing for three-years thereafter. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the ADMINISTRATIVE RESEARCH DIRECTOR. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5.Insuranee. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the ADMINISTRATIVE RESEARCH DIRECTOR will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attoniey must be given copies of all insurance policies within 15 days of the City Manager's written request. b. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or RFP No. BI-0020-14, or the Contractor's proposal in response to RFP No. BI-0020-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County,Texas. 10. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 11. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. BI-0020-14. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty(20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 12. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety(90) days' written notice to the City. 13. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 14. Violence Policy.The Contractor must adopt a Violence in the Workplace policy. 15. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Administrative Research Director P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Texas A&M Health Science Center Contact Starr Flores Address: P.O. Box 2565 City, State, Corpus Christi TX 78403-2565 16. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis. This Agreement automatically expires on the effective date of a new contract. 17. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 27th day of March —52014 Contractor Texas A&M Health Education Center Bar C. Nelson Ph.D. Title. VP for Finance& Administration CITY OF CORPUS CMUSTI (`CITY") Constance Sanchez Date Director of Financial Services Incorporated by Reference: Exhibit A: RFP No. BI-0020-14 Exhibit B: Proposer's Proposal se Ak o 0ONVOR 11 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 22, 2014 Second Reading for the City Council Meeting of April 29, 2014 DATE: April 4, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com (361) 826-3897 THRU: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 FROM: Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com (361) 826-3504 Michael Morris, Director of Park and Recreation michaelmo@cctexas.com (361) 826-3464 Advance Funding Agreement with TXDOT Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for approximately 3,800 linear feet of median landscaping on Holly Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012) with the City's participation in the amount of $37,361. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for approximately 3,800 linear feet of median landscaping on Holly Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012) with the City's participation in the amount of $37,361. BACKGROUND AND FINDINGS: The Landscaping Improvements Project is part of the Holly Road Street Reconstruction project from SH 286 (Crosstown Expressway) to Greenwood Drive. This landscaping project will provide for the landscaping of the median dividing the four-lane arterial street, resulting in driver safety, driver confidence, economic growth, city pride, beautification, enhancement of the quality of life, and environmental improvements to the area by the addition of trees and green space as well as a better ride quality by limiting the turning movements. This landscape design is being coordinated with the Park and Recreation Department to assure that the median landscaping complies with the City of Corpus Christi's "Construction and Landscaping Design Manual for the Development of City- Maintained Right-of-Way Features"that also includes the Weriscaping Guidelines". After the Two (2) Year Maintenance Period by the Contractor, the subject landscaping will be maintained by the City of Corpus Christi's Park and Recreation Department. On January 22, 2013, City Council approved a Resolution to submit a Nomination Form to the Texas Department of Transportation (TXDOT) to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive (Bond 2012) Project, with intent to commit funds for a city match of $37,361 for a total construction cost of $186,804. ALTERNATIVES: 1. Provide authority to execute the Advance Funding Agreement. (Recommended) 2. Do not provide authority to execute the Advance Funding Agreement. (Not recommended) CONFORMITY TO CITY POLICY: The Resolution conforms to the City's Charter. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $3,001,400.00 $565,000.00 $10,805,483.38 $14,371,883.38 Encumbered / Expended Amount 1,815,400.00 12,515,900.09 14,331,300.09 This item $37,361.00 37,361.00 BALANCE $1,186,000.00 $527,639.00 -1,710,416.71 $3,222.29 Fund(s): CIP Bond 2012 Proposition No. 1 Streets, Sequence No. 15 Comments: The Transportation Enhancement Program is administered by the Texas Department of Transportation (TXDOT) and provides opportunities for non-traditional transportation activities. Projects must go above and beyond standard transportation activities and be integrated into the surrounding environment in a sensitive and creative manner that contributes to the livelihood of the community, promote the quality of the environment and enhance the aesthetics of the roadways. RECOMMENDATION: Passage of the Resolution as proposed for authority to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for approximately 3,800 linear feet of median landscaping on Holly Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012) with the City's participation in the amount of $37,361. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Advance Funding Agreement Resolution PROJECT BUDGET Holly Road Street and Landscape Improvements from State Highway (SH) 286 to Greenwood Drive BOND ISSUE 2012 FUNDS AVAILABLE: Texas Department of Transportation Enhancement Grant (Landscaping)......................... $ 149,443.00 Texas Department of Transportation Metropolitian Planning Organization Grant (Street) .... 4,080,000.00 Texas Department of Transportation Metropolitian Planning Organization Design.............. 546,838.68 Storm Water CIP....................................................................................................... 133,500.00 Future Storm Water CIP Request................................................................................. 1,535,000.00 Street Cl P................................................................................................................ 1,931,064.30 WaterCIP................................................................................................................ 600,500.00 Future Water CIP Request.......................................................................................... 2,605,200.00 Wastewater Cl P........................................................................................................ 403,643.70 Future Wastewater Cl P Request.................................................................................. 2,326,500.00 GasCIP.................................................................................................................. 28,193.70 Future Gas CIP Request............................................................................................. 32,000.00 TOTAL................................................................................................................... $ 14,371,883.38 FUNDS REQUIRED: Design & Construction: Design Engineer(LNV Engineering).............................................................................. $ 1,621,599.00 Geo-Tech Testing (Rock Engineering)........................................................................... 17,600.00 Construction Estimate........................................................................................ 11,182,852.00 Construction Materials Testing Estimate.................................................................. 287,437.67 Construction Inspection Estimate........................................................................... 503,015.92 Land Acquisition Estimate........................................................................................... 300,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)............................ 143,718.83 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs).................... 287,437.67 Misc. (Printing, Advertising, etc.).................................................................................. 25,000.00 TOTAL................................................................................................................... $ 14,368,661.09 ESTIMATED PROJECT BUDGET BALANCE................................................................ $ 3,222.29 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Transportation Enhancement (TE) Project This Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials called the "Local Government". WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Local Government prepared and submitted to the State a nomination form for consideration under the Transportation Enhancement Program for the project which is briefly described as Holly Road Landscaping Improvement Project, called the Project; and WHEREAS, the Texas Transportation Commission (the Commission) passed Minute Order Number 113642 dated July 25, 2013 awarding funding for projects in the 2012 Program Call of the Transportation Enhancement Program, including the Project; and WHEREAS, the rules and procedures for the selection and administration of the Transportation Enhancement Program are established in 43 TAC Sections 11.200 et seq.; and WHEREAS, the governing body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated January 22, 2013, which is attached to and made a part of this LPAFA as Attachment A; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA The termination of this LPAFA shall extinguish all rights, duties, obligations, and liabilities of the State under this LPAFA. This LPAFA shall be terminated under the conditions as stated in the Master Agreement or for the conditions, and in the manner, described in this LPAFA. AFA—LPAFA_TE Page 1 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development A. If the potential termination of the LPAFA is due to the failure of the Local Government to fulfill its contractual obligations, the State will notify the Local Government that possible breach of contract has occurred. The Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. B. If the Local Government withdraws from the Project after the LPAFA is executed, it shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system. C. A Project may be eliminated from the program as outlined below. If the Project is eliminated for any of these reasons, this LPAFA will be appropriately terminated. A project may be eliminated from the program if: 1. The Local Government fails to satisfy any requirements of the program rules cited as 43 TAC §11.200 et seq. 2. The implementation of the Project would involve significant deviation from the activities as proposed in the nomination form. 3. The Local Government withdraws from participation in the Project. 4. This is a construction project and construction has not been begun by August 31, 2016. 5. This is not a construction project and project activities have not been completed by NA, 20 6. The State determines that federal funding may be lost due to the Project not being implemented and completed. 7. Funds are not appropriated, in which case this LPAFA shall be terminated immediately with no liability to either party. Payment under this LPAFA beyond the current fiscal biennium is subject to availability of appropriated funds. 8. The Local Government fails to attend progress meetings at least twice yearly, as scheduled by the State. 3. Amendments Amendments of this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work, Use of Project, and Project Location The scope of work for the Project, which is shown in Attachment B, the Project Location Map, described in the nomination form and as approved by the Texas Transportation Commission, consists of: [ Landscaping the median of Holly Rd in the City of Corpus Christi: from SH286 to Greenwood Dr. for a distance of about 3800 with drought tolerant plants, trees, and ground cover. Some irrigation and a mow strip will be included. The purpose of this transportation project is to provide beautification of the street and roadway aesthetics.l Any project changes proposed must be submitted in writing by the Local Government to the State. Changes may also require an amendment to the LPAFA and the approval of the Federal Highway Administration (FHWA), the State, or the Commission. Any changes undertaken without written approval and agreement amendment may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. AFA—LPAFA_TE Page 2 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development 5. Right of Way and Real Property Acquisition Right of way and real property acquisition shall be the responsibility of the Local Government, as stated in the Master Agreement unless otherwise provided below: A. Right of way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. If the Local Government is the owner of any part of the Project site under this LPAFA, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. B. The Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. C. The Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Government shall be responsible for securing any additional real property required for completion of the Project. D. The State will not reimburse the Local Government for any real property acquired before execution of this LPAFA and before federal spending authority is approved. E. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record. F. The Local Government agrees to make a determination of property values for each real property parcel to be purchased with federal funds by methods acceptable to the State and to submit to the State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage, and recommended compensation. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market value. G. Condemnation shall not be used to acquire real property for this enhancement Project. AFA—LPAFA_TE Page 3 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development H. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the terms and provisions of this LPAFA. Reimbursement will be in an amount not to exceed eighty percent (80%) of the State's predetermined fair market value of each parcel, or the net cost of each parcel, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. Any costs associated with the relocation of displaced persons and personal property, as well as incidental expenses incurred in acquiring property to implement a TE project, will be the responsibility of the Local Government and current property owner at no cost to the State. I. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this LPAFA. The separate agreement must establish that the Project will be dedicated for public use for a period of time commensurate with the federal investment, but not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. The separate agreement must be approved by the State prior to its execution. A copy of the executed separate agreement shall be provided to the State. J. The Local Government agrees to execute individually or produce a legal document as necessary to provide for the Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. K. Local governments receiving federal funds must retain an inventory of funded items and monitor projects in accordance with 23 CFR 710 and 49 CFR 18, and with the procedures provided in the State's Local Government Project Procedures manual. The Local Government agrees to monitor the Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the federal funds, as appropriate. 1. The Local Government agrees to the review of their Project accounts and site visits by the State during the development of the Project at any time; 2. Upon Project completion, the State will continue to perform periodic visits to confirm the Project's continued use and upkeep. L. Forty five (45) days prior to any construction contract let date, the Local Government shall provide a certification to the State that all real property has been acquired. 6. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work, unless specified in the in the Transportation Enhancement Nomination form and approved by the State. The Local Government must AFA—LPAFA_TE Page 4 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. 7. Environmental Assessment and Mitigation A. Environmental assessment and mitigation will be carried out as stated in the Master Agreement, unless otherwise specified in the Transportation Enhancement Nomination form and approved by the State. These costs will not be reimbursed or credited towards the Local Government's financial share of the Project unless specified in the nominating form and approved by the State. B. Forty five (45) days prior to any construction contract let date, the Local Government shall provide a certification to the State that all environmental problems have been remediated. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government. Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and the Local Government will be seeking reimbursement for these services; and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements. A. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with the State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway Transportation Officials' (AASHTO) publications, "A Policy on Geometric Design of Highways and Streets"and "Guide for the Development of Bicycle Facilities,"as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by the State in writing in advance. B. When architectural and engineering services are provided by or through the Local Government, the Local Government shall submit any plans it has completed to the State for review and approval. The Local Government may also submit the plans to the State for review anytime prior to completion. The Local Government shall make the necessary revisions determined by the State. The Local Government will not let the construction contract until all required plans have received State approval. AFA—LPAFA_TE Page 5 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development C. When architectural and engineering services are provided by or through the State, then the following applies: The State is responsible for the delivery and performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the Project purposes. The State will cooperate fully with the Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 9. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. All contract letting and award procedures must be approved by the State prior to letting and award of the construction contract, whether the construction contract is awarded by the State or by the Local Government. C. All contract change order review and approval procedures must be approved by the State prior to start of construction. D. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this LPAFA will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Part 635, Subpart B. F. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by the State and the Local Government prior to authorizing the contractor to perform the work. Prior to completion of the Project, the party responsible for construction will notify the other party to this LPAFA of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 10. Project Maintenance A. Upon completion of the Project the Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules, whichever is greater. Should the Local Government at any time after Project completion decide it can no longer maintain and operate the Project for its intended purpose, the Local Government shall return the federal funds in accordance with CFR federal recapture requirements. Should the Local Government consider conveying the property, the State and FHWA must be notified prior to the sale, AFA—LPAFA_TE Page 6 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction detailing any required recapture must be obtained from FHWA prior to the transaction. Advance notice from the Local Government of their intended action must be submitted to the State for an FHWA review a minimum of sixty (60) days prior to any action being taken by the Local Government. The Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from the Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. B. Any manufacturer warranties extended to the Local Government as a result of the Project shall remain in the name of the Local Government. The State shall not be responsible for honoring any warranties under this LPAFA. C. Should the Local Government derive any income from the development and operation of the Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property, shall be set aside for future maintenance. A project income report shall be submitted to the State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures established under OMB-133 and with the property management standards established in Title 49 CFR §18.32. D. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of the Project. 11. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C, showing the total estimated development cost of the Project. This estimate shows the itemized cost of real property, utilities, environmental assessments and remediation, construction, and any other substantial items of cost. To be eligible for reimbursement, costs must have been included in the itemized budget section of the nomination form approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this LPAFA for which reimbursement will be provided by or through the State, the Local Government must complete training in Local Government Procedures Qualification for the Texas Department of Transportation before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall AFA—LPAFA_TE Page 7 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the budget provided in the project nomination form is included as Attachment C. Attachment C shows the percentage and estimated dollar amounts to be contributed to the Project by state and local sources, as well as the maximum amount in federal Transportation Enhancement Funds assigned by the Commission to the project. The parties agree that this agreement may be amended from time to time as required to meet the funding commitments based on revisions to the Transportation Improvement Program, FPAA, or other federal document. D. The Local Government will be responsible for all non-federal participation costs associated with the Project, including any overruns in excess of the Project cost estimate and any operating or maintenance expenses. E. The State will be responsible for securing the federal share of funding required for the development and construction of the Project, in an amount not to exceed eighty percent (80%) of the actual cost of the work up to the amount of funds approved for the Project by the Texas Transportation Commission. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to Project selection by the Texas Transportation Commission and approval by the State to proceed are not eligible for reimbursement. F. Following execution of this LPAFA, but prior to the performance of any review work by the State, the Local Government will pay to the State the amount sufficient to cover the estimated cost for the State's review. The Local Government shall advance to the State twenty percent (20%) of the State's administrative and associated cost for review of the plans, specifications, and estimate. The Local Government must also advance to the State zero percent (0%) of the Project's estimated preliminary engineering cost, if the State is administering the architectural or engineering contract. The estimated amount of this advance for this Project's preliminary engineering is $ 975.00, in cash. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government must advance to the State twenty percent (20%) of the State's administrative and associated costs for letting and construction. The Local Government shall also remit its remaining financial share for the Project's estimated construction and construction engineering costs if the State is letting the project. The amount to be advanced for this Project's Construction is estimated to be $ $3,899, in cash. G. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government is responsible for twenty percent (20%) of the authorized Project cost and one hundred percent (100%) of any overruns above the federally authorized amount. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this LPAFA, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an AFA—LPAFA_TE Page 8 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. I. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. J. In the event the Project is not completed, the State may seek reimbursement from the Local Government of the expended federal funds. The Local Government will remit the required funds to the State within sixty (60) days from receipt of the State's notification. K. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal Regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. L. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this LPAFA or indirectly through a contract or subcontract under this LPAFA. Acceptance of funds directly under this LPAFA or indirectly through a contract or subcontract under this LPAFA acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. M. The State will not pay interest on any funds provided by the Local Government. N. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this LPAFA. O. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 12. Inspection of Books and Records The parties to this LPAFA shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this LPAFA and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly AFA—LPAFA_TE Page 9 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development authorized representatives for review and inspection at its office during the agreement period and for four (4) years from the date of completion of work defined under this LPAFA or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this LPAFA for the purpose of making audits, examinations, excerpts, and transcriptions. 13. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 14. Lobbying Certification The parties to this LPAFA reaffirm that no federal funds were used to lobby for Project funds, but that if any lobbying occurred, it has been reported to the State, pursuant to the requirements of the Master Agreement. 15. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar format. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in which the activity will be completed in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 16. Incorporation The Master Agreement is incorporated into this LPAFA as if fully set forth in this LPAFA. 17. Insurance If this LPAFA authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 18. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance AFA—LPAFA_TE Page 10 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development Programs under Executive Order 12549, "Debarment and Suspension." By executing this LPAFA, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this LPAFA shall require any party to a contract, subcontract, or purchase order awarded under this LPAFA to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 19. Civil Rights Compliance The Local Government shall comply with the regulations of the U.S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 20. Disadvantaged Business Enterprise Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address h_ttp://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this LPAFA. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this LPAFA. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The AFA—LPAFA_TE Page 11 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and h_ttp://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web-site whose address is: .https://www.sam.gov/portal/public/SAM/; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on- line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11 th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.htm1. C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the LPAFA, unless otherwise AFA—LPAFA_TE Page 12 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Janice Mullenix Director of Contract Services Texas Department of Transportation Date AFA—LPAFA_TE Page 13 of 13 Rev. 09/04/2013 CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA CITY OF CORPUS CHRISTI CERTIFICATION OF PUBLIC RECORD THE STATE OF TEXAS§ COUNTY OF NUECES § 1, the undersigned, City Secretary of the City of Corpus Christi,Texas„ so certify that the following is a true and correct copy of Resolution No. 023722 passed and approved by Corpus Christi City Council on January 22, 2013. as same appears in the Official Records of the City of Corpus Christi,Texas,of which the City Secretary=s Office is the lawful custodian. W1TNESSE"1H MY HAND and the Official Seal of the City of Corpus Christi, Texas,this 30th day of January,2013. Armando Chapa City Secretary Corpus Christi,Texas (S E A L) Cirr of Csus Christi Armando Ch"pa,City 5,mretaq r.o.13-9277 Corpus chriad.Texas'7$469-9277 (561p 826-3105 afmand oci�cctexaoa.cwn AFA—LPAFA_TE Page 1 of 5 Attachment A CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development Resolution authorizing the City Manager,or designee, to submit a Nomination Form to the Texas Department of Transportation to apply for a grant under the Transportation Enhancement Prognam in the amount of$1411,443 for Holly Road Landscape improvements from State Highway (SH) 288 to Greenwood Drive (18ond 2012) Project,with intent to commit funds for a city match of Wv3&1 for a total construction cost of$186,8014. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1.The City Manager,or designee,is authorized to submit a Nomination Form to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 far the dolly Road Landscape improvements from State Highway(SH)286 to Greenwood Drive(Bond 2012)Project,with intent to commit applicable matching funds in the amount of$37;361. The total construction cost is$186,804. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to administer,apply for,accept,reject,alter,ortemninate the grant. SECTION 3.The City of Corpus Christi supports the funding for the project. SECTION 4. The City of Carpus Christi commits to the project's development, implementation,construction, maintenance,management and financing,subject to any necessary appropriation of funds. SECTION 5.The Resolution shall take effect and be in full force immediately after Its adoption by the City council.. ATTEST T E CI CORPUS CHRISTI Arman � N o C.hapa Nelda Martinez City secretary Mayor AFA—LPAFA_TE Page 2 of 5 Attachment A CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development Corpus Chtipd,Texas � of The above iresoZtep�ppo,,ad ingl mate: Nelda Martinez Kelley{#Hein Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre O Lillian Rigjas Mark Scott 09722 .r'I MWAA bd#Akv i�IMI9 N1LLT RS7pS7lAtA`r$ lYJ6/Afi60LUdIQN-HCILLM�f,LYp Llta 8CAP1193,ASY.3G AFA—LPAFA_TE Page 3 of 5 Attachment A CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development CITY OF CORPUS CHRISTI' CERTIFICATION OF FUNDS. (CNy'Charter Article IV,Sections 7&8) I,the Director of Financial SeMoes of the city of Corpus Christi,Texas(or hisllter duty authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract,agreement,obligation or expenditure described below is in the Treasury to the credit of the Fund specified below,from which It is to be drawn,and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. Action Agenda Item.Council Meeting Date:JanuarY�13 Agenda Caption: (Resolution authorizing the City Manager, or designee,to submit a Nomination Form to the Texas Department of Transportation to apply for a grant under the Transportation Enhancement Program in the amount of$149,443 for idly Road Landscape Improvements from, State(Highway(SH)286 to Greenwood Drive Project,with intent to commit funds for a city match of $37,361 for a total construction cost of$180,804(Bond 2012). Amount Required;$37,361 Account Fund - Contract. Certify Balance to Fund Name No. No. l7rg.No. Project No. Amount Amount Re-Cortify Street CIP Fund 550910 3549. 04000 170132 $37 361.00 3$..7,3$1,00 $0.00 Total - $37 351.00 137 361.00'..... $0.00 Ll Re-Certification Required Director of FinancialSerwloes Date: d1AF®191AP4FV Y3y1MMi dd'&%1.Y iBC;4p LU#L1SCp.PdN6�OF-MOLAY RflApyplYJ@V;.ArM�$'a.'.[q(`,t ++ AFA—LPAFA_TE Page 4 of 5 Attachment A CSJ#916-35-174 Fed.#STP2014(132)TE District# 16 Corpus Code Chart 64#09800 Project: Holly Rd Landscaping Project Federal Highway Administration CFDA#20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP NW D I I III I I I I I I I' VICTOR LARA ORTEGON ST I I li I I O I I I I MARTIN ST FUTURE STREET EXTENSION TOWN i II I e I I I I I = I EXPRE�WAY Lo X HOLLY ROAD FROM SPATE HIGHWAY 286 CITY OF Ix n TO GREENWOOD DRIVE CORPUS CHRISTI to k Ix RAISED MEDIAN LAYOUT TEXAS Department oI Engineenig Ser✓¢es AFA—LPAFA_TE Page 5 of 5 Attachment A U o � o cz M _ iw •'3 �D CC 0 0 p O O O N 4? N 7 N N N U y y v >~ cn W Z a c W }, LL N U LL O ° w to cc pN W a s� Q, r r w V eC [� v o O C) o C/) nn�4 •-o o -� �' � H D � ec o c � � N cC O Z Z p V y ti M N 00 W � � WQ Q CQ � '� oM 00 LU U � �, � o = Q ;.o = as ° 0 0 0 � M ° 5 a� to cz *k Cl) w A A ON o U H w U W y � •�.-O r..� C) Q U w U C cn x o O DC O O O O c...i iw G&o V O O O O p 00 F DO DO loo loo O w ". N CC c a W O O O M ;. M M O n O O O M O C71 00 cn v U � E•i �' � b v� G � � � � Q � C�/1 O E U •� m O v7 U - N '7 U O .0 Q N a v v Q W O C U 2y m Q Q a bp r. = ° o F = E� � s, o ° o o p v� 0 O O - " r 6 O d Q � � � � O Q E� a E� °� E� E� U (� U °� 0 v� E� U U cz ZZ U W Q O � O Q o � a F" z v� U vi C�z Con v w N p O u N \O Si N O M p bA cz cj ti v UQUawUZ M� -o � o a O LJJ H Ln N ~ W = = LL � } Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for approximately 3,800 linear feet of median landscaping on Holly Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012) with the City's participation in the amount of$37,361. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for approximately 3,800 linear feet of median landscaping on Holly Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012) with the City's participation in the amount of $37,361. SECTION 2. The City of Corpus Christi supports the funding for the project. SECTION 3. The City of Corpus Christi commits to the project's development, implementation, construction, maintenance, management and financing, subject to any necessary appropriation of funds. SECTION 4. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor K:\ENGINEERING DATAEXCHANGE\VELMAP\TXDOT\HOLLY ROAD FROM SH 286 TO GREENWOOD\2014-03-25 ADVANCE FUNDING AGREEMENT\RESOLUTION- HOLLY ROAD FROM SH 286 TO GREENWOOD DRIVE.DOCX Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott K:\ENGINEERING DATAEXCHANGE\VELMAP\TXDOT\HOLLY ROAD FROM SH 286 TO GREENWOOD\2014-03-25 ADVANCE FUNDING AGREEMENT\RESOLUTION- HOLLY ROAD FROM SH 286 TO GREENWOOD DRIVE.DOCX q ,� � "� �r �w.�� I 'SYIf "'l✓Vv I r / //, 4fdwll I 1/ill/ j lb 9'� "'�✓/i� I r, n r %� � /��� �, �..,JV�✓ rm,f r%/d if Ir _ �I�I N r ^ r b w r o f �i/�`dry *ami i f0 0 V i I ..III �N I � I I I Iff CT LOC r4' LOCATION MAP PROJECT #6408 NOT TO SCAUE ..... .....m......_____.... Holly,Road Landscaping in CITY COUiNCIU EXH1131 Improvement Project from CITY OF CORPUS CHRIST], TEXAS SOH 28:16 to Greenwood Drive a DEPAR MENT OF ENGINEERING SERVICES PAGE 1 F I RLn LI-L *1 Ln 0- r c754 N o AN u 00 o ;..4 w 00 o a� o U u ao � N c� O x O un RU O Ln CL o u. 4tp 9i I(4,'bo � w rV x fP � N e V V , C U -coo E C fe yam, 4V d w unr ii1 ReW +� E JdV - Je 9 e=l u C uer 3e(3 L"a noN mo.w "l00 L— daS o 6ny U Inr unr ReW AV Jew qaj uer noN -0 l30 m dag 6n,, STf Inr unr W ReW ,tL........ JEW r 9a=l noN l00 25.; daS d 6ny inr unr AV 4-j V -d--� ,e=l -1 V uer O ue[` 4� noN O Po de dag 6ny Inf unr AV II Jew qaj uer AON O noN Po 1� dag V 6ny Inf unr a ReW AV -j v t JeW ,a qaj J i uer w AON O '• � ,,-� noN _ de r l Po dag v 6ny O O 00 0 0 0 0 0 0 0 0 0 0 O O O I- N O O m m E O O o O O m O O ti O ti O M O O O O M O L O O N RU O O N I� LO O Cfl c! lqO m O O o O O lq0 0 0 w O O LO C7 � O LO CD N 0 q O 00 LO O O LO N O LO — O 00 LO O 00 Iq O O — W N a O O O C7 L Ln C7 Cfl 00 N T v--- ti C7 O O 00 M 'q 00 'q C) C7 C) O O O N N C) I- N 00 00 O O LO CD O L LO O O (D Iq C) M (fl � N LO CO Iq M N N o V to!). tq d4 64 CO . 0 . .-j cy) o o b,O Q N N -o 1l X00 CYl cu cu 4-j (? a a V cu cu w •� v Q Q Z O o o Q ^ w a' E H o o o L w o U 0 0 0 a� (1) .� � � E u � w W ai 2 2 2 a a� n LU � � U LU 4-000 U U 0- WJ .� � n LU 00lz� lz� a� �- E E EU : UU : a 0 nw c - tl L C_ Q Q 0- : : N ( c� W H 0 0 0 N W 0 u Q a� a� a� o a a c� c� ca W w v � H cn000 � � UU � � � aC� � cn 0 � QDJ • � a a aa � U2 � �_ � nn n Q — co co co L �• Z3 (n � cn Z3 H Z cn O c c c s E H H IL CO LL CO > LL > LL CD w Ii 0 CD U U U H w Ga Jffi AGENDA MEMORANDUM CORPORR1 0 Future Agenda Item for the City Council Meeting of April 22, 2014 x851 Action Agenda Item for the City Council Meeting of April 29, 2014 DATE: April 11, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com (361) 826-3897 THRU: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 FROM: Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com (361) 826-3464 Amendment No. 1 to Architectural Design Contract Aquatic Facility Upgrades and Improvements CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Turner Ramirez Associates, Inc. from Corpus Christi, Texas in the amount of $280,050, for a total re-stated fee of $329,550, for Aquatic Facility Upgrades and Improvements for the design, bid, and construction phase services. BOND 2012. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to an Architectural Design Contract with Turner Ramirez Associates, Inc. for Aquatic Facility Upgrades and Improvements so design work may begin. BACKGROUND AND FINDINGS: Improvements to aquatic facilities are listed in the top three priorities for development in the City of Corpus Christi Parks, Recreation and Open Space Master Plan. The objective of this bond project is to provide facility improvements to improve facility maintenance efficiencies, maximize pool capacity, and improve facility operations. Improvements at two aquatic facilities will be included with this item. Collier Pool is one of the most utilized public facilities in the park system. Dedicated lap swimmers, open swim participants, learn to swim participants and neighborhood groups patron the pool on a regular basis. The objective of this bond project is to provide updates to the facilities to maximize the pool's capacity as well as the city resources used to keep it operational on a year round basis. The facilities improvements may include but are not limited to; construction of splash pads, wading and zero depth entry pools, extension of lap lanes and other various swimmer amenities. West Guth Pool is one of the most popular places for residents in the Northwest to congregate on a hot summer day according to a capacity survey conducted by Halff & Associates. The facilities updates may include but are not limited to; construction of splash pads, wading and zero depth entry, renovation of existing restroom facilities, addition of shade structures and other various swimmer amenities. The original contract amount of $49,500.00 was for the schematic phase of this project. Amendment No. 1 will authorize the architect to begin the design, bid and construction administration phase services of this project. ALTERNATIVES: 1. Authorize execution of Amendment No. 1. (Recommended) 2. Do not authorize execution of Amendment No. 1. OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 Parks and Recreation Improvements. Turner Ramirez Associates, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. Turner Ramirez Associates, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Architectural Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Prior Budgeted Current Year Future Years TOTALS 2013-2014 Funds Line Item Budget $875,000.00 $875,000.00 $1,750,000.00 $3,500,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $280,050.00 0 $280,050.00 Future Anticipated Expenditures $875,000.00 $526,900.00 $1,750,000.00 $3,151,900.00 BALANCE $0.00 $68,050.00 $0.00 $68,050.00 Fund(s): Parks and Recreation Bond Issue 2012. COMMENTS: Not applicable. RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 to the Architectural Design Contract with Turner Ramirez Associates, Inc. so design may be completed by the end of December 2014. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Presentation PROJECT BUDGET Aquatic Facility Upgrades and Improvements BOND 2012 FUNDS AVAILABLE: Parks and Recreation Bond 2012 CIP...................................................................... $3,500,000.00 TOTAL.............................................................................................................. $3,500,000.00 FUNDS REQUIRED: Construction (with 10% contingency) (preliminary estimate).......................................... $2,800,000.00 Design Fees & Inspection Fees: Design Architect (Turner Ramirez, LLC.).................................................................. 49,500.00 Design Architect (Turner Ramirez, LLC.) Amendment No. 1..................................... 280,050.00 Geotechnical & Materials Testing (Estimate)............................................................. 56,000.00 Construction Inspection Services (Estimate).............................................................. 98,000.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance)............................... 49,000.00 Engineering Services (Project Mgt/Constr Mgt).......................................................... 91,000.00 Misc. (Printing, Advertising, etc.)............................................................................. 8,400.00 TOTAL.............................................................................................................. $3,431,950.00 ESTIMATED PROJECT BUDGET BALANCE........................................................... $68,050.00 AMENDMENT No. 1 to the CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Turner, Ramirez & Associates Inc. of Corpus Christi Texas a Texas corporation, 5525 S. Staples, Suite A-7, Corpus Christi, Nueces County, Texas 78411, (Architect/Engineer —AIE), hereby agree as follows: 1. SCOPE OF PROJECT AQUATIC FACILITY UPGRADES AND IMPROVEMENTS — COLLIER POOL (Project No. E14008) — WEST GUTH POOL (Project No. E14007) BOND ISSUE 2012 — Improvements to aquatic facilities are Iisted in the top three priorities for development in the City of Corpus Christi Parks, Recreation and Open Space Master Plan. Collier Pool is one of the most utilized public facilities in the park system. Dedicated lap swimmers, open swim participants, learn to swim participants and neighborhood groups patron the pool on a regular basis. The objective of this bond project is to provide updates to the facilities to maximize the pool's capacity as well as the city resources used to keep it operational on a year round basis. The facilities updates may include but are not limited to; construction of splash pads, wading and zero depth entry pools, extension of lap lanes and other various swimmer amenities. West Guth Pool is one of the most popular places for residents in the Northwest to congregate on a hot summer day according to a capacity survey conducted by Halff & Associates. The objective of this bond project is to provide updates to the facilities to maximize the pool's capacity as well as the city resources used to keep it operational during its operating months. The facilities updates may include but are not limited to; construction of splash pads, wading and zero depth entry, renovation of existing restroom facilities, addition of shade structures and other various swimmer amenities. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, AIE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. Contract for Engineering(PJE)Services Page 1 of KkEngineering DolsExrhangelCladssaJ%Pa 1E1211T a Aquatic Facility Upgrades and ImprovementATumer Ramirez-Amendment No 1l reamer Rnrnirex.Amendment No 1d AIE services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the AIE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the AIE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. AIE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The SUMMARY OF FEES shall be modified by the attached Summary of Fees as shown in the attached Exhibit A for an additional fee not to exceed $280,050.00 (in figures), Two Hundred eighty Thousand Fifty Dollars and Zero Cents (in words) for a total restated fee not to exceed X329,550.00 (in figures) Three Hundred Twenty Nine Thousand Five Hundred Fifty Dollars and Zero Cents (in words). Monthly invoice will be submitted in accordance with Exhibit"C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. Contract for Engineering( )Services Page 2 f9 MEnginaefing DateEa manga%Ctariss %E12117-Aquatic Facifsty Upgrades and Irnprovemarnd'urnar Rateiroz-Amendment No.ItTumer Ramirez-Amandment No does 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The AIE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the AIE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the AIE fee may be assigned in advance of receipt by the AIE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the AIE without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering( )Services Page 3 f5 K-Engineenng ataExch ge4C$ariss 1 12117•,Aquelic Fodlity Upgrades and OnprovemanUATumar R&mVez.Amandmoffl No,9i ufner Ramv endment No I.docx CITY OF CORPUS CHRISTI TURNER RAMIREZ ARCHITECTS & PLANNERS Natasha Fudge, P.E. Philip Joifn Kamirez, AIA, Date Acting Director, Capital Programs Principal/President 5525 S. Staples St., Suite A-7 Corpus Christi, TX 78411 (361) 994-8900 Office (361) 994-8955 Fax RECOMMENDED yX• 4 WK60101orris t Date Director of Parks and Recreation APPROVED AS TO FORM 44 111/ I Office of Management ate and Budget ATTEST Rebecca Huerta, City Secretary Contract for Engineering(AIE)Services Page 4 of 5 K1Enpinea ring®ateExchanp%CtarissaJ%Parks1E12117-Aquatic Facility Upgrades and ImprovementATumer Ramirez-Amendment No 11Tumer Ramirez-Amendment No I docx A uatic Facilities Upgrades and Improvements Bond 2012 De artment Fund Source No. Amount Parks and Recreation — 550950-3293-00000-E14008 $161,550.00 Collier Parks and Recreation — 550950-3293®00000-E14007 $118,500.00 West Guth Total $280,050.00 Encumbrance No. ,-L I E -4,OD R. i14 Contract for Engineering(A!E)Services Page 5of5 KhEngineering Dal aExchange%ClarissaJ%Parks%E12117-Aquatic Facility Upgrades and ImprovementATurner Ramirez-Amendment No 11Tumer Ramirez-Amendment No 1 doox EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS AMENDMENT NO. 1 AQUATIC FACILITY UPGRADES AND IMPROVEMENTS — COLLIER POOL (Project No. E14008)—WEST GUTH POOL (Project No. E14007) BOND ISSUE 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer--A/E (also referred to as Consultant) will: a) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. (Already Completed in Original Contract) b) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. C) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. (Already Completed in Original Contract) d) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. (Already Completed in Original Contract) e) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. (Already Completed in Original Contract) f) Prepare preliminary opinions of probable construction costs for the recommended improvements. g) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. (Already Completed in Original Contract) h) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit. i) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. (Already Completed in Original Contract) D Identify and recommend public outreach and community stakeholder requirements. k) Prepare an Engineering Letter Report (20 — 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: EXHIBIT"A" Page 1 of 9 Revised November 13,2012 K%Fingineehng DWaEachang9%C1an%sa afta r=12117-Aquo6c Facility Upgrades and 9mproyemenlffu mer Ramirez-Amandmen!No 1{Exhib4 A..Propa$4l does I. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. 1) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. m) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. n) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. o) Assist City in presenting summary of ELR findings to City-appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase„ Prepare Powerpoint presentation,, handouts and exhibits for meeting. Provide follow-up and response to comments, City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction,. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department,. e) Applicable Master Plans and GIS mapping are available on the City's website, f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use distribution of the records provided under this contract is strictly prohibited. 2, Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will; EXHIBIT"All Page 2 of 9 Revised November 13,2012 Kt_ngineenng DataFxe ngelCiansa pe 'Ee1211'?-Aquatic Facitity Upgrades and lmprovementifiTumerRamimz,Amenftent No.1%Exhibil A.,Propose,dQcx a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 22"x 34" plan sheets that can be reduced to 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and half-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre-final plans and bid documents (90% submittal - electronic and half-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and half-size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and half-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. EXHIBIT"A" Page 3 of 9 Revised November 13,2012 K%Engineering RataEaehangelClarissa AParkslE12117-Aqualic Facility Upgrades and ImprovomenIATurner Raminaz-Amendment No 11Exhibit A Proposal.docx k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required and within the scope of Consultant's duties under this contract if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards. l) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The AIE will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. EXHIBIT"A" Page 4 of 9 Revised November 13,2012 KTnginaadanp get$Exchengo%COarisee %El2117-Aqunk Fatality Upgmd®s and Wprovementffurner Rear az-Amendment No,I%Exhibit A„Propow duct' C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The AIE will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. AIE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The AIE shall, with written authorization by the Director of Engineering Services, perform the following:: EXHIBIT"A" Page 5 of 9 Revised November 13,2012 tcWinpinosAnp DognExd,ange%COa smaJS ParOL%%E1Z117•Aquatic Foriky Upgrades wW ImprovemenkskTurner Ramirez- endment No IlExhibil A-Proposel.docc 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The AIE will prepare this documentation for all required signatures. The AIE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USAGE) k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) M. Texas General Land Office (TGLO) n. Other agency project-specific permits 2. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyor' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontallvertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map EXHIBIT"A" Page 6 of 9 Revised November 13,2012 KkErginaerinp DalaExrhange%ClarissaJ%Parks1E12117-Aquatic Facility Upgrades and ImprovemantATurner Ramirez Amendmeni Na 11Exhibi1 A-P sW.d will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Utility Investigation i) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. ii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iii) Wastewater—Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. iv) Water —Water facilities within the project limits will be located to Quality Level C.. V) Gas —Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. vi) Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. EXHIBIT"All Page 7 of 9 Revised November 13„2012 K)J" ng;needng DalaExrhenge lClarissaJ%ParW1E1211 T-Aquatic Facil ky Upgrades and lmprovemenoffuurnar Flatnirez Amur mwl No 11Exhibd A Proposal docx 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". III. SCHEDULE A. Collier Pool (Project# E14008) Date Al.... t .........__._........a.. .._ ...................................................................... _.......aa_. _...__..........__.............................____.,..................... mm mmmm� .......... _A pril.. 22 2014 NTP .__ ........__........................................ .....�.....�.. .......................................... ............ ,,,,, _ mm................. ............................... ..April 24 2014 Draft ELR submittal Revised to include New Pool 9 lion May 16, 2014 City Review 3 Weeks _.......Y ._.... ... A.. ................. ..... ............. . ...... ............,,,,,,..................... ......... ..................................................................................................................................................................................... Ma 30, 2014 Final-ELR submittal 2 Weeks _mm ,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,mm............................................................... �...,.......,,...........�....,,,,,. ...,,,,,,,._ ,��..,,.. ...,,,,-.,�.,�..,,,,,,,....................... .m.....mm. �.. .................................................... Au ust 29, 2014 60% Des' n Submittal 13 Weeks -..�....,,......�...mm.,................................................................... ............. ..-........ .... .,,.,._. .�.,. mm .......,..-.-.. ..mm. ..m, �. ............ �.................�............................................................ uSe tember ...........2 014 Cit Review 3 Wee ks December 12 2014 Final. l ® nal Submittal 12 Weeks January 2 2015 Cit Review 3 Weeks _.................�!_............_.__........................................................ Y_........_............_w_w...�..._ ....__.....�.........._......................... ��w ....w............................................................................ Februa 1Y2, 2015 Advertise for Bids __._._._.w. ..... ..w............_.............__................mm........ ..........._. .._.�....... _ mmm, mm �„ ............................................................................................................................................................................. February 10, 2015 Pre-Bid Conference .......�........................�_..__..�.....__..-..................................... � � mm....._........M.. mm.,,,, February 18, 2015 Receive Bids _.__. _....._.......__...........................................____..... __......_....._.......�.._.........w................................ .....____.._............__...,..,. � �...................................................................................................................................... .April 21, 2015 Contract Award '. 1. ......................._._._....................................................................... w_......_....._...�._............_........................ . ......__......__.................�............ ...... �........................................................................................................... Ma 18 2015 Be m Construction V May, 2016 Com fete Construction EXHIBIT"A" Page 8 of 9 Revised November 13,2012 MEngineering 0s1aExchaM*%C1wM&APwksTE121 1'7-Aquaatk.Faacillly Upgmdes and hprovemenlff er Ramirez a Amendment NO 14Exhiblt A-Proposal.doex B. West Guth Pool (Project# El 4007) .......................................................... DateActivi ............................................................................................................................................................................................................................................................................................... A aril 22„ 2014 NTP April„24 2014....................................�. Draft ELR submittal (Revised to include New Pool 0 tion" May 16„ 2014 Cib Review P3 Weeks'" Mai 30µ 2014 Final ELR submittal 2 Weeks Au,,,ust 29H 2014 60% Desi n Submittal X12 Weeks September 19, 2014 Cit Review �3 Weeks' December 12, 2014 100%o Final Submittal 02 Weeks'` Janua 2, 2015 Cat Review (3 Weeks TBD Advertise for Bids TBD Pre-Bid Conference TBD Receive Bids TBD Contract Award TBD Be in Construction ............ ....................................................................................................................................- TBD Cam lete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above; and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing.. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below, EXHIBIT" " Page 9 of 9 Revised November 13,2012 KTnginearing DaloExchanpelClarissaMa*s1E12117-Aquatic Facility Upgrades and ImprovementskTumer Ramirez-Amendment No.11Exhibd A-Proposal.daca EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit"A". Exhibit"A-1"Task List does not supersede Exhibit"A.") CITY OF CORPUS CHRISTI, TEXAS AMENDMENT NO. 1 AQUATIC FACILITY UPGRADES AND IMPROVEMENTS — COLLIER POOL (Project No. E14008) —WEST GUTH POOL (Project No. El 4007) BOND ISSUE 2012 The scope and fee presented herein, and on Exhibit"A" are based on the following: Project Budgets: $3,500,000.00 Estimated Construction Budgets: $2,800,000 Basic Services: 1) The Collier Pool project limits include Collier Pool and limited portions of Collier Park located at 3801 Harris Drive Boulevard, Northwest of Weber Road and Southwest of South Staples Street. The West Guth Pool project limits include West Guth Pool and limited portions of West Guth Park located at 9705 Up River Road, Northeast of Leopard Street and West of Rand Morgan Road. 2) Contact Texas Excavation Safety System, Inc. (Texas811) to locate existing private and/or City utilities in the field, and coordinate with appropriate City operating department. 3) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of new work along with the applicable parameters required to complete the Engineering Letter Report and Construction Drawings 4) Attend and participate in project kickoff and planning meetings (2 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the Draft Engineering Letter Report including all pertinent information as described in Exhibit "A". Included in the ELR will be a discussion on the viability of forgoing the improvements indicated in the original scope of work and proceeding with complete demolition and new construction of the pool facilities. 7) Review with City staff, revise, and furnish one (1) hard copy and one (1) electronic copy of the Final Engineering Letter Report, and obtain approval to proceed to Design Phase. EXHIBIT"A-1" Page 1 of 6 Revised April 2010 klEnginearing OataExchangelCMssa JtPorkslE12117-Aquatic Facility Upgrades and ImprovementslTumer Ramirez Amendment No 11Exhibit A-1 Task List.docx ') Participate with staff at two (2) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. g) Develop construction drawings in English units in 22" x 34" sheets, including but not limited to, the following (as required for this project): • Title Sheet/Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Plan • Existing Utility Basemaps (Water, Wastewater, Storm Water and Gas) • Existing Topographic Survey Sheet(s) • General Grading Plan • Fencing Plan and Details • Parking Lot Site Plan • Sidewalk Details • Curb Ramp Details • Pavement Marking and Signage Plan • Pavement Marking Details • Waterline Tie-in Sections • Landscaping Plan • Landscaping Details • Irrigation Plan • Irrigation Details • Site Electrical / Lighting Plan • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Details • Storm Water Quality Management Plan • Miscellaneous Details • City of Corpus Christi ADA Standards • Pool Dimension Plan • Pool House / Pump Room Dimension Floor Plan • Pool Reference Plan • Pool House / Pump Room Reference Floor Plan • Enlarged Restroom, Shower Plans • Pool House / Pump Room Reflected Ceiling Plan • Pool House / Pump Room Exterior Elevations (All 4 Sides) • Pool Sections (Transverse & Longitudinal) • Building Sections (Transverse & Longitudinal) • Pool Wall Sections (@ All Unique Conditions) • Pool House / Pump Room Wall Sections (@ All Unique Conditions) • Wall Types • Plan & Section Details �mIBMIB T-AA-7 Page 2 of 6 Revised AAril 2010 Yb° ineariea NraVaa�.char ua% VaNssa.A ParkME1211'7 Y Pg ,,,,,,,,,,T,,,,,,,,,,,,L'I",, � � Agan�Gic Gr�ra0ik Upgrades�arx9 G� cavra�rrsaaeaR�t"Gva�m�r G��rrsirrsx^�drs¢asadm�rv9 Nra.1 tZYaikaVt A-1"G���6.4�d.daa • Window & Door Details • Door Types & Schedule • Window Types & Schedule • Pool House / Pump Room Roof Plan • Finish Schedules • Interior Elevations & Millwork Details • Pool House / Pump Room Furniture Plan • Pool Structural Plan • Pool House / Pump Room Foundation Plan • Pool House / Pump Room Structural Framing Plan • Pool House 1 Pump Room Roof Framing Plan • Pool Foundation Details • Pool House / Pump Room Foundation Details • Structural Framing Details • Pool House / Pump Room HVAC Plans • HVAC Details • Pool Piping / Plumbing Plan • Pool House / Pump Room Plumbing Plan • Enlarged Pump Room Plumbing / Equipment Plan • Plumbing Riser Diagram / Details • Pool Electrical Power Plan • Pool House / Pump Room Electrical Power Plan • Pool Electrical Lighting Plan • Pool House / Pump Room Electrical Lighting Plan • Electrical One Line Diagram / Details • Pool House / Pump Room Telecommunications Plan (Performance Design) • Pool House / Pump Room Special Systems Plan 10) Prepare opinion of probable construction costs including contingency amounts. 11) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Invitation to Bid • Instructions to Bidders • Bid Form • Bid Form Exhibit A • Compliance to State Law on Nonresident Bidders • Conflict of Interest Questionnaire • Disclosure of Interest • Non-Collusion Certification • Statement of Experience EXHIBIT"A-1" Page 3 of 6 Revised A ril 2010 KtEngineenng DataExchange%ClanssaJ%ParkVE121'"97-AquaticFaptity'Upprados and tmprovementdkTumer Ramitez,Amendment No.1%Exhibit A-1 Task Ust_docx • Agreement • Performance Bond • Payment Bond • General Conditions • Insurance Requirements • Wage Rate Requirements • Minority/ MBE Participation Policy • Supplementary Conditions • General Requirements • Part S— Standard Specifications • Part T—Technical Specifications (if required) • Geotechnical Report (by others) 12) Provide Quality Control/Quality Assurance (QCIQA) interim review and prepare submittal for City's review depicting pre-final development of the contract drawings and specifications. 13) Address comments received from the City for the pre-final submittal. 14) Provide Quality Control/Quality Assurance (QC/QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 15) Update the opinion of probable construction costs. 16) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 17) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 18) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 19) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5t" of each month. 20) A/E will coordinate with City and AEP for lighting conduit locations and pole relocations. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all EXHIBIT r'A-1" Page 4 of 6 Revised A 61 2010 K1Engineering DolaExchangelClari33aAPark31E12l l7-Aquatic Faeilily Upgrades and ImprovemenIATumer Ramirez,Aafiornthwirent No 11Exhibit A-1 Tesk Ust.docx engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities required to complete the project. RIGHT OF WAY ACQUISITION None anticipated. TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre-plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by traverse. 6) Perform topographic survey within project limits to be improved. 7) Locate and tie-in tract boundaries. 8) Locate and tie-in known utilities and structures. 9) Download raw survey field data, copy field notes, reduce data and check results. 10) Prepare AutoCAD drawing of topographic survey. ENVIRONMENTAL ISSUES 1) None anticipated. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. Two (2) meetings are anticipated per project. 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. EXHIBI:5of A-1" Page 6 Revised il 2010 K1Enpineerinq OataExchanpelClarissa AParks1E12117-Aquatic FocVmy Upyrado and YmpMvemenl Turner Ramirez-Amendment No 11Eshihit A-1 Task Ust.docx SUBSURFACE UTILITY INVESTIGATION Upon receiving authorization from the City to proceed, provide Subsurface Utility locations at sufficient locations to identify underground utilities. Investigations shall be in accordance with Section 8 under Additional Services in Exhibit "A". CONSTRUCTION OBSERVATION SERVICES Scope and fee to be determined. START-UP SERVICES Scope and fee to be determined. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXCLUSIONS Specifically Excluded from Scope and Budget (to be investigated during the Preliminary Engineering Phase to possibly be included in the Final Design) The following tasks and project elements are currently not included in the project scope of work, project budget, and MGM's engineering fees: 1) Offsite storm water, wastewater, and waterline improvements. d P Revised MEngnsering DalitExchargeVarissoMaritskEl 2117�Aquatic Facility Upgrades and ImprovementskTurner Ram1raz Amendment No InExh6bit A-1 Task List Aquatic FaclIlty Upgrades and Improvements Project No.E14008&E14007 BOND ISSUE 2012 SUMMARY OF FEES Original Contract Amendment No. I Collier West Guth Collier West Guth Total Basic Services Fees 1 Prelimina Phase $31,500-00 $18,000.00 $49,500.00 2a 60%Design Phase 0.00 0.00 47,750.00 33,750.00 $81,500.00 2b 100% Design Phase 0.00 0.00 47,750.00 33,750.00 $81,500.00 3 Bid Phase 0.00 0.00 3,000,00 2,000.00 $5,000.00 4 :Construction Administration 0.00 0.00 20,000,00 15,000.00 $35,000,00 JPhase Subtotal Basic Services Fees 31.500.00 18,000.00 118,500.00 84,500.00 252,500.00 Additional Services Fees Allowance I Pernit Preparation 0.00 0.00 TBD TBD 0.00 2 ROW Aqquisition Survey 0.00 0.00 None None 0.00 3 Topographic Survey and 0.00 0.00 7,500.00 6,000.00 12,500.00 Parcel Descriptions 4 Environmental Issues 0.00 0.00 None None 0.00 5 New Pool Option 21.050.00 17.000.00 38,050.00 6 Public Involvement 0.00 0.00 4,500.00 4,500.00 9,000.00 7 Subsurface Utility 0.00 0.00 7.500.00 5,000.00 12,500.00 Investigation 8 Construction Observation 0.00 0.00 TBD TBD 0.00 IServices 9 IStart-up Services 0.00 0.00 2,500.00 2,500.00 5,000.001 10 lWarrant y Phase 0.00 0.00 0.00 0.00 0= Subtotal Additional Services Fees 0.00 0.00 43,050.00 34,000.00 77,050D0 17T I I ITotal Authorized Fee 31,500.001 18,000.00 161,550.001 11 B,500.00 329,5-50.00 49,500.00 280,050.00 Administrative Approval 30-May-13 Council Aeproval EXHIBIT"B" Page 1 of 1 a 'o c E ° G OOQ00o Noaoo �W W0 0000T.- C a cM. L E LO W m E a It a. V m 0 0 Q Q g 0 Q ° ❑ ❑ D 0 0 0 0 a Q to to LO H F H 1 to w 0 o � ia V o Q° Q Q Q Q� o Q ❑ ❑ ❑ Q Q r0 0 0 0 LO � 8 Ln > > to m � 0 Qo0 o QQ ❑ pQ QQ W)Q m o CD L N > r W +�' Q 0 go 0 ttoo $ N N 1QO I 0 t0 n to N O r �P }- � � 1� CV A � F- U) ~ o eA VN 0 t" � coo W Z Z N p Q N 0 N Q w m m Cn '0 to co D a t; U Z � F- (_ (� r I r N LU 2 o a car E- �o > E CL a �- m r f00000 f} CD p N o ❑ ❑ ❑ N C N N Q O � r Q e� r U Z r d4 r to ER r .a E v 000 0 0 0 0 ❑ ❑ D o QQtncn o - 0 Q0Q N N C N w w O U N U � H can U) m N V y N N N C N U- v d °' d `-' m a U. m m w Z O Z Z` N ° m cc of C o tca ¢ Z U. as te n. H v c a Z o Z' m ro w. N c c w 2 B o c rn Q m i° C Q o uEasa � S �_ E � c � ❑ g E � �. m atimUVS aa. ;"p 5a0cnco V) MU EXHIBIT "C" Pa e 9 of 1 Y 11111 If R M \1111 R Relit \%Slfo'%F 1)FIN'CI IV City of CHWOF C ORPUS CHRISTI Corps DISCLOSURE OF INTEREST Christi Cite ol'Corpus Christi Ordinance 17112. as amencled. requires all persons or ants seeking, to do business %%ith the City to pro%We the lollo"ing, information. I'\er\ cluestion must be ant %\cred. if the question is not apfiLable. ans%\cr %%ith -NA-. See merse side I-Or Filing Requirements, Certification,and (lei[lilt ioll-S. COMPANY .NAME: Turner, Il.tiiiii-ez.& Associsites, ilic. .............. ............-............... ...........-.11,111,........................ P.0. BOX: ............. STREET ADDRF.'SS: 5525S.St.ople.,,Street,StaiteA7 CITY: Curlitis Christi ZIP: 78411 FIRM IS! I. Corporation X 2. Parinerslup ,1,, Asiociation 5. Othor DISCLOSURE QUESTIONS 11'additional space is necessary. please use Cite reverse sicle of this page or attach separate sheet, I. State tit` names col' elicit "employce- of the City ol' Curpus diristi hal"ill an -ownership interest" 301,10 or more jif the ownumhip in the abme Banned ""firmY N, Job Ville and 01% Department (il,W o%%11) ............... ............ - ------ ..................... ...... ........... 2. State the name,ofeach --official"ofille(It\ of'Corpus Chl-kii li.-i%ing an -owiership interest" constit tot ing ..V!/u or more ofthe ownership iddic A10%c panted-I Title 3. . .. ............. ......... ...... ............................ ............ State Cite; nailles ofeach "board member- of dic Cit'. 01' COI-IlLh Christi lim ing all -o%%ncrti.ip c� firm Interest N,jnie Board. Commission or Committee ................................. ............. ............... -1. State lilt! II*,lllIe% `of etch eniplmce or officer of a "consuliam" kir the City of Corpus Christi %%ho %wrl,cd on aw, matter rilawd tO the SLlbjCCt of this contract and 'has tit --cm nership interest"constilulin, 19,6 or more ol'llic 0WIlership in tic alime named"firm.- I le consultant - —------------- .... .................. . .................... ........ EXHIBIT Page 9 of 2" FILING RrQUIREMrNTS il'a person %%Im requests official action on a maiter Lnows that life requesteducliun %%ill eoillcr an econumic benefit on any Cite official or employee that is distinguishable from the effect that the "attioll %%ill lime on 1116iber; of the public in general or,I subsFamial segment thereof, %(ill shall disclose that j'act in -it signed "rilinu to tfu�Cit` official. oyce or bod-, that has hcen r,cclucsted to act in the maiiier, unless the interest ol'the City AF12111111 or ernplovc6 in the matter is Seerm murcill. The disclosure shall also he made in -I signed %%ritinu filed with the 01% in. 'thies Ordinance Section 2-3•41) (d)I CERT1 FICATION I vertil% that all information prm ided is tme and correct as of the dale of this swiumem that I have not lilo%% %%ithlield disclosure of .in%, inibrination I-CCILICACd- and that stippluniciltal itaten,evis "ill be liromptl% submitted to tile Ciiy°ol'Corptis Christi. I emis as changes occur. Certif%ill- Person: Philip J01111 Raluirez—AIAl UFA) Title: Princip.11/1'resillem ...........-................ ........................................................................................................................................................................ ....................................................... f I'.%pe or Ila hill Shanature of Cer[M han o,-g`e Date; .................7 DEFIN IT]ONS a,. -13ourd member." A member ol' any board. commission. or committee appointed b® the 01% COLIlleil 01'111C('it% 01'COI]ILIS Christi, 1'exasi. it "I collonlic benefit All action that is likely to affeel an economic interest if it ii likel\ to have all CUCI on that interem that is distillaujishable From its effect oil members of the public in acneral or a sM)stantial scanient thereof. I. -1:fill 11 oyce.- Ali\ person empim cc] b% the Cit} ofCorpub Christi. 1 exas either all .1 full w part-lime IMSiS.but 1101 111S.111 iTHICIVIRIC111 CORM.1clor. d, 'T'inu.- Any ulltit\ operated for economic gain, %flicilier proleisional. industrial or commercial. and whether established to produce or deal %%ith a product or seer ice, including but not limited to. entities operated in life rorm of sole proprietorship. as self-eniplo%ed persuil. partnership. corpormion.joint stock conipan%joint venture, recei%crship or trust. and entities which for purposes of taxation are treated as non-profit oruani/ation-;. c -Official." I'lie Nlayor. members of the Cit\ Comicil. Cit% Manager. Deputy Cite Nlana aver, As �i, -ers. Deparnnew and Division I l e ads. and Municipal Court _4 �'sis fill City ['vhmag 11 tidges of the Cit® of'Corpus Christi,Texas. f, -0wriership Interest," I-qual or equitable interest. %%hedier lictual1% or COIlStrLICli%Cl% licK in a firm. including when such interest is held ffiroijuh an agent. trust. estate, or holdinu z - - entity. -Co nstruethch held" refers to holdinus or control eit,�NiSlled 111TOUL-li %othw trusts. proxies. or special terms ol'venture or partnership agreemcirts.®® "Consultant.-Ali\ person or firm, such as engincers and architects. hired b\ the Cit% or Colpils.Christi Cor UIL purpose ot-prol'�ssioiml consithadon ,told recornmendaticii. EXHIBIT"13" Page 2 of 2 :ICS � 31 dI SI B SAO MI SVX� Ii °IlSNH 5n&J �(D AiI3 lISIHI X3 1-110 NS 11 1-1I j souvnov 2 V � 4 i r / V 00d, WO ISM r, P, V" u / � a „ r Iii al ".11 ,F LL � .1 3 " ! d r ; ; h / r J 'i u % ye l�Ln. ............... Diu Ul UM m 10 T,, < u (A 4-J E 4-a 4-j U 4-j m 0. 00. u m O rU4 C14 N n- III cr o u W p iU a i� m '"z u u q 0 w W �, t r, Sri r C'V y1\` r ) cc IU co ca �� U CL M, �M, o", v Q kw',; lil cc a� ca $,r O � O > p U cn Lo 0 Q � c:) r (1) Q O N O cc cc W c � ouo a_ O c V V O .0 }' U X t3 f r U "u OL � I II p EE a ° L. m, o ULU 00 O 00 0 0 0 0 O 00 O 00 0 0 0 0 O O O O 06 O O O O O 00 0 00 O � 0 0 0 Iq CD O 0- 6 O O- O (D 00 00 V- 00 O O O Iq 00 U*) m Iq M (D U*) Ul) 00 N IRT co M N M W : o w N (D ; O cq J w w ~ J �E C� QO N J : m Q O 0 L = to (n H Q m ° O W Cl) O_ W ) }' O Ztf v D 06 a N CY H � 0 � V U 0 N W � U � U LL Q Q v H_j cn Q C> cLa 0 D o 0 0 .0 0 0 0 .FD O Cl) L.L 0- F- LL U 0 0 0 V U LL w qiR^ y 3 k ' r r d AGENDA MEMORANDUM oaPOwR,ko Future Item for the City Council Meeting of April 22, 2014 2852 Action Item for the City Council Meeting of April 29, 2014 DATE: April 22, 2014 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm P_cctexas.com (361) 826-3165 Bill Green, Interim Director of Environmental & Strategic Initiatives billgp_cctexas.com (361) 826-3898 Gustavo Gonzalez, Assistant City Manager for Public Works & Utilities gustavogo&cctexas.com (361) 826-3235 Professional Service Agreement for Consulting Services related to the RESTORE Act CAPTION: Motion approving a professional service agreement with Tim Richardson, Rockville, Maryland to provide consulting assistance to the Environmental & Strategic Initiatives Department to secure Deepwater Horizon (DWH) restoration funding, for a total expenditure of $80,050, of which $40,025 is required in FY 2013-2014. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the service provider and the City Manager, or designee. Funds have been budgeted by the using Department in FY 2013-2014. PURPOSE: The consultant will assist the Utility Department, Office of Environmental and Strategic Initiatives (ESI), or other City Departments, per the direction of ESI, with organizing and finalizing the City's approach to developing a priority project list for possible DWH restoration funding. BACKGROUND AND FINDINGS: The City of Corpus Christi is in the process of pursuing federal grant funds stemming from the British Petroleum Deepwater Horizon oil spill criminal settlements and civil trial verdicts. Texas' share of these funds will likely range between $1 billion and $3 billion with federal funding guidelines and Acts of Congress providing state and federal trustees with options for directing these funds to competing projects in Texas. The City is eligible for federal grants from seven separate restoration accounts. Some accounts will be eligible only for Texas projects while others will be competed for among the five Gulf of Mexico states. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Tim Richardson is a multi-client government affairs and media consultant who has worked on Exxon Valdez oil spill restoration; land trust projects nationally, legislative affairs and advocacy issues. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Environmental & Strategic Sourcing Department Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $179607018.48 $407025.00 $270007043.48 Encumbered / Expended Amount $177837390.34 $177837390.34 This item 1 1 $407025.00 1 $407025.00 1 $807050.00 BALANCE 1 1 $1367603.14 $1367603.14 Fund(s): Utilities Department Comments: The $40,025 financial impact shown above represents six months of expenditures that will be encumbered through the end of this fiscal year. The remaining $40,025 represents six months of expenditures that will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Professional Service Agreement for BUYER: GABRIEL MALDONADO Consulting Services related to the RESTORE Act COUNCIL DATE: APRIL 22, 2014 Tim Richardson Rockville, Maryland ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1. Consulting Services 750.5 Hour $100.00 $75,050.00 2. Travel Expenses not-to-exceed $5,000 annually, as 1 Lot $5,000.00 $5,000.00 approved by Environmental & Strategic Initiatives Department. Grand Total $80,050.00 CONTRACT Consulting Services Service Agreement No. THIS Consultant Services CONTRACT (this "Agreement") is entered into by and between Tim Richardson (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee, effective for all purposes upon execution by the City Manager or his designee. WHEREAS Contractor has proposed to provide Consulting services to assist with organizing and finalizing the City's approach to developing a priority proiect list for possible Deepwater Horizon restoration funding in accordance with its proposal dated February 6, 2014 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be well qualified to perform proposed services and Contractor is categorized as a sole owner to provide the required services; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform Consulting services to assist with organizing and finalzing the City's approach to developing a priority proiect list for possible Deepwater Horizon restoration funding in accordance with its proposal dated February 6, 2014, for a total not-to-exceed price of$80,050. 2. Term. This Agreement commences on the date signed by the last signatory hereto and continues for twelve months thereafter. The term includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager or designee. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Environmental Program Specialist. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Environmental Program Specialist will be given at least thirty (30) days notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City is subject to appropriations and budget approval providing for covering such contract item as expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or the Contractor's proposal waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Environmental Program Specialist. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in accordance with this agreement. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing policy. 15. Violence Policy.The Contractor must adopt a Violence in the Workplace and related hiring policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail; postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Sharon B. Lewis, Environmental Program Specialist P.O. Box 9277 Corpus Christi, Texas 78469-9277 Fax No.: (3 61) 826-4066 e-mail: sharonl @cctexas.com IF TO CONTRACTOR: Consultant Tim Richardson Contact Tim Richardson Address: 6707 Old Stage Road City, State, Rockville, MD 20852 Phone No.: 301-770-6496 E-Mail : tirs @rcn.com 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION A. CONSULTANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, SUCCESSORS, AND ASSIGNS, FROMANYAND ALL LIABLITY, LOSSES, CLAIMS, DEMANDS, SUITS, COST, EXPENSES AND DAMAGES, INCLUDING THE COST OF DEFENSE, INVESTIGATION AND REASONABLE ATTORNEY'S FEES, OF WHATEVER NATURE AND DESCRIPTION, ARISING FROM OR IN CONNECTION WITH CONSULTANT'S NEGLIGENCE OR WILLFUL, MISCONDUCT, OR A THIRD-PARTY CLAIM ARISING OUT OF CONSULTANT'S PERFORMANCE UNDER THIS AGREEMENT. B. CONSULTANT SHALL INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY PROCEEDINGS OR CLAIMS ASSERTED AGAINST THE CITY RESULTING FROM MATERIALS SOLELY FURNISHED BY CONSULTANT INVOLING COPYRIGHT MISAPPROPRIATION OF IDEAS OR RIGHTS AND LITERARY PIRACY OR PLAGIARISM, EXCEPTING CLAIMS ARISING FROM MATERIALS OR INFORMATION FURNISHED BY THE CITY OR FROM MATTERS WITH RESPECT TO WHICH CONSULTANT HAS ADVISED THE CITY, IN WRITING, OF THE LEGAL RISK INVOLVED AND THE CITY, BY THEIR SPECIFIC WRITTEN APPROVAL, HAVE ASSUMED THE RISKS THEREOF, IN WHICH CASES THE CITYSHALL SO INDEMNIFY CONSULTANT. SIGNED this 28th day of February 2014. Contractor Tim Richardson Tim Richardson Title: Consultant CITY OF CORPUS CHRISTI("CITY") Constance Sanchez Director of Financial Services Exhibit A: Consultant's proposal dated February 6, 2014. se G� H v NCORPORA1, 1852 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of April 22, 2014 Action Agenda Item for the City Council Meeting of April 29, 2014 DATE: April 3, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 FROM: Jim Davis, Director of General Services jimd@cctexas.com (361) 857-1909 Execute Construction Contract Facilities ADA Improvements: South Texas Art Museum and Barge Dock Parking Lot CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with JE Construction Services of Corpus Christi, Texas in the amount of $294,386.80 for Facilities ADA Improvements: South Texas Art Museum and Barge Dock Parking Lot for the Base Bid plus Additive Alternate No. 1. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract for the Facilities ADA Improvements: South Texas Art Museum and Barge Dock Parking Lot. BACKGROUND AND FINDINGS: This project is one of the Bond 2012 Proposition No. 5 Museum and Library Improvements approved by the community in the general election held on November 6, 2012. This project includes improving ADA accessibility into the Art Museum and American Bank Center through the improvements to the accessible route from the Art Museum west parking lot and Barge Dock parking lot. K:\ENGINEERING\LEGISTAR\4-APRIL 22\FACILITIES ADA IMPS SO TX ART MUSEUM BARGE DOCK PARKING LOT\AGENDA MEMO-FACILITIES ADA IMPS SO TX ART MUSEUM BARGE DOCK PARKING LOT.DOCX The Base Bid includes installing a concrete ADA ramp on concrete piers with powder coated aluminum pedestrian railing to provide an accessible route between the Art Museum of South Texas west parking lot and the main entrance of the museum. Additive Alternate No. 1 consists of improving accessibility between the Barge Dock parking lot and the American Bank Center. Improvements include construction of an aluminum ADA ramp with power coated aluminum pedestrian railing from the Barge Dock parking lot to the street level across from the American Bank Center north entrance. This ADA accessibility improvement will provide a safer and more convenient route to the America Bank Center. Additive Alternate No. 2 consists of improvements to the median on the east side of the American Bank Center near the north parking area which would improve access for buses and semi-trucks that unload in this area. On March 12, 2014, the City received proposals from two (2) bidders and their respective bids for the project Base Bid are as follows: Part A Imps. Part B Imps. Part C Imps. South Texas Art Add. Alt. No. 1 Add. Alt. No. 2 Contractor Museum West Parking Barge Dock American Bank Lot ADA Imps Parking Lot Center Median Imps. Ramp B JE Construction Services $181,045.32 $113,341.48 $13,296.68 Corpus Christi, Texas Barcom Construction $340,243.31 $111,433.27 $13,939.01 Corpus Christi, Texas The Engineer's Opinion of Probable Construction Cost is $217,010.00 (for the Base Bid). ALTERNATIVES: 1. Authorize execution the construction contract. (Recommended) 2. Do not authorize execution of the construction contract. (Not recommended) OTHER CONSIDERATIONS: The City's engineer, Martinez, Guy, & Maybik, Inc., conducted a bid analysis of the two (2) proposals submitted to the City. The lowest bidder based on the Total Base Bid and Additive Alternate No. 1 is JE Construction Services of Corpus Christi, Texas. Based on the information submitted in Division 00 45 16 Statement of Experience, JE Construction Services has the experience and resources to complete the project. The current project funding can only accommodate awarding the Base Bid and Additive Alternate No. 1. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria. EMERGENCY/ NON-EMERGENCY: Not applicable K:\ENGINEERING\LEGISTAR\4-APRIL 22\FACILITIES ADA IMPS SO TX ART MUSEUM BARGE DOCK PARKING LOT\AGENDA MEMO-FACILITIES ADA IMPS SO TX ART MUSEUM BARGE DOCK PARKING LOT.DOCX DEPARTMENTALCLEARANCES: General Services Department FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Total Budget $400,000.00 $400,000.00 Encumbered / Expended Amount This item $294,386.80 $294,386.80 Future Anticipated Expenditures $105,613.20 $105,613.20 BALANCE $0.00 $0.00 Fund(s): Public Facility CIP Bond 2012. Comments: The project construction requires 120 calendar days to reach substantial completion and final Completion in 150 calendar days, with anticipated completion approximately October 2014. Thus, funding for this contract will only be required during Fiscal Year 2013-2014. RECOMMENDATION: City staff and Martinez, Guy, & Maybik, Inc. recommend that the construction contract be awarded to JE Construction Services in the amount of $294,386.80 for the Facilities ADA Improvements: South Texas Art Museum and Barge Dock Parking Lot for the Base Bid plus Additive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\4-APRIL 22\FACILITIES ADA IMPS SO TX ART MUSEUM BARGE DOCK PARKING LOT\AGENDA MEMO-FACILITIES ADA IMPS SO TX ART MUSEUM BARGE DOCK PARKING LOT.DOCX PROJECT BUDGET Facilites ADA Improvements South Texas Art Museum and Barge Dock Parking Lot Bond 2012 FUNDS AVAILABLE: Bond 2012.......................................................................................................... $400,000.00 FUNDS REQUIRED: Construction (JE Construction Services) (Base Bid, Add. Alt.No. 1)................................ $294,386.80 Contingency(5%)................................................................................................. 14,727.50 Design & Inspection Fees: Engineer(Martinez, Guy, & Maybik, Inc. )................................................................. 49,978.00 Geotechnical Study and Testing (Kleinfelder) ............................................................ 7,500.00 Construction Materials Testing (Tolunay-Wong Engineers, Inc.).................................... 6,160.00 Construction Inspection Services............................................................................ 10,818.71 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)............................... 5,409.36 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs).............. 9,474.10 Miscellaneous..................................................................................................... 1,545.53 TOTAL............................................................................................................... $400,000.00 ESTIMATED PROJECT BUDGET BALANCE........................................................... $0.00 rm ^y. lrry PROJECT LOCATION �� ✓r �o �o �� #E12123 r r � r /1f�alr� z �✓%%/ ri/ilrr✓Li lr'N✓url/r�/Glll��'Wdu✓ /�' ��i�'rtlrr �l �/� �, ,r �� � /;! ,° 5,011 1 rmvolWu ra? cFlrOr✓w�, /pa„ ,,, ✓mriniwrro /%'J fir. >�� "J%v9rr, ��/// w�) 4°Ii;p: rr �� i:u! .i�1 "*;��a" Iwu ��rna°I irrt �� rri ,,J ✓1�, r�r ,� wi11Jr�% 1 �(�(�,(���� wrv�,� it /�:/i� / 0 1�, ,,,,„�,,,, ��� � ��/l/v�� / '' ,✓„: � � .�w ! / �� � p� �w°� °m�l� � � � ��i � R�'�m � ✓ „y III I 1�!`+ fl Z � I �/ a , /lea a i � ' alr E 1 100kW':4u'a.� �y uvx°Wmuui I /K NAP N f r9A r'.A 4Jf NN @tYPVfiM 1 1jw r�w {YrM III wi m �'10�Nllryr+!/xr//fir/1'� ,v r// rr . r ww° , rlDlUr!11AD M AI V4. I m yo M fm >e lo r MEN off, r I MI! rp / / ,✓ ,. to it II , ✓, r J l V ,� ry i t % M '� / PP�'� 7Y c; s r i 1 r r✓ N flu //," � �� ��j1 1 ��1 �ro i` / ya P V r ��// lr 4��� e aJ/nr, LOCATION MAP PROJECT #E12123 NOT TO SCALE N Facilities ADA Improvements: CITY COUNCIL EXHIBIT South Texas Art Museum, CITY OF CORPUS CHRISTI, TEXAS, DEPARMENT OF CAPITAL PROGRAMS Barge Dock Parking Lot PAGE 1 OF 1 RLI-LE Ln X3'1 a u � a , N o�F . . N V 0 � � a U 00 � aA A � a � *PEI *PEI X u � IV r� v J M r RU Ln a o'' a E _j Y r UJ AR o ;L icy CD / y,rflrr/%J CL w n rir r 'r9 r/P V Iv"Wl a (MV/p,�r H P r D rj ""+tire//ir!�ij%/i///%/i <rrrer c w � /%/r/i if fl � oii Il�,r w R E V p O ur a a o CL a L C� L V 00 V ° 4> > •O z o CL — a ._......._,._ . ., a a E RU 0 0 0 0 0 0 7-- w 0 0 cn o m LO 0 0 0 1` m 0 0 1- o (c) ti000aoao0 0 trr a 0 M N 1` 0 0 7 N 0 (Al -;i 1 O M 1` M LO � M Iq 0 - 0 (3) Iq 0 4-j � ,O z . U L T 70 0) : W V w U O °° 70 Q N Y � W (0 0) U c 0 j 06 LN to ^1) L r vJ F- . y-- 70 /1 J 0 (0 LU o �, 'i U '� LLJ W N Q — U \° D Q w Lo -E U) a N W o v 0-CU o o (D W II 0(D u� H •.EX I- 0 I- L 0 U L L J Q (�, (�, CC c _ o c c Q .... :) 0 :) 0 0 c N 0 0 N Q V) LL m LL U U W 0 0 0Q� H W AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of April 22, 2014 Second Reading Ordinance for the City Council Meeting of April 29, 2014 DATE: March 27, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW @cctexas.com (361) 826-3595 Rezoning from Commercial to Light Industrial By Morent, LLC — Series A Property Address: 5650 Wooldridge Road CAPTION: Case No. 0314-02 Morent, LLC — Series A: A change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to light industrial uses. The property is described as Lot 4, Block 16-D, Lokey Subdivision, located along the north side of Wooldridge Road, approximately 530 feet east of South Staples Street. PURPOSE: The purpose of this item is to rezone the property to allow light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (March 26, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District to allow light industrial uses on the property. The proposed rezoning would allow uses such as warehouse and freight movement uses, wholesale trade uses, and light industrial service uses. Although inconsistent with the Future Land Use Plan, a light industrial use would be appropriate for this area and would be an expansion of the light industrial zoning immediately to the east. The surrounding area is currently developed with uses that are compatible with light industrial uses. The Future Land Use Plan calls for the subject property, as well as all of the properties on the west side of La Costa Drive, to be commercial uses. It is unlikely that the light industrial zoning along La Costa Drive will become commercial in the future. An expansion of the light industrial zoning district is reasonable because the subject property is directly adjacent to the existing light industrial corridor on La Costa Drive. The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the east and northeast. The property to the west is a mini-storage facility and a moving company would not be intrusive to that use or to the vacant land north of the subject property. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is not consistent with the Future Land Use Plan, although the proposed rezoning is consistent with pertinent elements of the Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Morent, LLC — Series A ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 16-D, Lokey Subdivision, from the "CG-2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Morent, LLC — Series A ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 26, 2014, during a meeting of the Planning Commission, and on Tuesday, April 22, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Morent, LLC — Series A ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 4, Block 16-D, Lokey Subdivision, located along the north side of Wooldridge Road, approximately 530 feet east of South Staples Street (the "Property"), from the "CG-2" General Commercial District to the "IL" Light Industrial District (Zoning Map No. 043034), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 2 of 2 0314-02 Ordinance,Morent,LLC " RCS - 6 N " M Q R R O � e n b 01 SUBJECT " PROPERTY " CG- 2 IL N- v Q M e V " O a Q " O � e " 2 M N " O h'00�,o N Rro. !iF,'QO " " N RM 1 N Date Created:311012014 0 400 800 Prepared By:jeremym Feet Department of Development Services CASE: 0314-02 " SUBJECT PROPERTY WITH ZONING Q- �MS A,4pR ® Subject Property " RM-1 Multifamily 1 IL Light Industrial SUBJECT'%0 RM-2 Multifamily 2 IH Heavy Industrial PROPERTY , RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 �P CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial 1 yRo RS-TH Townhouse CG-2 General Commercial Sp Special Permit N CI Intensive Commercial RV Recreational Vehicle Park CB Downtown Commercial N.'. RMH Manufactured Home CR-3 Resort Commercial p� FR Farm Rural ���' City Of H Historic Overlay �S C01PUS BP Business Park LOCATION MAP `' Christi EXHIBIT A PLANNING COMMISSION FINAL REPORT Case No.: 0314-02 HTE No. 14-10000010 Planning Commission Hearing Date: March 26, 2014 Applicant/Owner: Morent, LLC — Series A Legal Description/Location: Lot 4, Block 16-D, Lokey Subdivision, located CM Q .r along the north side of Wooldridge Road, approximately 530 feet east of South cL J U Staples Street. CL 0 }•, From: "CG-2" General Commercial District To: "IL" Light Industrial District 'o Cr Area. 0.55 acres N Q Purpose of Request: To allow a moving company with fleet parking of medium to large size trucks. Existing Zoning Existing Land Use Future Land Use District "CG-2" General Site Commercial Commercial a� y Commercial '0 North "CG-2" General Vacant Commercial c Commercial N "CG-2" General M South Commercial Commercial }, Commercial • East "IL" Light Industrial Vacant Commercial w "CG-2" General West Commercial Commercial Commercial Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. cCL c The proposed change of zoning to the "IL" Light Industrial District is not ' consistent with the adopted Future Land Use Plan, which slates the property for a o commercial uses. Q Map No.: 043034 Zoning Violations: None Transportation and Circulation: The subject property has access to ca c Wooldridge Road, which is a proposed "C3" Primary Collector street. The subject property has indirect access to South Staples Street, which is an "A2" Secondary Arterial Divided street, via Wooldridge Road. Urban Proposed Existing Traffic Street Transportation Plan � � Type Section Section Volume L O c d Wooldridge "C3" Primary 75' ROW 70' ROW Not Rd. Collector 50' paved 50' paved Available Case#0314-02 Morent, LLC—Series A Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District to allow a moving company with fleet truck parking to be located at the subject property. Development Plan: The applicant is proposing to use the rear of the property for parking moving trucks overnight. The trucks are medium to large size trucks up to 24 feet in length. The applicant plans to add pavement to the rear portion of the property in order to accommodate turning movements of the larger trucks. A gate will restrict public access to the rear portion of the property. Four parking spaces will be provided in the front of the building for customer parking. Per the Unified Development Code (UDC), the applicant will be required to provide a buffer of five points along the north and west property lines. Existing Land Uses & Zoning: North of the subject property is vacant land zoned "CG-2" General Commercial District. West of the subject property is a mini-storage facility zoned "CG-2" General Commercial District. South of the subject property, across Wooldridge Road, is Wings and More restaurant zoned "CG-2" General Commercial District. East of the subject property is a vacant property zoned "IL" Light Industrial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Southside ADP and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for commercial uses. Although inconsistent with the Future Land Use Plan, the proposed rezoning is consistent with pertinent elements of the Comprehensive Plan. Department Comments: • Although there are existing commercial properties to the north and west of the subject property, buffer requirements and screening would be used to minimize the nuisance of the light industrial uses on the adjacent properties. • The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the east and northeast. The property to the west is a mini-storage facility and a moving company would not be intrusive to that use or to the vacant land north of the subject property. • The proposed rezoning would not have a negative impact on the surrounding neighborhood. • Although inconsistent with the Future Land Use Plan, a light industrial use would be appropriate for this area and would be an expansion of the zoning immediately to the east. • The Future Land Use Plan calls for the subject property, as well as all of the properties on the west side of La Costa Drive, to be commercial uses. It is unlikely Case#0314-02 Morent, LLC—Series A Page 3 that the light industrial zoning along La Costa Drive will become commercial in the future. An expansion of the light industrial zoning district is reasonable when directly adjacent to the existing light industrial corridor on La Costa Drive. Planning Commission and Staff Recommendation (March 26, 20141 Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. Number of Notices Mailed — 29 within 200-foot notification area; 3 outside notification area 0 As of March 27, 2014: In Favor — 1 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.00% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0314-02 Morent, LLC\Council Documents\0314-02 Report for CC, Morent, LLC.docx RCS - 6 " M Q R R e � O � e n e � b 01 SUBJECT PRO 4 PERTY 13 h 7 12 O CG- 2 N 10 6 G� M e V 2 " ho p�oRlo 3 a O GFRO O8 4 2 M Q _ — " 5 Q 0 — 1 9 " R 1 " Date Created:311012014 0 400 800 Prepared By:jeremym Feet Department of Development Services CASE: 0314-02 ° ZONING & NOTICE AREA yo- �"�w000 4MSA RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily Y IH Heavy Industrial _ RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay '°"^*, ON Professional Office RS-10 Single-Family 10 I '"m^mm, RM-AT Multifamily AT RS-6 Single-Family 6 SUBJECT`% CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 PROPERTY , CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 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 CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial ,' RMH Manufactured Home CR-3 Resort Commercial y FR Farm Rural Ra H Historic Overlay N BP Business Park , Subject Property Owners ?� City Of with 200'buffer O in favor S P� CO US 4 Owners within 200'listed on v Owners LOCATION MAP °g Christi attached ownership table /�in opposition I I I av—o- I I it I �I 1 II. Iry' I ,I I� I II I I I I I I I I I it I II h it I I I I I II I I I I I I I l I I I I I 1 I I I I li I I I I N � I I U I I I I A I 1 I � i I i I I I � I � O I I o °Op M ! M i � I � I i I f Exfaling Office Bldg. um ss. I O if i m U I 80'-0" V Wooldridge Road „,....0 �� 'T �a �,�R �� �o J W �� A]CI // / / 5/ l.v 0� // l�il�/'��r �Q b��O, % j i� � � �+,� fi / i ii �/ ''i i �� iii ” ��a �u„ ¢? C `V q O �l�,,, �.� � r W � � °'i �� tl 1 i ^� i u � w � it �� .d � �a ��/��i � �� ,�� ��h y � � I�� z����;� 1 )�i' w `� ,i , i, � �® , �S �l 1 � /�j /�/ � ��fi> .:� i a tl' 1 _d AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of April 22, 2014 Second Reading Ordinance for the City Council Meeting of April 29, 2014 DATE: March 27, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Farm Rural to Commercial, Low Density Residential and Apartment By Dorsal Development, LLC Property Address: 8010 Yorktown Boulevard CAPTION: Case No. 0314-04 Dorsal Development, LLC: A change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF" Two-Family District on Tract 5. The property is described as being a 70.201-acre tract of land out of Lots 7, 87 9 and 10, Section 25 and Lots 1, 27 5 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Yorktown Boulevard at the intersection of Starry Road. PURPOSE: The purpose of this item is to rezone the property to allow for a commercial, multifamily, duplex, and single-family development. RECOMMENDATION: Planning Commission and Staff recommend approval of the rezoning on: • Tract 1 from "FR" Farm Rural District to "CG-2" General Commercial District • Tract 2 from "FR" Farm Rural District to "RM-2" Multifamily 2 District • Tract 3 from "FR" Farm Rural District to "RM-1" Multifamily 1 District • Tract 4 from "FR" Farm Rural District to "RS-4.5" Single-Family 4.5 District • Tract 5 from "FR" Farm Rural District to "RS-TF" Two-Family District BACKGROUND AND FINDINGS: As detailed in the attached report, the 70.201-acre vacant subject property is zoned "FR" Farm Rural and the applicant is requesting a rezoning to allow general commercial, multifamily, duplex, and single-family development. The property to be rezoned is suitable for the uses permitted by the requested zoning districts. This rezoning is consistent with the Comprehensive Plan policies. The impact of the commercial uses and the high density residential uses will be minimal due to the commercial development and apartments having direct access to Yorktown Boulevard. The implementation of the buffer requirements will also minimize the impact to the low density residential. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Although portions of the development of the subject property are not consistent with the Future Land Use Map, the proposed rezoning is overall consistent with the policies of the Comprehensive Plan and Area Development Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial and Rezoning Maps Ordinance amending the Unified Development Code ("UDC"), upon application by Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 70.201-acre tract of land out of Lots 7, 8, 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF" Two-Family District on Tract 5; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Dorsal Development, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 26, 2014, during a meeting of the Planning Commission, and on Tuesday, April 22, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Dorsal Development, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 70.201-acre tract of land out of Lots 7, 87 9 and 10, Section 25 and Lots 1, 27 5 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Yorktown Boulevard at the intersection of Starry Road (the "Property"), from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF" Two-Family District on Tract 5 (Zoning Map Nos. 041030, 0410297 040030), as shown in Exhibits "A," "B," "C," "D," "E," and "F." Exhibits A, B, C, D and E, which are a metes and bounds description of the Property, and Exhibit F, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 2 of 2 0314-04 Ordinance,Dorsal Development,LLC MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. PH. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr @aol.com e-mail: nixmw(c)aol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 February 27,2014 10029-M&B CG-2.doc CG-2 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 12.229 acre tract of land,more or less,a portion of Lot 9,Section 25 and Lots 5&6,Section 34, all in Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume"A",Pages 41—43, Map Records, Nueces County, Texas, and also being a portion of a 20.00 acre tract of land described by deed recorded as Document No.2006037179,Official Records of said county and a portion of a 19.58 acre tract of land described by deed, Document No. 2012021105, said official records, said 12.229 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the northeast right-of-way line of Yorktown Boulevard for the southernmost corner of said 19.58 acre tract and southernmost corner of the tract herein described; THENCE N61 000'28"W 739.74'along said northeast right-of-way line of Yorktown Boulevard to a point for the westernmost corner of the tract herein described; THENCE N28 058'40"E 719.94'to a point for the northernmost corner of the tract herein described; THENCE S61 001'20"E 739.96' to a point in the southeast boundary line of said 19.58 acre tract for the easternmost corner of the tract herein described; THENCE S28 059'43"W 720.13' along the southeast boundary line of said 19.58 acre tract to the POINT OF BEGINNING, a sketch showing said 12.229 acre tract for CG-2 Zoning being attached hereto as Exhibit"F". r w W... let* M d 4"Y WELSH M. IXON M.WELSH,R. .L.S. r EXHIBIT "W" Page IofI MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. PH. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr(a)aol.com e-mail: nixmw(c)aol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 February 27,2014 10029-M&B RM-2.doc RM-2 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 4.405 acre tract of land, more or less, a portion of Lot 9, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 —43, Map Records, Nueces County,Texas,and also being a portion of a 20.00 acre tract of land described by deed recorded as Document No. 2006037179, Official Records of said county and a portion of a 20.02 acre tract of land described by deed, Document No.2006037178, said official records, said 4.405 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the northeast right-of-way line of Yorktown Boulevard for the southernmost corner of the tract herein described,said southernmost corner bears N6 1'00'28"W 739.74 from the southernmost corner of a 19.58 acre tract of land described by deed,Doc.No.2012021105, said official records; THENCE N61 000'28"W 204.48' along said northeast right-of-way line of Yorktown Boulevard to a point for southwesterly corner of the tract herein described; THENCE continuing along said northeast right-of-way line of Yorktown Boulevard N61 002'02"W 62.03'to a point for the westernmost corner of the tract herein described; THENCE N28 058'40"E 719.90'to a point for the northernmost corner of the tract herein described; THENCE S6 1001'20"E 266.51'to a point for the easternmost corner of the tract herein described; THENCE S28 058'40"W 719.94'to the POINT OF BEGINNING,a sketch showing said 4.405 acre tract for RM-2 Zoning being attached hereto as Exhibit"F". i 0 F R R r"M• MaRar,•r rR♦ ♦J � ,. I..M' !LSH IXON M.WE LS H,RIP.L.S. M f M R a r M"M R "• R..4 2211 ° . . PA18610. AO sUR'� EXHIBIT "B" Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. PH. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr(a)aol.com e-mail: nixmw(c)aol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 February 27,2014 10029-M&B RM-1.doc RM-1 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of an 8.721 acre tract of land,more or less,a portion of Lot 9,Section 25 and Lot 6,Section 34,all in Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume"A",Pages 41—43,Map Records,Nueces County,Texas,and also being a portion of a 20.00 acre tract of land described by deed recorded as Document No.2006037179,Official Records of said county,a portion of a 20.02 acre tract ofland described by deed,Document No. 2006037178, said official records, and a portion of a 19.58 acre tract of land described by deed, Doc.No.2012021105,said official records,said 8.721 acre tract of land as further described by metes and bounds as follows: Starting at a point in the northeast right-of-way line of Yorktown Boulevard which bears S61°02'02"W 410.00' from the westernmost corner of said 20.02 acre tract;thence N28°58'40"E 719.90'to a point for the westernmost corner and POINT OF BEGINNING of the tract herein described; THENCE N28 058'40"E 545.91'to a point for the northernmost corner of the tract herein described; THENCE S6 1001'20"E 402.82'to a point for north central corner of the tract herein described; THENCE N67 016'52"E 42.88'to a point for north central corner of tract herein described; THENCE S22 043'08"E 341.01'to a point for easterly corner of the tract herein described; THENCE S6 1001'20"E 49.51'to a point for the easternmost corner of the tract herein described; THENCE S28 058'40"W 368.19'to a point for the southernmost corner of the tract herein described; THENCE N61 001'20"W 746.51'to the POINT OF BEGINNING, a sketch showing said 8.721 acre tract for RM-1 Zoning being attached hereto as Exhibit"F". iOF R R r"M• l M' 0. .r M"M R!L&II IXON M.WELSH,R. .L.S. PA18610. AO M f M R a "• ..4 2211 , sUR'� EXHIBIT 'X' "C" Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. PH. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr(&aol.com e-mail: nixmw(c)aol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 February 27,2014 10029-M&B RS 4.5.doc RS-4.5 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 43.882 acre tract of land,more or less,a portion of Lots 7,8,9 and 10,Section 25 and a portion of Lots 1, 2, 5 and 6, Section 34, all out of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume"A",Pages 41—43,Map Records,Nueces County,Texas,and consisting of all of an 11.483 acre tract of land described by deed recorded as Document No.2010027843, Official Records of said county, a portion of a 20.02 acre tract of land described by deed recorded as Document No. 2006037178, said official records,a portion of a 19.58 acre tract of land described by deed,Document No.2012021105,said official records and a portion of a 20.00 acre tract of land described by deed recorded as Document No.2006037179,said official records, said 43.882 acre tract of land as further described by metes and bounds as follows: BEGINNING at the westernmost corner of said 20.02 acre tract, a point in the northeast right-of-way line of 80.00'wide Yorktown Boulevard,for the southernmost west corner of the tract herein described; THENCE along the northwest boundary line of said 20.02 acre tract and along a central southerly boundary line of said 11.483 acre tract N28°58'40"E 1869.63'to a point for interior northerly corner of the tract herein described and interior southerly corner of said 11.483 acre tract; THENCE N61 001'29"W 499.67'along a southwest boundary line of said 11.483 acre tract to a point in a southeast boundary line of Drainage Channel 31 right-of-way as described by deed recorded in Volume 2046, Page 721, deed records of said county,for the westernmost north corner of the tract herein described; THENCE N28 059'41"E 590.42'along said southeast boundary line of Drainage Channel 31 right-of-way to a point for the northernmost corner of the tract herein described and of said 11.483 acre tract and interior corner of said Drainage Channel 31 right-of-way; THENCE S61 000'00"E 813.54' along a southwest boundary line of said Drainage Channel 31 right-of-way to a point for the easternmost north corner of the tract herein described and easternmost corner of said 11.483 acre tract; THENCE along the southeast boundary line of said 11.483 acre tract S28 058'40"W 653.73' to a point for the southernmost corner of said 11.483 acre tract and central interior corner of the tract herein described and being in the northeast boundary line of said 20.02 acre tract; THENCE S60 058'31"E 1102.75' along said northeast boundary line of 20.02 acre tract and along the northeast boundary lines of said 20.00 acre tract and said 19.58 acre tract to a point for the easternmost corner of said 19.58 acre tract and easternmost corner of the tract herein described; THENCE along the southeast boundary line of said 19.58 acre tract S28 059'43"W 1085.09' to a point for the southernmost east corner of the tract herein described; EXHIBIT ` ' "D" Page 1 of 2 Metes and Bounds Description,43.882 acre tract,February 27,2014,continued: THENCE N61°01'20"W 259.96'to a point for southerly corner of the tract herein described; THENCE N28 058'40"E 488.19'to a point for interior easterly corner of the tract herein described and being in the arc of a circular curve to the right having a central angle of 7 003'46" a radius of 640.00' a tangent length of 39.50' and a chord bearing N26 015'01"W a distance of 78.84' THENCE along the arc of said circular to the right a distance of 78.89' to the point of tangency; THENCE N22 043'08"W 226.79'to a point for easterly interior corner of tract herein described; THENCE S67 016'52"W 162.88'to a point for easterly corner of the tract herein described; THENCE N61 001'20"W 402.82'to a point for interior central corner of the tract herein described; THENCE S28 058'40"W 1265.81' to a point in said northeast right-of-way line of Yorktown Boulevard for the southernmost west corner of the tract herein described; THENCE along said northeast right-of-way line of Yorktown Boulevard N61 002'02"W 410.00'to the POINT OF BEGINNING, a sketch showing said 43.882 acre tract for RS-4.5 Zoning being attached hereto as Exhibit"F". i 0 F R R r.,• NIX(*M.WELSH „R• ••«•• •••• IXON M.WELSH,R. .L.S. '.�. 2211 sUR'� EXHIBIT ' "D" Page 2 of 2 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. PH. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr @aol.com e-mail: nixmw(c)aol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 March 11,2014 10029-M&B RSTF.doc RSTF Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 0.964 acre tract of land, more or less, a portion of Lots 1 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume"A",Pages 41-43,Map Records,Nueces County, Texas, and being a portion of a 20.00 acre tract of land described by deed recorded as Document No. 2006037179,Official Records of said county and a portion of a 19.58 acre tract of land described by deed recorded as Document No.2012021105,said official records,said 0.964 acre tract of land as further described by metes and bounds as follows: Starting at the southernmost corner of said 19.58 acre tract,a point in the northeast right-of-way line of 80'wide Yorktown Boulevard; thence along the southeast boundary line of said 19.58 acre tract N28°59'43"E 720.13'; thence N61°01'20"W 259.96'; thence N28°58'40"E 368.19' to the POINT OF BEGINNING and southernmost corner of the tract herein described; THENCE N61 001'20"W 49.51'to a point for southerly corner of the tract herein described; THENCE N22 043'08"W 341.01'to a point for the westernmost corer of tract herein described; THENCE N67 016'52"E 120.00'to a point for the northernmost corner of the tract herein described; THENCE S22 043'08"E 226.79' to the point of curvature of a circular curve to the left having a central angle of 7 03'46", a radius of 640.00' and a chord bearing S26 015'01"E a distance of 78.84'; THENCE along the arc of said circular curve to the left a distance of 78.89'to a point for the easternmost corner of tract herein described; THENCE S28 058'40"W 120.00'to the POINT OF BEGINNING,a sketch showing said 0.964 acre tract for RSTF Zoning being attached hereto as Exhibit"F'. OF ?",**$. 1 ► O, NIXON M, IXON M.WELSH,R.PJ� L.S. 4 � EXHIBIT "E" Page IofI o �2 D=07°03' 46" LD _� LD Q� R=640. 00' o6 E `6 mf T=39. 50' w I w B 89' C =N B 26° 15' O1"W / p o6 CH=78. 84' ✓� ca va L6 w-. v � (u d I N d Z Z Oa O: H a H a U U CL DRAINAGE CHANNEL 31, CITY OF CORPUS CHRISTI, N28°59' 41"E 42 V. 2046, P. 721, D. R, 590R.-\ LOT 6 ILOT 26 ra LOT 7 LOT 25 > r. J M L] W O Z a MAGEL FARMS, LLC a �S� Up �Iz w SECTI❑N 25 N`° 6 = I oA.z°. 0I� �� Qa,cb 00 V'Liw J GE❑, MAGEL ET-UX 'D o w Li U u I CARMEN CASAS z �o 'u w N28°58' 40"E 1869. 63' ° ° d N o _ L❑T 10, SECT 25 I LOT 7 _ 63, 39' x; — °o LOT 25 ° 20, 02 ACRE TRACT, — LOT 8 A '. LOT 24 a o DOE 2006037178, ❑, R. ro 5 Noo I v 5 `�RS4, ZONING TRACT FtS� cu �S 43. 882 AC. S� S28°58' 40'W 653. 73' r.v Ft S28°58' 40'W 1265. 81 719. 90' 545. 91' z — OD 62. 03' � u� -20. 00 CRE TRACT, ai RUSTY BECK RM-2 � v D❑C. 006037179, ❑, R. ° 140' V: 4. 405 AC � r- RM-1 ° APPR❑X C� S28°58' 40"W a a 8, 721 AC N61 01 20 W 402. 82' STARRY R �2 719. 94 2 o LOT 9, SECT 25 LOT 8, SECT 25 w Pd t4 LOT 6, SECT 34 LOT 1, SECT 34 o` m o $4 S67° 16' S2"W OD 2 0; r. p� 162, 88' Ln V' PC M RM-1 ti O- 5 ° N °�— z 8. 721 ACS P 1ST_ ID v I 19, 58 ACRE 61°01' 20"WWrL2r�� � "-N22°43' 08'W V) RUSTY BECK ET UX a 49. 51' m TRACT, D❑C, A 226. 79' LINDA NEE a 0 368. 19' 120' 2012021 105, ❑,7LLU: cu S28'58' 40'W 488, 19' c� N61°O1' 20"W 0 D�, 49. 51' cu ° m RS4, 5 Z❑NI+ TRACT, 95 o I v�2 � 43. 882 AC. �• �' 720. 13' z cu 1085.109' _ z I S28°59' 43'W 1805. 2 ' LOT 5, SECT 34 LOT 2, SECT 34 EDWARD AND DALE GREENBURG & PAMELA CANTU I LOUIS PUGH, JR, EXHIBIT "F" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTIONS 1" = 400' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB-ZONING JOB NO. 10029 SCALE: 1" = 400' PLOT SCALE: SAME PLOT DATE: 2/27/14 SHEET 1 OF 1 PLANNING COMMISSION FINAL REPORT Case No.: 0314-04 HTE No. 14-10000003 Planning Commission Hearing Date: March 26, 2014 a Applicant/Owner: Dorsal Development, LLC c — .o Legal Description/Location: Being a 70.201-acre tract of land out of Lots 7, 8, v a 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34, Flour Bluff and Encinal EL—J y Farm and Garden Tracts, located along the north side of Yorktown Boulevard at Q °a o the intersection of Starry Road. From: "FR" Farm Rural District y To: "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily Q 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3, to the Cr m "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF" Two- Family District on Tract 5. c Area. 70.201 acres � Purpose of Request: To allow development of commercial, multifamily, duplex N and single-family uses. Existing Zoning Existing Land Use Future Land Use District Vacant/Low Density Medium Density Site "FR" Farm Rural Residential Residential and Low Density Residential Low Density U) North "FR" Farm Rural Vacant Residential 0 Medium Density South "FR" Farm Rural and Vacant Residential and Low J "RS-6" Single-Family 6 Density Residential n Medium Density W East "FR" Farm Rural Vacant Residential and Low Density Residential Vacant/Low Density Medium Density West "FR" Farm Rural Residential Residential and Low Density Residential Area Development Plan: The subject property is located within the boundaries cof the Southside Area Development Plan (ADP) and is planned for medium }, density and low density residential uses. The proposed change of zoning to the c "RS-4.5" Single-family 4.5 District on Tract 4 is consistent with the adopted > Future Land Use Plan. The proposed change of zoning to the "CG-2" General ad Commercial District on Tract 1, to the "RM-2" Multifamily 2 District on Tract 2 cL and to the "RM-1" Multifamily 1 District on Tract 3 and to the "RS-TF" Two- 2 Family District on Tract 5 is not consistent with the adopted Future Land Use a Plan. Q Map No.: 041030, 0410297 040030 Zoning Violations: None Case#0314-04 Dorsal Development, LLC Page 2 Transportation and Circulation: The subject property has access to Yorktown Boulevard, which is designated as an "A3" Primary Arterial street. The applicant's preliminary plat proposes two access points to Yorktown Boulevard from the low and medium density developments. A traffic generation calculation c determined an increase of 475 week day PM peak hour trips for the Yorktown Boulevard frontage. The increase is below the 501 trips threshold, therefore a c Traffic Impact Analysis was not required. CL c>s The preliminary plat uses the Oso Parkway as a third access point for the development, which will be a construction requirement of the Urban Transportation Plan during platting. The single-family development will be limited to 160 units until the Oso Parkway is connected to Yorktown Boulevard. The Oso Parkway Plan limits curb cut spacing to every 150 feet along Oso Parkway. Urban Proposed Existing Traffic Street Transportation Section Section Volume � Plan Type d 130' ROW 160' ROW Yorktown A3 Primary 22 paved Q Boulevard Arterial 79 paved no median Q Not Available w/median a� L 80' ROW Not Cn Parkway "P1" Parkway 40' paved existing Not Available w/Bikeway Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; "RM-2" Multifamily 2 District on Tract 2; "RM-1" Multifamily 1 District on Tract 3; "RS-4.5" Single-Family 4.5 District on Tract 4; and "RS-TF" Two-Family District on Tract 5. Development Plan: The 70.201-acre development will consist of commercial uses, high density multifamily uses, low density residential uses and medium density residential uses. The owner proposes to develop 12.229 acres for commercial development of an indoor and outdoor athletic field and a self-storage facility, 13.126 acres for multifamily apartments, 43.882 acres for single-family housing and 0.964 acres for duplex development along future Oso Parkway. Existing Land Uses & Zoning: The majority of the subject property is vacant and zoned "FR" Farm Rural, except for two single-family residential uses. North of the property is vacant land that is zoned "FR" Farm Rural District. South of the subject property across Yorktown Boulevard is vacant land that is zoned "RS-6" Single-Family 6 District and "FR" Farm Rural District. East of the subject property is vacant land that is Case#0314-04 Dorsal Development, LLC Page 3 zoned "FR" Farm Rural District. West of the subject property is vacant land and a single-family use that is zoned "FR" Farm Rural District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property will require replatting with all infrastructure constructed in accordance with the Comprehensive Plan and Master Plans. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Southside ADP and the proposed rezoning to the "RS-4.5" on Tract 4 is consistent with the adopted Future Land Use Plan, which slates the property for medium density and low density residential uses. Although the proposed rezoning of the other four Tracts is not consistent with the adopted Future Land Use Plan, the proposed rezoning supports key policies of the Comprehensive Plan and ADP, such as: 1. High Density Residential development (more than 21 units per acre) should be located with direct access to arterials (Residential Policy Statement D). 2. The Unified Development Code requirement to buffer incompatible uses will promote better protection when two uses of differing intensity abut each other (Land Use Policy Statement B.5). The buffer implementation protects the proposed low density residential use abutting the proposed commercial uses. 3. The single-family development in the proposed "RS-4.5" Single-Family 4.5 District will promote opportunity for affordable housing and help the city meet federal measures to other housing types (Housing Policy Statement H) 4. The public improvement requirements will assist in completing the water system grid in the southeastern portions of the Southside Area Development Plan area by extending and connecting water lines along Yorktown Boulevard (Water System Policy Statement D.7). Department Comments: • The rezoning is consistent with the policies of the Comprehensive Plan. • The property to be rezoned is suitable for the proposed uses. • The impact of the commercial uses and high density residential uses will be minimal due to the commercial development and apartments having direct access to Yorktown Boulevard. The implementation of the buffer requirements will also minimize the impact to the low density residential Planning Commission and Staff Recommendation (March 26, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1 District on Tract 3, to the "RS-4.5" Single-Family 4.5 District on Tract 4; and to the "RS-TF" Two-Family District on Tract 5. K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0314-04 Dorsal Development, LLC\Council Documents\0314-04 Report for CC, Dorsal Development, LLC.docx Case#0314-04 Dorsal Development, LLC Page 4 Number of Notices Mailed — 16 within 200-foot notification area; 2 outside notification area 0 As of April 2, 2014: In Favor — 1 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.0% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) Site Plan a A ti 10 5 C, O N " O N v. SUBJECT PROPERTY TRACTx4 12 1 3 9 3 15 13 TRACT/5 1 TRACT,3 s ko Nei Vp a� TRAC P2 0= 4 0 $ RA T,,1 Q 0 /�O M �� 14 Date Created:3/12/2014 0 400 800 Prepared By:jeremym Feet Department of Development Services CASE: 0314-04 ZONING & NOTICE AREA 0 RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial Ok o Del Oso RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay �Oa Cay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 SUBJECTe-�``�c<FN CN-1 Neighborhood Commercial RS-4.5 Single-Family4.5 PROPERTY °a�oR CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 �TOtyy R�ee�4 CR-2 Resort Commercial RE Residential EstateIllllllllllll -TH CG-2 General Commercial SP Special Permit i IIIIIIIIIIIIIIIII mmuuo uuuo �A���F<oo Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial N 080CRFF� FR Farm Rural H Historic Overlay - BP Business Park p,;.��-,g Subject Property Owners S City of with 200'buffer Din favor �+�1T =MAP �� C01PUS 4 Owners within 200'listed on Owners LOCAI ION IY Ar- Christi attached ownership table in opposition Attachment "A" urc an a o ow ism Bill ou oil J _ - 1;1�Vic" GVOd Hqnois �3— a oz n. 90 1: W N H �1 W 7 0 �V'l 1'0�0'666�1�'��O'G ...... ....... . �sIa�l a0 A-11\ sN---77 n -7 10 0 o_- o3xG Qry 0 o Y N w— o FiT 01 .2 om o 01 URI I VIII II as c o \N "fit Gu SAS �Sm o0 fJ o nt :2 1 '0 0, 18 W A W 41 @ uw o ON ibl .---......... .............. 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Al nn Y,A U 'Gnu av J .H u OR RNI 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of April 22, 2014 Second Reading Ordinance for the City Council Meeting of April 29, 2014 DATE: March 27, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Residential to Commercial By ZEBA, LLC Property Address: 11930 Leopard Street CAPTION: Case No. 0314-03 ZEBA, LLC: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from low density residential to commercial uses. The property is described as being a 5.864-acre tract of land out of Tract 11 of the Partition of the Estate of John B. Harney, located between Leopard Street and Interstate Highway 37, approximately 1,200 feet east of Callicoatte Road. PURPOSE: The purpose of this item is to rezone the property to allow for commercial and multifamily uses. RECOMMENDATION: Planning Commission and Staff Recommendation (March 26, 2014): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District to allow commercial and multifamily uses on the property. The proposed rezoning would allow uses such as offices, retail sales, restaurants, multifamily developments, overnight accommodation and indoor recreation uses. The property to be rezoned is suitable for the proposed uses. The proposed rezoning would be an expansion of the "CG-2" General Commercial District immediately to the west and east. The proposed rezoning is consistent with the Comprehensive Plan and the Future Land Use Plan's designation of the property for commercial uses. The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties and properties south across Leopard Street. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the Comprehensive Plan and Area Development Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by ZEBA, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 5.864-acre tract of land out of Tract 11 of the Partition of the Estate of John B. Harney, from the "RS-6" Single- Family 6 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of ZEBA, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 26, 2014, during a meeting of the Planning Commission, and on Tuesday, April 22, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by ZEBA, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 5.864-acre tract of land out of Tract 11 of the Partition of the Estate of John B. Harney, located between Leopard Street and Interstate Highway 37, approximately 1,200 feet east of Callicoatte Road (the "Property"), from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District (Zoning Map No. 063050), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 2 of 2 0314-03 Ordinance,ZEBA,LLC STATE OF TEXAS JOB NO.14-1241 COUNTY OF NUECES 5.864 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi,Texas,same being out of Tract 11 of The Partition of The Estate of John B.Harney as recorded in Volume 6, Page 29 of the Map Records of Nueces County,Texas, same being a portion of the property called 6.3785 acres and as recorded in Document No. 2008015117 of the Gift Warranty Deed Records of Nueces County,Texas,and being more particularly described by metes and bounds as follows,to wit: BEGINNING at a one inch iron pipe found for the South corner of this tract,same lying NORTH 37 degrees 29 minutes 00 seconds EAST 40.09 feet from the South corner of said Tract 11,same lying in the Northeast right-of-way margin of Leopard Street; THENCE,along said Northeast right-of-way margin of Leopard Street,NORTH 56 degrees 26 minutes 03 seconds WEST 298.81 feet to a'/inch iron pipe found for the Southwest corner of this tract,same being the South corner of Lot 1,Block F,Hart Addition as recorded in Volume 57,Page 153 of the Map Records of Nueces County, Texas; THENCE, along the common boundary line of this tract with said Lot 1, Block F, NORTH 37 degrees 29 minutes 14 seconds EAST 300.38 feet to a 114 inch iron pipe found for an interior corner of this tract, same being the East corner of said Lot 1, Block F,same being the South corner of a 0.50 acre tract as described and conveyed in a Warranty Deed under Clerk's File No. 2000025065 of the Official Public Records of Nueces County,Texas; THENCE, along the Southeast boundary line of said 0.50 acre tract, NORTH 37 degrees 22 minutes 24 seconds EAST 72.31 feet to a 5/8 inch iron rod found for an interior corner of this tract,same being the East corner of said 0.50 acre tract; THENCE, along the Northeast boundary line of said 0.50 acre tract, NORTH 56 degrees 20 minutes 32 seconds WEST 299.64 feet to a 5/8 inch iron rod found for the West corner of this tract, same lying in the Northwest boundary line of said Tract 11,same lying in the Southeast boundary line of a 5.126 acre tract out of Tract 12 of said John B. Harney partition and recorded in Volume 1625, Page 506 of the Deed Records of Nueces County,Texas; THENCE, along the common boundary line of this tract with said 5.126 acre tract, NORTH 37 degrees 38 minutes 12 seconds EAST 177.48 feet to a 5/8 inch iron rod found for the North corner of this tract, same being the East corner of said 5.126 acre tract,same lying in the South right-of-way margin of Interstate Highway 37; THENCE, along said South right-of-way margin of Interstate Highway 37,SOUTH 68 degrees 15 minutes 30 seconds EAST 620.56 feet to a 5/8 inch iron rod found for the East corner of this tract,same being the North corner of a 4.386 acre tract out of Tract 10 of said John B.Harney partition; THENCE, along the common boundary line of this tract with said 4.386 acre tract, SOUTH 37 degrees 31 minutes 53 seconds WEST 678.13 feet to the point of beginning and containing 5.864 acres of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA,Condition II Land Survey. Dated this the day of '`���-r 2014. Ronald A.Voss, Registered Professional Land Surveyor No.2293 a„ �. n4q no� � a Exhibit "A" \11— 6�p.561� O 67 GS o U M [y x z� O�? w Fz O^H \ 5.864 AC. t; E \ BROKEN SCALE H Z P4 C11 6.362 AC.TOTAL x~ �o OUT OF TRACT 11 >: N 17� n� 00 °oCn N N p Cp WW °Or- Cq 00 (N 56°20'32"W 299.64 _ 00 c, W O cn MN C)L11) L�[� ZV N m CT n m cn 0.498 AC. a 77 r 0 0 C�C C c7i M M G u� SET 5/8"I.R. tl ^^ FD.3/4"I.P. 0 [N 56° 17' 30"W 300.00'] M°o (N 560 25'28"W 300.00') 0 0 Q o0 cn CC) 0 2.061 AC. W W HART ADDITION - - LOT 1,BLOCIC F r fl V.57,P.153(M.R.N.C.T.) 2N G1 N N M c 1 FD.1"I.P. FD.'/.'I.P. To .._,_. .__ [N 56° 17' 30" W 298.641 CALLICOATTE (N 560 26' 03" W 298.81') IN 3r 29'00"E 40.091 ROAD S.COR.OF TRACT'11 LEOPARD STREET ('I<A STATE HIGHWAY NO.9) This property lies within Zone C, according to FIRM 85,which is NOT within the 100 year Flood Plain. �9n I,Ronald A.Voss,a Registered Professional land Surveyor,do hereby canny that this survey was made on the ground of the property shown hereon under my direction and supervslon;that it is my knoeledge and PD��^�¢P" be lief,that there are no appamnl enwachments a overlapping of „.h ImpmementsMth tha deed Ines excepl as shown hereon.This Survey „Al. was performed without the benerd of a TIM Policy or THM Opinion. �/pM Aq t NOT VALID WITHOUT ORIGINAL NOTES: ROI"I't D V (1.)Found 5/8"I.R.@ all lot comers unless noted otherwise. f SIGNATURE AND ORIGINAL SEAL. (2.)House Ties are to the foundation. MQ„' " PAGE 2 OF 2 Registered Professional Land Surveyor Stale of Texas No.2293 DATE: 02/04/2014 REVISION: 03/05/2014 6.362 Acres Out of Tract 11 of The Partition of The Estate of John B. Harney CREW: RS&DL Volume 6 Page 29 (M.R.N.C.T.) &As in Doc. No. 2008015117 (G.W.D.R.N.C.T.) OFFICE: RV&OA g GF#: - Corpus Christi,Nueces County,Texas JOB#: 141241 KEY: WOOD FENCE VOSS ENGINEERING, INC. [RECORDED] WIRE (MEASURED) ENGINEERING&LAND SURVEYING 6838 GREENWOOD DRIVE,CORPUS CHRISTI,TEXAS 78415 VINYLFEN PHONE:361.854.6202 FAX: 361.853.4696 Exhibit "B" PLANNING COMMISSION FINAL REPORT Case No.: 0314-03 HTE No. 14-10000007 Planning Commission Hearing Date: March 26, 2014 c Applicant/Owner: ZEBA, LLC o Legal Description/Location: Being a 5.864-acre tract of land out of Tract 11 of 0 ,2- the Partition of the Estate of John B. Harney, located between Leopard Street a_J 5 and Interstate Highway 37, approximately 1,200 feet east of Callicoatte Road. CL 0 }, From: "RS-6" Single-Family 6 District To: "CG-2" General Commercial District 'o Cr Area. 5.864 acres N Q Purpose of Request: To allow construction of a multifamily and commercial development. Existing Zoning Existing Land Use Future Land Use District Site "RS-6" Single-Family 6 Vacant Commercial � Low Density North "RS-6" Single-Family 6 Vacant Residential 'c y "CN-1" Neighborhood io Medium Density Medium Density Commercial and "RS- South TF/SP" Two-Family with Residential and Residential and a Special Permit Commercial Commercial East "CG-2" General Vacant Comm rcial w Commercial "CG-2" General Vacant and West Commercial and "RS-6" Commercial Single-Family 6 Public/Semi-Public Area Development Plan: The subject property is located within the boundaries cL c of the Northwest Area Development Plan (ADP) and is planned for commercial uses. The proposed change of zoning to the "CG-2" General Commercial a c District is consistent with the adopted Future Land Use Plan. a Map No.: 063050 Zoning Violations: None c ° Transportation and Circulation: The subject property has access to Leopard Street, which is an "A2" Secondary Arterial street. The subject property will not ° have access to Interstate Highway 37 due to the lack of frontage road. CL c c� L Case#0314-03 ZEBA, LLC Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume � Plan Type � 160' ROW ( ) ' Leopard "A2" Secondary 54 ROW 100' E 6,715 paved 20 }' Street Arterial 54' paved w/median ADT w/median W 7,151 ADT L Cn 400' ROW Interstate Freeway Paving 350' ROW No frontage Highway 37 Varies 120' Paved road Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District to allow construction of multifamily uses and a commercial retail use. Development Plan: The 5.864-acre development will consist of a multifamily use and a commercial use. The owner proposes to develop a portion of the lot with six 12-unit apartment buildings giving a density of 12.28 units per acre that is well below the maximum 37 units per acre allowed by the "CG-2" General Commercial District. The total area of each three-story apartment building is approximately 9,000 square feet. The development will also consist of a retail shopping center along the frontage. The building for the retail center is a single-story 6,000 square feet structure. The "CG-2" District would require the rear and side yard setback along the west boundary to be a minimum of ten feet. There is no buffer yard requirement for the east boundary of the lot since the adjacent lot is zoned "CG-2" General Commercial. A Type C buffer yard, which consists of a 15-foot wide buffer yard and 15 buffer points, would be required along the west property boundary adjacent to the residential district. Existing Land Uses & Zoning: The subject property is vacant and zoned "RS-6" Single-Family 6. North of the subject property and across Interstate Highway 37 is undeveloped property zoned "RS-6" Single-Family 6. South of the subject property is an apartment complex zoned "RS-TF/SP" Two-Family District with a Special Permit. The Special Permit allows the higher density multifamily use in the Two-Family District. Also south of the property is a convenience store on a corner lot zoned "CN-1" Neighborhood Commercial. East of the subject property is vacant land zoned "CG-2" General Commercial. The west portion of the property is adjacent to a Veteran of Foreign War Post zoned "CG-2" General Commercial and adjacent to vacant land zoned "RS-6" Single-family 6. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Case#0314-03 ZEBA, LLC Page 3 Plat Status: The subject property will require a replatting with all infrastructure and public improvements constructed in accordance with the Comprehensive Plan and Master Plans. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP) and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for commercial uses. Additionally, the proposed rezoning compliments pertinent elements of the Comprehensive Plan and Area Development plan such as: 1. Medium-density residential development (10 to 21 Units per acre) should be located in areas with convenient arterial access. (Residential Policy Statement F). 2. Infill Development should be encouraged on vacant tracts within developed areas. (Residential Policy Statement H. 3. Commercial development of a small scale for convenience shopping needs is necessary and desirable to serve the outlying portions of the Plan Area. (Northwest ADP Policy Statement B.1 D). Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan and the Future Land Use Plan's designation of the property for commercial uses. • The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the west and east. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed development. • This rezoning does not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation (March 26, 20141 Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. Number of Notices Mailed — 9 within 200-foot notification area; 1 outside notification area 0 As of April 2, 2014: In Favor — 1 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.0% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0314-03 ZEBA, LLC\Council Documents\0314-03 Report for CC,ZEBA, LLC.docx CG - 2 C444ic4 0 jy 3 CgLIICpq�,E_ FFROMiy 13>�ccFSSgcC T 0 IN 3j RMp RMp iy 3�FR WY SUBJE VT ° iy3�FR PROPERTY '1''' RS - 6 O 5 CG-2 2 �FpA C G - 2 4 O 3 6 0 a F " C'N RS - 1 - TF N SP/$4- 03 �S CN- 1-,, S P18 4 - 02 R S - T F Date Creat d:3/12/2014 0 N 400 800�� Prepared By:leremym F.DTJ 8 4- 0 3 . Department of Development Services CASE: 0314-03 SUBJECT PROPERTY WITH ZONING i ® Subject Property �:� �, SUBJECT I PROPERTY RM-1 Multifamily 1 IL Light Industrial iVUeces ==Rw�. RM-2 Multifamily 2 IH Heavy Industrial ��� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 $ ,,,,,,,,, RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial P� RS-15 Single-Family 15 y p CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse / P CG-2 General Commercial Special Permit N 0 SP CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home FIR Resort Commercial V FR Farm Rural S City Of m H Historic Overla Corpus y Christi BP Business Park LOCATION MAP �. -000 JOID .......�....m........ . - ►:+Y. ,,. ors ,�' .� .�� '� � . .r � ..._ � . ,��I w •- .' 7 r •/✓ /gyp irA �« pv,.. .�` ' •�,o FrJP • .� °W..45,.864 Acres �, .. ��� a °;r •,r �a•O /.�' �` + ^tar•'A � �d��i°f � �� �•e'm•�a .a ,�"� ,-=::';i' ® : ®a ." �tl st rd r4mre •r' F Site Plan HT „,....0 �M ,� � i, � � d a"t� � � ,� uaco �1,� � � y � ��, �,, �� �. b �� �. � � � �,�� ��� '�r it `� �� �V � � ��r l ,��� ��� � 4� � ' u y J 1 Y � �A ' �' "� a r l k F i Q `9r. �, � , m � n � � � � � a `; , ��m ,� � p � w� ti�, g �� ��. �Vd �`�� win ��' y a r ,; ^�, � , ��1� � �� '�” ` � �� kw �i �; a.",,II �:� '� �i� rrr� ����a �i6 i ��� I Ord �r� iR � rt� �r��, 1 V y, Cry I l ��� & ���'�� ��, 'F �, w ���, i,� � i1y� i i i� I,� d����V� ,� �„ ��s � �� i :P: p _P -�� c,�� �� ; + � ,� � ���,, ,�;- � ,,�i�rfaF �M �v,^ ��� R�°a�B���a�l� C ' M s" ���� /^� �1 � �� CW �1 ��o�I� �1��f ���"3 W 4a�� f�f J q i/J�° JDIN�i, 3 d ,i ,�� ��� /i q� q� �i� �li` fjii ��r,�i "� � i /fa� � ""� � � r �� ��� � i�� �J ���/^r/ � a *�. h ,J � r�NB�4 ;r„ ...,.,.,,,,: V., ,./,, a>� .... ...... .......... l Fl, sI � L] El It QI. { 4¢I v $ A " M� !rvnRwVUUmwwrvr-„"yme. qq;�.•P �'. PL.'4 't1, %r �''`' to' ✓ ' V J °" krM1'w. w< fl kYNU f gl a.„ry d AGENDA MEMORANDUM �oaPOwR,ko First Reading Ordinance for the City Council Meeting of April 22, 2014 2852 Second Reading Ordinance for the City Council Meeting of April 29, 2014 DATE: March 21, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydspcctexas.com 886-2604 Accepting and appropriating the HIDTA grant award for the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $165,700 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $165,700 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 18th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2014 — 12/31/2015. There are no matching funds required.. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 165,7001 1 165,700 BALANCE 165,7001 1 165,700 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$165,700 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's rote in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four(4) Corpus Christi Police Officers, and four(4) lease vehicles; and appropriating the $165,700 in the No. 9061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of$165,700 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four(4) Corpus Christi Police Officers, and four(4) , lease vehicles. SECTION 2. That$165,700 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four(4) Corpus Christi Police Officers, and four(4) lease vehicles. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 0 March 17, 2014 Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Simpson: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G 14HN0006A) has been awarded in the amount of$165,700. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston HIDTA and approved by the Office of National Drug Control Policy(ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant,you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash-on-hand. Should your organization not adhere to these terms and conditions,ONDCP may terminate the grant for cause or take other administrative action. If you accept this award,please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact Dan Grayson at (202)395-6692. Sincerely, Michael K. Gottlieb Enclosures National HIDTA Director Executive Office of the President Office of National Drug Control Policy Grant Agreement I. Recipient Name and Address 4. Award Number: GI4HN0006A Chief Floyd Simpson Corpus Christi Police Department 5. Grant Period: From 01 101/2014 to 12/31/2015 321 John Sartain Street Corpus Christi, TX 78403 IA. Recipient IRS/Vendor No.: 1746000574A5 6. Date: 3/17/2014 7. Action Subrecipient Name and Address 8. Supplement Number �X Initial Supplemental 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount: 3. Project Title 10.Amount of This Award: $165,700 Texas Coastal Corridor Initiative(TCCI) 11.Total Award: $165,700 12. The above Grant is approved subject to such conditions or limitations as are set forth on the five attached pages. 13. Statutory Authority for Grant: Public Law 113-76 AGENCY ,EPPRQVAL „ RECIPIENI',ACCEIPTANCE 14. Typed Name and Title of Approving Official 15.Typed Name and Title of Authorized Official Michael K. Gottlieb Floyd Simpson National H1DTA Director Corpus Christi Police Department 16. Signature of Approving ONDCP Official 17. Signature of Authorized Recipient/Date AGENCY'USE ONLY .,. .. .... 18. Accounting Classification Code 19.H1DTA AWARD DUNS: 069457786 OND 1070DB 1415XX OND6113 EIN: 1746000574A5 OND2000000000 OC 410001 Grant G 14HN0006A Page 2 of 5 GRANT CONDITIONS A. General Provisions 1. This grant is subject to Title 2 of the Code of Federal Regulations,as well as the following: • by reference, the provisions of the Office of Management and Budget(OMB) circulars and government-wide common rules applicable to grants and cooperative agreements. These circulars and common rules include the following: ' OMB Circular A-21 "Cost Principles for Educational Institutions."(Codified at 2 CFR Part 220) • OMB Circular A-87"Cost Principles for State, Local,and Indian Tribal Governments." (Codified at 2 CFR Part 22 5) ' OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments."(Codified at 21 CFR 1403) ' OMB Circular A-110"Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations." (Codified at 2 CFR Part 215) ' OMB Circular A-122 "Cost Principles for Nonprofit Organizations."(Codified at 2 CFR Part 230) ' "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Units of Governments,"(Codified at 21 CFR Part 1403) • Grants Management Common Rule for State and Local Units of Governments,"(Codified at 21 CFR Part 1404) • "Government-wide Debarment and Suspension(Nonprocurement),"(Codified at 21 CFR Part 1404) ' "Government-wide Requirements for Drug-free Workplace (Financial Assistance)" (Codified at 21 CFR Part 1405) ' "New Restrictions on Lobbying" (Codified at 28 CFR Part 69) 2. Audits conducted pursuant to OMB Circular A-133, "Audits of State and Local Governments", must be submitted no later than 9 months after the close of the grantee's audited fiscal year. A copy of the audit report and management letter must be sent to: EOP/ONDC P Attention: Michael Reles GSD/RDF (202) 395-6608 Anacostia Naval Annex Bldg 410/Door 123 250 Murray Lane, SW Washington, DC 20509 or: mreles @ondcp.eop.gov Grant G 14HN0006A Page 3 of 5 3. Grantees are required to submit Federal Financial Reports (FFR)to the Department of Health and Human Services, Division of Payment Management(HHS/DPM). Other reporting requirements are specified in the HDDTA Program Policy and Budget Guidance. 4. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 5. Recipients of H1DTA funds are not agents of ONDCP. Accordingly, the HDDTA, its fiscal agent (s), H1DTA employees, HDDTA contractors, as well as state, local, and federal HDTA participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. 6. Grantees and subgrantees are advised of the new OMB grants"supereireular," Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards, some provisions of which may begin to supersede the provisions of pre-existing OMB grants circulars over the term of this grant. ONDCP will also be adopting conforming regulations in 2014. ONDCP will provide you with updates moving forward. For more information about the supercircular, please visit www.cfo.gov/COFAR, which includes links to related online training and FAQs. B.Special Conditions H1DTA Grants The following special conditions are incorporated into each award document. 1. This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's H1DTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HDDTA Program Policy and Budget Guidance. 3. No H1DTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23,which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of H1DTA Program funds for confidential expenditures; i.e. the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6-12 of the H1DTA Program Policy and Budget Guidance. Grant G 14HN0006A Page 4 of 5 6. The grant recipient agrees to account for and use program income in accordance with the "Common Rule" and the HIDTA Program Policy and Budget Guidance. Asset forfeiture proceeds generated by the HIDTA-funded initiatives shall not be considered as program income earned by HIDTA grantees. 7. Property acquired with these HIDTA grant funds is to be used for activities of the Houston HIDTA. if your agency acquires property with these funds and then ceases to participate in the HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 8. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory DatabaseMational Seizure System at the El Paso Intelligence Center. C. Payment Basis 1. A request for Advance or Reimbursement shall be made using the HHS/DPM system (www.dpm.psc.gov). Copies of invoices or payroll registers must accompany the payment confirmation number to provide documentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted within 21 days and before another advance or reimbursement will be approved. 2. The H1DTAs,or their respective grantees, must utilize the HIDTA program Financial Management System's(FMS) Disbursement module each time they submit a disbursement request to the NHAC. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered into the FMS. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act(31 U.S.C. 6501 et seq.) and the Indian Self-Determination Act (23 U.S.C.450), grantees and subgrantees shall promptly, but at least quarterly,remit interest earned on advances to HHSIDPM at the address provided below. When submitting your checks, please provide a detailed explanation which should include: reason for check(remittance of interest earned on HIDTA advance payments), check number,grantee name, grant number, interest period covered, and contact name and number. Ms. Janet Morgan Division of Payment Management Department of Health and Human Services Via U.S. Postal Mail: Via FedEx: P.O. Box 6021 7700 Wisconsin Avenue Rockville, MD 20852 10th Floor Bethesda, MD 20814 Grant G 14HN0006A Page 5 of 5 4. The grantee or subgrantee may keep interest amounts up to S 100 per year for administrative purposes. RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Signature: Date: Name: Floyd Simpson Organization: Corpus Christi Police Department a CDo 0 z C7 c 0 y R v C Cr G C 0 n ui n � to ui vi %o to 0 M E 0 ^ afii u L3 a CL v � u o c o V R a v 'R WA m CL im IN Ake Q o "; O p N t,w,,,,, < = = Budget Deta'111111 2014 - Houston Inittative. . ....I leXaS CGia., sitall Can idair Inkiii-ative (TOIC1) Awair-cl Illl tecipient CIE.Yr,11pilis Chiris'llLi 11POofire Departirrien't (1G14W1M()001&A'� learn urce Recilplent - Coripius (!.J1-,Uih1Is1::! IPcMi cie. Depliairtirnent ...................................................................................................11.1..........1 1.1-11..... Awarded Budget(as approved by ONDCP) $165,700.00 DUN 10101,00 Administrative Staff 1 $36,500.00 Analyst- Program 1 $34,500.00 Total Personnel $71,000.00 111P1 1111 I MI, �1:1, Administrative staff $14,500.00 Analyst- Program 1 $13,800.00 Total Fringe $28,300.00 Investigative- Law Enforcement Officer 4 $35,600.00 Total Overtime $35,600.00 Equipment rentals $2,000.00 Vehicle allowance 4 $28,800.00 Total Services $30,800.00 .................................................................................................................... .......... .............--, Total Budget $165,700.00 Page 1 of 1 3/20/2014 2:06:55 PM SC O AGENDA MEMORANDUM ,NC First Reading Ordinance for the City Council Meeting of April 22, 2014 1852 Second Reading Ordinance for the City Council Meeting of April 29, 2014 DATE: April 4, 2014 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Adjustment increase of $15,000.00 to the 2012 State Homeland Security Grant Program (SHSP) which increasing the total from $60,678.80 to $75,678.80. CAPTION: Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $60,678.80 to $75,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,000.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. PURPOSE: These grant funds are used to provide emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man-made, natural disaster, and acts of terrorism. BACKGROUND AND FINDINGS: The Texas Department of Public Safety, Texas Homeland Security State Administrative Agency has informed the City of Corpus Christi that our jurisdiction has been awarded an increase to the State Homeland Security Program grant in the amount of $15,000. This increases the total from $60,678.80 to $75,678.80. Since 2004 the U. S. Department of Home Security has annually issued grants to the State of Texas who in turn awards the grants to municipalities through its Homeland Security Program. ALTERNATIVES: If we do not accept the grant award, we will have limited emergency response and security capabilities. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval of Ordinance is needed to accept and appropriated grant award. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating o Revenue o Capital o Not applicable .............................................................................................................................................................................. _...._ Project to Date Fiscal Year: 2013- Expenditures 2,014 �CIP onI Current Year Future Years TOTALS ..................................................................................................................................................................._........... Line Item Bud et $60,678.80 $60,678.80 ............ .......... Encumbered / E.x.pended Amount �..................................... 0 0 This item $15,000.00 $15,000.00 ............................................................................................................................................................................................................................................................................................... . BALANCE $75,678.80 $75,678.80 ............................................................................................. ................_....... Fund(s): Fund 1062 Fire Grants Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the increase adjustment of$15,000.00 to the 2012 State Homeland Security Grant Program (SHSP), increasing the total from $60,678.80 to $75,678.80. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Adjustment Notice Ordinance Authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $60,678.80 to $75,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,000.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities Be it Ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Mayor or designee is authorized to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) increase the amount from $60,678.80 to $75,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP). Section 2. That $15,000.00 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of -, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Hue rta Nelda Martinez City Secretary Mayor Melanie Cooper From: GAN @TexasDPA.com Sent: Monday, March 31, 2014 1:36 PM To: Melanie Cooper Cc: john @cbcog98.org; mark @cbcogem.org Subject: Grant Adjustment Notice has been RELEASED for City of Corpus Christi Attachments: GAN_12451.pdf A Grant Adjustment Notice (GAN) has been RELEASED by the SAA or Region for City of Corpus Christi - 2012: Subgrantee: City of Corpus Christi GAN Type: 2012 Grant Adjustment GAN Date: 31-Mar-14 Due Date: 15-Apr-14 Original Amount: $60,678.80 New Amount: $75;628:80 Delta: $15,000.00 e e Enhance Capabilities to Respond to CBRNE 2012 SHSP $0.00 $15,000.00 $15,000.00 Events 2012 SHSP-2SHSP063 From To Grant Start Date: Sep 012012 Sep 012012 Grant Close Date: Mar 15 2014 Jun 30 2014 Reason for Funds added GAN: Reason Funds reallocated by the CBCOG Homeland Security Advisory Committee. Comment: Attached is a copy of the required GAN paper work. Please print a copy; then have the appropriate individual sign wt designated and return the signed copy to the return address on the GAN. (Retain a copy of the signed document for y( records.) If you have any questions concerning this e-mail please contact the SAA. NOTE: The GAN process is not complete until the SAA receives a signed copy of this GAN. All activities on this gr frozen until the GAN is completely processed. Please attend to this matter as soon as possible. I �vs cx 0 ok� Y AGENDA MEMORANDUM A`OAFOnAj4o First Reading Ordinance for the City Council Meeting of April 22, 2014 Second Reading Ordinance for the City Council Meeting of April 29, 2014 DATE: 3/18/2014 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An n ette R @cctexas,cam 361-826-7203 Women, Infants and Children (WIC) grant FY 13-14 Approval of grant amendment to extend contract and increase funding CAPTION: Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $470,578 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2014 thru September 30, 2014; and to ratify acceptance of the grant extension amendment to begin as of April 1, 2014, PURPOSE: The WIC's Grant amendment allows the Health District division to educate and help improve the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition-related risks. BACKGROUND AND FINDINGS: The special supplemental nutrition program for WIC is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition- related risks. This item approves an amendment extending the contract with the DSHS to provide services at the Corpus Christi-Nueces County Public Health District (CCNCPHD) to over 5,000 low income clients per month. The term of the initial contract was 10/1/2013 thru 3/31/2014 but with the approval of a 6 month extension, the contract term will begin on 10/01/2013 through 09/30/2014, with an increase in funding in the amount of $470,578 changing the total amount of funding from $447,758 to $918,336. No matching funds required. ALTERNATIVES: Discontinue WIC Program at the CCNCPHD OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY I NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: CCNCPHD Legal Finance-Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only). Current Year Future Years TOTALS Line Item Budget $ 447,758 $ 447,758 Encumbered 1 Expended Amount This item $470,578 $470,578 BALANCE $ 9'18,336 $ 918,336 Fund(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Contract No. 2014-045103-001 Ordinance Letter of Amendment Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of$470,575 from the Texas Department of State Health Services in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2014 thru September 30, 2014; and to ratify acceptance of the grant extension amendment to begin as of April 1, 2014. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of$470,578 from the Texas Department of State Health Services in the Health Grant Fund No. 1 066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2014 to September 30, 2014, therein changing the term of the contract from October 1, 2013 thru March 31, 2014 to October 1, 2013 thru September 30, 2014. Additionally the City Council ratifies acceptance of the grant extension amendment to begin as of April 1, 2014. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor DEPARTMENT OF STATE HEALTH SERVICES S�1-T E - I 1 Amendment The Department of State Health Services (DSHS) and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor) agree to amend Program Attachment# 001 (Program Attachment)to Contract# 2014-045103 (Contract) in accordance with this Amendment No. QQIA: NSS/WIC LOCAL AGENCY, effective 03/03/2014. The purpose of this amendment is to extend contract period from 3/31/14 to 9/30/2014, revise paragraph M in Section I and the administrative rate in Section VIII, and increase funding. Therefore, DSHS and Contractor agree as follows: Change Program Attachment Number as follows: PROGRAM ATTACHMENT NO. AAA 001A Contract Term Date is revised to read as follows: TERM: 10/01/2013 THRU: n2i2� 09/30/2014 SECTION I. STATEMENT OF WORK, first paragraph, sub-paragraph M, is replaced with the following: M. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) or equivalent telecommunications equipment at all Contractor WIC clinics and administrative offices using Texas-WIN software on a network or stand alone personal computer. Installation at all Contractor permanent WIC sites is required. VSAT or other telecommunications equipment installations for new sites or sites moving from one location to another requires a minimum of 4-5 60 days notice. SECTION VIII. SPECIAL PROVISIONS, General Provisions, Payment Methods and Restrictions Article, Section 4.01, Payment Methods, first paragraph under the heading PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT, is revised as follows: During the term of the Program Attachment, Contractor shall earn administrative funds at the rate of$12.34 $12.60 for each participant served as defined above. Page - I of 2 SECTION VII. BUDGET, is revised as follows: SOURCE OF FUNDS: CFDA# 10.557.001; 10.557.013 DUNS NUMBER: 069457786 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed$400$918,336.00. All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. Department of State Health Services CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) Signature of Authorized Official Signature of Authorized Official Date: Date: Evelyn Delgado Name: Assistant Commissioner for Family and Community Health Title: Services Address: 1100 WEST 49TH STREET AUSTIN,TEXAS 78756 512.776.7321 Phone: Evelyn.Delgado @dshs.state.tx.us Email: Page -2 of 2 N TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1 100 West 49th Street•Austin,Texas 78756 P.O.Box 149347•Austin,Texas 78714-9347 DAVID L.LAKEV,M.D. 1-888-963-7111 •ww"-.dshs.state.tx.us COMMISSIONER TDD: 1-800-735-2989 Letter of Amendment February 28, 2014 Ms. Christina Zamarripa,WIC Director LA#38, Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi,Texas 78416 Dear Ms. Zamarripa: An amendment to your FY 2014 WIC contract,extending the effective dates from October 1, 2013 through September 30, 2014, is being prepared currently. This letter is a notification of additional funding that will be added to your contract in order to support the extension. A formal contract amendment will be sent to your agency confirming this. The funds will not be available until this signed amendment has been returned to this office. Effective April 1, 2014 your agency's new per participant rate will be$12.60. To help your agency with budgeting, we have provided the following table outlining the increased funding and total contract"not-to- exceed"amounts for the period October 1, 2013 through September 30, 2014: WIC Benny Jasso Funding hen n y.'assoC!?dshs.state.tx.us $389,258.00 $388,078.00 $777,336.00 (512)341-4573 Peer Kristina Arrieta Counselor kristina.arrieta@dshs.state.tx,trs $30,000.00 $42,000.00 $72,000.00 (512)341-4593 Registered Angela Gil Dietitian angela itce�dshs.state.tx,us $20,000.00 $28.000.00 $48,000.00 (512)341-4590 Obesity Angela Gil Prevention angela.gi]Codshs.state.tx.us $8,500.00 $8,500.00 $17,000.00 (512)341-4590 Lactation Lindsey Randall Services Lindsey.randall @dslrs.state.tx.us $0.00 $4,000.00 $4,000.00 (512)341-4594 Revised Total Contract"Not to Exceed"Amount An Equal Employment Opportunity Employer and Provider Ms. Christina WIC Director LA#38, Corpus Cbhyd-NmzeaCounty Public Health District February 28. 2U14 Page Please note that contract language stipulates that your reimbursement is"based upon the sum of the participants who actually receive food instruments each month plus infants who do not receive any fond instruments wboscbo:uatfeeding 000tbcca were participants to the extent that the total so derived does not exceed Contractor's 0otu) assigned caseload within any given month." Funds are awarded with the understanding that any procurements using these funds will boiocompliance with the Uniform Grant Management Standards(UGMS), WIC policies, and 7 CFR Part 3016. This letter is approval for funding only.8t does not relieve the agency from seeking additional approvals as required by WIC Policy. In order for the State Agency to track these expenditures, please bill for each of these projects ooseparate State o/Texas Purchase Vouchers(D'73). To capture all special jeotexpenditures,000duutkr bill onu acparuo� voucher once you exceed the u|locu1iooamount listed above. Any amount over your allocation will he charged appropriately\o your regular funding. For questions regarding funding decisions, please contact Benny Jasso, Local Agency Operations Coordinator,Nutrition Education/Clinic Services Unit, n1(5|2) 34l-4573, or . For questions rcgurdiu�purchase requests, please coo�ct/�1iain(�oufuo, (�oncructDeve|opo�eut and Support Branch,ui(5l2) 77O-3l56or . Sincer Lindsay Rodgers,Director '/'-Nutrition Services Section 4n Equal fmwlo/meo/(.Pyorrundr£�nrloyo,and Provider DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2014-045103 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor), a Government Entity,(collectively,the Parties). 1. Pumose of the Contract. DSHS agrees to purchase-, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments, 2. Total Antoirnt of the Contract and Pa nrent Method(s). The total amount of this Contract is$447,358.00,and the payment method(s)shall be as specified in the Program Attachments. 3. Minding_Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of fiends between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract,DSHS may restrict,reduce,or terminate funding under this Contract. 4. Term of the Contract, This Contract begins on 1010112013 and ends on 03/31/2019-, DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract,whichever is later. 5. Autborlty. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6, Documents Forming Contract. The Contract consists of the following; a. Core Contract(this document) b. Program Attachments:. 2014-045103-001 NSSIWIC LOCAL AGENCY e. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response($)to the Solicitation Docunrent(s). f Exhibits Any changes made to the Contract, whether by edit or attachment, do not forth part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92(as•r 7. Conflietin Terms, In tile, event of conflicting terms anrong the documents forming this Contract, the order of control is first the Core Contract,then the Program Attachment(s), th8n the General Provisions, then the Solicitation Document,if any,and then Contractor's response.to tile. Solicitation Document,if any. 8. P_ ayee. Tile Parties agree that the following payee;is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Nance: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI,TX 78469-9277 Vendor Identification Number: 17460005741027 9. Entire Agreement, The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract,other than as set forth in this Contract, 92618.1 By signing below, the Parties acknowledge that they have read the Contract and agree to its terms,and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICM CORPUS CHRISTI-MECM COUNTY PUBLIC H 13ALTH DISTRICT(CITY) 'r By: -v By; Signature of Authorized dfficlal Signature Date Date Evelyn Delgado S by Printed Name and itle Assistant Commissionerfor Family and 2d 1 Community Health Services Address 1 100 WEST 49TH STItBBT W15 1 i0 � U AUSTIN,TEXAS 78756 City, tate,Zip . 512.776.7321 3 6 t— $2- 3 Z "2- Telephone Number Evelyn.DelgadoQclslis.state.tx.us c� std C. ckwn-s'a Cj-UYti- R-jnnll Addr s for Official Correspondence WWI Or .0.=..1.,.... RY C�0#IP CIL...�.1 .�.2: SEMETARI 4263-1 CONTRACT NO.2014-045103 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO.0000399295 CONTRACTOR: CORPUS CIIRISTI-NUECES COUNTY PUBLIC HEAL`T'H DISTRICT (CITY) DSHS PROGRAM; N,SS/WIC LOCAL AGENCY TERM: 10/01/2013 THRU: 03/31/2014 SECTION I, STATEMENT OF WORK: Contractor shall administer the Department of State Health Services (DSHS) Special Supplemental Nutrition Program for Women, Infant, and Children (WIC) to provide supplemental food instruments, nutrition education, and counseling to enhance good health care at no cost to low4ticome pregnant and postpartum women,infants and children identified to be at nutritional risk. Contractor shall: A. Perform professional, administrative and clerical services necessary to determine eligibility, provide food instruments, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. Contractor shall ensure adequate staff coverage and uninterrupted delivery of services. Services shall be performed according to the statutes, rules, policies, and directives of DSHS Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or as directed by the United States Department of Agriculture (USDA) as referenced in this Program Attachment. During the tern of this Program Attachment, USDA may issue regulations, instructions,policies and/or directives, which may be incorporated into the DSHS WIC Program Policy and Procedures Manual and program rules. B. Provide services within the state boundaries of Texas and in the approved clinic locations described in Contractor's application. C. Assist DSHS or USDA in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by DSHS WIC Program's written rules and policies for the compilation of such data, D. Determine eligibility of applicants through assessment of their categorical income, residence and nutritional status, and provide nutrition education and counseling to eligible participants. E. Appoint a Contractor WIC Director/Supervisor. F. Train Contractor's Local Agency staff. PROGRAM ATTACHMENT—Page 1 G. Submit the following reports/plans by the due date: 1. Monthly Incentive Funding Summary Report by the IS"' day of the following month;and 2. WIC Local Agency Performance Measure Report by the 15`h day of the following month. H. Conduct outreach to potential participants. I. Complete surveys as requested. J. Within five days of receiving a DSHS request for a 'Vendor Evaluation, Contractor shall contact vendor Applicant to set up an appointment to conduct tite evaluation. Contractor shall conduct ott-site evaluation, completing WIC Vendor Evaluation Forms and fax/return forms to the DSHS no later than one business day after the oat-site evaluation. K. Determine participants' access to health care,medical care and other human services, and make appropriate referrals. Contractor shall have a system in place to provide participants with appropriate health services or make appropriate refon-als to health care providers under written agreements that ensure confidentiality of participants' personal Information. L. Issue pre-numbered food instruments furnished by DSHS to qualified participants who shall use such instruments to obtain specified food items from participating vendors; maintain complete accountability and security of all food instruments received from DSHS. Contractor shall be held financially responsible for all unaccounted for food instruments and/or for the redeemed value of those issued to ineligible participants. In addition, Contractor shall be held financially liable for issuance of infant formula instruments that are not authorized or prescribed according to the WIC Policy and Procedures Manual. M. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) or equivalent telecommunications equipment at all Contractor WIC clinics and administrative offices using Texas-WIN software on a network or stand alone personal computer. Installation at all Contractor permanent WIC sites is required. VSAT or other• telecommunications equipment installations for new sites or sites moving from one location to another requires a niinimunt of 45 clays notice, N, Connect portable computers(notebook or laptop) that use Texas-WIN software daily to a (VSAT)or other DSHS provided-telecomtnui)icatioats access point to transfer data to and receive updates from DSHS. Daily is defined as Monday—Friday and Saturday if WIC services are provided. Portable computers ittay go to any of tire,Contractor's permanent WIC sites for data transfer, PROGRAM ATTACHMENT—Page 2 O. Review the Immunization records of WIC Program applicants/participants to ensure that immunizations are current. Make appropriate referrals to health care providers for necessary immunizations. P. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday, according to the Contractor's Annual Plan of Operations as approved by DSHS and incorporated by reference in this Program Attachment. Q. Implement or expand Contractor's Breastfeeding Peer Counseling program to provide training and salary of peer counselors who assist pregnant and breastfeeding WIC participants. in normal breastfeeding situations. - Funding for this activity will be contingent on availability and written approval by DSHS. R. Implement special projects according to DSHS-approved plan related to nutrition education, outreach or breastfeeding if'project is requested by Contractor and approved by DSHS. Funding for special projects is contingent upon availability and approval in writing by DSHS of the Contractor's plan for the special project. S. Implement lactation services for WIC participants who have breastfeeding problems that are beyond the expertise of Contractor's local WIC staff and/or peer counselors using International Board Certified Lactation Consultants-or the most qualified equivalent. Lactation services may also include Contractor's Local WIC Agency staff training and the provision of lactation equipment. DSHS wilt provide written approval of Contractor's plan to use lactation funding. Contractor's plan shall include qualifications of any non-board certified lactation consultant, which is included in the proposal, T. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of Contractor's staff is approved in writing by DSHS to participate in the DSHS Dietetic Internship program, This internship will consist of no less than 1200 hours of supervised learning experiences in a variety of nutrition-r'clated facilities and will prepare Contractor's selected staff member to better meet the needs of WIC participants. U. Stool: DSHS-provided manual pumps, single-user electric breast pumps and multi-user electric breast pumps, collection kits, and purchase additional sized flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to eligible WIC participants. During the term of this Program Attaclurmnt, DSHS reserves the right to withhold payment if Contractor fails to accurately complete and submit breast pump receiving reports within three(3)business days of receiving a DSHS breast puriup delivery, V. Implement or expand Contractor's use of a Registered Dietitian (RD) who is registered with the Commission on Dietetic Registration to provide for Contractor that includes, but not limited to: assistance with quality assurance,staff training, assistance with the Annual Nutrition Education -and Breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. PROGRAM ATTACHMENT--Page 3 f 1 Contractor shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Attachment as amended, including, but not limited to; 1. Uniform Federal Assistance Regulations,7 CFR Parts 15, 15a, 15b,246, 248,3016,3017 and 3018; 2. WIC Program and Farmers' Market Nutrition Program Rifles, 25 Texas Administrative Code, §§31.11-31,37; and 3. Child Nutrition Act of 1966, as amended,42 USC 1786. The following documents are incorporated by reference and made a part of this Program Attachment; 1. DSHS Standards for Public Health Clinic Services, revised August 2004, or latest revision; 2. USDA Food and Nutrition Service(FNS)Guidelines; 3. USDA FNS Instructions issued under the FNS Directives Management System,and 4, Current WIC Policy and Procedures Manual. Within thirty (30) days of receipt of an amended standard(s) or guideline(s), Contractor shall inform DSHS, in writing,if it shall not continue performance under this Program Attachment in compliance with the amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonableperiod of time as determined by DSHS. All activities related to WIC, inchiding timefranres, budget, and any revisions shall be approved by DSHS. SECTION II. PERFORMANCE MEASURES The following performance measures will be used to assess,in part, Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the other terms of the contract. Contractor shall ensure; 1) An average of 95% of fanriiies a quarter who participate in DSHS WIC Program by receiving food instruments shall also receive nutrition education classes or individual counseling services to coincide with food instrument issuance; 2) Of all pregnant women who enter DSHS WIC Program, an average of 20% a quarter slzall be certified as eligible during the period of the first trimester of their pregnancy; 3) An average of 85.5% of clients a quarter who are enrolled in the DSHS WIC Program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food instrument recipients each month (breast-feeding infants are also included in the client count); and PROGRAM ATTACHMENT--Page 4 , k 4) 98% of participants who indicate daring file enrollment process for the DSHS WIC Program that they have no source.of health care shall be referred to at least one(1)source of health care at certification of eligibility, Contractor shall submit the WIC .focal Agency Performance Measure Report which describes Contractor's efforts towards meeting performance measures. Tile report shall be in all approved format as provided by DSHS, and shall be completed an(] submitted to DSHS within fifteen (15) calendar days after the end of each month. SECTION III. SOLICIT'AT'ION DOCUMENT: N/A SECTION IV. RENEWALS: DSHS may renew this contract for one renewal period if fiords are available. SECTION V, PAYMENT METHOD: Cost reimbursement SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and Financial Status Reports (FSR) and submit by clectronie mail to DSHS-Contract Development and Support Branch at W]cVoucliea•s@dshs.state.tx,us SECTION.VII. BUDGET: SOURCE OF FUNDS: CFDA# 10.557.001; 10.557.013 DUNS NUMBER:069457786 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the, "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed:$447,758.00. SECTION VIII. SPECIAL PROVISIONS: General Provisions, Compliance and Reporting Article I, Section 1,07, Statutes and Standards of General Applicability,is hereby amended to include the following: Contractor shall comply with all provisions required by implementing Elie regulations of the Department of Agricultare, 7 CM Part 246, 248; Department of Justice Guidelines for Enforcement of Title VI, Civil Rights Act of 1964; 28 CFR § 50.3 and 28 CFR Part 42; and Food &Nutrition Service (FNS) directives and guidelines, to tile, effect that no person will, on the grounds of race, color, national origin, sex, age, of disability be PROGRAM ATTACHMENT---Page 5 A excluded from participation under any program or activity for which Contractor receives federal financial assistance from }DNS; and hereby gives assurance that it shall immediately take ineasures necessary to implement this Program Attachment. Contractor shall compile data, maintain records and submit reports, as required, to permit effective, enforcement of the nondiscrimination laws-and permit authorized USDA and State of Texas personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. The Department of Agriculture, food and Nutrition Service (USDA), has the right to seek judicial enforcement if Contractor violates any nondiscrimination laws. This Assurance is binding on Contractor, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the Department of Agriculture. The person or persons whose signatures appear on the Core Contract are authorized to sign this Assurance on behalf of Contractor. Contractor shall comply with all of the requirements of the current WIC Policy and Procedures Manual and Program rules as well as state and federal laws and amendments governing or regulating the WIC Program, A copy of the current WIC Policy and Procedures Manual has been made available to Contractor. The WIC Policy and Procedures Manual,and all revisions made to the WIC Policy and Procedures Manual are incorporated into this Agreement by reference. Contractor has a duty to remain familiar with the contents within the WIC Policy and Procedure's Manual. Contractor is responsible for ensuring.that employees or agents acting on behalf of Contractor comply with all of the requirements of the WIC Policy and Procedures Manual, Program rules and all state and federal laws and amendments governing and regulating the WIC Program, General Provisions, Paynnent Methods and Restrictions Article IV, Section 4,01, Payment Methods,is hereby modified to include the following paragraphs: The participant caseload will be assigned by DSHS by giving written notice" to Contractor. The participant caseload is subject to change upon writteir notice to Contractor from DSHS with Contractor's concurrence. Contractor assumes liability for all food costs resulting from Contractor exceeding its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. DSHS will reimburse Contractor for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing food instruments, malting participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. Administrative costs will be reimbursed based on actual costs, but not to exceed tile, "maximum reimbursement" set out below, based upon the sang of the participants who actually receive food instruments each month plus infants who do not receive any food PROGRAM ATTACHMENT—Page 6 instruments whose breastfeeding mothers were participants to the extent that tine total so derived does not exceed Contractor's total assigned caseload within any given month. Surplus funds (the amount by which maximum roimbur.sements exceed actual costs) call be accumulated and carried forward within the Program Attachment term. Surplus encumbered by September 30 shall be, billed and vouchers received by DSHS no later than sixty(60)calendar days following tile,term of the Program Attachment. PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT: During the term of the Program Attachment, Contractor shall earn dudmirlish•ative funds at the rate of$12.34 for each participant served as defined above. DSHS may pay for additional goods or services as specified in this Attachment if provided by Contractor during the term of this Attachment(but not otherwise paid during the term of this Attachment) if it is in the best interest of DSHS to do so, and funds are available. The Contractor will be notified if a change in funding occurs and will have thirty (30) clays to provide written notice to the DSHS if it intends to tonninate this Program Attachment. Contractor agrees that; (1) Contractor shall identify and document separately not less than 19% of total administrative costs as expenditures directly related to nutrition education and counseling, Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance within tire DSHS WIC Program. (2) DSHS will reimburse Contractor for administrative oxpenses at a rate not greater than 5.26 trines the amount of properly documented expenditures for nutrition education and counseling, but not more than is earned based on actual participation not to exceed Contractor's assigned participant caseload, plus ally incentive funds allocated to Contractor by DSHS. (3) DSHS will limit(cap)reimbursement of Contractor's indirect costs at twenty(20) percent applied to Contractor's total direct salaries plus benefits reimbursed by DSHS. (4) DSHS will identify annually to Contractor an aniount of funds that shall be spent for breastfeeding promotion. The Allocation of breastfeeding funds to Contractor will be based on Contractor's proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to DSHS WIC Program. (5) DSHS WICProgram also reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or PROGRAM ATTACHMENT—Page 7 a breastfeeding promotion is not being provided by Contractor, or Contractor is not complying with the provisions of USDA and/or DSHS directives. (G) DSHS reserves the eight to utilize a competitive offering for the award of any future contracts at the end of the term of this Program Attachment. (7) DSHS may amend or terminate this Program Attachment if available funds become reduced, depleted, or unavailable during the term of the Program Attachment to the extent that the WIC Program, is unable to provide administrative funding at the rate(s) stated in this Program Attachment. DSHS will provide written notification to Contractor of such fact. (8) DSHS may pay for additional services as specified in this Program Attachment if provided by Contractor during the teem of this Program Attachment (but not otherwise paid during the term of this Program Attachment) if it is in the best interest of DSHS and DSHS WIC Program to do so. If Contractor exceeds the amount of earned administrative funds as stated above, Contractor shall continue to bill DSHS for the services provided. If additional funds become available at a later date for the provision of these services, DSHS WIC Program may pay Contractor a share of these funds. (9) DSHS may provide incentives to Contractor's Local WIC Agencies for Participants who are provided WIC services outside the normal traditional hours to the extent that federal funding is available. (10) During the term of this Program Attachment, DSHS may adjust the base reimbursement rate as defined in this Program Attachment if it is in the best interest of DSHS and the DSHS WIC Program and if administrative WIC Grant funds change, Contractor shall indicate separately on the face of the claim for reimbursement(State of Texas Purchase Voucher, Form P-13) the costs associated with nutrition education, breast-feeding, alt(]other administrative costs. General Provisions, Payment Methods and Restrictions Article IV, Section 4.02, Billing 80mission is amended to include the following; Contractors shall bill the Department in accordance with the Program Attachnient(s)in the form and format prescribed by DSHS. Unless otherwise specified in (lie Program Attachments) or permitted under flee Third Party Payors section of this Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request, Contractor shall submit quarterly Financial Status Reports (FSRs) to DSHS by the last business day of the month following' the end of each quarter of the Program Attachment terin for Department review and financial assessment. Contractor shall submit the final PSR no later than sixty(60)calendar clays following the end of the applicable term. PROGRAM ATTACHMENT--Page 8 General Provisions, Payment Methods and Restrictions Article IV, Section 4.04, Worldrlg Capital Advance, is not applicable to this Program Attachment. However, Contractor will be allowed the option of receiving a two (2)month cash advance in accordance with WIC Program Policy and Procedures. General Provisions, Records Retentioli Article VIII, Section 8.01, Retention shall be replaced with the following: Recordkeeping regi rernenfs. Contractor shall maintain full and complete records concerning Program operations. Such records shall comply with 7 CPR Part 3016 and the following requirements: (1) Records shall include, brit not be limited to, information pertaining to financial operations, food delivery systems, food instrument issuance and redemption, equipment purchases and inventory, certification, nutrition education, civil rights and fair hearing procedures, (2) All records shall be retained for a minimum of three years following the date of submission of(lie final expenditure report for the period to which the report pertains. If any litigation, claim, negotiation, audit or other action involving tile, records has bee& started before the end of the(hree-year perlod,the records shall be kept until all issues are resolved, or until the end of the regular three-year period, whichever is lister. If USDA deems any of the WIC program records to be of historical interest,it may require DSHS or the Contractor to forward such records to, (he USDA whenever either entity is disposing of them. (3) Records for nonexpendable property acquired in whole or in part with WIC program funds shall be retained for three years after its final disposition. (4) All records shall be available during normal business hours for representatives of tile, USDA, DSHS and the Comptroller General of the United States to inspect, audit, and copy. Any reports or other documents resulting from the-examination of such records that are publicly released may not include confidential applicant or participant information. General Provisions, Notice Reciuirelnents Article X, Section 10.01, Child Abuse Reporting Requirement,is hereby amended to include tile,following: If Contractor chooses to interview a client to determine if an affirmative defense to prosecution exists, as defined by DSHS, which would allow theist tinder the DSHS policy to not make a report of child abuse, the Contractor shall conduct these interviews in the following rnamler: • For ineligible,clients, the interview shall be conducted after the entire WIC visit is done. For eligible clients, the interview may occur at tile, point in time when. all WIC activities, including communication of eligibility and individual counseling, are completed with tile,exception of food instrument issuance. • The interview shall be conducted only by a competent atithority or a supervisor and ill a confidential setting. PROGRAM ATTACHMENT—Page 9 • Prior to asking (lie client any questions, the interviewer shall inform the client that the questions have no bearing on the client's WIC eligibility and receipt of services. General Provisions, General Buslness Operations of Contactor Article Xll, Section 12.02, Management and Control Systems,Item a is not applicable to this program attachment;Item c is replaced with the following: C) effective internal and budgetary controls;deternunation of reasonableness, allowableness, and allocability of costs;timely and appropriate audits and resolution of ally fiildingS. General Provisions, General Business Operations of Contractor Article XII, Section 12.06, Overtime Compensation,is not applicable to this Program Attachment. General Provisions, General Business Operations of Contractor Article X11, the last three sentences of Section 12,20,Equipment,are not applicable to this Program Attachment, General Provisions, General Business Operations of Contractor Article X11, Section 12.23, Property Inventory and Protection of Assets, is amended to include the following: Contractor shall maintain an inventory of reportable capital assets placed in the custody of the Contractor by DSHS. Contractor shall conduct an annual inventory for each administrative and .clinic site and subinit to DSHS Property Management in a format and upon a delivery date designated by DSHS. Contractor shall adminis(er a program of maintenance, repair and protection of assets under this Contract so as to assure their full availability and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise conipcnsated for any loss of, destruction of, or damage to the assess provided under (his Contract, it shall use-the proceeds to repair or replace said assets. General Provisions, General Business Operations of Contractor Article X11, Section 12.26, Property Acquisitions,is not applicable,to this Program Attachment. General Provisions, General Ternrs Article X111, Section 13.15, Amendment, is replaced with the following.- The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract. Parties agree that this attachment may be amended during its terra by Letters of Amendment to reflect funds awarded for special projects and to more accurately align the total Not To Exceed amount with funds the contractor may earn by contract performance. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article, Contractor's request for certain budget revisions or other amendments must be submitted in writing,including a justification for the request,to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of Elie Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests pray be granted at the discretion of DSHS, Except as PROGRAM ATTACHMENT—Page 10 otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay for the perfornlance or production of, different or additional goods,services, work or products except pursuant to an amendntcrrt of this Contract that is executed in compliance with this section; and DSHS will not waive any tern, covenant, or condition of this Contract unless by amendment or otherwise in cornpliaErce with this Article. PROGRAM ATTACHMENT--Page 11 �C�TE 0 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or an employee of any agency, a mernber of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this federal.contract, grant. Ioan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Iess that$10,000 and not more than$100,000 for each such failure. rA re' Date Print Name of Authorized Individual 2014-045103 Application or Contract Number CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) Organization Name CSCU#E1i29-12374-Revised 08.10.07 US 0 _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 22, 2014 Second Reading for the City Council Meeting of April 29, 2014 DATE: March 11, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, Interim Director, Development Services BarneyW@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement with Developer and Reimbursement of $67,952.92 for the City's cost of Rancho Vista Boulevard CAPTION: Ordinance authorizing the City Manager or his designee to execute a developer participation agreement with Yorktown Oso Joint Venture, ("Developer"), to reimburse the Developer up to $67,952.92 for the City's share of the cost to extend Rancho Vista Boulevard, in accordance with the Unified Development Code. PURPOSE: Yorktown Oso Joint Venture, will extend Rancho Vista Boulevard abutting Rancho Vista Park. BACKGROUND AND FINDINGS: The developer, Yorktown Oso Joint Venture, is developing the next phase of a multi- phased single-family residential subdivision named Rancho Vista Subdivision Unit 9. The subdivision is located south of Yorktown Boulevard and east of Rodd Field Road. Rancho Vista Subdivision Unit 9 will contain 28 single-family residential lots and 1 park lot. The Planning Commission approved the Rancho Vista Subdivision Unit 9 plat on June 19, 2013. The street abutting the parkland will be designed to residential collector standards. The City is participating in half street construction for Rancho Vista Boulevard. The participation agreement includes the street, curb, gutter and 4-foot wide sidewalk. Since the park is the continuation of the linear park along Rancho Vista Boulevard, a hike and bike trail is constructed within the park. The hike and bike trail is a concrete walk with a width ranging from 10 feet to 12 feet. ALTERNATIVES: Denial of the Participation Agreement. Denial of the ordinance appropriating $67,952.92 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending Rancho Vista Boulevard for new subdivision as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Bond 2012 Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 Encumbered / Expended Amount $277,911.77 This item $67,952.92 BALANCE $404,135.31 Fund(s): Comments: Balance reflects amount for Coves at Lago Vista participation agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: Participation agreement Ordinance ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH YORKTOWN OSO JOINT VENTURE ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $67,952.92 FOR THE CITY'S SHARE OF THE COST TO EXTEND RANCHO VISTA BOULEVARD, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement") with Yorktown Oso Joint Ventures, ("Developer"), for the CITY's portion of the cost of Rancho Vista Boulevard, including all related appurtenances, for development of Rancho Vista Subdivision, Unit 9, Corpus Christi, Nueces County, Texas. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and Yorktown Oso Joint Venture ("Owner''), acting by and through its managing partners. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 7.06 acres out of Lots 19, 20, 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Rancho Vista Subdivision Unit 9 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Ranch Vista Boulevard from its existing terminus for a distance of approximately 546 feet to connect with the existing roadway on Rancho Vista Unit 5 as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $67,952.92. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty(30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. [. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit!)Participation Agmt vFinal Page 2 of 7 CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF RANCHO VISTA SUBDIVISION UNIT 9 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION 1S CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt vFinal Page 3 of 7 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt veinal Page 4 of 7 N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi Yorktown Oso Joint Venture Attn: Director, Development Services Attn: Fred Braselton, President 2406 Leopard Street 178401 5337 Yorktown Blvd., Suite 10-D P. O. Box 9277178469-9277 Corpus Christi, Texas 78413 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be April 22, 2016. (EXECUTION PAGES FOLLOWS) Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt vFinal Page 5 of 7 EXECUTED in one original this day of , 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal form: 9,j Julian Gr nt Assistant City Attorney Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt vFinal Page 6 of 7 OWNER: PETERSON COUSINS, LLP. Reagan T. Bro n Date Managing Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on l , 2014, by Reagan T. Brown, Managing Partner, Peterson Cousins, LLP, a Limited Liability Partnership, on behalf of said partnership. r ►p'°. , CATHERINE GARZA NOTARY PUBLIC State of Texas Notary Public'tSignatUre CorrMn,E.V.12-05.2016 OWNER: Braselton Development Company, Ltd. J_-r'�M 5 ZAD bWBraselton-Manig"efifent Company, LLC Date By: Fred Braselton, President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 4ny, ` �� I ° � 2014, by Fred Braselton, President of Braselton Management CoLLC., a Tex as company, on behalf of Braselton Development Company, Ltd., aTexas limited part ershi . „A1 d , TAMYA ROJAS My Commission Expires �,N ry Pu b l" s ign red October 15,2017 °°f re OP Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt vFinal Page 7 of 7 a w, i. v! 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O _ S II II II soxa ' n aDDDnN a oDDy °nD O'^ N O 9p a .oz. a�pm AW of B � N N GD_ m 'T 85.43 g a 4 rc r J 1.,3 1.,w l.,w 3:3 1.,3 3 w w 3 1.,3 d.m'BZ9-LZ9 •s d L9 IDA II II alo Em c s aun uolslAlP9nS DisIA 040uD8 4 w r J P ti II II" E _6m� �lno�no�n000�noln000�no >110O18'01101 �m 6„ry 4w1-1\ bG b"6 R N F � — trail z trail z u^i u"i L zilz I N J v J m m ry Z3 e.c. vl 3 n f 2~ c U lr 1.1 M a r� 1'J 7 t 11 73 73 I/1 crl cn cn PI "y 1 �:. 1-IT 1 a �:a 4:a I � �4 <n <n v. r r I 1 �' r - IJ Z7 x' y N Ft s o N n y' X O m ti o O <D v T � x lb C/) ' O r C7 Z �. 1 CID Reserve Blvd. .... �P...4 ........ �. C/)x P o rTl X l -c 3 o m y o ` n O b9 Cn n �Q. rt• 47 s � rrl o o S9 co 1 Q a I x" ... -- ;1D C)O 4 „........ p= C) C) 'Ke 1\4 A n ;r rII W��r 1 1 5r.. ,R�E Add RoaE x I• }�tI iA cn; w �IIIIIIIIIIIIIN r-r"� I �° m r 0 m II �p G S .Ff —� c Eng: Murf Hudson, P.E. Preliminary Cost Estimate Aug. 2, 2013 Client: Bart Braselton for Job No. 39319.132.04 By: C.R.R. RANCHO VISTA UNIT 9 Corpus Christi, Texas ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST A. PAVING IMPROVEMENTS: 1 Clearing and Grubbing 7.06 7.41 AC $650.00 $4,816.50 2 Excavation 9,859 10,352 CY $6.70 $69,358.40 3 2" Hot Mix Asphaltic Cement 4,329 4,545 SY $17.80 $80,901.00 4 6" Crushed Limestone Base 4,629 4,860 SY $12.25 $59,535.00 5 8" Lime Stabilized Subgrade 6,157 6,465 SY $6.15 $39,759.75 6 6" 'L' Curb 3,426 3,597 LF $13.30 $47,840.10 7 6" 'S' Curb 689 723 LF $13.30 $9,615.90 8 4' Concrete Sidewalk 4,298 4,513 SF $4.05 $18,277.65 9 5'Tied Concrete Sidewalk 4,133 4,340 SF $4.95 $21,483.00 10 5' Concrete Valley Gutter 186 195 SF $5.25 $1,023.75 11 5" Concrete Driveway 888 932 SF $5.85 $5,452.20 12 Street Signs 3 3 EA $563.00 $1,689.00 PAVING SUB-TOTAL: $359,752.25 B. STORM SEWER IMPROVEMENTS: 1 5'x4' Concrete Box Culvert 201 211 LF $350.00 $73,850.00 2 4'x4' Concrete Box Culvert 334 351 LF $250.00 $87,750.00 3 24" RCP 8 8 LF $55.00 $440.00 4 18" RCP 478 502 LF $45.00 $22,590.00 5 15" RCP 168 176 LF $35.00 $6,160.00 6 OSHA Trench Protection 1,189 1,248 LF $2.00 $2,496.00 7 5' Slot Inlet 8 8 EA $2,625.00 $21,000.00 8 Junction Box 4 4 EA $5,000.00 $20,000.00 9 Tie to Existing Storm Sewer 2 2 EA $750.00 $1,500.00 STORM SEWER SUB-TOTAL: $235,786.00 C. WATER IMPROVEMENTS: 1 8" PVC C-900 527 553 LF $26.00 $14,378.00 2 6" PVC C-900 1,171 1,230 LF $21.50 $26,445.00 3 6" Gate Valve and Box 2 2 EA $965.00 $1,930.00 4 8"x6" Ductile Iron Tee 1 1 EA $425.00 $425.00 5 6" Ductile Iron Tee 2 2 EA $325.00 $650.00 6 Fire Hydrant Assembly Complete In-place 2 2 EA $2,895.00 $5,790.00 7 6"x90 Degree Ductile Iron Bend 2 2 EA $325.00 $650.00 8 2"Type 'K' Copper Pipe 102 107 LF $12.00 $1,284.00 9 Tie to Existing Water Service 2 2 EA $1,000.00 $2,000.00 10 Long Double Lot Service 6 6 EA $785.00 $4,710.00 11 Long Single Lot Service 2 2 EA $750.00 $1,500.00 12 Short Double Lot Service 5 5 EA $595.00 $2,975.00 13 Short Single Lot Service 4 4 EA $575.00 $2,300.00 14 6" Plug with 2"Tap 1 1 EA $300.00 $300.00 WATER SUB-TOTAL: $65,337.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 Page 1 of 3 Eng: Murf Hudson, P.E. Preliminary Cost Estimate Aug. 2, 2013 Client: Bart Braselton for Job No. 39319.132.04 By: C.R.R. RANCHO VISTA UNIT 9 Corpus Christi, Texas ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST D. SANITARY SEWER IMPROVEMENTS: 1 8" PVC SDR 26 (0'-4' Cut) 246 258 LF $27.00 $6,966.00 2 8" PVC SDR 26 (4'-6' Cut) 419 440 LF $27.00 $11,880.00 3 8" PVC SDR 26 (6'-8' Cut) 547 574 LF $29.00 $16,646.00 4 8" PVC SDR 26 (8'-10' Cut) 224 235 LF $32.00 $7,520.00 5 OSHA Trench Protection 981 1,030 LF $1.30 $1,339.00 6 Embedment 1,436 1,508 LF $6.70 $10,103.60 7 4' Diameter Manhole (0'-4' Deep) 1 1 EA $3,500.00 $3,500.00 8 4' Diameter Manhole (4'-6' Deep) 3 3 EA $3,715.00 $11,145.00 9 4' Diameter Manhole (6'-8' Deep) 1 1 EA $4,175.00 $4,175.00 10 4' Diameter Manhole (8'-10' Deep) 1 1 EA $4,500.00 $4,500.00 11 Long Lot Service 17 17 EA $600.00 $10,200.00 12 Short Lot Service 11 11 EA $550.00 $6,050.00 13 Tie to Existing Stub-out 1 1 LS $750.00 $750.00 SANITARY SEWER SUB-TOTAL: $94,774.60 E. MISCELLANEOUS ITEMS: 1 Stabilized Construction Entrance 1 1 LS $2,160.00 $2,160.00 2 Silt Fence (Along Rancho Vista Blvd. Only) 1,200 1,260 LF $2.25 $2,835.00 3 Electrical Conduit 200 210 LF $12.00 $2,520.00 4 Bonds and Insurance 1 1 LS $11,000.00 $11,000.00 6 General Conditions 1 1 LS $53,000.00 $53,000.00 MISCELLANEOUS SUB-TOTAL: $71,515.00 TOTAL ESTIMATED IMPROVEMENTS COSTS: $827,164.85 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 Page 2 of 3 Eng: Murf Hudson, P.E. PARK PARTICIPATION ESTIMATE August 1, 2013 Client: Bart Braselton for Job No.39319.132.01 By: C.R.R. RANCHO VISTA UNIT 9 ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST PARK PARTICIPATION PAVING IMPROVEMENTS: 1 Clearing and Grubbing 0.31 AC $650.00 $201.50 2 Excavation 1,234 CY $6.70 $8,267.80 3 2" HMAC Including Prime Coat 731 SY $17.80 $13,011.80 4 6"Ty A, Gr 1 Crushed Limestone Base 731 SY $12.25 $8,954.75 5 8" Lime Stabilized Subgrade 975 SY $6.15 $5,996.25 6 6" 'L' Curb 545 LF $13.30 $7,248.50 7 4' Concrete Sidewalk 2,193 SF $4.05 $8,881.65 8 15" RCP 24 LF $35.00 $840.00 9 24" RCP 8 LF $55.00 $440.00 10 OSHA Trench Protection 40 LF $2.00 $80.00 11 5' Slot Inlet 2 EA $2,625.00 $5,250.00 12 Tie to Existing Storm Sewer 2 EA $750.00 $1,500.00 PAVING SUB-TOTAL: $60,672.25 Engineering, Testing, Staking @ 12%: $7,280.67 CITY STREET PARTICIPATION ESTIMATE: $67,952.92 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 Page 3 of 3 r City of Corpus Christi,Texas Department of Development Services City of P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 stt si. Corpus ffi. 2406 Leopard Street =Christi (Comer of Leopard St and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: Yorktown Oso Joint Venture STREET: 5337 Yorktown Blvd, Suite 10-D CITY: Corpus Christi ZIP: 78413 FIRM is: ❑Corporation ❑ Partnership ❑Sole Owner ❑Association M Other Joint Venture DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official" of the Ctty of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership In the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership In the above named "firm". Name Board, Commission, or Committee Bart Braselton Corpus Christi Business and Job Development Corporation Fred Braselton Planning and Zoning Commission 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 N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. 7 Certifying Person: fg d-,d Title: _ GW M4.4"i¢4 6st, (Print) Signature of Certifying Person: Date: l,3 K�DEVELOPAlENN7'SVCSISHAR®1r.ANp DEVELOP RDINANCE ADA9NISTRA770N1APPLICATION FORMSIFORMS AS PER LEGAL120121DISCL�URE OF QiTEREyry'S STATEINEN'P1.27.12 DOC Exhibit 4 Page 1 of 2 i DEFINITIONS a. `Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADM INISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT 1.22I2.DOC Exhibit 4 Page 2 of 2 se O AGENDA MEMORANDUM 'YCORPORPI'. First Reading Ordinance for the City Council Meeting of April 22, 2014 1852, Second Reading for the City Council Meeting of April 29, 2014 DATE: March 26, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW @cctexas.com (361) 826-3595 Closing a portion of an existing blanket pipeline easement within a 4.07 acre tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands CAPTION: Ordinance abandoning and vacating a portion of an existing blanket pipeline easement within a 4.07 acre tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands, located north of the Saratoga Boulevard (State Highway 357) state right-of-way, and located east of the Ayers Street public right-of-way; and requiring the owner, Spear Consolidated, Ltd., to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a blanket pipeline easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: Spear Consolidated, Ltd. (Owner) is requesting the abandonment and vacation of a portion of an existing blanket pipeline easement within a 4.07 acre tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands, located north of Saratoga Boulevard (State Highway 357), and located east of Ayers Street. The abandonment and vacation of the blanket pipeline easement is being requested by the Owner in order to remove any unnecessary easements within said tract of land and allow for the future development of the subject property. The City will require that the Owner retain a 15-foot wide portion of the property (for a 15-foot wide utility easement dedication) along the entire frontage area that's adjacent to Saratoga Boulevard. On February 19, 1941, Kasper and Alberta Zdansky sold Houston Natural Gas Corporation a blanket easement right-of-way for pipeline purposes. The blanket easement was recorded in Volume 268, Pages 253-254, Deeds of Records of Nueces County, Texas (Clerk's File No. 162158). The portion of blanket easement that Spear Consolidated, Ltd. is requesting to close is a portion that lies within Lot 5, Section 8, Bohemian Colony Lands. Staff recommends that payment of fair market value be waived because the blanket easement that encumbers the 4.07 acre tract, serves of no purpose, or value to anyone. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owners' ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed blanket pipeline easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Staff recommends that payment of fair market value be waived because the blanket easement that encumbers the 4.07 acre tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands, serves of no purpose or value to anyone. b. Owner must dedicate a 15-foot wide new utility easement along the entire frontage area of Saratoga Boulevard within the said 4.07 acres property being released by the City in this easement closure action. c. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. d. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. e. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a portion of an existing blanket pipeline easement within a 4.07 acre tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands, located north of the Saratoga Boulevard (State Highway 357) state right-of-way, and located east of the Ayers Street public right-of-way; and requiring the owner, Spear Consolidated, Ltd., to comply with the specified conditions. WHEREAS, Spear Consolidated, Ltd. ("Owner") has requested the abandonment and vacation of a portion of an existing blanket pipeline easement within a 4.07 acre tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, April 22, 2014 during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the blanket pipeline easement, subject to compliance and provisions below. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Spear Consolidated, Ltd., ("Owner"), a portion of an existing blanket pipeline easement within a 4.07 acre tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands, located north of Saratoga Boulevard (State Highway 357), and located east of Ayers Street, as recorded in Clerk's File No. 162158, Volume 268, Page 253-254, of the Official Deed Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is the Lot 1, Block 1, Spears Subdivision Final Plat, is attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Staff recommends that payment of fair market value be waived because the blanket easement that encumbers the 4.07 acre tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands, serves of no purpose or value to anyone. b. Owner must dedicate a 15-foot wide new utility easement along the entire frontage area of Saratoga Boulevard within the said 4.07 acres property being released by the City in this easement closure action. c. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. d. Prior to -the approval of the building permit and -the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. e. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Oq all 06 OZ o IL 0:01 ft! EEEj .tyj& gg cc Jill It a at `i I U cU _J N �QS.F PJW�t7P�iT `� 4" - l7XY/I 1 P/P9c Y+nPMY �� I �H7/0 3.SROCXN W_'S a ll$ all jih g I 5 I I " I I Wybtl MAC '�' �AJLH! 38Y.6E PEN P �� W r+�Y�iw ow 7,r yepr�w I �twe� ala�as P47 P/F®TO/PM/ oft W'i®IYPaGI P/b47JrM� I zr:5 Ga 0 'g0ORPQRR1 0 1852 AGENDA MEMORANDUM First Reading at the City Council Meeting of April 22, 2014 Second Reading at the City Council Meeting of April 29, 2014 DATE: April 22, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Approval for the resale of twenty-five (25) foreclosed properties CAPTION: Ordinance authorizing the resale of twenty-five (25) properties for $123,650.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $15,013.28 plus $19,505.27 for partial payment of City paving and demolition liens. PURPOSE: Nueces County, as trustee for each of the taxing entities, has received offers to purchase properties that have been foreclosed upon for failure to pay ad valorem taxes. The governing body from each of the taxing entities (the City of Corpus Christi, Nueces, County, Corpus Christi Independent School District, and Del Mar College) must approve the offers for resale. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriff's sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of twenty-five (25) properties at the bid prices listed in Exhibit A. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: n/a OTHER CONSIDERATIONS: The list of resale properties received from the law firm contained twenty-five (25) properties. Each of the twenty-five (25) properties was reviewed by Housing and Community Development and Parks and Recreation for potential City use. No properties were identified. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: This item is not an emergency and is scheduled for approval in two readings. DEPARTMENTALCLEARANCES: • Legal Department • Housing and Community Development • Parks and Recreation FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - - - Encumbered/Expended amount of(date) - - - - This item - $ 34,518.55 - $ 34,518.55 BALANCE - $ 34,518.55 - $ 34,518.55 FUND(S): General Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A —Tax Resale Property List Ordinance al O O CD O al 00 M N 00 O 00 al O M O N 17T. O O CD 110 CD 00 ~ z. (V �O �O Ol M Ol Ol Ol N O Ol I N a a A y O O O 00 00 M l� M M N Vl 00 M O 00 �O N U o 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 00 V1 00 01 V1 01 'T 00 00 'T � 00 'T � 110 'yam --i Ol 17� � 110 00 'T Ol N OD 17� M N 00 N 01 l� O 01 Vl Ol Ol O N M O M — Vl V) a Vl 00 O Ol N 00 M N � N 00 01 00 00 N M 41 all I 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 w O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O w O O un O O O un O O O O un O O O O un O O O O O O un 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 x O 75 75 c4 c i ;-a cz o N w i V i Q o cz 75 x y a o o a4 y H V5 ct 3 s o o ° o o o o w a cz bb o w o w x cz a M o 01 ° "a u U U U U F" bA x o a o 00 x oo Y r x x x N U u u � o ,x x o ,x o x ,x O x a a I-o H yd "'a Z Oi N 7^ Y N Ol Y f-1 ct o cz 0 O O O 0 � O yO.i O H O O Y O 'fir O o V1 0 0 O O O O O o V1 O O O o O 4 O, �O 00 N � �O O � O 00 �O � l� N O M O C4 o N o N N 0 0 0 0 0 o v o N o o m N p0 •� o 0 0 � 00 � o � o o � o � 0 0 0 � o 0 0 `� o 0 0 0 0 0 `� 0 0 0 0 0 W N 00 O O M CD N CD O O CD ]� M V W a O O O O O U O O m 0 O O O O O O O O O O O O O O O O O O O O N O O D O O N O Ct O O O .fir O O O O O O O O O O O O O O O W U 4 Y M O l� "a N N M O N O 00 _O �O 00 l� O Ol Li �O O Sc l� l� +' Cl M l� Ol O U M Ol 110 00 --i V H � Y� 7~-1 �'y U �y y o ° ° o o � y + N > 75 cz U Y Y p U U U U U O U cz � ° 000 A � o ° ° U o o P� °� v v U cz U U o o w Q 00 O 01 O_ O N O_ N_ M N M V) N al 00 'T O t-- �O N 1,0 al V) al M N N N oc 01 N N M N N N M N o o N V1 �c � m 00 al 00 M M O N N C It C o M M o o o oo N 0 z o 00 00 0, 0 00 o Q 00 00 Q o 0 o Q Q Q Q o Q Q m m 0 0 0 0 0 0 0 0 0 N N N N N N N N N N M M l0 l� l0 l O M N Vl W M Vl \O N M Ic Ic Ic N r-- oc M M�O o0 N Vl Vl Vl Vl Vl 0o a\ a\ a\ a\ a\ a\ a\ a\ a\ a\ a\ a\ a\ a\ a\ a\ a\ a\ a\ N N N N N N Ordinance authorizing the resale of twenty-five (25) properties for $123,650.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $15,013.28, plus $19,505.27 for partial payment of City paving and demolition liens. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of twenty-five (25) properties listed on the attached and incorporated Exhibit A for $123,650.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $15,013.28 plus $19,505.27 for partial payment of City paving and demolition liens. Section 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Us 0 _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 22, 2014 xg Second Reading Ordinance for the City Council Meeting of April 29, 2014 DATE: April 4, 2014 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM — Business Support Services WesP@cctexas.com (361) 826-3082 Appropriating Funds for Repair and Maintenance at the American Bank Center&Arena. CAPTION: Ordinance approving a grant of$193,375.66 to SMG-American Bank Center for repair and maintenance needs at the Arena; appropriating $193,375.66 from the unreserved fund balance in the No. 1130 Arena Facility Fund for these needs; amending the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $193,375.66. PURPOSE: SMG-American Bank Center requests Council approve appropriation of $193,375.66 of unused Arena Repair and Maintenance funds from the 2012-2013 Fiscal Year into the 2013-2014 in order to provide adequate funding to address the current-year (immediate) repair and maintenance needs of the Arena and provide a level of funding available to address future repair and maintenance needs of a large-scale. BACKGROUND AND FINDINGS: In general, items currently requiring or likely to need attention in the near future include repair and maintenance of the major mechanical systems in the Arena (ice plant, elevators, and computer systems controlling lighting and visual displays). On March 17, 2014, the Type A Board approved a motion to grant the $193,375.66 appropriation. ALTERNATIVES: Alternative is not to approve the grant. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This request conforms to the Arena Facility Fund — Repair & Maintenance Funds policy which has been approved by the City of Corpus Christi and the Type A Board. EMERGENCY/ NON-EMERGENCY: This is a routine, non-controversial item. DEPARTMENTAL CLEARANCES: ACM — Business Support Services Type A Board Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $ 0.00 $ 0.00 Encumbered / Expended Amount $ 0.00 $ 0.00 This item $193,375.66 $1937375.66 BALANCE $1937375.66 $193,375.66 Fund(s): Arena Facility Fund Comments: RECOMMENDATION: Staff recommends the Type A Board to approve a grant of$193,375.66 to SMG for repair/maintenance needs at the Arena. LIST OF SUPPORTING DOCUMENTS: Ordinance—ABC Repair and Maintenance Funding Page 1 of 2 Ordinance Ordinance approving a grant of $193,375.66 to SMG-American Bank Center for repair and maintenance needs at the Arena; appropriating $193,375.66 from the unreserved fund balance in the No. 1130 Arena Facility Fund for these needs; amending the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $193,375.66 Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the grant of $193,375.66 to SMG-American Bank Center for repair and maintenance needs at the Arena serviced by the company for the city is approved. SECTION 2. That $193,375.66 is appropriated from the unreserved fund balance in the No. 1130 Arena Facility Fund for American Bank Center repairs and maintenance expenditures. SECTION 3. That the FY 2013-2014 operating budget adopted by Ordinance 029915 is amended to increase expenditures by $193,375.66. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance-ABC Repair and Maintenance Funding Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance-ABC Repair and Maintenance Funding d AGENDA MEMORANDUM oaPOwa ko Future Item for the City Council Meeting of April 22, 2014 1852 Action Item for the City Council Meeting of April 29, 2014 DATE: April 4, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 FROM: William J. Green, P.E., Interim Head, Environmental and Strategic Initiatives BiIIG @cctexas.com (361) 826-3598 Engineering Contract City of Corpus Christi Desalination Program CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer and appropriate $1,080,735 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund to and appropriating in the No. 4080 Water CIP Fund for the City of Corpus Christi Desalination Program; accepting and appropriating a grant in the amount of $400,000 from the United States Department of Interior Bureau of Reclamation in Fund 1052 Water Grant Fund for Project No. E13063 City of Corpus Christi Desalination Program; amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project No. E13063 City of Corpus Christi Desalination Program; increasing expenditures and revenues in the amount of $1,480,735; authorizing the City Manager, or designee to execute all documents necessary to accept the grant for the City of Corpus Christi Desalination Program Pilot Study; authorizing the City Manager, or designee, to apply for additional federal and state grants with anticipated use of the City of Corpus Christi Desalination Program Pilot Study funds for any grant matches; and authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $966,699, for a total restated fee not to exceed $1,016,047 for Project No. E13063 City of Corpus Christi Desalination Program. PURPOSE: The purpose of this agenda item is to obtain authority to transfer funds to the City of Corpus Christi Desalination Program project, accept and appropriate a grant, apply for additional grants, and execute Amendment No. 1 to the Freese and Nichols, Inc. engineering contract for the City of Corpus Christi Desalination Program. BACKGROUND AND FINDINGS: The Desalination Program consists of three phases: 1) Pilot Study Grant Application and Award, 2) Plant Siting and Variable Salinity Testing Protocol, and 3) and Variable Salinity Data Collection and Technology Testing. Original Contract: Pilot Study Grant Application and Award (Complete) Freese and Nichols, Inc. (FNI) assisted the City in responding to a grant application offered by the U.S. Department of Interior Bureau of Reclamation (Reclamation) that would provide funding and federal technical assistance in developing a desalination pilot study assessment. Because of their unique agency relationships and long standing technical expertise, combined with a short deadline to respond to the federal funding Reclamation invitation, the City selected FNI as the consultant to aid and assist City future efforts with Reclamation on the proposed desalination pilot program. The grant application was successful in that Reclamation is awarding the City $400,000 for Phase 3 of the project. Award of the grant by Reclamation completes Phase 1. Amendment No. 1: Plant Siting and Variable Salinity Testing Protocol (This Item) Ordinance transferring funds from the Water Supply Reserve Fund provides the program funds to amend FNI's engineering contract for the work described below. Funding for this work was contingent upon receiving the Federal Grant. FNI will provide four technical memoranda (TM) that will be completed in a period of six months leading up to the implementation of the pilot study. TM No. 1 and TM No. 2 will focus on desalination technologies and pilot plant siting. TM No. 3 and TM No. 4 will focus on the development of requirements and protocols for future work and both will be partially funded using Reclamation grant funds. Future works: Variable Salinity Data Collection and Technology Testing Site implementation of the pilot study will be done by assembly and operation of the pilot plant (200,000 gallons per day). Procurement for equipment and operations for data collection and assessment will be ongoing for twenty-five (25) months. State and Federal agencies will participate with technical support for assessment of the pilot plant performance. Information will include the design criteria and estimate costs to move forward with demonstration and/or production facilities. ALTERNATIVES: 1. Authorize the addition and transfer of money to the Desalination project, acceptance and appropriation of a grant, application for additional grants, and execution of the engineering contract. 2. Do not authorize the addition and transfer of money to the Desalination project, acceptance and appropriation of a grant, application for additional grants, and execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: All expenses associated with the pilot project can and will be used as an in-kind match to leverage future state, federal and/or private funding opportunities for City movement towards demonstration and/or production facilities. The City is uniquely positioned to secure the lead in seawater desalination for the State of Texas. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Ca ital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $1,080,735.00 $1,372,700.00* $2,453,435.00 Water Operating $101,932.00 $101,932.00 Bureau of Reclamation Grant $400,000.00 $400,000.00 TOTAL BUDGET $101,932.00 $1,480,735.00 $1,372,700.00 $2,955,367.00 Encumbered / Expended Amount $101,932.00 $101,932.00 This Item $966,699.00 $966,699.00 Future Anticipated Expenditures This Project $514,036.00 $1, 324,050.00 $1,838,086.00 BALANCE $0.00 $0.00 $48,650.00 $48,650.00 Fund(s): Water Supply Reserve Fund Comments: The amended FNI contract requires approximately 180 calendar days with anticipated completion in October 2014. The amendment will result in the expenditure of an amount not to exceed $966,699. *Future funding in the amount of $1,372,700 will be required for future Variable Salinity Data Collection and Technology Testing to support this project. This funding may secured by a future request through the Raw Water Supply Development Fund and/or by a future grant. If the City receives a grant, less money will be requested through the Raw Water Supply Development Fund. RECOMMENDATION: City Staff recommends approval of the Ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer and appropriate $1,080,735 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund to and appropriating in the No. 4080 Water CIP Fund for the City of Corpus Christi Desalination Program; accepting and appropriating a grant in the amount of $400,000 from the United States Department of Interior Bureau of Reclamation in Fund 1052 Water Grant Fund for Project No. E13063 City of Corpus Christi Desalination Program; amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project No. E13063 City of Corpus Christi Desalination program; increasing expenditures and revenues in the amount of $1,480,735; authorizing the City Manager, or designee to execute all documents necessary to accept the grant for the City of Corpus Christi Desalination Program Pilot Study; authorizing the City Manager, or designee, to apply for additional federal and state grants with anticipated use of the City of Corpus Christi Desalination Program Pilot Study funds for any grant matches; and authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $966,699, for a total restated fee not to exceed $1,016,047 for Project No. E13063 City of Corpus Christi Desalination Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $1,080,735 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund is appropriated and transferred and appropriating into the No. 4080 Water CIP Fund for the City of Corpus Christi Desalination Program. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to appropriate a $400,000 Bureau of Reclamation grant into the Water Grant Fund 1052 Project E13063 City of Corpus Christi Desalination Program. SECTION 3. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add the City of Corpus Christi Desalination Program Project No. E13063 to the Water Capital Improvement Program Budget. SECTION 4. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is changed to increase revenues and expenditures in the amount of $1,480,735 to the City of Corpus Christi Desalination Program Project No. E13063. SECTION 5. The City Manager or designee is authorized to execute all documents necessary to accept the City of Corpus Christi Desalination Program grant from the Bureau of Reclamation United States Department of the Interior. SECTION 6. The City Manager or designee is authorized to use the City of Corpus Christi Desalination Program Pilot Study as a grant match and apply for additional Federal and State grants during the progression of this program. SECTION 7. The City Manager or designee is authorized to execute Amendment 1 to an engineering contract for the City of Corpus Christi Desalination Program in the amount of $966,699, for a total restated fee not to exceed $1,016,047 with Freese and Nichols, Inc. of Corpus Christi Texas for additional work on the Pilot Study and related program requirements. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET City of Corpus Chrisit Desalination Program FUNDING REQUIREMENTS WaterOperating............................................................................................................ $ 101,932 Raw Water Supply Development Fund FY 2014................................................................... $ 1,080,735 *Raw Water Supply Development Fund FY 2015.................................................................. $ 1,372,700 Bureau of Reclamation Grant............................................................................................ $ 400,000 TOTAL FUNDING REQUIREMENTS................................................................................ $ 2,955,367 PROJECT REQUIREMENTS Original Contract: Pilot Study Grant Application **Engineer (Freese and Nichols, Inc.)................................................................................. $ 49,348 ***Engineer (INTERA, Inc.).............................................................................................. 49,500 Administration/Finance (Capital Programs/Capital Budget/Finance).......................................... $ 1,110 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)......................... $ 1,727 Misc............................................................................................................................ $ 247 TOTAL....................................................................................................................... 101,932 Amendment No.1: Plant Siting and Variable Salinity Testing Protocol Amendment No. 1 (Freese and Nichols, Inc.) ...................................................................... $ 966,699 TM-1 Desalination Technology Research.................................... 180,250 TM-2 Plant Siting Analysis........................................................ 224,709 TM-3 Plant Technical Criteria (Program Development)................... 194,073 TM-4 Study Protocol (TCEQ Permit Criteria)................................ 120,292 Communications & Outreach and Funding Applications.................. 157,375 Groundwater (Site Specific Evaluation)....................................... 90,000 Administration/Finance (Capital Programs/Capital Budget/Finance).......................................... $ 23,116 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)......................... $ 27,620 Misc (Printing, Advertising, Travel required for project)........................................................... $ 14,650 TOTAL....................................................................................................................... 1,032,085 Future Work: Variable Salinity Data Collection and Technology Testing (Estimate) $ 1,772,700 TOTAL PROJECT EXPENDITURES................................................................................. 2,906,717 PROJECT BUDGET BALANCE......................................................................................., 48,650 *Future funding in the amount of$1,372,700 will be required for future works of this project. This funding may be secured by a future request through the Raw Water Supply Development Fund and/or by a future grant. If the City receives a grant, less money will be needed. **Contract administratively approved on 6/25/13 ***Contract administratively approved on 6/26/13 This assumes the Demonstration Project is constructed on City owned Land. I IS o<• t1a Irl193eS I,de 72 r" �'/� i Y r i I 3F N 7f7 I r 1' fifth site � iil be identified and evaluated during the Prase 2 Diesalination Demonstration slant Sifing Analysis. LOCATION MAP PROJECT #E13063 NOT TO SCALE CITY COUNCIL EXHIBIT City of Corpus Christi CITY OF CORPUS CHRISTI, TEXAS Desalination Program (E13063) DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City)acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Freese and Nichols, Inc., a Texas corporation, 800 North Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT City of Corpus Christi Desalination Program (E13063) -The City of Corpus Christi has secured financial and technical assistance from the US Bureau of Reclamation to initiate and perform a one-year pilot study on seawater, brackish water, and variable salinity desalination. This project, Amendment No. 1, will consist of four technical memoranda focused on the desalination technologies and pilot plant siting. Amendment No. 1 will also focus on the development requirements and protocols for future work. Additional funding sources and partnerships will be identified and developed during this project. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit"A" and "A-1", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated Contract for Engineering(A/E)Services Pagel of 3 KAENGINEERING DATAEXCHANGEIJENNIFERIWATERIE13063 CITY OF CC DESALINATION PROGRAMIAMENDMENT NO.11CONTRACTICONTRACT.DOC schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a revised fee not to exceed $966,699.00 (Nine Hundred Sixty-Six Thousand Six Hundred Ninety-Nine Dollars and Zero Cents)for a total restated fee not to exceed $1,016,047.00 (One Million Sixteen Thousand Forty-Seven Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. Contract for Engineering(A/E)Services Page 2 of 3 KAENGINEERING DATAEXCHANGEIJENNIFERIWATERIE13063 CITY OF CC DESALINATION PROGRAMIAMENDMENT NO.11CONTRACTICONTRACT.DOC The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS Alll documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI FREESE,AND NICHOLS, INC. L (I Natasha Fudge, P.E., Date Ron Guirrian, P.E., Date Acting Director, Capital Programs Principal 800 N. Shoreline, Suite 1600N Corpus Christi, Texas 78401 RECOMMENDED (361) 561-6500 Office (361) 561-6501 Fax Operafing Department bate APPROVED Office of Management Date and Budget Project No: E13063 Fund Source No: 550950-4080-00000-E13063 ATTEST Fund Name: Water CIP Encumbrance No* Rebecca Huerta, City Secretary ENTERED �N, APR 041 CONTRAGI IWANAUER Contract for Engineering(AIE)Services Page 3 of 3 KAENGINEERING DATAEXCHANGEUENNIFERtWATERIE13063 CITY OF CC DESALINATION PROGRAMAMENDIVIENT NO,I%CONTRACnCONTRACT.00C EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS CITY OF CORPUS CHRISTI DESALINATION PROGRAM PROJECT NO. E13063 I. SCOPE OF SERVICES A. BASIC SERVICES The City is undertaking a Variable Salinity Desalination(VSD) Demonstration Program. These basic services are required to provide the necessary information and preparation to successfully perform and complete the study. Amendment No. 1 to Project No. E13063 will provide: • VSD Plant Site Selection Recommendation. The site selection will be driven by several factors including environmental, land use, technical, financial, accessibility, proximity to water supply sources, both brackish and seawater, availability of electrical and utility services, and waste disposal considerations, as well as other factors including integration of a full scale plant into the City's water supply which will be weighted and ranked to select and recommend a testing site for Variable Salinity Data Collection and Technology Testing. • A background perspective on "State-of-the-Art" of desalination both brackish and seawater as that technology relates to being incorporated into the long-term water management strategies for the City of Corpus Christi (City). • A Work Plan and study protocol for the Variable Salinity Data Collection and Technology Testing and obtaining regulatory and Reclamation approval to proceed with the Demonstration. • Further investigation of potential brackish groundwater areas identified during Phase 1, being performed by a brackish groundwater consultant,which are possible brackish water sources for the Variable Salinity Data Collection and Technology Testing. • Amendment No. 1 Encompasses Tasks which are part of both Phase 2 and Phase 3 of the Desalination Program. a) Phase 2 is defined as Desalination Technology Research and Demonstration Plant Site Selection. Phase 2 will be initiated and completed under Amendment No. 1 within the scope of Technical Memorandum (TM) #1 and TM #2. b) Phase 3 is defined as Variable Salinity Desalination Protocol Development, Demonstration Plant Implementation,Technology Testing, and Data Collection. Phase 3 will be initiated under Amendment No. 1 with the development and completion of TM#3 and TM #4. Phase 3 will continue, in a future Amendment No. 2, as the program progresses to Demonstration Implementation,Technology Testing, and Data Collection. US Bureau of Reclamation Grant Funds can be applied to Phase 3 effort at a proportional match of 1-to-1. • Design criteria for the Desalination Demonstration Plant will be developed under the Scope of TM #3. A process for the development of full scale design criteria will also be proposed in the TM #3 deliverable, but the specific design and operating criteria cannot be developed until completion of the Desalination Demonstration,Technology Testing, and Data Collection. These AMEND. NO. 1 EXHIBIT "A" Page 1 of 14 criteria are also dependent on the involvement and participation of specific stakeholders and industries. a) The Demonstration Plant is defined as the temporary plant designed and operated based on the protocol and criteria developed in TM#3. This plant will be operated for an estimated twenty (20) months and will be used to employ a variety of treatment processes, equipment configurations, and strategies defined in TM #3. b) The Full Scale Plant is defined as the long-term, infrastructure unit which will produce water for customers. • The Desalination Implementation Plan which will include a summary of all findings from the Variable Salinity Desalination Demonstration and represent a complete plan and model for desalination in Corpus Christi can only be developed after the Desalination Demonstration is complete. The Scope of Amendment No. 1 does not include the Demonstration Plant or activities resulting from the Demonstration. 1. Project Administration. The Arch itect/Engineer-A/E (also referred to as Consultant) will conduct the following administration activities: a) Meetings 1. Kick-off Meeting (1) with the City 2. Up to four(4) coordination meetings with the City 3. Up to four (4) coordination meetings amongst consultant team and Reclamation. 4. TM #1 - Draft Review Meeting (1) with City and Reclamation 5. TM #2 —Draft Review Meeting (1) with City and Reclamation 6. TM #3 - Draft Review Meeting (1) with City and Reclamation 7. TM #4—Draft Review Meeting (1) with City and Reclamation. b) Status Reports 1. Provide a monthly status report to the City. This report shall include progress in the last month, anticipated progress for the upcoming month, upcoming submittals/milestones, upcoming meetings/workshops, data requests/project needs, and list of milestones denoting completion or notes for pending completion. C) Reclamation Coordination 1. Coordinate with City and Reclamation to fulfill obligation tasks of Reclamation Grant for Phase 3 Variable Salinity Data Collection and Technology Testing reporting requirements. Status reports will also be sent during the Phase 2 efforts. a. Quarterly Performance Reporting (Progress reports including milestone date compliance, budget compliance and identification of potential issues and resolutions. b. Quarterly SF425 Financial Reporting 2. TM #1 — Desalination Technology Research. The A/E will: a) Research and summarize water resource studies involving Seawater Desalination, Brackish Groundwater Desalination, and Aquifer Storage and Recovery (ASR). A brief summary of only pertinent information from the researched studies will be presented in a technical memorandum. The summary will be broad based to facilitate educational, background and baseline information on previous and on-going significant projects as they may relate to the study. Based on previous study approaches, identify feasible technologies and/or approaches that could benefit from being evaluated further as part of a pilot study and document a list of lessons learned. The projects identified below are not an AMEND. NO. 1 EXHIBIT "A" Page 2 of 14 exhaustive list and other pertinent projects may be considered. 1. Seawater Desalination: a. Corpus Christi i. Large Scale Demonstration Desalination Feasibility Study ii. Padre Island Desalination Plant Feasibility Analysis and Siting Plan b. Texas i. Texas Seawater Desalination Demonstration Project (Brownsville Public Utilities Board) ii. Feasibility and Pilot Study, South Padre Island Seawater Desalination Project (Laguna Madre Water District) iii. Summary of TCEQ Regulations C. National i. Tampa Bay Seawater Desalination Project ii. Carlsbad Seawater Desalination Project iii. Taunton River Desalination Project d. International 2. Brackish Groundwater Desalination: a. Corpus Christi i. Summary of findings from City's groundwater consultant b. Texas i. Brief Summary of TWDB Brackish Groundwater Data Base ii. Brief Summary of TWDB Cost of Brackish Desalination in Texas iii. Brief Summary of TCEQ Regulations Relating to Brackish Groundwater C. National — National Groundwater Association i. Brief Summary of National Prospective on brackish groundwater development 3. Aquifer Storage and Recovery (ASR): a. Corpus Christi i. Summary of findings from City's groundwater consultant ii. TWDB—Geologic Characterization of and Data Collection in the Corpus Christi Aquifer Storage and Recovery Conservation District and Surrounding Counties iii. Summary of regulations of Corpus Christi Aquifer Storage and Recovery Conservation District b. Texas i. TWDB—Corpus Christi ASR Report (2012) ii. Summary of SAWS Aquifer Storage and Recovery Implementation iii. Summary of TCEQ Regulations C. National — National Groundwater Association i. Brief Summary of National Prospective on ASR Development 4. Variable Salinity Desalination (VD) 5. Alternative Energy Sources b) Submit six (6) hard copies and one (1) electronic file on CD of the Draft Technical Memorandum to the City and three (3) hard copies and one (1) electronic file on CD to Reclamation for technical review and comments. C) After the draft review meeting, incorporate comments and submit six (6) hard AMEND. NO. 1 EXHIBIT "A" Page 3 of 14 copies and one (1) electronic file on CD to City and three (3) hard copies and one (1) electronic file on CD to Reclamation. 3. TM #2 —Variable Salinity Desalination Plant Siting Analysis. The A/E will: a) Raw Water Quantity& Quality 1. Review the hydro-geologic results prepared by others for the City to establish acceptable brackish aquifer productivity and quality, including existing potential wells. 2. Review surface water sites, up to 5 site-specific locations, and identify pertinent site constraints a. The location of the pilot will be directly influenced by the feasibility of locating the full scale plant such as intake location, brine disposal location and proximity to water distribution and demand centers. The pilot site will be located in the same general vicinity as the future full-scale plant. 3. A ranking and weighting system will be developed to select up to two (2) sites, which appear to be suitable pilot study areas (Candidate Sites). b) Candidate Site Selection —Once candidate sites are identified, the A/E will coordinate with the City to select up to two (2) potential sites which appear to be acceptable and which will serve to meet the objectives of a variable salinity desalination study. Consideration will be given to proximity to existing utilities and utilizing existing facilities, whenever possible, such as co-locating at Power Plants, utilizing existing groundwater wells, locations of potential groundwater development fields that have been identified by the City's groundwater consultant, obtaining raw water quality data from existing wells and surface water monitoring stations. Right of entry permission shall be obtained by the A/E and preliminary site survey performed to assess any fatal flaw issues. The A/E will identify additional sampling/testing needs to address data gaps. C) Detailed Site Investigation —The A/E will perform a more detailed site investigation to analyze, document and compile the technical, environmental, land use and financial constraints associated with each of the candidate pilot plant sites, including: 1. Concentrate Disposal Evaluation a. Evaluating available concentrate disposal options (including temporary TCEQ wastewater discharge permit, co-disposal at existing power plant discharge, City's wastewater collection system through its industrial pretreatment program, others) for the pilot study including consideration of: i. Previously conducted pilot studies around the state and country ii. Input from Reclamation, TCEQ, City staff, Coastal Bend Bays and Estuaries Program iii. Potential ability to be up-scaled to full scale system b. Identify a recommended concentrate disposal method. 2. Regulatory Coordination. The A/E will: a. Legislative and Permitting Constraints i. Development of Permitting Timelines and Schedules ii. Define Strategies and Plan of Action b. Conduct up to two (2) regulatory meetings between City, TCEQ, Reclamation, TWDB, and other selected stakeholders to review final site location of Pilot plant and discuss issues/concerns for the AMEND. NO. 1 EXHIBIT "A" Page 4 of 14 Variable Salinity Desalination Study. C. Submit permitting applications for TPDES permit for concentrate disposal and TCEQ approval of pilot plant study protocol. 3. Other Considerations —Additionally, potential sites will be screened for security concerns, including preliminary aquatic environmental considerations, and other applicable considerations. The A/E will assist the City in meeting with landowners to discuss lease/land use issues and obtaining pilot facility agreements. d) Preferred Variable Salinity Desalination Plant Site— In consultation with the City, the A/E will make a recommendation on the preferred pilot study site after detailed site investigations have been completed. e) Submit six (6) hard copies and one (1) electronic file on CD of the Draft Technical Memorandum to the City and three (3) hard copies and one (1) electronic file on CD to Reclamation for technical review and comments. f) After the draft review meeting, incorporate comments and submit six (6) hard copies and one (1) electronic file on CD of the Final Technical Memorandum to City and three (3) hard copies and one (1) electronic file on CD to Reclamation. 4. TM #3—Variable Salinity Desalination Plant Technical Criteria. The A/E will: a) Discuss the potential benefits for Variable Salinity Desalination — 1. Strategy for Development of full scale design criteria 2. Development of refined life cycle costing 3. Operation and Maintenance verification 4. City gaining operational experience 5. Public educational value 6. Possibility of testing other third party technologies b) Incorporate pertinent findings from the Desalination Technology Research Technical Memorandum (TM#1) and the Variable Salinity Desalination Plant Siting Analysis Technical Memorandum (TM#2) and establish the Study Objectives. C) Develop the necessary planning, regulatory and technical requirements to implement Desalination Pilot Study. Phase 2 work will include the requirements to execute the following: 1. Obtain TCEQ/Reclamation approval of pilot study protocol. 2. Brackish water well and supply (new well on site, existing well and transport to site, or approved alternative). 3. Schematic VSD Plant Complex layout (seawater intake, groundwater supply, tanks, site contours, canopies, office trailer, piping, electrical, SCADA, phone, fencing and site lighting). 4. Obtain waste disposal permit or waste disposal authorization. 5. Estimate Manpower requirements a. Operator (City) b. Maintenance (City) C. Others 6. Coordination of laboratory sampling and testing for Phase 2 including: Characterization of brackish groundwater quality for the site selected and Characterization of seawater quality for the site selected. The laboratory sampling and testing is to be performed by the City. 7. Describe security requirements for the VSD plant site. 8. VSD Data Collection and Technology Testing Work Plan. a. Develop Work Plan AMEND. NO. 1 EXHIBIT "A" Page 5 of 14 i. Refine Process flow diagram of pilot test based on previous readily available pilot projects ii. Determine anticipated pilot testing blending ratio ranges iii. Anticipated testing water quality ranges iv. Duration of testing period V. Testing requirements vi. Laboratory protocols vii. Reporting and monitoring b. Equipment Selection i. Determine pre-treatment performance requirements and objectives (including equipment types) ii. Determine MF/UF performance, requirements and objectives iii. Determine RO performance requirements and objectives. iv. Obtain proposals from pretreatment and membrane manufacturers for City review. V. Select equipment to be piloted based on required data, performance goals, and manufacturer support during testing, certification, certified challenge studies, and approval of vendors. vi. Assist City in obtaining lease/purchase agreements for Pilot equipment C. Quality Assurance/Quality Control Plan. Discuss the individual responsibilities of the City, Reclamation, Engineer, equipment manufacturer, operator and laboratory staff to establish and maintain quality control throughout the pilot study, including: i. Equipment calibration and maintenance ii. Chain of Custody iii. Operator Schedules/Logs d. Identify Construction Permit Requirements i. Building Permits ii. Electrical Permits iii. Other City Required Permits e. Obtain TCEQ/Reclamation approval of pilot study protocol. d) Develop the Execution Plan for Phase 3 VSD Data Collection and Technology Testing. The Execution Plan will include: 1. Communication plan 2. Progress reports including milestone date compliance, budget compliance and identification of potential issues and resolutions. 3. Grant funding administration plan and requirements 4. Sequencing of work activities 5. Identification of roles and responsibilities of Reclamation 6. Identification of roles and responsibilities of other contractors and participants 7. Milestone scheduling 8. Financial accounting plan e) Submit six (6) hard copies and one (1) electronic file on CD of the Draft Technical Memoranda to the City and three (3) hard copies and one (1) electronic file on CD to Reclamation for technical review and comments. f) After the draft review meeting, incorporate comments and submit six (6) hard copies and one (1) electronic file on CD of the Final Technical Memoranda to City AMEND. NO. 1 EXHIBIT "A" Page 6 of 14 and three (3) hard copies and one (1) electronic file on CD to Reclamation. 5. TM #4—Variable Salinity Desalination Study Protocol. The A/E will: a) Based on water quality characterization taken from the brackish groundwater location and the seawater location, develop operational performance objectives/goals of the RO membrane during pilot testing including anticipated flux rates, blending ratios, and anticipated pretreatment performance. b) Identify sparingly soluble salts that may require antiscalants for RO and identify post treatment options for the RO permeate to achieve water quality objectives. C) Based on previous piloting experience and familiarity with various membrane equipment, provide a recommendation for RO configurations, equipment manufacturer, and type. d) Based on water quality sampling, estimate expected RO feed pressure and permeate water quality. e) Develop VSD Data Collection and Technology Testing Protocol document including: 1. Refine process flow diagram for pretreatment, RO membrane, and post treatment which will reflect the intended full-scale plant based on source water characterization, performance objectives/goals, and previous studies identified in TM #1. 2. Determine anticipated pilot testing blending ratio ranges. 3. Determine anticipated testing water quality and salinity ranges. 4. Establish duration of testing period. 5. Establish testing requirements. 6. Establish laboratory protocols. 7. Establish reporting and monitoring requirements. 8. Operator schedules and log procedures. f) Submit Pilot Study Protocol to TCEQ and Reclamation for review and approval. g) Submit six (6) hard copies and one (1) electronic file on CD of the Draft Technical Memoranda to the City and three (3) hard copies and one (1) electronic file on CD to Reclamation for technical review and comments. h) After the draft review meeting, incorporate comments and submit six (6) hard copies and one (1) electronic file on CD of the Final Technical Memoranda to City and three (3) hard copies and one (1) electronic file on CD to Reclamation. City to Provide or Perform a) City to provide one set of the 2013 Groundwater Study performed by others. b) Grab Sampling and Laboratory Analysis for at least five (5) locations for seawater characterization. Locations are expected to include the following: 1. Barney Davis Power Plant Cooling Water Discharge 2. Corpus Christi Bay, 2,000 feet from the Outlet of Nueces Bay 3. Corpus Christi Bay, 2,000 feet from shoreline 4. Nueces Bay Energy Center Cooling Water Discharge 5. Off Shore, 2,000 feet C) Grab Sampling and Laboratory Analysis for at least five (5) locations for brackish water characterization. Locations to be identified by Freese and Nichols in conjunction with groundwater consultant. d) Obtaining authorization for use of existing well, as applicable. e) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). f) A copy of existing studies and plans (as available from City Engineering files). AMEND. NO. 1 EXHIBIT "A" Page 7 of 14 g) Field location of existing city utilities. (A/E to coordinate with City Operating Department). h) Applicable Master Plans and GIS mapping are available on the City's website. i) Provide bench marks and coordinates. j) The preliminary budget, specifying the funds available for construction. k) The City shall not be responsible for any drilling activities. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Funding Application Preparation. Identify Funding: a) Coordinate with City on funding opportunities for Desal Pilot Study project. b) Research opportunities to include, but not limited to, the following: 1. U.S Restore Act 2. Texas Water Development Board (multiple) a. Planning Grants b. Research and Demonstration Grants — Innovative Water Supplies Demonstration Program i. Water Reuse ii. Aquifer Storage and Recovery iii. Seawater Desalination Demonstration for Industrial Customers c. Others 3. Governor's Economic Development Program Emerging Technologies Fund 4. Federal Grant Programs C) Identify and prepare up to three(3)funding applications for Federal and State Grant Programs. d) Effort includes development and monitoring of the application process, and coordination with the Grant Administrator. 2. Communication and Outreach Support. a) Development of Decision Matrix 1. Identify and screen alternative/innovative water supply strategies a. Desalination b. Water Reuse c. Aquifer Storage and Recovery (ASR) d. Conservation through water supply efficiency b) Assist City in Development of Communication and Outreach Plan AMEND. NO. 1 EXHIBIT "A" Page 8 of 14 2. Conduct a workshop to identify and categorize stakeholder groups and interests 3. Update decision matrix based on input generated during workshop 4. Identify communication strategies and messages to engage key stakeholder groups. C) Up to ten (10) coordination meetings and work sessions with City, Reclamation, Texas A&M Corpus Christi, Harte Institute, Coastal Bend Bays&Estuaries Program, Coastal Bend Bays Foundation, Topaz Power (Barney Davis Power Plant and Nueces Bay Energy Center), Texas Commission on Environmental Quality(TCEQ), Texas Water Development Board (TWDB), Texas Parks and Wildlife Department, Texas A&M Energy Institute (Renewable Power), Nueces County, San Patricio MWD, select State Legislators, and other regional stakeholders. 3. Groundwater Engineering. a) Meetings and Correspondence 1. Teleconference calls as needed to provide project updates. 2. Up to three (3) meetings in Corpus Christi to present preliminary findings, meet with regulatory agencies, and/or meet with Freese and Nichols, Inc. 3. One meeting with TWDB BRACs group to discuss approach and obtain their latest database. b) Evaluate feasibility of using existing wells for pilot study to include identification of closest potential groundwater production field to each potential demonstration plant site. 1. For each of the five potential plant sites, locate the closest available existing well which can sustain a minimum 100 gpm and likely has similar water quality characteristics to the aquifer zone proposed for use for a brackish well field. 2. Work with Freese and Nichols and the City of Corpus Christi to develop a strategy to request permission from candidate well owners to use their wells for the desalination demonstration plant. a. Identify potential wells to be sampled at each of the five sites. Work with Freese and Nichols on approaches for contracting with well owners to acquire samples. Prior to sampling wells, perform site visit to confirm suitability of the well and to discuss possible options for the long-term use of the well. b. Freese and Nichols to communicate sampling requirements and locations to City for sampling and groundwater testing. C) Identify and Perform a Groundwater Assessment at each of the five potential demonstration plant sites — (1) Barney Davis Power Plant; (2) Nueces Bay Energy Center; (3) O.N. Stevens Water Treatment Plant; (4) Harbor Island/Ingleside Area; (5) Location to Be Determined. 1. Develop vertical profiles of sands and clays. 2. Analysis of Geophysical Logs a. Identify and locate an average of four logs per site and a minimum of two logs per site. b. Digitize and analyze logs for water quality and sand percent to a depth of 2,500 feet and map Gulf Coast stratigraphy on to each log. 3. Estimate aquifer productivity. 4. Estimate transmissivity of geological formations. AMEND. NO. 1 EXHIBIT "A" Page 9 of 14 a. Assemble aquifer pumping test data from public water supply wells from TCEQ and analyze the data to estimate hydraulic properties for the geological formation and aquifers that would be pumped at each site. b. Integrate hydraulic properties information from Groundwater Availability Models (GAM) and from public water supply wells with the sand map information to develop transmissivity maps for the study areas. 5. Estimate groundwater quality. a. Evaluate anthropogenic sources of contamination for an approximate area of 25 square miles for each site. This search will include surface sources of potential contamination and injection wells for waste disposal. b. For each site, summarize the water quality parameters from the TWDB groundwater database for an approximate 25 square miles. 6. Estimate the drawdown and potential for subsidence at each site for well fields designed to produce 3,000, 5,000, and 10,000 AFY. d) Collect and analyze additional geophysical logs and well test results for areas of interest. e) Estimate cost for installation and development of new test well. f) Provide the City with Final Groundwater Engineering Technical Report to include all findings of Groundwater Assessment. g) The City will not be responsible for any drilling activities. 4. Sampling. Perform additional sampling/testing of wells to address data gaps. 5. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits, which have not been included in the Basic Services and would be considered unforeseeable. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b) TxDOT utility and environmental permits, multiple use agreements C) Wetlands Delineation and Permit d) Temporary Discharge Permit e) NPDES Permit/Amendments (including SSC, NOI NOT) f) Texas Commission of Environmental Quality(TCEQ) Permits/Amendments g) Nueces County h) Texas Historical Commission (THC) i) U.S. Fish and Wildlife Service (USFWS) j) U.S. Army Corps of Engineers (USACE) k) United States Environmental Protection Agency (USEPA) 1) Texas Department of Licensing and Regulation (TDLR ) m) Texas General Land Office (TGLO) n) Other agency project-specific permits (Permitting of new site well, as necessary.) 6. Right-of-Way (ROW) Acquisition Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS)control network.All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. AMEND. NO. 1 EXHIBIT "A" Page 10 of 14 b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW.A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. C) Provide a preliminary base map containing apparent ROW,which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 7. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at"not to scale"and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. M) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions.Additional fees may be required in resolving boundary conflicts between Owners.A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 8. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. AMEND. NO. 1 EXHIBIT "A" Page 11 of 14 9. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 10. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard"ASCE C- I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data"including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: 1. Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. 2. Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. 3. Storm Water—Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. 4. Wastewater—Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. 5. Water — Water facilities within the project limits will be located to Quality Level C. 6. Gas—Gas facilities within the project limits will be located to Quality Level C by the A/E. The City Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction and coordinate relocation or conflict avoidance. 11. Construction Observation Services. To Be Determined 12. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 13. Training. Coordinate required training of City staff and provide Operation and Maintenance Manuals. AMEND. NO. 1 EXHIBIT "A" Page 12 of 14 14. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement underthe maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit"A". Note: The Exhibit"A-1"Task List does not supersede Exhibit"A". C. SCHEDULE Date Activity May 15, 2014 NTP July 24, 2014 Draft Submittal — TM #1 July 25, 2014 City/Stakeholder Review Workshop — TM #1 August 18, 2014 Final Submittal —TM #1 September 19, 2014 Draft Submittal — TM #2 September 19, 2014 City/Stakeholder Review Workshop — TM #2 October 21, 2014 Final Submittal —TM #2 October 6, 2014 Draft Submittal — TM #3 October 7, 2014 City/Stakeholder Review Workshop — TM #3 November 14, 2014 Final Submittal —TM #3 October 23, 2014 Draft Submittal — TM #4 October 24, 2014 City/Stakeholder Review Workshop — TM #4 November 14, 2014 Final Submittal —TM #4 D. FEES 1. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate(and with City's concurrence)of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. 2. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services,"the City will pay the A/E a not-to-exceed fee as per the table below: AMEND. NO. 1 EXHIBIT "A" Page 13 of 14 Summary of Fees Basic Services Fees 1. TM #1 — Desalination Technology Research (Phase 2) $180,250 2. TM #2 —VSD Plant Siting Analysis (Phase 2) $224,709 3. TM #3—VSD Plant Technical Criteria $194,073 (Program Development) (Phase 3) 4. TM #4 —VSD Study Protocol (TCEQ Permit Criteria) $120,292 (Phase 3) 5. Variable Salinity Data Collection and Technology Testing To Be Determined (Phase 3) 6. Variable Salinity Desalination and Concentrate Disposal To Be Determined Model 7. Bid Phase To Be Determined 8. Construction Administration Phase To Be Determined Subtotal Basic Services Fees $719,324 Additional Services Fees (Allowance) 1. Funding Application Preparation $65,843 2. Communication and Outreach Support $91,532 3. Groundwater Engineering $90,000 4. Sampling To Be Determined 5. Permit Preparation To Be Determined 6. ROW Acquisition Survey To Be Determined 7. Topographic Survey and Parcel Descriptions To Be Determined 8. Environmental Issues To Be Determined 9. Public Involvement To Be Determined 10. Subsurface Utility Investigation To Be Determined 11. Construction Observation Services To Be Determined 12. Startup Services To Be Determined 13. Training To Be Determined 14. Warranty Phase To Be Determined Sub-Total Additional Services Fees Authorized $247,375 Total Authorized Fee $966,699 AMEND. NO. 1 EXHIBIT "A" Page 14 of 14 EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS (Provides supplemental description to Exhibit"A". Exhibit"A-1" Task List does not supersede Exhibit"A.") CITY OF CORPUS CHRISTI DESALINATION PROGRAM PROJECT NO. E13096 Basic Services: The City is undertaking a Variable Salinity Desalination (VSD) Demonstration Program. These basic services are required to provide the necessary information and preparation to successfully perform and complete the study. Amendment No. 1 to Project No. E13063 will provide: • VSD Plant Site Selection Recommendation. The site selection will be driven by several factors including environmental, land use, technical, financial, accessibility, proximity to water supply sources, both brackish and seawater, availability of electrical and utility services, and waste disposal considerations, as well as other factors including integration of a full scale plant into the City's water supply which will be weighted and ranked to select and recommend a testing site for Variable Salinity Data Collection and Technology Testing. • A background perspective on "State-of-the-Art" of desalination both brackish and seawater as that technology relates to being incorporated into the long-term water management strategies for the City of Corpus Christi (City). • A Work Plan and study protocol for the Variable Salinity Data Collection and Technology Testing and obtaining regulatory and Reclamation approval to proceed with the Demonstration. • Further investigation of potential brackish groundwater areas identified during Phase 1, being performed by a brackish groundwater consultant, which are possible brackish water sources for the Variable Salinity Data Collection and Technology Testing. • Amendment No. 1 Encompasses Tasks which are part of both Phase 2 and Phase 3 of the Desalination Program. a) Phase 2 is defined as Desalination Technology Research and Demonstration Plant Site Selection. Phase 2 will be initiated and completed under Amendment No. 1 within the scope of Technical Memorandum (TM) #1 and TM #2. b) Phase 3 is defined as Variable Salinity Desalination Protocol Development, Demonstration Plant Implementation, Technology Testing, and Data Collection. Phase 3 will be initiated under Amendment No. 1 with the development and completion of TM#3 and TM#4. Phase 3 will continue, in a future Amendment No. 2, as the program progresses to Demonstration Implementation,Technology Testing, and Data Collection. US Bureau of Reclamation Grant Funds can be applied to Phase 3 effort at a proportional match of 1-to-1. AMEND. NO. 1 EXHIBIT"A-1" Page 1 of 14 • Design criteria for the Desalination Demonstration Plant will be developed under the Scope of TM #3. A process for the development of full scale design criteria will also be proposed in the TM#3 deliverable, but the specific design and operating criteria cannot be developed until completion of the Desalination Demonstration, Technology Testing, and Data Collection. These criteria are also dependent on the involvement and participation of specific stakeholders and industries. a) The Demonstration Plant is defined as the temporary plant designed and operated based on the protocol and criteria developed in TM#3. This plant will be operated for an estimated twenty (20) months and will be used to employ a variety of treatment processes, equipment configurations, and strategies defined in TM #3. b) The Full Scale Plant is defined as the long-term, infrastructure unit which will produce water for customers. • The Desalination Implementation Plan which will include a summary of all findings from the Variable Salinity Desalination Demonstration and represent a complete plan and model for desalination in Corpus Christi can only be developed after the Desalination Demonstration is complete. The Scope of Amendment No. 1 does not include the Demonstration Plant or activities resulting from the Demonstration. 1. Project Administration.The Arch itect/Eng i neer-A/E(also referred to as Consultant) will conduct the following administration activities: a) Meetings 1. Kick-off Meeting (1) with the City 2. Up to four (4) coordination meetings with the City 3. Up to four (4) coordination meetings amongst consultant team and Reclamation. 4. TM #1 - Draft Review Meeting (1) with City and Reclamation 5. TM #2 —Draft Review Meeting (1) with City and Reclamation 6. TM #3 - Draft Review Meeting (1) with City and Reclamation 7. TM #4—Draft Review Meeting (1) with City and Reclamation. b) Status Reports 1. Provide a monthly status report to the City. This report shall include progress in the last month, anticipated progress for the upcoming month, upcoming submittals/milestones, upcoming meetings/workshops, data requests/project needs, and list of milestones denoting completion or notes for pending completion. C) Reclamation Coordination 1. Coordinate with City and Reclamation to fulfill obligation tasks of Reclamation Grant for Phase 3 Variable Salinity Data Collection and Technology Testing reporting requirements. Status reports will also be sent during the Phase 2 efforts. a. Quarterly Performance Reporting (Progress reports including milestone date compliance, budget compliance and identification of potential issues and resolutions. b. Quarterly SF425 Financial Reporting AMEND. NO. 1 EXHIBIT"A-1" Page 2 of 14 2. TM #1 — Desalination Technology Research. The A/E will: a) Research and summarize water resource studies involving Seawater Desalination, Brackish Groundwater Desalination, and Aquifer Storage and Recovery (ASR). A brief summary of only pertinent information from the researched studies will be presented in a technical memorandum. The summary will be broad based to facilitate educational, background and baseline information on previous and on-going significant projects as they may relate to the study. Based on previous study approaches, identify feasible technologies and/or approaches that could benefit from being evaluated further as part of a pilot study and document a list of lessons learned. The projects identified below are not an exhaustive list and other pertinent projects may be considered. 1. Seawater Desalination: a. Corpus Christi i. Large Scale Demonstration Desalination Feasibility Study ii. Padre Island Desalination Plant Feasibility Analysis and Siting Plan b. Texas i. Texas Seawater Desalination Demonstration Project (Brownsville Public Utilities Board) ii. Feasibility and Pilot Study, South Padre Island Seawater Desalination Project (Laguna Madre Water District) iii. Summary of TCEQ Regulations C. National i. Tampa Bay Seawater Desalination Project ii. Carlsbad Seawater Desalination Project iii. Taunton River Desalination Project d. International 2. Brackish Groundwater Desalination: a. Corpus Christi i. Summary of findings from City's groundwater consultant b. Texas i. Brief Summary of TWDB Brackish Groundwater Data Base ii. Brief Summary of TWDB Cost of Brackish Desalination in Texas iii. Brief Summary of TCEQ Regulations Relating to Brackish Groundwater C. National — National Groundwater Association i. Brief Summary of National Prospective on brackish groundwater development 3. Aquifer Storage and Recovery (ASR): a. Corpus Christi i. Summary of findings from City's groundwater consultant ii. TWDB—Geologic Characterization of and Data Collection in the Corpus Christi Aquifer Storage and Recovery Conservation District and Surrounding Counties AMEND. NO. 1 EXHIBIT"A-1" Page 3 of 14 iii. Summary of regulations of Corpus Christi Aquifer Storage and Recovery Conservation District b. Texas i. TWDB—Corpus Christi ASR Report (2012) ii. Summary of SAWS Aquifer Storage and Recovery Implementation iii. Summary of TCEQ Regulations C. National — National Groundwater Association i. Brief Summary of National Prospective on ASR Development 4. Variable Salinity Desalination (VD) 5. Alternative Energy Sources b) Submit six (6) hard copies and one (1) electronic file on CD of the Draft Technical Memorandum to the City and three (3) hard copies and one (1) electronic file on CD to Reclamation for technical review and comments. C) After the draft review meeting, incorporate comments and submit six (6) hard copies and one (1) electronic file on CD to City and three (3) hard copies and one (1) electronic file on CD to Reclamation. 3. TM #2—Variable Salinity Desalination Plant Siting Analysis. The A/E will: a) Raw Water Quantity& Quality 1. Review the hydro-geologic results prepared by others for the City to establish acceptable brackish aquifer productivity and quality, including existing potential wells. 2. Review surface water sites, up to 5 site-specific locations, and identify pertinent site constraints a. The location of the pilot will be directly influenced by the feasibility of locating the full scale plant such as intake location, brine disposal location and proximity to water distribution and demand centers. The pilot site will be located in the same general vicinity as the future full-scale plant. 3. A ranking and weighting system will be developed to select up to two (2) sites, which appear to be suitable pilot study areas (Candidate Sites). b) Candidate Site Selection — Once candidate sites are identified, the A/E will coordinate with the City to select up to two (2) potential sites which appear to be acceptable and which will serve to meet the objectives of a variable salinity desalination study. Consideration will be given to proximity to existing utilities and utilizing existing facilities, whenever possible, such as co-locating at Power Plants, utilizing existing groundwater wells, locations of potential groundwater development fields that have been identified by the City's groundwater consultant, obtaining raw water quality data from existing wells and surface water monitoring stations. Right of entry permission shall be obtained by the A/E and preliminary site survey performed to assess any fatal flaw issues. The A/E will identify additional sampling/testing needs to address data gaps. C) Detailed Site Investigation —The A/E will perform a more detailed site investigation to analyze, document and compile the technical, environmental, land use and financial constraints associated with each of the candidate pilot plant sites, including: 1. Concentrate Disposal Evaluation AMEND. NO. 1 EXHIBIT"A-1" Page 4 of 14 a. Evaluating available concentrate disposal options (including temporary TCEQ wastewater discharge permit, co-disposal at existing power plant discharge, City's wastewater collection system through its industrial pretreatment program, others) for the pilot study including consideration of: i. Previously conducted pilot studies around the state and country ii. Input from Reclamation, TCEQ, City staff, Coastal Bend Bays and Estuaries Program iii. Potential ability to be up-scaled to full scale system b. Identify a recommended concentrate disposal method. 2. Regulatory Coordination. The A/E will: a. Legislative and Permitting Constraints i. Development of Permitting Timelines and Schedules ii. Define Strategies and Plan of Action b. Conduct up to two (2) regulatory meetings between City, TCEQ, Reclamation, TWDB, and other selected stakeholders to review final site location of Pilot plant and discuss issues/concerns for the Variable Salinity Desalination Study. C. Submit permitting applications that require long lead time (e.g. TPDES permit for concentrate disposal, TCEQ approval of pilot plant study protocol). 3. Other Considerations —Additionally, potential sites will be screened for security concerns, including preliminary aquatic environmental considerations, and other applicable considerations. The A/E will assist the City in meeting with landowners to discuss lease/land use issues and obtaining pilot facility agreements. d) Preferred Variable Salinity Desalination Plant Site— In consultation with the City, the A/E will make a recommendation on the preferred pilot study site after detailed site investigations have been completed. e) Submit six (6) hard copies and one (1) electronic file on CD of the Draft Technical Memorandum to the City and three (3) hard copies and one (1) electronic file on CD to Reclamation for technical review and comments. f) After the draft review meeting, incorporate comments and submit six (6) hard copies and one (1) electronic file on CD of the Final Technical Memorandum to City and three (3) hard copies and one (1) electronic file on CD to Reclamation. 4. TM #3—Variable Salinity Desalination Plant Technical Criteria. The A/E will: a) Discuss the potential benefits for Variable Salinity Desalination — 1. Strategy for Development of full scale design criteria 2. Development of refined life cycle costing 3. Operation and Maintenance verification 4. City gaining operational experience 5. Public educational value 6. Possibility of testing other third party technologies b) Incorporate pertinent findings from the Desalination Technology Research Technical Memorandum (TM#1) and the Variable Salinity Desalination AMEND. NO. 1 EXHIBIT"A-1" Page 5 of 14 Plant Siting Analysis Technical Memorandum (TM#2) and establish the Study Objectives. C) Develop the necessary planning, regulatory and technical requirements to implement Desalination Pilot Study. Phase 2 work will include the requirements to execute the following: 1. Obtain TCEQ/Reclamation approval of pilot study protocol. 2. Brackish water well and supply (new well on site, existing well and transport to site, or approved alternative). 3. Schematic VSD Plant Complex layout (seawater intake, groundwater supply, tanks, site contours, canopies, office trailer, piping, electrical, SCADA, phone, fencing and site lighting). 4. Obtain waste disposal permit or waste disposal authorization. 5. Estimate Manpower requirements a. Operator (City) b. Maintenance (City) C. Others 6. Coordination of laboratory sampling and testing for Phase 2 including: Characterization of brackish groundwater quality for the site selected and Characterization of seawater quality for the site selected. The laboratory sampling and testing is to be performed by the City. 7. Describe security requirements for the VSD plant site. 8. VSD Data Collection and Technology Testing Work Plan. a. Develop Work Plan i. Refine Process flow diagram of pilot test based on previous readily available pilot projects ii. Determine anticipated pilot testing blending ratio ranges iii. Anticipated testing water quality ranges iv. Duration of testing period V. Testing requirements vi. Laboratory protocols vii. Reporting and monitoring b. Equipment Selection i. Determine pre-treatment performance requirements and objectives (including equipment types) ii. Determine MF/UF performance, requirements and objectives iii. Determine RO performance requirements and objectives. iv. Obtain proposals from pretreatment and membrane manufacturers for City review. V. Select equipment to be piloted based on required data, performance goals, and manufacturer support during testing, certification, certified challenge studies, and approval of vendors. vi. Assist City in obtaining lease/purchase agreements for Pilot equipment C. Quality Assurance/Quality Control Plan. Discuss the individual responsibilities of the City, Reclamation, Engineer, equipment manufacturer, operator and AMEND. NO. 1 EXHIBIT"A-1" Page 6 of 14 laboratory staff to establish and maintain quality control throughout the pilot study, including: i. Equipment calibration and maintenance ii. Chain of Custody iii. Operator Schedules/Logs d. Identify Construction Permit Requirements i. Building Permits ii. Electrical Permits iii. Other City Required Permits e. Obtain TCEQ/Reclamation approval of pilot study protocol. d) Develop the Execution Plan for Phase 3 VSD Data Collection and Technology Testing. The Execution Plan will include: 1. Communication plan 2. Progress reports including milestone date compliance, budget compliance and identification of potential issues and resolutions. 3. Grant funding administration plan and requirements 4. Sequencing of work activities 5. Identification of roles and responsibilities of Reclamation 6. Identification of roles and responsibilities of other contractors and participants 7. Milestone scheduling 8. Financial accounting plan e) Submit six (6) hard copies and one (1) electronic file on CD of the Draft Technical Memoranda to the City and three (3) hard copies and one (1) electronic file on CD to Reclamation for technical review and comments. f) After the draft review meeting, incorporate comments and submit six (6) hard copies and one (1) electronic file on CD of the Final Technical Memoranda to City and three (3) hard copies and one (1) electronic file on CD to Reclamation. 5. TM #4—Variable Salinity Desalination Study Protocol. The A/E will: a) Based on water quality characterization taken from the brackish groundwater location and the seawater location, develop operational performance objectives/goals of the RO membrane during pilot testing including anticipated flux rates, blending ratios, and anticipated pretreatment performance. b) Identify sparingly soluble salts that may require antiscalants for RO and identify post treatment options for the RO permeate to achieve water quality objectives. C) Based on previous piloting experience and familiarity with various membrane equipment, provide a recommendation for RO configurations, equipment manufacturer, and type. d) Based on water quality sampling, estimate expected RO feed pressure and permeate water quality. e) Develop VSD Data Collection and Technology Testing Protocol document including: 1. Refine process flow diagram for pretreatment, RO membrane, and post treatment which will reflect the intended full-scale plant based on source water characterization, performance objectives/goals, and previous studies identified in TM #1. 2. Determine anticipated pilot testing blending ratio ranges. 3. Determine anticipated testing water quality and salinity ranges. AMEND. NO. 1 EXHIBIT"A-1" Page 7 of 14 4. Establish duration of testing period. 5. Establish testing requirements. 6. Establish laboratory protocols. 7. Establish reporting and monitoring requirements. 8. Operator schedules and log procedures. f) Submit Pilot Study Protocol to TCEQ and Reclamation for review and approval. g) Submit six (6) hard copies and one (1) electronic file on CD of the Draft Technical Memoranda to the City and three (3) hard copies and one (1) electronic file on CD to Reclamation for technical review and comments. h) After the draft review meeting, incorporate comments and submit six (6) hard copies and one (1) electronic file on CD of the Final Technical Memoranda to City and three (3) hard copies and one (1) electronic file on CD to Reclamation. City to Provide or Perform a) City to provide one set of the 2013 Groundwater Study performed by others. b) Grab Sampling and Laboratory Analysis for at least five (5) locations for seawater characterization. Locations are expected to include the following: 1. Barney Davis Power Plant Cooling Water Discharge 2. Corpus Christi Bay, 2,000 feet from the Outlet of Nueces Bay 3. Corpus Christi Bay, 2,000 feet from shoreline 4. Nueces Bay Energy Center Cooling Water Discharge 5. Off Shore, 2,000 feet C) Grab Sampling and Laboratory Analysis for at least five (5) locations for brackish water characterization. Locations to be identified by Freese and Nichols in conjunction with groundwater consultant. d) Obtaining authorization for use of existing well, as applicable. e) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). f) A copy of existing studies and plans (as available from City Engineering files). g) Field location of existing city utilities. (A/E to coordinate with City Operating Department). h) Applicable Master Plans and GIS mapping are available on the City's website. i) Provide bench marks and coordinates. j) The preliminary budget, specifying the funds available for construction. k) The City shall not be responsible for any drilling activities. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. A. ADDITIONAL SERVICES AMEND. NO. 1 EXHIBIT"A-1" Page 8 of 14 This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works.A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall,with written authorization by the Executive Director of Public Works, perform the following: 1. Funding Application Preparation. Identify Funding: a) Coordinate with City on funding opportunities for Desal Pilot Study project. b) Research opportunities to include, but not limited to, the following: 1. U.S Restore Act 2. Texas Water Development Board (multiple) a. Planning Grants b. Research and Demonstration Grants — Innovative Water Supplies Demonstration Program i. Water Reuse ii. Aquifer Storage and Recovery iii. Seawater Desalination Demonstration for Industrial Customers c. Others 3. Governor's Economic Development Program Emerging Technologies Fund 4. Federal Grant Programs C) Identify and prepare up to three (3) funding applications for Federal and State Grant Programs. d) Effort includes development and monitoring of the application process, and coordination with the Grant Administrator. 2. Communication and Outreach Support. a) Development of Decision Matrix 1. Identify and screen alternative/innovative water supply strategies a. Desalination b. Water Reuse c. Aquifer Storage and Recovery (ASR) d. Conservation through water supply efficiency b) Assist City in Development of Communication and Outreach Plan 1. Conduct a workshop to identify and categorize stakeholder groups and interests 2. Update decision matrix based on input generated during workshop 3. Identify communication strategies and messages to engage key stakeholder groups. C) Up to ten (10) coordination meetings and work sessions with City, Reclamation, Texas A&M Corpus Christi, Harte Institute, Coastal Bend Bays &Estuaries Program, Coastal Bend Bays Foundation,Topaz Power(Barney Davis Power Plant and Nueces Bay Energy Center), Texas Commission on Environmental Quality(TCEQ), Texas Water Development Board (TWDB), Texas Parks and Wildlife Department, Texas A&M Energy Institute (Renewable Power), Nueces County, San Patricio MWD, select State Legislators, and other regional stakeholders. AMEND. NO. 1 EXHIBIT"A-1" Page 9 of 14 3. Groundwater Engineering. a) Meetings and Correspondence 1. Teleconference calls as needed to provide project updates. 2. Up to three (3) meetings in Corpus Christi to present preliminary findings, meet with regulatory agencies, and/or meet with Freese and Nichols, Inc. 3. One meeting with TWDB BRACs group to discuss approach and obtain their latest database. b) Evaluate feasibility of using existing wells for pilot study to include identification of closest potential groundwater production field to each potential demonstration plant site. 1. For each of the five potential plant sites, locate the closest available existing well which can sustain a minimum 100 gpm and likely has similar water quality characteristics to the aquifer zone proposed for use for a brackish well field. 2. Work with Freese and Nichols and the City of Corpus Christi to develop a strategy to request permission from candidate well owners to use their wells for the desalination demonstration plant. a. Identify potential wells to be sampled at each of the five sites. Work with Freese and Nichols on approaches for contracting with well owners to acquire samples. Prior to sampling wells, perform site visit to confirm suitability of the well and to discuss possible options for the long-term use of the well. b. Freese and Nichols to communicate sampling requirements and locations to City for sampling and groundwater testing. C) Identify and Perform a Groundwater Assessment at each of the five potential demonstration plant sites — (1) Barney Davis Power Plant; (2) Nueces Bay Energy Center; (3) O.N. Stevens Water Treatment Plant; (4) Harbor Island/Ingleside Area; (5) Location to Be Determined. 1. Develop vertical profiles of sands and clays. 2. Analysis of Geophysical Logs a. Identify and locate an average of four logs per site and a minimum of two logs per site. b. Digitize and analyze logs for water quality and sand percent to a depth of 2,500 feet and map Gulf Coast stratigraphy on to each log. 3. Estimate aquifer productivity. 4. Estimate transmissivity of geological formations. a. Assemble aquifer pumping test data from public water supply wells from TCEQ and analyze the data to estimate hydraulic properties for the geological formation and aquifers that would be pumped at each site. b. Integrate hydraulic properties information from Groundwater Availability Models (GAM) and from public water supply wells with the sand map information to develop transmissivity maps for the study areas. 5. Estimate groundwater quality. AMEND. NO. 1 EXHIBIT"A-1" Page 10 of 14 a. Evaluate anthropogenic sources of contamination for an approximate area of 25 square miles for each site. This search will include surface sources of potential contamination and injection wells for waste disposal. b. For each site, summarize the water quality parameters from the TWDB groundwater database for an approximate 25 square miles. 6. Estimate the drawdown and potential for subsidence at each site for well fields designed to produce 3,000, 5,000, and 10,000 AFY. d) Collect and analyze additional geophysical logs and well test results for areas of interest. e) Estimate cost for installation and development of new test well. f) Provide the City with Final Groundwater Engineering Technical Report to include all findings of Groundwater Assessment. g) The City will not be responsible for any drilling activities. 4. Sampling. Perform additional sampling/testing of wells to address data gaps. 5. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits, which have not been included in the Basic Services and would be considered unforeseeable. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b) TxDOT utility and environmental permits, multiple use agreements C) Wetlands Delineation and Permit d) Temporary Discharge Permit e) NPDES Permit/Amendments (including SSC, NOI NOT) f) Texas Commission of Environmental Quality(TCEQ) Permits/Amendments g) Nueces County h) Texas Historical Commission (THC) i) U.S. Fish and Wildlife Service (USFWS) j) U.S. Army Corps of Engineers (USACE) k) United States Environmental Protection Agency (USEPA) I) Texas Department of Licensing and Regulation (TDLR ) m) Texas General Land Office (TGLO) n) Other agency project-specific permits (Permitting of new site well, as necessary) 6. Right-of-Way(ROW)Acquisition Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to AMEND. NO. 1 EXHIBIT"A-1" Page 11 of 14 the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 7. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS)control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two(2)found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at"not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. M) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. AMEND. NO. 1 EXHIBIT"A-1" Page 12 of 14 8. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 9. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 10. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: 1. Excavation —The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. 2. Utility Location—The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. 3. Storm Water— Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. 4. Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. 5. Water — Water facilities within the project limits will be located to Quality Level C. 6. Gas—Gas facilities within the project limits will be located to Quality Level C by the A/E. The City Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction- related excavation of the potential for encountering their utility lines during construction and coordinate relocation or conflict avoidance. 11. Construction Observation Services, To Be Determined AMEND. NO. 1 EXHIBIT"A-1" Page 13 of 14 12. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 13. Training. Coordinate required training of City staff and provide Operation and Maintenance Manuals. 14. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. AMEND. NO. 1 EXHIBIT"A-1" Page 14 of 14 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised November 2013) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury & Property Damage non-renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 AMEND. NO. 1 EXHIBIT"B" Page 1 of 3 KAEngineering Data Exchange\JENNIFER\WATER\E13063 CITY OF CC DESALINATION PROGRAM\AMENDMENT NO.1\CONTRACT\Exhibit B.docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. AMEND. NO. 1 EXHIBIT"B" Page 2 of 3 KAEngineering Data Exchange\JENNIFER\WATER\E13063 CITY OF CC DESALINATION PROGRAM\AMENDMENT NO.1\CONTRACT\Exhibit B.docx H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of the negligent performance of Consultant's services in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. AMEND. NO. 1 EXHIBIT"B" Page 3 of 3 KAEngineering Data Exchange\JENNIFER\WATER\E13063 CITY OF CC DESALINATION PROGRAM\AMENDMENT NO.1\CONTRACT\Exhibit B.docx to CD " N N o 0 0 0 0 0 0 0 ++ O O O O O In O O O O O r O r M Q N m 0 LO co N r M N r E E v r m 5,� a � a O V a� °o °O ° O °o °0 ° ° 000 °0 °o °o °o 0 o In In LO m � � LO 0 LO O o > Cq C6 O 00 °O ° ° 00 O� ° ° m m m CD C)00 ° °O o 2 O a LO t- LO In > > � 64 � 64 � c a — _ °Ef3 0 O O LO 0° ° ° 0 O I°O O I°O c o H H � LO CN E > r Q s O O O O O O o I• p p p O t� ti W ++ 0 0 0 O to O N N m m m qr to Nr a) O O ti to N O V. CO ti N f- O) Q 'r M M ccr N r V l 00 I N 4.0 64% ER 69, d? to Z c U) rfff O V N C1 0 0 0 0 . � ° N O N 03, ° c m m m CNO N C4 co IL Z Z V Z c- V- T-7 e-- r N W O v 'O 'p EA to tt) 69 t- 6"o > E wo > Q CL IL — 0 0 co 0 O o 0 0 00 0 0 0 0 C%4 CN O o o H m o 0 V Z r r ,O 6p* EA d3 69 E .�.� 0 0 0 0 0 0 000 0 0 O O o 0 C) 0 0 0 0 O m m m o 0 o 0 ` 0 0 In LO 0 O P F. P O O O O T- C'4 N � C14 (0 N C « � 4 O V a) U_ N co N w LL cis a) O N V O N a) a) a) 11. U N cUC L U a) N O d d t 0 a U m c N m = IL to N 0 cc a 0 �a G o m ca Q 2+ ai w LL CP) 1° m c O 0 06 m a 0 m 0 U) Q a s a 0 c4 cn m m Q H E . NO. 1 IT"C" 1 c 1 SUPPLIER NUMBER TO BE ASSIGNED BYrn -- o PURCHASING DIVISION ~� Ci of CITY OF CORPUS CHRISTI ty �; DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols P.O.BOX: N/A 800 N.Shoreline Blvd, 78401 STREET ADDRESS: Suite 1600N CITY: Corpus Christi ZIP: FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessar=y,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 N Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name � l� Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Kj J, Committee 4. State the names of each employee or officer of a"consultant" for the City of CoTus 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 t,,j /n-5 Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed wasting filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Principal (Type or Print) Signature of Certifying Date: l `l Person: l DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit'. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ro' Oa V +, O c� N U •� o � � U � Q O U „ o � •� cry U �, " O 4-j V � •� U 4� V 4--J ,� O �_ 4--J jjjj wd3 oaOT gym° LadSGS �NH'IVN �a +n a ncn °°a ........... w a r u � u Q Iw Q w saa31li � saa11ld 4-ja�'pl+�+e.7 ��PF+lady V LL. �w �--� V) :5 O � V C ............... A E. 1 1 W o000000000o m M u^ 0 CL 4 0] 1 ?� ui �^ O vi www ......., ...�.�� 0 u • Q� O a E MT -61 1�1 Qu u -61 "� •� ;4 UY a r ;-.4 bA WO lu 06 U � O z M c� N � U 0 H C4 S rl � 0 rl Q N 0 o 4� z CC� U • co o co N �+ a C: 0 o O c V U aJ c p 4-J o z � O b V U v co uC 0 0 L m a) •— co L co V Q *Z; � O � E W 0 co 0 0 ca U ;_ m � E cn c L 0 - a u M C.) O Ln -0 c� Q o V - ca a E2 UQ a� i aJ •U Cl w O ca O 4-j N 0 O O n w O V N m (O tf) O n >, cm m O O m IT 0 w 0 m ao co O A \ 0 I- I- O 0 m 0 O m m Cl) O n n m W O N O t C C (6 T (0 L N N w GO O w I- O m V V O w (O M f- O O 0 M IT m r m O f- m O N r r N a) EH EH EH EH 4% EH EH EH 4% fi? EH EA EA EA EA N 3 LO O I- O r O Q N I- O N C7 O O V V O LO O O W O LL 4-1 o a o o 0 r^ c ?, O O U U) U > N :3 N N a) Lo{Y� 0 0 Cu Q O C C Q O N co 0 Cu } } U C (1) N U j 0 0 (6 O O LL Q N O LL N O 10 N Li cA c c > >. a d t > cu V) r- 0) (1) o a�i H Z o m Q U uJ H U �a .o cu w O 0 -0 (D W N ca o u) w a) > D- E t W o N t U >. U H N o O � W co N Z > a) Z N Q U a) Z T > N w o p O p W +' O 0) O N N W o o c a) ^ 1 p T . O 0 m d cu c o c U a m E m .> o V/ > m w a a� m o O X � � E a w N a � c � � a 'o N cu w a) m a) a ) m a) H e 0 m c L � W N D j 3 U v C7 7 O ? a) Z m m U a) Z O Li �' E p O d d (n E > W w a) p w +. a) a) Z E c a) '0 C a) O N +, O N ('7 V E 7 N Y O m � Q U U (6 a) Q o o Z O c c E o 0 3 o a) m m LL ~ U .rn °) c H H H H U CD O a ~ °� o m U w w a) c a) °� " 4 W °� a�i U c m 7 O (L O � 0 7 0 (L LL a) � U t LL F- (L 0 O F- F- a F- a � � �E Q �` Y United States Department of the Interior W G BUREAU OF RECLAMATION PO Box 25007 ,ear Denver, Colorado 80225-0007 84-27852 ACM-1.10 City of Corpus Christi Attn: Brent Clayton 1201 Leopard St. Corpus Christi, TX 78401 Subject: Funding Opportunity Announcement No. R13SF80007—Desalination and Water Purification Research Program for Fiscal Year 2013 -"City of Corpus Christi Desalination Pilot Study" Dear Mr. Clayton, Thank you for submitting your proposal to the Desalination and Water Purification Research Program (DWPR). The Bureau of Reclamation is pleased to inform you that your proposal was among those receiving a high rating and is being considered for award of a financial assistance agreement at the requested amount of$200,000 for the first year. The second year award would be made based on the successful accomplishment of year one and if funding is available at that time. Please note that this amount may require adjustment if necessary to comply with statutory requirements as further information about your project is developed. Please note that that this letter is not a final commitment of funding. A financial assistance agreement will not be executed and funds will not be awarded until all statutory and regulatory requirements have been met.Note also that if the non-Federal cost share for your project has not yet been secured, letters indicating commitments for non-Federal cost share funding must be secured and forwarded to this office prior to award of the financial assistance agreement. Please refer back to Section 6 of the FOA for the terms and details on reporting requirements and distribution. In addition,please note that you are required to present your findings at the end of your agreement in Denver, CO. If this is not a task that was originally proposed as part of your application, it must be included and the budget adjusted accordingly. Thank you for your interest and participation in the DWPR program. Reclamation's Denver office will be responsible for awarding and administering your agreement and will contact you to finalize your award. If you have any questions concerning the next steps in awarding this agreement,please contact me at mmaher @usbr.gov or via telephone at(303)445-2025. Sincerely, /s/ Michelle Maher Grants Officer AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 29, 2014 xg Second Reading for the City Council Meeting of May 13, 2014 DATE: April 4, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, Interim Director, Development Services BarneyW@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement with Developer and Reimbursement of $215,861.52 for the City's cost of South Oso Parkway CAPTION: Ordinance authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, LP., ("Developer"), to reimburse the Developer up to $215,861.52 for the City's share of the cost to extend South Oso Parkway, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., is eligible for reimbursement for the required extra pavement dimension of South Oso Parkway and its realignment. BACKGROUND AND FINDINGS: The developer, MPM Development, LP., is developing the final phase of a multi-phased single-family residential subdivision named King Estates Unit 4. The subdivision is located on the south end of South Staples Street (FM 2444) and east of King Trail. King Estates Unit 4 will contain 35 single-family residential lots. The Planning Commission approved the plat for King Estates Unit 4 on January 29, 2014. The participation agreement is for the required extra pavement dimension of South Oso Parkway and its realignment. The developer is required to construct up to a residential collector. South Oso Parkway is required 2 inches in extra thickness in the base, sub-base and asphalt which is comparable to a non-residential collector and as such is eligible for reimbursement. The realignment of South Oso Parkway is the result of existing right-of-way on the north side of South Staples Street (FM 2444). In 2009, the City replatted the Botanical Gardens property and moved South Oso Parkway west to abut the residential lots in Botanical Gardens Park Unit 4. With the development of the subject property, the developer is required to align South Oso Parkway with the existing right-of-way across South Staples Street (FM 2444). The required alignment made for an unusually shaped lot. Therefore, staff is recommending half-street participation for the frontage of Lot 1. ALTERNATIVES: Disapproval of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding South Oso Parkway for new subdivision as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Bond 2012 Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount $143,296.73 $239,404.87 0 $382,701.60 This item $215,861.52 $215,861.52 BALANCE $606,703.27 $1,044,733.61 $750,000.00 $2,401,436.88 Fund(s): Comments: Balance reflects amount for Coves at Lago Vista Unit 3B and Rancho Vista Unit 9 participation agreements. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Participation agreement Ordinance ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, LP., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $215,861.52 FOR THE CITY'S SHARE OF THE COST TO EXTEND SOUTH OSO PARKWAY, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement") with MPM Development, LP ("Developer"), for the CITY's portion of the cost of South Oso Parkway, including all related appurtenances, for development of King Estates Unit 4, Corpus Christi, Nueces County, Texas. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Q y �Q z• �2 �iM>d o¢'O ei o Wi M o� Q- �� ta sSb y � o O J J �Q0 Z w C'` W .01—MIAEMpO OR DOJO O� b � Q a W �S 0 W j a� P Y W �lc a ��l�, ,innNdyanoi xo�s a y ° ;�r � a ,a0 S3a9H• .NIN lay NIN z l J t Z • ANUtd OSO S-. N VH AllIN aOSIS3W3N � 1• wnvNaadva a r i BETHLEHEMOR � � a0 NOIZ LW �� � � O O w' O I I O f I � 7 i � ��,1D 3NtlW3SHW30 W PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, L.P., ("Owner"), a Texas corporation, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 23.20 acres, a portion of the south half of Section 31, Laureles Farm Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as King Estates Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct South Oso Parkway from its existing terminus for a distance of approximately 417 feet to connect with the existing roadway on South Staples Street (FM 2444) as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $215,861.52. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. 1. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 2 of 6 CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF KING ESTATES UNIT 4 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 3 of 6 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all Its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. MPM Development LP-King Estates Unit 4 Participation Agmt v inai Page 4 of 6 N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi MPM Development, LP Attn: Director, Development Services Attn: Mossa Moses Mostaghasi, 2406 Leopard Street 178401 General Partner P.O. Box 9277178469-9277 426 S. Staples Corpus Christi, Texas Corpus Christi, Texas 78401 with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street/78401 P. O. Box 9277/ 78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be May 27, 2016. (EXECUTION PAGES FOLLOWS) MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 5 of 6 i EXECUTED in one original this day of 92014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal form: Julian Grant Assistant City Attorney OWNER: MPM Development, LP. Mossa Mos s Mosta g hasi Date General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Mossa Moses Mostaghasi, General Partner, MPM Develop ent, LP., a Limited Partnership, on behalf of said partnership. TANYA ROJAS My commission Expires O Publl� S I natur October t5,2017 ry g MPM Development LP-King Estates Unit 4 Participation Agmt vinal Page 6 of L ro V `r Y X xx l E 3 , W H", - 4 2 A A E > Az 6 x I z yid & T N A A, 5 8 Im 1. 1 P H fl o oo m 1,1� n �l lul A 1 1, 1,A A t sae(7 o (E) 0 Y 66 Ml _8 P 4 �/' 1 5 TT 11 Z 11 i,, 12 v @ @ (D ...... F 3a § S§ 1,2 2 P 9,,p 8 18, 88 8 1, S 1, 1 W z< I In ,Z m... 2 x�,Nnoo�AY3 A 0 A, A I o (D @ im i�o sn�doo jo Ain A 'SIOV�l W�VA 'V) Ll -1 ILS.30 2/S NQII�Cd 88 [�oj �,C. 10 OOS o V) �- VT S.113w ,r LAJ 'A 4.j 23 9 DZ LJ 6" LLi LJ LU D U) �vz CO to vw'\ cu 5 '6 9 6 6 f3i�alz w,,Nql Ji --k 10 R mA 8 a_ -90.DGN o t7 o7,,7],,- ArK -1 my oF 0� ------Pt 0 2 bj4 61, P J" J 2 01 m Lo I.Z, '010�06 co cl 9 ID ti IN aj < 61 E Lo la 991 M�M mol pinos Avm)INVCI 11 2 2,y3 > cz RX '01 IT Lj W�q M . o `Ig w to I 5,1 lvns o T1 m7nv -&11Z,777_. 77- ---------- u d 88 1001 --1,00 00 DON f CL S, STAPLES ST, ( FM 2444) FUTURE PAVEMENT N BY TXD❑T I 111 STA 10+66, 07 END C&G i 111 PAVEMENT & WALK LT & RT, TC LT & RT 15. 15 II II 11 O 1 0 11 0 11 2 0 11 U o-i 8o RBB\\ p 5 4D r:oN 14.g \\ Ld \\ GOJ \\ O� V in l \\ CAS z> 2 STA 8+53. 52 \ 4 CL 5' CV & PT RT, TC LT 14. 51, TC RT 14. 31 OxO (1 O STA 8+11, 10 PC LT \\ TC LT 14. 64 \\ STA 7+83. 38 PC RT i \\ TC LT & RT 14. 72 \\ 3 \\ O \\ 1 O \\ STA 6+95. 42 GB & \\ PT LT & RT, TC LT & RT 14. 99 \\ I O bo \\ \ \\ 4 \\ \\ \ \ w►�1.\ 2 \\ \\ \ \\ \ \ Lsm EXHIBIT SHOWING ❑S❑ PARKWAY IMPROVEMENTS BASS AND WELSH ENGINEERING *: ISM." CORPUS CHRISTI,TI, T 00027-00, p OPPOSITE OF LOT 1 , BLOCK 1 TX ENGINEERING REG. 27 00, 1'= 60' FILE: EXB-1, JOB N0. 13057, 3/21/14 SCALE: 1" = 60' PLOT SCALE: SAME, PLOT DATE: 3/21/14, SHEET 1 OF 1 Exhibit 2 BASS WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 3/26/14 P.O. Box 6397 13057-PCE.XLS Corpus Christi,TX 78466-6397 KING ESTATES UNIT 4 COST ESTIMATE Street&Surface Items 2"HMAC 4779 SY 17.50 $83,632.50 4"HMAC 4077 SY 35.00 142,695.00 6"Curb&Gutter 4618 LF 14.50 66,961.00 6"Limestone Base 5978 SY 17.50 104,615.00 11"Limestone Base 4933 SY 34.00 167,722.00 8"Lime Stabilized Subgracte to 10909 SY 7.80 85,090.20 4"Thick RIC Wallk 22248 SF 4.50 100,116.00 5'RC Valley gutter 72 LF 60.00 4,320.00 Clearing and Grubbing 1 LS 12,000.00 12,000.00 Excavation 1 LS 125,000.00 125,000.00 Street Signs 3 EA 300.00 900.00 $893,051.70 Storm Sewer Items 5 inlet Slot or Post Type 8 EA 2,400.00 $19,200.00 Ty A Manhole 3 EA 2,400.00 7,200.00 Ty B Manhole 1 EA 2,400.00 2,400.00 15"RCP 517 LF 35.00 18,095.00 18"RCP 566 LF 41.00 23,206.00 21"RCP 512 LF 44.00 22,528.00 24"RCP 504 LF 48.00 24,192.00 30"RCP 29 LF 58.00 1,682.00 36"RCP 249 LF 65.00 16,185.00 Headwall Structure at end of pipe 3 EA 4,500.00 13,500.00 Crushed Stone Rip Rap in 2 Places 1 LS 6,500.00 6,500.00 $154,688.00 Water Items 12"Tapping Saddle w/sleeve 1 EA 2,100.00 $2,100.00 8"PVC Pipe 1148 LF 35.00 40,180.00 8"Tee,DI 3 LF 400.00 1,200.00 8"Gate Valve w/Box 1 EA 980.00 980.00 6"PVC Pipe 920 LF 30.00 27,600.00 6"Gate Valve w/Box 4 EA 900.00 3,600.00 6"EL,90*DI 4 EA 250.00 1,000.00 6"Tee,DI 1 LF 350.00 350.00 6'x 30"PVC Nipple 8 EA 225.00 1,800.00 Fire Hydrant Assembly 2 EA 3,600.00 7,200.00 2"x8"Double Strap Connector and 2'corp valve 1 LS 1,200.00 1,200.00 2'HDPE 362 LF 22.00 7,964.00 Double Water Service 16 EA 600.00 9,600.00 Single water service 3 EA 500.00 1,500.00 $106,274.00 Miscellaneous Construction Blank 2"and 4"Conduit for AEP 150 LF 15.00 $2,250.00 Traffic Control&Barricading Plan(During Construction) 1 LS 500.00 500.00 Trench Safety for Excavations(Sanitary Sewer&Storm Sewer 2423 LF 2.00 4,846.00 Pipes of all Sizes) Storm Water Pollution Prevention 1 LS 3,000.00 3,000.00 $10,596.00 $1,164,609.70 Exhibit 3 Page 1 of 2 BASS WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 13057-PCE-STREET 3/21/2014 KING ESTATES UNIT 4 OSO PARKWAY REIMBURSEMENT ITEMS A. CITY REIMBURSEMENT STREET IMPROVEMENTS OPPOSITE LOT 1, BLOCK 1 NORTH OF STA 6+57.57 ITEM I DESCRIPTION QUANTITY I UNIT I UNIT PRICE AMOUNT 1 6"CURB&GUTTER 417 LF 14.50 6,046.50 2 4"CONCRETE WALK 1735 SF 4.50 7,807.50 3 5'CONC.VALLEY&GUTTER 18 LF 60.00 1,080.00 4 4" HMAC 815 SY 35.00 28,525.00 5 11"CRUSHED LIMESTONE BASE TO 2' BC 1000 SY 34.00 34,000.00 6 8" LIME STABILIZED SUBGRADE TO 2' BC 1000 SY 7.80 7,800.00 7 1EXCAVATION 11 LS 1 7,500.001 7,500.00 8 ICLEARING AND GRUBING 11 LS 1 1,600.001 1,600.00 CITY PORTION $ 94,359.00 B. CITY REIMBURSE OVERSIZING ON DEVELOPERS PORTION OF STREET IMPROVEMENTS STA 6+57.57 TO NORTH ITEM I DESCRIPTION I QUANTITY I UNIT I UNIT PRICE I AMOUNT 1 IDIFFERENCE IN PRICE BETWEEN 2"HMAC&4"HMAC 1 8071 SY 1 17.501 14,122.50 2 DIFFERENCE IN PRICE BETWEEN 8"LIMESTONE BASE AND 11" ILIMESTONE BASE 988 SY 1 10.50 10,374.00 CITY PORTION $ 24,496.50 C. CITY REIMBURSE OVERSIZING ON STREET IMPROVEMENTS STA 6+57.57 TO SOUTH ITEM I DESCRIPTION I QUANTITY I UNIT I UNIT PRICE AMOUNT 1 DIFFERENCE IN PRICE BETWEEN 2"HMAC&4"HMAC 1 24361 SY 1 17.501 42,630.00 2 DIFFERENCE IN PRICE BETWEEN 8"LIMESTONE BASE AND 11" LIMESTONE BASE 1 2976 SY 1 10.50 31,248.00 CITY PORTION $ 73,878.00 SUMMARY PART A $ 94,359.00 r!!o PART B 24,496.50 •tE QF rf,'• PART C 73,878.00 ei •'"•y ••'.1' .* .* SUBTOTAL $ 192,733.50 .............................. fill"M.WELSH. . .......-...••••••••••-•••••• 12%ENGINEERING,SURVEYING&TESTING $ 23,128.02 SMO l� S E TOTAL CITY REIMBURSEMENT $ 215,861.52 �►•. BIS;Ea 1VAl Exhibit 3 Page 2 of 2 City or Corpus Chrhti,Texas Department of Development Services P Box 9Z77 City of Carpus Chrisli,'fe� 76464-9277 (361)826-3240 Corpus L.acated at; 2406 Leopard Street r� (Corner of Leopard SL and Port Me.) Christi DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: _MPM Development,_LP STREET: 130 Rox 3313f)R CITY: Cnmlrs Christi ZIP: 7R463 r FIRM is: [] Corporation Partnership ❑Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Job Title and City Department(if known) Nang 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 None 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'Tirm". Name Board, Commission, or Committee one 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"fine". Name Consultant None CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested„ and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Mnssa (Moses) Mostauhasi Title: GelneralPartner_ (Print) Signature of Certifying Person: Date: 04/08/2014 ADMM31itA110PPv41°S°I.LGF171r31a LOkWF+oEIA+IS As PER IEa,ua201no1scwstntE of rnrrEnESts STATENUNrl.2712DW Fxhiihit 4 pond I of 9 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council„ City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects„ hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K,k DEVELOPt%IE SVC5,SIIAREEri.LAND IDEVELOPMEW-ORMNANCE ADMINISTRATIONV PrUC°ATI®N PORNE5°.OMUS AS PER LEGAU N11DISCLOSURE OF INTERESTS STATEs1E.NT1,27,12.HDOC Exhibit 4 Page 2 of 2 ITITITIT ITITITIT AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of April 29, 2014 Second Reading Ordinance for the City Council Meeting of May 13, 2014 xg DATE: 4/2/14 TO: Ronald L. Olson, City Manager FROM: Barney Williams, Interim Director, Development Services BarneyW @cctexas.com (361) 826-3595 Approval of agreement and appropriating ordinance to reimburse First Landmark Development, Inc., for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with First Landmark Development Inc., ("Developer'), for the construction of a water arterial transmission and grid main line and appropriating $104,218.24 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: First Landmark Development Inc., is required to install 898 linear feet of 12-inch water arterial grid main extension in order to provide adequate water to a proposed residential subdivision. The subdivision is located south of Leopard Street and east of McKinzie Road. BACKGROUND AND FINDINGS: Per Section 8.5.1.C(1) Credits and Reimbursements of the Unified Development Code ("UDC"), First Landmark Development, Inc., is requesting a Reimbursement Agreement for the development of Overland Meadows Unit 6, as shown on the final plat. The subdivision is located south of Leopard Street and east of McKinzie Road. The development requires the extension of 898 linear feet of 12-inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit C. The 12-inch waterline is in the water Master Plan and as such is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Water Arterial Transmission Grid Main Trust Fund Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,836,294.24 Encumbered / Expended Amount $479,040.62 This item $104,218.24 BALANCE $ 1,253,035.38 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement- Water Arterial Transmission and Grid Main Construction and Reimbursement ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH FIRST LANDMARK DEVELOPMENT, INC., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $104,218.24 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with First Landmark Development, Inc., ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Overland Meadows Unit 6, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $104,218.24 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor y UU t � r- � Z Y '.moo ;'Q a°°OOiMnllm �f �;PRp�NPL�N � N W U O O too Z � ac 133HMNOOHM ON���O� �j� i ul U �O U a0 a3AM0 yr J p/ NOp, p.. a A1211 .. 1S a3Hlfltl NO rtl� ,. lS N�3 r b33O � O �„ LS a330 u �z O Z LU0 a aOSSIlNf100 _� tt w Q a0 S31a7 � � v y m w GK ylE U W LLI �°Q a M 1N Rp PU��o, 4 O ^� J ° � a0 NOOa A3NWIH0-i q s a0 J �d �� Q aONJOa ONIM a Z O O Z W < 0� d° aa° � a°°3ssvap3ms �' W °j WW3 ° 3M3i8W01 cc < LLI aaol ` aO H96>�,S�M ° aavroi 9 ti� °05 O � 11 Will O Q. s 4 00 pd,��> 6J y�PU � S� WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and First Landmark Development, Inc., ("Developer "), P.O. Box 331308, Corpus Christi, Texas 78463. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC'), proposes to final plat the Property as shown on the attached final plat known as Overland Meadows Unit 6 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Overland Meadows Unit 6, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12-inch waterline from the west property line of Lot 1, Block 5, Overland Meadows Unit 6 for a distance of 898 linear feet in order to extend water grid main along McKinzie Road and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12-inch waterline from the west property line of Lot 1, Block 5, Overland Meadows Unit 6 west for a distance of 898 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Overland Meadows Unit 6, Developer will construct the 12-inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12-inch waterline, as shown in Exhibit 3, with the following basic design: (1) Install 898 linear feet of 12-inch PVC pipe. (2) Install ductile iron pipe for ditch crossing with joint restraints. (3) Install one (1) 12" gate valve and box. (4) Install four (4) 12" 45 degree elbows. (5) Install one (1) 12" Tee, Di. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. C. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12-inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12-inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the UDC for the area of the improvements for the construction of the 12-inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12-inch waterline improvements will be credited to Developer provided that an application for credit, including cost- supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12-inch waterline and is approved. Arterial Tran and Grid Main Reimb Agmt overland Meadows Unit 6-First Landmark v inal Page 2 of 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12-inch waterline, under the approved plans and specifications, by May 27, 2015. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before May 27, 2015. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non- defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. Arterial Tran and Grid Main Reimh Agmt Overland Meadows Unit 6-First Landmark vFinal Page 3 of 9 C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, Arterial Iran and Grid Main Reimb Agmt Overland Meadows Unit 6-First Landmark vFinal Page 4 of 9 but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: 2. if to the City: Moses Mostaghasi, Director City of Corpus Christi First Landmark Development, Inc 1201 Leopard Street (78401) 5350 S. Staples St. Ste. 407 P.O. Box 9277 Corpus Christi, Texas 78411 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD-PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12-inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Arterial Tr an and Grid Main Reimb Agmt Overland Meadows Unit 6-First Landmark v inal Page 5 of 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12-inch waterline improvements, not to exceed $104,218.24. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30-days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. C. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF Arterial Tran and Grid Main Reimb Agmt Overland Meadows Unit 6-First Landmark vFlnal Page 6 of 9 INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (1) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (1) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (11) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Overland Meadows Unit 6, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. Arterial Tran and Grid Main Relmb Amt Overland Meadows Unit -First Landmark vFil Page 7 of 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this , day of -124-9y,61—, 20114. SIGNATURES FOUND ON PAGES 8 and 9. Developer Moses Mostaghasi, Director First Landmark Development, Inc. 5350 S. Staples St. Ste 407 Corpus Christi, TW . 84-1„ ,�,,,w Y: m Moses Mostaghasi Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Moses Mostaghasi, Director f irst Land k , Development, Inc., and acknowledged before me on the day of 2014. TANYA ROJAS CommlSSlon Expires ( 07*. .0 October 15,2017 ry Pu ic, State Texas Arterial Tran and Grid Main Reimb Agmt Overland Meadows Unit 5-First landmark vFinal Page a of 9 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the-day of.......................................................................................... 2014. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the ..................................................day of......................................................................................... Notary Public, State Of Texas APPROVED AS TO FORM: This day of 2014. Julian Grant, Senior Assistant City Attorney For the City Attorney Arterial Tran and Grid Main Reim Amt overland Meadows Unit 6-First Landmark Winal Page 9 of 9 zo I o 0 z z z c c g boo d ° -z z z g 2 E� e z- E z z-P, 88 0 QN z 3z s o I < -z T z 1. z Iw 1. 1. 1. 3, ol I w-I z- V) X LLJ 21 Z'z� V) C-) z. as 0 LL- b LLJ o w8 0� 2 C) C) ( — W LLI Ld H L7 X rc L Lj LD< z z L'i I'—^< _j< F7 BAIDE DR Of U° 1� x � RD 0 N�d CK -Jill Ln O LLJ A c X D, @ W o- 0 0 Gazo� -z a z r�z z. < z H2 H z z z" L3 15 Iw —z z- 1w Iz I wpm - -M S11 2-. 2 z�. . o=- H=z < Tz� 8 9 ma-z-- Kz zz 2 zz. z < W bz 2 s g 12 o o o o I °z T !-, ;1 1. lo, 1. E g gi z o S z V)M3 <"2 X LLJ N ro 0 0 F— N 06 z D Lo D: 0 cc C) CL ol Li o m r LLJ m LLJ C) z� W -x 0 m :lj z 01 C:l > z L ID ^ -dA so Id ,9-nvv �j R co 0 00 d m 03 wl L'i m 0 D LO C) Z5, V V co 0 o U, L'i w Oj 81,17, M C� 55,00'o % u 0 0 ()j LO Nis'19 49 cc o (Ii GY ID a) Li M O Li UE J� _2ng 00-j9— U 11 in U 7.5 T BE 0 OTI 31' W isVl isv] 01, 29'49'E 132y3 R=175'in- Me'29149' ,14'412 1SV3 Z9,'g.E 13-2 n N7s M n D L -—----------------- Z9 vz ,g0 n,g u �u 9 sa M,z r all Ad 19.08iq sz W -Z, L 00 DTI SE % . I — eq, sa L 4i;� lu 09 6E6 06 Z9 In m .08N P� cl DII N Wig Q eg A M s9 m 'OeN 0 30 AA k0 APPLICATION FOR WATER LINE REMBURSEMENT We, First Landmark, Inc. P.O. Box 331308, Corpus Christi, Texas 78463, owner and developer of proposed Overland Meadows Unit 6,hereby request reimbursement of$104,218.24 for the installation of the water Grid main in conjunction with Overland Meadows Unit 6,as provided for by City Ordinance No. 17092.$104,218.24 is the construction cost,including 12%Engineering, Surveying,and Testing, in excess of the water lot fee, as shown by the cost supporting documents attached herewith. Moses Mo fesident (Date) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on k,0A 20J 1.4,by Moses Mostaghasi, President of First Landmark, Inc., on behalf of the said corporation. Notary Pubhc ' STATE OF Tm My co ,m. xfi 11-04-2015 Notary Public in and for Nueces County, Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Grid Main Trust Fund, and (b)Appropriation and approval by the City Council. JDWevelo—pm-�e4nt Services Engineer (Da e) Exhibit 2 Page 1 of 2 APPLICATION FOR WATER LINE CREDIT We,First Landmark,Inc.,P.O.Box 331308,Corpus Chri sti,Texas 78463,owners and developers of proposed Overland Meadows Unit 6 subdivision, hereby apply for $10,192.00 credit towards the water lot fee for the installation of the water Grid main as provided for by City Ordinance No. 17092. $114,410.24 is the construction cost,including 12%Engineering,Surveying,and Testing,as shown by the cost supporting documents attached herewith. . . w. By: Moses Mostaghasi, President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on (�.� ?J�Sr , 2014, by Moses Mostaghasi, President of First Landmark, Inc. I IJ O gY p pq PUy. 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IL tJ of .......... re ......._„^.,..... ll ni III " «' w l�IIY�I� m 4 qqq I v«��p His s IIII p mmffff�I�I B IIPII h ^'X I v"w w K . a is ,l ������' ',�I m,�."T•��W 'i w p !k' r III .�, w I � i I„ � n« u CI IIL" � al uu� r n �II'Pa!�II�I�!II l fill BASS WELSH ENGINEERING 3/31/14 Engineering Firm Reg.No.F-52 PCE.XLS Surveying Firm Reg.No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 Cost Estimate Overland Meadows Unit 6 Street&Surface Items 2"HMAC 6288 SY 16.00 100,608.00 6"Curb&Gutter 4718 LF 13.00 61,334.00 6"Limestone Base 8385 SY 15.00 125,775.00 8"Lime Stabilized Subgrade to 2'BC 8385 SY 6.75 56,598.75 4"Thick R/C Walk 18772 SF 3.20 60,070.40 N RC Valley gutter 122 LF 65.00 7,930.00 Clearing and Grubbing 1 LS 1,500.00 1,500.00 Excavation 1 LS 37,000.00 37,000.00 9'x40'x6"Concrete Pad I LS 9,000.00 9,000.00 Street Signs 6 EA 250.00 1,500.00 461,316.15 Storm Sewer Items 15"RCP 189 LF 40.00 7,560.00 18"RCP 440 LF 48.00 21,120.00 5'Inlet Slot or Post Type 8 EA 2,900.00 23,200.00 Convert J Box to Inlet 1 EA 4,500.00 4,500.00 56,380.00 Sanitary Sewer Items 8"PVC Pipe 1560 LF 46.00 71,760.00 FG Manhole 4' Diameter 6 EA 3,500.00 21,000.00 4"or 6"PVC Service 56 EA 750.00 42,000.00 Drop Connection 3 LF 1,200.00 3,600.00 Deep Cut Connections 9 EA 2,100.00 18,900.00 Adjust top of SSMH 2 EA 1,650.00 3,300.00 Asphalt Patch 1 LS 1,900.00 1,900.00 162,460.00 Water Items Reimbursable by City(Installed next to Esquistar Pipeline) 12"PVC Pipe 898 LF 74.00 66,452.00 12"Ductile Iron Pipe for ditch 200 LF 145.00 29,000.00 crossing with joint restraints 12"Gate Valve w/Box I EA 2,850.00 2,850.00 12"Elbow 4 EA 750.00 3,000.00 12"Tee,DI I LF 850.00 850.00 102,152.00 Water Items Not Reimbursable by City 6"PVC Pipe 2263 LF 35.00 79,205.00 6"Gate Valve w/Box 9 EA 1,100.00 9,900.00 6"EL,90*DI 9 EA 300.00 2,700.00 6"Tee,Di 7 LF 480.00 3,360.00 6"x 30"PVC Nipple 9 EA 200.00 1,800.00 Fire Hydrant Assembly 3 EA 3,800.00 11,400.00 Double Water Service 27 EA 650.00 17,550.00 Single water service 2 EA 550.00 1,100.00 127,015.00 Miscellaneous Construction Blank 2'and 4'Conduit for AEP 150 LF 10.00 1,500.00 Traffic Control&Barricading Plan 1 LS 5,000.00 5,000.00 (During Construction) Trench Safety for Excavations 2889 LF 5.00 14,445.00 (Sanitary Sewer&Storm Sewer Pipes of all Sizes) 0.00 Storm Water Pollution Prevention 1 LS 2,500.00 2,500.00 23,445.00 TOTAL $ 932,768.15 Exhibit 4 Page 1 of 2 OVERLAND MEADOWS UNIT 6 13051-PCE-WTR GRID MAIN WATER ITEMS 3/24/2014 REIMBURSEMENT ESTIMATE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 12"WATER GRID MAIN EXTENSION(CITY PORTION) 1 12"PVC PIPE 898 LF 74.00 66,452.00 2 12"DUCTILE IRON PIPE FOR DITCH CROSSING W/JOINT 200 EA 145.00 29,000.00 3 12"TEE 1 EA 850.00 850.00 4 12"GATE VALVE W/BOX 1 EA 2,850.00 2,850.00 5 12"45° ELBOW 4 EA 750.00 3,000.00 SUBTOTAL $ 102,152.00 12% ENGINEERING,SURVEYING,AND TESTING $12,258.24 TOTAL $114,410.24 LESS WATER LOT FEE -$10,192.00 TOTAL AMOUNT REIMBURSEABLE $104,218.24 Exhibit 4 Page 2 of 2 City of Corpus Christi,Tens Department of Development Services P.O.Box Texas City of Carpus Christi,Terms 78469-9277 • (361)826.3240 Corpus Located at: 2406 I.00pmd street ■�Christi (Comer of Leopard SI.and fort Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: STREET: Pty Rnx TIMOR CITY: rnrnu- Christi ZIP: _78463- FIRM is: [3 Corporation ❑ Partnership ❑Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Job Title and City Department(if known) None 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 Nnne 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 NR,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 None CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Mgoa Title: President (Print) Signature of Certifying Person: ..„ - - J,\DRVELI>MENTSVCSW AAFtw AWD AEVELOMIENPORVINANCF ADIO N157RATIONV"UCA77ON FORM9TORMS AS PER L.EOAL UGIMISCL OSURE OF MEREM STATEAMM 21,12-DOC Exhibit 5 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:ADEVELOPMENT SVCS\SHAREDALAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT I27.12.DOC Exhibit 5 Page 2 of 2 Us 0 _ AGENDA MEMORANDUM Future Item for the City Council Meeting of 04/22/2014 xg Action Item for the City Council Meeting of 04/29/2014 DATE: April 9, 2014 TO: Ronald L. Olson, City Manager FROM: Susan K. Thorpe, Assistant City Manager SThorpe @cctexas.com (361) 826-3898 Special Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Special Board Meeting of the Corpus Christi Housing Finance Corporation. PURPOSE: Approval of routine administrative matters and the possible acquisition of the fee simple title to the Ward Building. BACKGROUND AND FINDINGS: Service Agreement for City Financial Services The City Finance Department provides financial services to the CCHFC along with other specialty corporations and entities affiliated with the City. A cost-allocation plan has been developed for all such entities to contribute their proportionate share in the costs of providing financial services. The Service Agreement will provide for the payment for such services. Change of Fiscal Year to Match City Fiscal Year The City has elected to change its fiscal year to a year ending September 30 beginning with the current fiscal year to be extended to September 30, 2014. The CCHFC establishes its fiscal year by resolution according to the Bylaws, and having consistent fiscal years would facilitate the preparation of the annual audit and financial reports. Change of Registered Agent State law requires each corporation to maintain a registered agent and registered office with the Texas Secretary of State. That position typically has been held by the Secretary of the Corporation, and this item would authorize the filing of a new designation of registered agent with the Texas Secretary of State. The registered office would remain unchanged. Ward Building and Downtown Parking Lot Staff has been in discussion with the heirs of Grover Keeton, Sr. who currently hold the landlord's rights under the long-term lease of the Ward Building in order to acquire the fee simple title to the land and building in order to facilitate the disposition of that property along with the related parking lot already owned by the Corporation to support downtown multi-family housing development. A contract has been proposed for consideration by the Board and possible approval. In 2007, the City agreed to provide economic incentives for the redevelopment of the Nueces Building across the street from the Ward Building into apartments. The Nueces Building had been used as office space, but occupancy was low due to an overall lack of demand for office space in the downtown area. The City earlier had determined that attracting residential uses to the downtown area would be a key factor to spur downtown development and began working with the owner on the right combination that would facilitate his financing and development of the project. Although the initial plan to use $800,000 in Community Development Block Grant (CDBG) funds for the incentive was determined not to be feasible, the City agreed to acquire from the Nueces Building developer certain vacant lots and a long-term lease of the Ward Building across the street in order to develop a gated, covered parking lot to serve the new downtown residents. Closing that transaction allowed the construction loan for the Nueces Building conversion into apartments to close simultaneously and start that project. As funds later were accumulated by the CCHFC through the development of other multifamily projects, the CCHFC acquired the parking lot and long-term leasehold interest in the Ward Building from the City. As the result of this development, the Nueces Building has been converted into 66 apartments. Prior to its conversion, it was on the property tax rolls at a value of $900,000 at a rate similar to many other downtown properties. After the conversion, it now is on the tax rolls at over $4 million, and it has helped to drive up other property values in the downtown area. The apartments are fully-occupied, a fitness club has located in the first floor space, and the project recently closed its permanent financing. The Nueces Building also is listed on the National Register of Historic Places. In 2009, the City issued a Request for Proposals (RFP) for the adaptive re-use of the Ward Building and adjacent parking lot. The objective was to sell the property to a developer that would assume the operation of the parking lot and redevelop the Ward Building. Two proposals were received, but after many attempts at finding the right terms for development and financing the project, staff determined that neither proposal would be viable at that time. Two key impediments impacted the project: developers could not find the right mix of uses for the building to make operation feasible on an on-going basis, and the terms of the long-term lease of the Ward Building with the Keeton family make the project difficult to finance. The Ward Building and the remainder of the two lots on which it is located is subject to a long-term ground lease. Grover Keeton, Sr. had negotiated the lease in the 1980's with a local law firm that was attempting to assemble the entire block for a new office building development, but those plans were scuttled when the entire block could not be acquired successfully. Almost 70 years remain on the lease with rent being paid at the rate of $1,000 per month for an initial term scheduled to expire in 2017 with three 22-year option terms available after that point. In preparation for a new request for proposals, staff has obtained a structural study of the Ward Building that will be made available to all proposers for analysis and eliminate the need for each proposer to obtain its own study. Acquisition of the fee simple interest in the Ward Building will satisfy the requirements of possible bidders on the property so that this facility can be returned to private ownership and developed further. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This request conforms to the rules and procedures governing City Boards, Commissions, and Committees. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Assistant City Manager, Safety, Health & Neighborhoods Corpus Christi Housing Finance Corporation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: That the Corpus Christi Housing Finance Corporation be allowed to conduct a special Board meeting on Tuesday, April 29, 2014 during the regularly scheduled City Council meeting. LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Financial Services Agreement Resolution: Change of Fiscal Year Commercial Contract: Ward Building AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Date: Tuesday, April 29, 2014 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. Call meeting to order. 2. Secretary calls roll. Board of Directors Officers David Loeb, President Ronald L. Olson, General Manager Priscilla Leal, Vice President Susan K. Thorpe, Asst. General Manager Kelley Allen Rebecca Huerta, Secretary Rudy Garza Jr. ' Asst. Secretary Chad Magill Margie Rose, Treasurer Nelda Martinez Constance P. Sanchez, Asst. Treasurer Colleen McIntyre Lillian Riojas Mark Scott 3. Approval of minutes from the Board meeting on February 25, 2014. 4. Appoint Paul Pierce as Assistant Secretary for the Corporation. 5. Adoption of a Resolution changing the fiscal year to a year ending September 30 commencing with the current fiscal year which shall be extended to end on September 30, 2014. 6. Approval of a Service Agreement with the City of Corpus Christi for the payment of allocated costs for financial services in handling the funds of the Corporation. 7. Approval of designation of Rebecca Huerta as the registered agent of the Corporation to replace Armando Chapa and authorizing the filing of a designation with the Texas Secretary of State. 8. Consideration and possible approval of a contract for the acquisition of fee simple title to the Ward Building. [This item may be considered in executive session under Section 551.072 of the Texas Open Meetings Act.] 9. Public comment. 10. Adjourn. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING February 25, 2014 5:06 p.m. PRESENT Board of Directors Officers David Loeb, President Ronald L. Olson, General Manager Kelley Allen Susan K. Thorpe, Asst. General Manager Rudy Garza, Jr. Rebecca Huerta, Secretary Chad Magill Vacant, Assistant Secretary Nelda Martinez Margie Rose, Treasurer Colleen McIntyre Constance P. Sanchez, Assistant Treasurer Lillian Ricjas Mark Scott (arrived 5:07) ABSENT Priscilla Leal, Vice President President Loeb called the meeting to order in the Council Chambers of City Hall at 5:06 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Loeb called for the approval of the minutes of the February 18,2014 meeting. Ms. McIntyre made a motion to approve the minutes as presented, seconded by Mr.Magill,and passed as follows: Loeb, Allen, Garza, Magill, Martinez, McIntyre, Ricjas and Scott voting "Aye"; Leal absent. President Loeb opened discussion on Item 4,adoption of the following resolutions approving interim loans in connection with applications filed with TDHCA for low-income housing tax credits: 4. (A) SUPPORTING THE PROPOSED RENOVATION OF LEXINGTON MANOR APARTMENTS DEVELOPMENT AND AUTHORIZING A LOAN COMMITMENT FOR THE DEVELOPMENT IN CONNECTION WITH A LOW- INCOME HOUSING TAX CREDIT APPLICATION. Mr. Loeb called for public comment. Gil Piette,Executive Director of the Housing Community Services in San Antonio encouraged the Board to approve the loan. Abel Alonzo, 1701 Thames, stated that affordable housing should be inclusive. Ms. Martinez thanked Mr.Piette for his comments. Mr.Magill and Mr. Garza gave their full support of the project. President Loeb called for the vote on the resolution and passed as follows: Loeb,Allen, Garza,Magill,Martinez,McIntyre,Ricj as and Scott voting"Aye": Leal absent. (B) SUPPORTING THE PROPOSED RESIDENCES AT RODD FIELD ROAD APARTMENT DEVELOPMENT AND AUTHORIZING A LOAN COMMITMENT FOR THE DEVELOPMENT IN CONNECTION WITH A LOW- INCOME HOUSING TAX CREDIT APPLICATION. Minutes—CCHFC February 25, 2014 —Page 2 Mr. Garza stated he supports affordable housing, but is concerned with the traffic situation on Rodd Field Road and is not supporting this project. Ms.Martinez stated she supports this project. Mr. Magill stated he is not supporting this project. Ms. Thorpe stated that all projects that are brought to the Board meet the State criteria. Eddie Ortega, Director of Housing and Community Development, stated that the Rodd Field Road project and the Airline Road project are competing against each other in the regional tax credit application process whereas the Lexington Manor project is in a different category. Mr. Scott stated this project depends on rezoning. Ms. McIntyre asked what happens if the project fails the rezoning change. Mr. Ortega stated that if the rezoning fails,the tax credits go back to the State. Mr. Loeb added that he believes the community is more likely to support a bond package to widen a road if there is actually seeing tax base and development on that road. Ms. McIntyre feels there is a problem with having no project at all. Ms. Martinez stated she can't kill a project if the project has met criteria. John Bell, Legal Counsel for CCHFC, stated that the City is trying to be a flexible level playing field for all projects. President Loeb called for the vote on the resolution and it failed. Loeb, Martinez, McIntyre, Ricjas voting "Aye"; Magill, Scott, Allen and Garza voting "No"; Leal absent. (C) SUPPORTING THE PROPOSED RESIDENCES AT CALALLEN APARTMENT DEVELOPMENT AND AUTHORIZING A LOAN COMMITMENT FOR THE DEVELOPMENT IN CONNECTION WITH A LOW- INCOME HOUSING TAX CREDIT APPLICATION. Ms. Martinez stated that this project was withdrawn by applicant. There being no further business to come before the corporation,President Loeb adj ourned the meeting at 5:47 p.m. on February 25, 2014. Resolution Establishing a New Fiscal Year WHEREAS, the bylaws of the Corpus Christi Housing Finance Corporation (the "CCHFC") provide for the adoption of the fiscal by resolution; and WHEREAS, the City of Corpus Christi is extending its current fiscal year to September 307 2014, and changing its fiscal year thereafter to a year ending September 30; and WHEREAS, operating efficiencies in audits and preparing the Comprehensive Annual Financial Report result if the fiscal year of the CCHFC is the same as the fiscal year of the City of Corpus Christi; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: 1. The CCHFC shall extend its current fiscal year to September 30, 2014, and the fiscal years thereafter shall be from October 1 to September 30 of each year. DULY PASSED AND ADOPTED this 29th day of April, 2014, at a special meeting of the Board of Directors. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION By: By: Rebecca Huerta David Loeb Secretary President K:AACM Safety Health Neighborhoods\City Council\Agenda Items\Item 14-00427\14 Reso Fiscal Year 0429.docx The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott K:AACM Safety Health Neighborhoods\City Council\Agenda Items\Item 14-00427\14 Reso Fiscal Year 0429.docx SERVICES AGREEMENT This Services Agreement is made between the City of Corpus Christi (the "City") and the Corpus Christi Housing Finance Corporation (the "CCHFC"). Whereas, the CCHFC does not employ any staff, and the Treasurer of the CCHFC provides financial support services for the CCHFC through the City of Corpus Christi's Financial Services Department; and Whereas, the City periodically completes a cost allocation of its financial services for the various funds and activities handled by the Department of Financial Services; Now, Therefore, the City and the CCHFC agree as to the following: Section 1. Provision of Financial Services. The City agrees to provide financial services to the CCHFC in handling its deposits and disbursements and providing financial services as needed according to the policies and procedures of the City of Corpus Christi, as modified by the laws and procedures applicable to the CCHFC. The City either may handle such transactions directly through the CCHFC's accounts or through an account maintained by the City reimbursed by the CCHFC. Section 2. Payment for Financial Services. The CCHFC agrees to pay the allocated costs incurred by the City for the financial services provided to the CCHFC based on the cost allocation plan applicable to all City funds administered by the City. Executed this 29th day of April, 2014. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI HOUSING FINANCE CORPORATION By: : Ronald L. Olson, City Manager David Loeb, President APPJ30VED AS TO LEGAL FORM: day of April, 2014 Assi y nt City Attorney K\ACM Safety Health Neighlwrhoods\City CouncihAgenda Items'tlte 14-0042AI4 Financial Services Agreement 0429-11-rev.docx COMMERCIAL CONTRACT—IMPROVED PROPERTY 1. PARTIES: Seller agrees to sell and convey Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the Sales Price stated in Paragraph 3. The parties to this Contract are: Seller:—Grover C. Keeton and Kathleen Keeton Smith 8X Address:15100 Nightingale. Austin,TX 78734 11805 Meadowelen #2201, Houston,TX 7705fr' Phone: Buyer: Address: 1200 Leonard Street; P. 0. Box 9277 Corpus Christi,TX 78469 Phone:—361-826-3898 2. PROPERTY: A. The property sold by this contract is called the "Property." The Property is that real property situated in Nueces County, Texas, at 540 Chaparral Street, Corpus Christi,,Texas (address) that is legally described on the attached Exhibit A or as follows- Lots Three (3) and Four (4), Block Eleven (11), each Portion of the City of Corpus Christi, Texas, a s s hown byte map or plat thereof recorded in Volume A, Page 3, Map Records, Nueces County, Texas, and being the same property as described in that Lease Agreement between Grover C. Keeton, as Landlord, and each Center Corporation, as Tenant, dated June 30, 1983,as amended. B. The Property is sold together with: (1) all buildings, improvements, and fixtures; (2) all rights, privileges, and appurtenances pertaining tote Property, including Seller's right. title and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights- of-way; (3) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (4) Seller's interest in all licenses and its related tote Property. (Describe any exceptions, leases, reservations, or restriction.) The terms and conditions of that Lease Agreement between Grover C. Keeton, as Landlord, and each Center Corporation, as Tenant, dated June 30, 1983, as amended. 3. SALES PRICE: At or before Closing, Buyer will pay the following Sales Price for the Property: A. Cash portion payable by Buyer at Closing(including earnest money).............S225M00.00 B. Sum of all financing described in Paragraph 4 ................................................. C. Sales Price (Sum of A and B)..........................................................--.............S 225.000.00 Initialed for Identification by Buyer_Seller Page 1 of`6 4. FINANCING: No financing is required in connection with this Contract. 5. EARNEST MONEY: Not later than three days after the Effective Date of this Contract, Buyer shall deposit the sum of 5. as Earnest Money with Gracy Title Company at 1313 Ranch Road 620 S. Suite 101, Lakeway.TX 78734 (address), as Escrow Agent. The Earnest Money shall be placed in an in lerest-bea ring account by the Escrow Agent upon the written request of Buyer, and any interest thereon shall be part of the Earnest Money. If Buyer fails to deposit the Earnest Money as required by this Contract, Buyer shall be in default. 6. TITLE POLICY: A. Title Policv: Seller shall furnish to Buyer at OSeller's expense NBuyer's expense an Owner's Policy of Title Insurance (the "Title Policy") issued by Stewart Title Company _ (the "Title Company") in the amount of the Sales Price and dated at or after Closing, insuring Buyer's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the usual for of the Title Policy. The Title Company shall deliver to Buyer within twenty (20) days after the Effective Date of this Contract a Commitment for Title Insurance (the "Commitment") and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commitment. B. ry Su : No new survey is required in connection with this Contract. ��e C. Buyer's Objections to the Commitment: (1) Within 20 days after Buyer receives the Commitment and copies of the documents evidencing the title exceptions, Buyer may object in writing to matters disclosed in the items if the matters disclosed constitute a defect or encumbrance to title other than those permitted by this Contract or liens that Seller will satisfy at Closing or Buyer will assume at Closing. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 20 days after Seller receives the objections. The Closing Date will be extended as necessary to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this Contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the Earnest Money will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object, except that Buyer shall not be deemed to waive the requirements in Schedule C of the Commitment. 7. PROPERTY CONDITION: 0 (1) Buyer accepts the Property in its present "as-is" condition. 0 (2) Buyer accepts the Property in its present condition provided that Seller, at Seller's expense,shall complete the following repairs prior to Closing: A Initialed for Identification by Buyer_Selle4le Page 2 of 6 8. BROKE-RS: The parties represent to each other that no real estate brokers or agents have been utilized in connection with this Contract, and Seller shall not be responsible for the payment of any real estate commissions at Closing. J. CLOSING: A. The closing of the sale shall be on or before sixty (60) days , or within seven (7) days after any title objections have been cured, whichever date is later (the "Closing Date") at the offices of the Title Company; however, if financing or assumption approval has been obtained pursuant to Paragraph 4, the Closing Date shall be extended up to 15 days only if necessary to comply with lender's closing instructions (for example, survey and closing documents). If either party fails to close this sale by the Closing Date, the non-defaulting party shall be entitled to exercise the remedies contained in Paragraph 15. B. At Closing Seller shall furnish, at Buyer's expense: (1) a Special Warranty Deed conveying good and indefeasible title to the Property showing no additional exceptions to those permitted in Paragraph 6; and (2) an assignment of all leases to or on the Property duly executed by Seller, i any. C. At Closing Buyer shall: (1) pay the Sales Price in good funds acceptable to the Escrow Agent; and (2) execute and deliver any notices, statements, certificates, or other documents required by this Contract or law necessary to close the sale. D. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 10. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition "AS IS" and "WITH ALL FAULTS." 11. SPECIAL PROVISIONS: (Insert factual statements and business details applicable to this sale.) Attached hereto are the following Exhibits and Addenda which are a part hereof: The existing Lease Agreement referenced in Section 2 above shall be terminated by Buyer at closing and funding since Buyer holds the leasehold interest under said Lease. Buyer shall pay all current and any past due taxes assessed against the Property. Buyer shall pay all closing costs, including the escrow fees required by Escrow Agent, and for preparation of the deed by Buyer's attorney. Seller only shall be responsible for the legal fees of any attorney retained by Seller for review of the documents. Buyer agrees to exercise reasonable efforts to install a memorial brass marker naming the building on the Property the "Annie Uehlinger Building.'" If the building is removed by Buyer or during any period in which Buyer owns the Property, Buyer agrees to install a brass marker on the land comprising the Property dedicating it to Annie Uehlinger, Initialed for Identification by Buyer_Seller/-p Page 3 of 6 12. SALES EXPENSES- A. SELLER'S EXPENSES: None. B. BUYER'S EXPENSES: Preparation of the deed and recording fees; tax certificates; all of any escrow fee; and any other expenses stipulated to be paid by Buyer under other provisions of this Contract. 13. PRORATIONS: No prorations shall occur at Closing. 14. CASUALTY LOSS AND CONDEMNATION: [This section is intentionally omitted.] 15. DEFAULT: A. If Buyer fails to comply herewith, Buyer shall be in default, and Seller may (1) enforce specific performance or (2) terminate this Contract and receive the Earnest Money as liquidated damages, thereby releasing Buyer from this Contract. B. If Seller is unable without fault, within the time herein required, to deliver the Commitment, Buyer may either terminate this Contract and receive the Earnest Money as the sole remedy or extend the time for performance up to fifteen (15) days and the Closing Date shall be extended as necessary. C. If Seller fails to comply herewith for any other reason, Seller shall be in default, and Buyer may (1) enforce specific performance or (2) terminate this Contract and receive the Earnest Money, thereby releasing Seller from this Contract. D. Seller's failure to satisfy Buyers objections under Paragraph 6 shall not constitute a default by Seller. 16. ATTORNEY'S FEES: If Buyer, Seller, or Escrow Agent is a prevailing party in any legal proceeding brought under or with relation to this Contract or transaction, such party shall be additionally entitled to recover court costs, reasonable attorney's fees, and all other litigation expenses from the non-prevailing parties. 17. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent is not (a) a party to this Contract and does not assume or have any liability for the performance or non-performance of any party to this Contract, (b) liable for interest on the funds held unless required in Paragraph 5 and (c) liable for any loss of escrow funds caused by the failure of any banking institution in which such funds have been deposited unless such banking institution is acting as Escrow Agent. If both parties make demand for the payment of the Earnest Money, Escrow Agent has the right to require from all parties and brokers a written release of liability of Escrow Agent which authorizes the disbursement of the Earnest Money. If only one party makes Initialed for Identification by Buyer Seller /C Page 4 of 6 demand for payment of the Earnest Money, Escrow Agent shall give notice to the other party of such demand. Escrow Agent is authorized and directed to honor such demand unless the other party objects to Escrow Agent in writing within thirty (30) days after Escrow Agent's notice to that party. At Closing, the Earnest Money shall be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this Contract shall be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money, and Escrow Agent shall pay the same to the creditors entitled thereto. 18. MATERIAL FACTS: To the best of Seller's knowledge and belief. (Check(1) or (2) only.) 0 (1) Seller is not aware of any material defects to the Property except as stated in the attached Property Condition Statement. 9 (2) Seller is not aware of any of the following, except as described otherwise in this Contract: (a) any subsurface structures, pits, waste, springs, or improvements; (b) any pending or threatened litigation, condemnation, or assessment affecting the Property; (c) any environmental hazards or conditions that affect the Property; (d) whether the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers. (e) whether radon, asbestos insulation or fireproofing, urea-for maidehyde foam insulation, lead-based paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other pollutants or contaminants o any nature now exist or ever existed on the Property; (f) whether wetlands, as defined by federal or state law or regulation, are on the Property; and (g) whether threatened or endangered species or their habitat are on the Property. 19. NOTICES. All notices between the parties under this Contract must be in writing and are effective when hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties' addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. 20. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person", as defined by applicable law, or if Seller fails to deliver an affidavit that he is not a "foreign person", then Buyer or Escrow Agent, on instruction from Buyer, shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service, together with appropriate tax forms. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this Contract that may arise. If the dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation and a mutually acceptable mediator shall be chosen by the parties to the dispute who shall share the cost of mediation services equally. 22. AGREEMENT OF PARTIES: This Contract shall be binding on the parties, their heirs, executors, representatives, successors, and assigns. This Contract shall be construed under and in Initialed for Identification by Buyer_Selle Page 5 of 6 accordance with laws of the State of Texas. This Contract contains the entire agreement of the parties and cannot be changed except by written agreement. If this Contract is executed in a number of identical counterparts, each counterpart is deemed an original and all counterparts shall, collectively, constitute one agreement. 23. TIME: Time is of the essence in this Contract and strict compliance with the times for performance is required. 24. EFFECTIVE DATE: The Effective Date of this Contract for the purpose of performance of all obligations is the date the Escrow Agent receipts this Contract after all parties execute this Contract. 24. ASSIGNMENT: x❑ A. Buyer may not assign this Contract. ❑ B. Buyer may assign this Contract. If the assignee assumes in writing all obligations and liabilities of Buyer under this Contract, Buyer shall be relieved of all liability hereunder. 25. TEXAS LAW TO APPLY: This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in the county in which the Property is located. 26. CONSULT YOUR ATTORNEY: The Broker cannot give you legal advice. This is intended to be a legally binding contract. READ IT CAREFULLY. NO REPRESENTATION OR RECOMMENDATION IS MADE BY BROKER OR ITS AGENTS OR ITS EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS DOCUMENT OR TRANSACTION. If you do not understand the effect of any part of this Contract, consult your attorney BEFORE signing. Buyer: Corpus Christi Housing Finance Corp. Seller: By: By:,SL Name: Grover C. Keeton Title: r By: 7—!1 I�'- , ,..........�111111 Kathleen Keeton Smith ESCROW RECEIPT Escrow Agent acknowledges receipt of this Contract on (Effective Date). Escrow Agent: By: k 1,270 3a Waird pBOdg 04 Cowraau fm Puardhase 0324--1 1,daacx page 6 of 6 se 01 A A AGENDA MEMORANDUM Future Item for the City Council Meeting of April 29, 2014 Action Item for the City Council Meeting of May 13, 2014 0ONVOR 11 1852 DATE: April 29, 2014 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielmp_cctexas.com 361-826-3165 Mark Van Vleck, P.E., Executive Director of Utilities markvvp_cctexas.com 361-826-1874 Supply Agreement for Cement Stabilized Sand and Cushion Sand CAPTION: Motion approving a supply agreement with G.P Transport Inc., Corpus Christi, Texas for cement stabilized sand and cushion sand in accordance with Bid Invitation No. BI-0124-14, based on only bid for an estimated twelve month expenditure of $167,250.00 of which $69,687.50 is required for the remainder of FY 2013-2014. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Utilities Operations Budget in FY2013- 2014. PURPOSE: The Utilities Department will use these materials to backfill utility trenches once repairs are completed in roadways and easements. BACKGROUND AND FINDINGS: The materials are required for backfilling per City standards. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $663,023.36 $97,562.50 $760,585.86 Encumbered / Expended Amount $247,788.89 $247,788.89 This item $69,687.50 $97,562.50 $167,250.00 BALANCE $345,546.97 $345,546. Fund(s): Utilities Department Comments: The $69,687.50 financial impact shown above represents five months of expenditures that will be encumbered through the end of this fiscal year. The remaining $97,562.50 represents seven months of expenditure that will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI Bid Tabulation Sheet PURCHASING DIVISION Bid Invitation No. BI-0124-14 BUYER: GABRIEL MALDONADO Cement Stabilizing Sand COUNCIL DATE: APRIL 29, 2014 and Cushion Sand G.T Transport Inc. Corpus Christi, Texas Qty Unit Unit Price Extended Price 1 .0 Cement Stabilizing Sand 5,000 ton $28.75 $143,750.00 1 .0 Cushion Sand 2,000 yards $11 .75 $23,500.00 Award Total: $167,250.00 se Ak o 0ONVO%11 AGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of April 29, 2014 Action Item for the City Council Meeting of May 13, 2014 DATE: April 21, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM @cctexas.com; (361) 826-1972 RESOLUTION AUTHORIZING LANDSCAPE MAINTENANCE AGREEMENT SH 286 (Crosstown Expressway) at J. C. Elliott Landfill Transfer Station AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 286 (Crosstown Expressway) at J. C. Elliott Landfill Transfer Station. PURPOSE: The purpose of this Agenda Item is to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 286 (Crosstown Expressway) at J. C. Elliott Landfill Transfer Station. BACKGROUND AND FINDINGS: The proposed agreement addresses a landscaping project constructed by the Texas Department of Transportation (TxDOT). The City Solid Waste Services shall maintain all landscape elements within the limits of the right of way including all median and island areas but excluding paved areas intended for vehicular travel. Landscape maintenance shall include but not be limited to plant maintenance, plant replacement, mowing and trimming, hardscape element maintenance, and irrigation system operation and maintenance. All landscape elements must be maintained in a functional and aesthetically pleasing condition. Solid Waste Services worked with TxDOT to incorporate design elements in the columns and abutments of the overpass made of recycled glass in the shape of the Texas Star, the Corpus Christi Recycle Logo, and the "Don't Mess with Texas" Logo. The improvements also include landscaping and irrigation in the under pass area which will consist of Dwarf Oleanders and Sabal Palms. The Solid Waste Services will be responsible for maintaining all of the decorative and landscaping elements. ALTERNATIVES: 1. Approve the Resolution for the Landscape Maintenance Agreement with TXDOT. (Recommended) 2. Do not approve the Resolution for the Landscape Maintenance Agreement with TXDOT. (Not recommended) OTHER CONSIDERATIONS: This project is subject to Title 43 of the Texas Administrative Code, Part 1, Chapter 15, Sub-chapter E, Rule 15.55. CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter. EMERGENCY/ NON-EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Street Operations FINANCIAL IMPACT: Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS CIP only) Line Item Budget $0.00 $0.00 Encumbered / Expended Amount This item $0.00 $0.00 BALANCE $0.00 $0.00 Fund(s): Not applicable Comments: Not applicable RECOMMENDATION: It is recommended to execute the Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for the project's scope of TXDOT's SH 286 (Crosstown Expressway) at J. C. Elliott Landfill Transfer Station. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Landscape Maintenance Agreement Resolution Resolution authorizing the City Manager, or designee, to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 286 (Crosstown Expressway) at J. C. Elliott Landfill Transfer Station. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 286 (Crosstown Expressway) at J. C. Elliott Landfill Transfer Station. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott IIIII'iiiiullll o"II;00000pioo.0004 wlll I� I 11111111111111111111111111111111111111111111111111111 OliO0000000000 )"m11111110 Illlllllllllopllor ull�m uumiilllll�ll 11.1. 111111111.1111111111111111111111111111111111111111111111'1 mum ii111 �y�d 01 11111111 uIII IIII111111III111111I Location of Proposed Landscape Improvements u11x11uuuu�l u�IpIIlp 111111111111111 iiii Ilq odd' II IYmII +� i ���d�.u�,e�ll�l III I� Iii" um Illlllllluuuuullllllp w PROJECT #E13066 LOCATION MAP NOT TO SCALE STATE HIGHWAY 286 at J.C. ELLIOTT LANDFILLTRANSFER STATION LANDSCAPE MAINTENANCE AGREEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 = = RLI-LLn a-+ E - -+ a o U 4 U N PEI cn 4-a , un • RUra is Ln a (7� . U i i w r � r V U' n -j U. wit ff e, R E U ° (� Ln a - -I-1 o'er U � � Q � � � O -1 . O +, u LANDSCAPE MAINTENANCE AGREEMENT z Form 2043 (Rev.04112) Page 1 of 3 THE STATE OF TEXAS THE COUNTY OF TRAVIS This AGREEMENT made this day of , 2014 , by and between the Texas Department of Transportation, hereinafter referred to as the "State," and the City of Corpus Christi , Nueces County, Texas, acting by and through its duly authorized officers, hereinafter called the "City". WITNESSETH WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter into agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter into agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the State and the City have entered into a Municipal Maintenance Agreement dated , the provisions of which are incorporated herein by reference, and wherein the City has agreed to retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the department; and WHEREAS, the State has existing and proposed landscape improvements, such as, but not limited to, the installation of tree, shrub, and turf plantings, irrigation systems, and other aesthetic elements for areas within the right of way of state highway routes within the City as shown on Attachment "A"; and WHEREAS, the State will provide such landscape improvements, provided that the City agrees to be responsible for all required maintenance of the landscape improvements. Form 2043 (Rev.04112) Page 2 of 3 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: Contract Period This Agreement becomes effective upon the date of final execution by the State, and shall remain in effect until terminated or modified as hereinafter provided. Coverage This agreement prescribes the responsibilities of the State and the City relating to the installation and maintenance of landscape elements on non- controlled access state highways, as defined in the Municipal Maintenance Agreement, and described and graphically shown as "State Maintained and Operated" in that agreement. Amendment The parties agree that this agreement may be amended. Such amendments, to be effective, must be in writing and signed by both parties. State's Responsibilities The State shall install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its employees or duly appointed agents. City's Responsibilities The City may install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its employees or duly appointed agents. Any installations shall be performed in accordance with Texas Department of Transportation specifications and standards, and must be approved by the State in writing prior to any work being performed. Forth 2043 (Rev.04112) Page 3 of 3 The City shall maintain all landscape elements within the limits of the right of way including all median and island areas but excluding paved areas intended for vehicular travel. Landscape maintenance shall include but not be limited to plant maintenance, plant replacement, mowing and trimming, hardscape element maintenance, and irrigation system operation and maintenance. All landscape elements must be maintained in a functional and aesthetically pleasing condition. TERMINATION It is understood and agreed between the parties hereto that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Additionally, this agreement may be terminated by mutual agreement and consent of both parties. Should the City terminate this agreement, as prescribed here above, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Corpus Christi on the day of year 2014 , and the Texas Department of Transportation, on the day of , year ATTEST: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation CITY OF Corpus Christi Commission for the purpose and effect of activating and/or carrying out the By orders, and the established policies or (Title of Signing Official) work programs heretofore approved and authorized by the Texas Transportation Commission. By District Engineer Corpus Christi District Attachments WILES COUNTY: NUECES PROJ.NO.: NH 2013(795) HWY. NO.: SH 286 LETTING DATE: JUNE 2013 ua_iim 'zi Z $�5 m o m y In 2 v � (}1 mpo 92 n2 mm O N n m off fl Csono > N ♦v -4 N -i $ g P4� aNOPN F jr m m s CIO r m OD s S' g oo m o <„ r ts7 ano m°N� ao b Yf.. MR y rzrl y W "•D �N ,Jw. y«gym 9 In r 2 A r --ii Fa�nr 1pyD m�•-, o o =v tipmp assn N In O n N ('�'1 u=C gD�SiY T a �' .-�'•°N'i N-C,N"". 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R °-3°R npOq tp=p ° JmRv ® \ 0000 m t miA S.Z \ Op °l m �GO� mo l Z m C Palms k, be planted at an angle 110 decree mail for palms n goups of two and three '� dant Stppafig shNl be as provided ' Typical Patin Tree Sugpat delaE Backbit and bash to be as prodded n Typical Palm Planing Dela. 0- MIN PALM TREE PLANTING IN CLUSTERS NOT TO SCALE Roatballs to be as dose as possbte it plan pit. VEGETATIVE WATERING SCHEDULE FOR PALMS PHASE ITEM DESCRIPTION FREQUENCY RATE Construction/installation oDeratiEOt Item 192.31G1 powering wits De iprovidedrrigati by the irripatlon system If the auttmbtic system is unavailable, vvLl ter shalbe provides by other means to meet waters requirements at JANUARY Same day Os Plonking nd witimes per week through 7th 2 days minimum DECEMBER between woterinae 2 tines pivot container pallor size per plant or r D 60 alm yal Ions De period Establishment period, Item 192.3(01(11 os required in Item or 961 'Tranapl anifnp Palm Dy Tree Spode' 11) (c1. tIF APPLICABLE TO THIS PROJECT! NOTES. Rote one frequency may be adjusted to meet site conditions and weather as approved or directed by Engineer. Refer to Item 168.2 for water quality information. Plants which will hove on automaticriaation system shall not be installed until appropriate irrigation section valve assesely and quick coupler devices ore operable. At time of installation 11 plants shall be watered -in mauotly the some day we planting at a rate and frequency shown above. Irrigation emission device shall be installed immediately after plan* Instol lotion. elivion Detail. uugghheilrigation system shall be paid according to general irrigation notes on Woter delivered 'IrriStressed plant material will be rejected according to Item 192.2181 and replaced at Contractor's expense. PALM TREE PLANTING (PLAN, VIEW) IN CLUSTERS NOT TO SCALE Set tree plumb and n center of pd. lap 1/3 al rootbdt should be above unshed geode Backlit 0.d bash to be Os prodded it Typed Poem Planting Nide. Bundle foliage tightly with Nle twine pion to trmRbrt Al tine of planting loosen bundle Aller 60 days, mise age rernae Nle twee (For Sables untie and remove Nle tone alter 90 days) Ally tidying, prom all damaged fronds 6 inches from base of sleet as approved by the mailed. Do not use chvisows to pone At the tine of planting appl=y an Minim based folia hingdde to tops ad bottoms of (rads and rut. Al ter fungicide has dried apply insecticide to the fronds ad tank rod then %ply mlisiress/mtitranspimts to the fonds and tnnk Repeal application after two weeks Iran planing Tanks shat not be skinned, boots shall remain Ali fags, ribbons. Has old makers shot be renocted at line of paling On not cover lop of raathell with sod. mulch only 4 inch layer of gulch (see planting note 17, this sheen Bockidl area between football and sides of penia pd. Ba:kfil will const of 702 bocklit (see planing rote e6, this sheet) ad 302 rock limited to I inch to I-1/2 itch Work beeline equolly mood the balls 6 inch lilts Soak in each hit no to Irished erode using a lipid lain of vitamin and hanaees apealcdly for palms diluted with water al a rale recommended by mmufacloe. Hem 19221C) B 192.3 10 Plan boars Item 19231F1 Fnshod gads 9001b011 sae to be mit 12 inches from the edge of tank !edgier soil l ed aslow release Pd to be 2/3 depth and sane supe of roolbah tern 1923tE) Carpacted backfill to level tree rod to establish proper football elevation Undisturbed sod TYPICAL PALM TREE PLANTING NOT TO SCALE OF fps 1.O. Bae 12Sse, Aosts,I Med ese11-ans1RS,(1 Orel [Os gImette o p1 5c6 ,use flne s1 MS 0 PROFESSIONAL onellaa en Knots constot a As Leessme A1e11TECIS IN TOOL TRDOT approved Appal colla 3 - 2X4X12' leer blocks wrapped to tank with 2 nylon straps designed to prevent scaring. outing or other damage at point of contact to tree /Platt Support,lien I 923W1 than Ili0foot hey Fou 1/4 in I /4 inch 90900200 steel taaalt cables with t/eye and eye with platen 3/88 itch inch . thread diameter M 6 itch lake -up, spaced surd distance sand and beyond football Less than 1 loot Iree:T I/B inch admiredgazed steel ail cables with le- eye and eye ProProplated.3/8 inc 3/8 inch thread dlanetm with 3 inch ttake-teyo d roolbglm since around and Mn 36 itch when mmulatuer recomedatlon s less TYPICAL PALM TREE SUPPORT NOT TO SCALE PLANTING NOTES: 1.Contractor shall be responsible fon referencing for"IConns+ uctionTexas Maaintdnanceepofi Hicof ghw yssb s Streets and Bridges 2004 for specifications dimensions v lumfa end measurements thot have been modified or not shown. 2.Rejection of plants shall be in ovcordance with Item 192.2181. 3.Contractor eholl verify that all planting meats the following clear Zone minimum standards unless specified by Engineers: trees: 30 feet frac edge of trave.ed lane unless protected by a barrier, shrubs: 15 feet from edgeof travel lone unless protected by a barrer, vines/groundcover: no in. distance. If protected by barrier, the Engineer shall determine the dietarce that snail be conaidered minimum. Roadwoy edges shown on the plans ore to be Considered the edge of travel lone unleab labeled otherwise. 4.Ail locations of trees, Shrubs dna beds shall be stoked in the field by the Contractor in accordance with Iter 192.3(C). 5.Bockfill Shall be of the following: 70% existing soil removed from the plant pit and 15% carport for erosion control as described in Special Specification Item 161 Compost Ond IRS. rock limited to 1 incl to 1-1/2 inch, both Sh011 be incidental. Work backfill equally around the rootball in 6 inch lifts to eliminate air pockets. Sook each lift up to finish grade using o liquid form of vitamins and hormones specifically for palms diluted with water at a ratio recommended by manufacturer. 6.fertilizer to be NP1(.12-4-12 with min. 2%. water soluble magnesium, min. 62 sulfur, min. 2% Iron, and min. 2% total manganese. 1.011 chemicals shall be approved for use on Mims. B.Campost for surface application for palm planting shall be general vee compost as described In Special Specificotion Item 1058 Compost. Compost for surface application for pole planting shall be incidental and not pold for separately. Areas with nd-Goat for surface application Shall be maintained in occordgnce with Item 192.3101131 ATTACHMENT "A" SHEET 7 OF 9 Texas Deporlmem of Tronspatalon 2008 DESIGN DIVISION PLANTING AND ESTABLISHMENT SHEET 3 OF 5 Omits not to scats PALM TREE EILE: STATE IAIE Ala PROJECT ISMER SHEET Tau arms 7.0 TIS MORAL SECT JOB N1PwAw u MOSS eta 01 eta at ala PLANT SPECIFICATIONS Botanical Nara TREES SABAL PALM Caiman None Color i Quantity Root Condition 'Caliper Height Spread Remarks SABAL MEXICANA 20 818 NURSERY -GROWN SHRUBS NERIUM OLEANDR DWARF OLEANDR 60 1 GAL. SALMON PINK MIN. 12" MIN. 12' DWARF SALMON PINK VINE/GROUMO COVER ATTACHMENT "A" SHEET 8 OF 9 PLANT SPECIFICATIONS: 1.Controctar shall be responsible for referencing Item 192 of the Texas Standard Specifications for Construction Maintenance of Highways Streets and Bridges 2004 for specifications dimensions volumes and measurements that hove been modified or not shorn. 2. ejection 'ffl plants shall be in accordance with Item 3, safectrtansportaiion11 ofeplantsntobthe efproject site and their condition upon arrival. 4.Plant materiels shall not be stored on hard surface or left exposed to the sun. Protect the root balls and water regularly until planting. If plants ore left in storage over the weekend or holiday, a means of Pee iodiucallyl lddi ate ingv ond container S.All plants shall be hardy, symmetrical, tight knit, and so trained or favored in develolmlent and oppeorence as to be superior In form, hunter of branches, and comaoutnesa. Plants shall be sound, healthy and vigorous, well branched, and densly fon lutea wnen in leaf, end shun hove healthy, well developed root systems. b.All plants shall be nursery -grown in containers unless otherwise shown on plans. \ �J IWe,MKr4.2td 125,7, AUSTIN, TEXAS Taf11-0331 IN0. IEIIO,o E 15121 w5-1003 NLS nmSsICTIMI ,m1 CasEAINTS nEamonk THE no:mo PRACTICES Of PERSaa NE01GISTEAEp AS EYOSCVE AnodUCIS IN TEXAS. i Qs/QgB Texas Department of Transportation DESIGN DIVISION PLANTING AND ESTABLISHMENT SHEET 4 OF 5 PLANT SPECIFICATIONS STATE STATE AI, PAo+ECT MAWS !MEET ISSAS mu 1m1 1.1 NS1 COATS CONTROL UST JCS SIGMAS IG 01 GST SANS LANDSCAPE ESTABLISHMENT AND MAINTENANCE REQUIREMENTS DESCRIPTION LIMITS REQUIREMENTS FREOUENCY 192 PLANTING AND ESTA9LISRENT AFTER CONVLETION OF THE PROJECT INSTALLATION AS SHORN ON THE PLANS AND AS APPROVED BY THE ENGINEER THE CONTRACTOR SHALL PERFORM MAINTENANCE AND REPLACEMENT ACTIVITIES FOR A PERIOD OF 90 CALENDAR DAYS AS DESCRIBED IN ITEM 192.3(0) ALL WORK DURING 90 CALENDAR DAY ESTABLISHMENT PERIOD SHALL BE INCIDENTAL AND NOT PAID FOR SEPARATELY UNLESS OTHERWISE SHOWN IN PLANS. THE 90 CALENDAR DAY ESTABLISHMENT PERIOD WILL BEGIN ONLY WHEN APPROVED BY THE ENGINEER AND END ACCORDING TO ITEM 192.5. PAYMENT SHALL BE AS DESCRIBED IN ITEM 192.7. LIMITS OF PLANTING ARE AS SHOWN ON THE PLANS. CONTRACTOR SHALL COMPLETE INSTALLATION AS SHOWN IN THE PLANS AND PERFORM THE 90 CALENDAR ESTABLISHMENT PERIOD AS DESCRIBED IN 192.310) WITH THE FOLLOWING EXCEPTIONS. METHODS FOR MAINTAINING PLANTING AREAS WEED FREE SHALL BE AS DESCRIBED ON THIS SHEET UNDER ITEM t93 PLANT MAINTENANCE REQUIREMENTS WATERING SHALL OCCUR AS SHOWN ON 'TREE OR SHRUB PLANTING' SHEETS. METHODS FOR MAINTAINING THE IRRIGATION SYSTEM SHALL BE AS DESCRIBED ON THIS SHEET UNDER ITEM 193 IRRIGATION SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS STRESSED. DAMAGED, OR DEAD PLANTS RESULTING FROM CONTRACTOR'S ACTIONS OR INADEQUATE MAINTENANCE SHALL BE REPLACED AT CONTRACTOR'S EXPENSE. PLANTING AND ESTABLISHMENT ACTIVITIES SHALL OCCUR AT LEAST ONCE PER MONTH MINIMUM. VEGETATIVE WATERING SHALL OCCUR AS SHOWN ON TREE OR SHRUB PLANTING' SHEETS. ADDITIONAL MAINTENANCE AND ESTABLISHMENT MAY BE REQUIRED TO MEET REQUIREMENTS DURING NORMAL GROWING PERIODS. ADDITIONAL MAINTENANCE FOR GROWING PERIODS SHALL BE INCIDENTAL AND NOT PAID FOR SEPARATELY. 153-S01 PLANT UAINIENANCE RDI (IF APPLICABLE TO THIS PROJECT) PLANT MAINTENANCE APPLIES TO LANDSCAPE AFTER MAINTENANC OF LETONLAR DAY CGAPLEPERIOD 90AC-CALENDAR TO ITEM 192.3101 MAINTENANCE RTQUIRE2E3T0 SHALL BE LIMITED TO THOSE ACTIVITIES SHOWN OR REFERENCED ON THIS SHEET. LIMITS OF PLANTING ARE AS SHOWN ON THE PLANS. CONTRACTOR SHALL MAINTAIN ALL PLANTING AREAS GENERALLY WEED AND GRASS FREE. WEEDS AND GRASS SHALL BE MANUALLY REMOVED OR CONTROLLED WITH HERBICIDE APPLICATION. CORD TRIMMERS SHALL NOT BE USED TO KEEP AREA WEED FREE. ANY WORK USING CORD TRIMMERS FOR WEED CONTROL IN TREE, SHRUB AND VINE PLANTING AREAS SHALL NOT BE PAID FOR. HERBICIDE AND HERBICIDE APPLICATION METHOD SHALL BE APPROVED BY THE ENGINEER PRIOR TO APPLICATION. EXTREME CARE SHALL BE TAKEN TO INSURE THAT THE HERBICIDE DOES NOT COME INTO CONTACT WITH ANY PART OF THE DESIRABLE PLANTS.D CONTRACTOR SHALL AL RESPONSIBLE FOR MAINTAINING ALL PLANT STAKING AND SUPPORTS SO THAT ALL PLANTS REMAIN APPROXIMATELY VERTICAL AND STRAIGHT. CONTRACTOR SHALL REMOVE ER ADJUST METAL STAKES AND SUPPORTS FOR LARGE PLANTS WHEN DIRECTED BY ENGINEER. BIODEGRADABLE STAKING SYSTEM ON SMALLER PLANTS SHALL REMAIN UNTIL PLANT STAKES AND SUPPORTS FEBDEGE NATURALLY. REMOVAL OF BIODEGRADABLE STAKES AND SUPPORTS WILL NOT BE REQUIRED. CONTRACTOR SHALL COLLECT AND DISPOSE OF ALL LITTER WITHIN ALL PLANTING AREAS. STRESSED DAMAGED, OR DEAD PLANTS RESULTING FROM CONTRACTOR'5 ACTIONS OR INADEQUATE MAINTENANCE SHALL BE REPLACED AT CONTRACTOR'S EXPENSE. PLANT MAINTENANCE ACTIVITIES SHALL OCCUR AT LEAST ONCE PER MONTH MINIMUM. VEGETATIVE WATERING SHALL OCCUR AS SHOWN ON 'TREE OR SHRUB PLANTING' SHEETS. ADDITIONAL MAINTENANCE AND ESTABLISHMENT UR BE REQUIRED TO MEET REQUIREMENTS GROWING PERIODS. DURING NDRAmL MAI MAINTENANCE FOR GROWING ADDITIONAL LL PERIODS SHALL BE INCIDENTAL AND NOT PAID FOR SEPARATELY. 193-2009 VEGETATIVE WATERING 11101 RIF APPLICABLE TO THIS PROJECT) VEGETATIVE WATERING SHALL OCCUR AS SHOWN ON 'TREE PLANTING DETAILS, WATERING SCHEDULE, NOTES AND SPECIFICATIONS' SHEETS. STRESSED,DAMAGED,OR DEAD PLANTS RESULTING FROM CONTRACTOR'S ACTIONS R INADEQATE WATERING SHALL BE REPLACED AT CONTRACTOR'S EXPENSE. VEGETATIVE WATERING SHALL OCCUR AS SHOWN ON TREE PLANTING DETAILS WATERING SCHEDULE, NOTES AND SPECIFICATIONS' SHEETS. 193.2007 IRRIGAT SYS OPER AND TAINT Ibl IIF APPLICABLE TO THIS PROJECT) LIMITS OF IRRIGATION SYSTEM MAINTENANCE WILL BE THE ENTIRE SYSTEMISI FROM THE WATER METER(S) CONTRACTOR SHALL MAINTAIN ALL IRRIGATION SYSTEMS ACCORDING TO ITEM 193.1 AND THE REQUIREMENTS DESCRIBED ON THE 'IRRIGATION DETAILS SHEETIWI . STRESSED,DAMAGED. OR DEAD PLANTS RESULTING FROM _CONTRACTOR'S ACTIONS R INADEQUATE MAINTENANCE SHALL BE REPLACED AT CONTRACTOR'S EXPENSE. CONTRACTOR SHALL INSPECT IRRIGATION SYSTEM AT LEAST ONCE PER NORTH MINIUM AT ALL PROJECT LOCATIONS. ADJUSTMENTS MADE TO IRRIGATION TIMERS SHALL BE MADE BY THE CONTRACTOR AS DIRECTED BY THE ENGINEER ADJUSTMENTS WILL BE REQUIRED AT SEASONAL CHANGES EXCESSIVE WET OR DRY PERIODS, � OR OTHER TIMES AS DIRECTED BY THE ENGINEER. ADJUSTMENTS SHALL BE INCIDENTAL. ATTACHMENT "A" SHEET 9 OF 9 CUMIN os 4.el 2oa9 BOARD OF IRDIITECIMML £0101ICRS, P.O. TNI TOSS?. AMDT1W, TEXAS 1f1Tl•2337 OPEN FoPDNONTNIMTS K MID S,1000. ANE PPWNIEESSfIWL PRACTICES OF PERSONS REGISTERED AS LAIIUSGPE AROIITECTS IN TEXAS. eTexas Deportment If Transportation 0200B DESIGN DIVISION PLANTING AND ESTABLISHMENT SHEET 5 Of 5 GWtoils not to scale MAINTENANCE RIX Arz SLR ATB 100.00 11114011 MIXT TEXAS M BOND II/61 TILT If MINS WLIN 01 051 MI RIM