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Agenda Packet City Council - 11/10/2015
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, November 10, 2015 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 Pastor David Beirne, Travis Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Pastor Rick Milby, Abundant Life Fellowship. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-1278 Proclamation declaring November 17, 2015, "Annual World Wide GIS Day of the Coastal Bend 2015 - Discovering the World through GIS". Korean Chamber of Commerce Check Presentation to the Sister City Committee and to the City of Corpus Christi. The Texas Mayors of Military Communities Presents "Legislative Champion of the Year 2015" Award to Senator Juan "Chuy" Hinojosa. National Veteran Senior Corps Pinning Ceremony. Corpus Christi Page 1 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 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 SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. MINUTES: 2. 15-1281 Regular Meeting of October 27, 2015 Attachments: Minutes - October 27, 2015 I. BOARD & COMMITTEE APPOINTMENTS: (NONE) J. 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. K. CONSENT AGENDA: (ITEMS 3 - 10) 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 Corpus Christi Page 2 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 15-1173 Engineering Construction Contract for Southern Minerals Road from Up River Road to IH37 BOND 2014 Motion authorizing the City Manager, or designee, to execute a construction contract with Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $3,060,904.65 for the Southern Minerals Road from Up River Road to IH 37 for the total Base Bid. (Bond 2014) Attachments: Agenda Memo - Southern Minerals Road Project Budget - Southern Minerals Location Map - Southern Minerals from Up River to IH 37 Bond 2014 Presentation - Southern Minerals 4. 15-1197 Engineering Construction Contract for Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center Motion authorizing the City Manager, or designee, to execute a construction contract with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $1,809,131 for the HEB and Al Kruse Tennis Centers (Rebid) for the Base Bid, Part A only for repairs to the tennis centers. (Bond 2012) Attachments: Agenda Memo - Tennis Courts Budget - Tennis Centers Location Map - HEB & Al Kruse Tennis Centers REBID Construction Presentation - Tennis Centers 5. 15-1140 Expand Solid Waste Operations' DriveCam Program to reduce preventable vehicle accidents within the fleet Resolution finding that competitive bids are not required for procurement from Lytx, Inc., and authorizing the City Manager, or designee, to execute agreements with Lytx, Inc., totaling $133,225.26 for the purchase of additional hardware and software to expand the vehicle -mounted camera program for the Solid Waste Operations Department. Attachments: Agenda Memo - Drive Cam 6.docx Resolution - Sole Source Lytx Expand 20151012.docx Quotes - DriveCam 51 units #2.pdf Presentation - Drive Cam 2 Corpus Christi Page 3 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 6. 15-1228 Assessment of the Efficiency and Effectiveness of the City of Corpus Christi's Financial Services Department Motion authorizing the City Manager or designee to execute a consultant agreement with Weaver and Tidwell, L.L.P to assess the efficiency and effectiveness of the Financial Services Department for an amount not to exceed $228,500. Funding is available in the Financial Services Department Budget for fiscal year 2015/2016. Attachments: Agenda Memo - Financial Services Assessment Service Agreement - Weaver and Tidwell L.L.P. Presentation - Final Finance Assessment Award to Weaver Scope of Work - Financial Services Assessment Scope Questions - Financial Services Assessment Modified Scope - Financial Services Assessment 7. 15-0963 Second Reading Ordinance - Amending the Civil Service Board Rules and Regulations (1st Reading 10/27/15) 8. 15-1146 Ordinance amending the Civil Service Board Rules and Regulations in its entirety as recommended by the Civil Service Board; providing for severance; and providing an effective date. Attachments: Agenda Memo - Adopting Civil Service Board Rules 2015 revised (00000002) Ordinance - Adopting Civil Service Board Rules - 2015 Civil Service Rules - as approved by the Board 8.20.15 - Redlined Revision 8.15- Civil Service Board Rules revision auqust2015 highlights Second Reading Ordinance - Ordinance authorizing a use privilege agreement with the Tuloso-Midway Independent School District located at 2653 McKinzie Road (1st Reading 10/27/15) Ordinance authorizing the City Manager to execute a use privilege agreement with the Tuloso-Midway Independent School District ("Permittee") to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive Public street right-of-way, located west of McKinzie Road public right-of-way, subject to the Permittee's compliance with specified conditions. Corpus Christi Page 4 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 Attachments: Agenda Memo - Tuloso-Midway Ordinance with agreement - UPA Tuloso Midway ISD Location Map - Tuloso-Midway 9. 15-1170 Second Reading Ordinance - Authorizing the Tax Increment Reinvestment Zone #3 Board to expend funds and approve reimbursement agreements (1st Reading 10/27/15) Ordinance authorizing the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board to expend funds and approve reimbursement agreements in accordance with the Project and Financing Plan. Attachments: Agenda Memo - TIRZ #3 Board Approval Authorization Ordinance - TIRZ #3 Authorization & Template Agreement TIRZ #3 Draft Reimbursement Agreement 10. 15-1171 Second Reading Ordinance - Appropriating funds for Tax Increment Reinvestment Zone (TIRZ) #3 Project Plan (1st Reading 10/27/15) Ordinance appropriating $1,597,564 from the unreserved fund balance in Fund 1112 Reinvestment Zone No. 3 Fund (Downtown TIF) to fund approved projects in FY2016 and changing the FY2016 Operating Budget adopted by ordinance 030620 by increasing expenditures by $1,597,564. Attachments: Agenda Memo - TIRZ #3 Revenue Appropriation Ordinance - TIRZ #3 Revenue Appropriation L. EXECUTIVE SESSION: (ITEMS 11 - 13) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 11. 15-1252 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association. 12. 15-1280 Executive session pursuant to Texas Government Code § 551.071 Corpus Christi Page 5 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential economic development agreements involving Park Road 22, Gulf Shores Joint Venture, the Packery Channel Tax Increment Reinvestment Zone, and unexpended proceeds from prior debt issuance and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information relating to the aforementioned matters and entities that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect 13. 15-1279 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues involving administrative orders and/or potential litigation from the U.S. Environmental Protection Agency, U.S. Department of Justice, and/or Texas Commission on Environmental Quality related to the City's wastewater treatment plants, sanitary sewer overflows, and the City's Sanitary Sewer Collection System. M. PUBLIC HEARINGS: (ITEMS 14 - 15) 14. 15-1249 Public Hearing and First Reading Ordinance - Rezoning Property located at 9001 Leopard Street Case No. 0915-07 City of Corpus Christi: A change of zoning from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District. The property is described as being a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors) and located on the southwest corner of Leopard Street and North Clarkwood Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "IH" Heavy Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for property owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors), by changing the UDC Zoning Map in reference to a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Corpus Christi Page 6 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 Document # 2013016625, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - SKB Ordinance - SKB PC Final Report - SKB Location Map - SKB 15. 15-1250 Public Hearing and First Reading Ordinance - Rezoning of seven newly annexed properties in Industrial District No. 1 Case No. 0915-08 City of Corpus Christi: A change of zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District. The properties to be rezoned are described as Tract 1: Being a 1.095 -acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572 in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, Page 1029, Deed Records of Nueces County, Texas owned by ABTEX Brinkerhoff Oil Company and said landlocked tract generally located between IH -37 and Hearns Ferry Road and east of Carbon Plant Road; Tract 2: Being a tract of land containing 42,000 square feet (0.96 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 3: Being a tract of land containing 25,185 square feet (0.58 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 4: Being a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 5: Being a 0.92 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 6: Being a 0.187 acre (8,138.134 square feet) out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Corpus Christi Page 7 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 Nueces County, Texas and owned by Exxon Pipeline Company and located on the south corner of Buddy Lawrence Drive and Oak Park Avenue; and Tract 7: Being a 0.25 acre tract of land out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Koch Gathering Sys, Inc. and located between Oak Park Avenue and Buddy Lawrence Drive and north of Huisache Street. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the re -zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District on Tracts 1-7. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for seven tracts of land described and owned as follows: Tract 1:. ABTEX Brinkerhoff Oil Co. (1.09 acres); Tracts 2 and 3: Coastal State Petroleum Co. (0.96 and 0.58 acres); Tracts 4 and 5: Coastal Liquids Partners LP (0.10 and 0.92 acres); Tract 6: Exxon Pipeline Co. (0.18 acres); and Tract 7: Koch Gathering Sys Inc. (0.25 acres), by changing the UDC Zoning Map in reference to the seven tracts encompassing 4.08 acres of land, more specifically described by City Council Ordinance 030640, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - City of CC Indust Distr 1 Ordinance - City of CC Indust Dist 1 PC Final - Report -City of CC Indust Dist 1 Location Map - City of CC Indust Dist 1 N. ONE -READING ACTION ITEMS: (ITEM 16) 16. 15-1254 One -Reading Action Item - Amending the Ordinances for the Victims Of Crime Act (VOCA) grants to comply with grant requirements Ordinance amending Ordinance 030636 which accepted a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program and Ordinance 030637 which accepted a grant in the Corpus Christi Page 8 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 amount of $188,264.42 to continue the Victims of Crime Act (VOCA) grant within the Police Department for the 16th and 17th project years, to add a section regarding return of funds in event of loss or misuse of funds in order to comply with grant requirements. Attachments: Agenda memo - Amending grant ordinance 11.10.2015 Ordinance - Amend 15-1070 and 15-1069 O. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. P. FIRST READING ORDINANCES: (ITEMS 17 - 24) 17. 15-1244 First Reading Ordinance - Accepting and appropriating State grant funds for the 16th program year of the Violence Against Women Act (VAWA) program within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $34,645.86 for the 16th program year of the Violence Against Women Act (VAWA) Program within the Police Department with a City match of $27,800.14 and an in-kind match of $5,520 from the No. 1020 Police General Fund; appropriating the $34,645.86 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $27,800.14 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $67,966.00. Attachments: Agenda memo - VAWA approp 11.10.2015 Ordinance - VAWA Grant Award letter - VAWA Grant Yr16 18. 15-1196 First Reading Ordinance - Accepting and appropriating grant funds for CPR training of graduating seniors within Corpus Christi Independent School District (CCISD) Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,500 to support a joint pilot program between CCFD and CCISD to provide CPR training to all graduating seniors; and appropriating $2,500 from NuStar Energy L.P into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies to directly benefit Fire Departments' CPR Pilot Program. Attachments: Agenda Memo - NuStar Energy Grant 2015 - Fire.docx Ordinance - NuStar Grant 2015 - Fire.docx Corpus Christi Page 9 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 19. 15-1214 First Reading Ordinance - Reimbursement agreement for the construction of water arterial transmission and grid main line located along North Oso Parkway, east of Ennis Joslin Road and north of Wooldridge Road Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $79,747.60 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - MPM Development, LP -Parkview Unit 1 Ordinance - MPM Development, LP -Parkview Unit 1 Location Map - MPM Development, LP -Parkview Unit 1 Reimbursement Agreen 20. 15-1216 First Reading Ordinance - Closing a portion of a utility easement located east of Fort Worth Street and South of Campbell Street Ordinance abandoning and vacating a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1B, Hospital Tracts Subdivision, located east of the Fort Worth Street and south of Campbell Street; and requiring the owner, Driscoll Children's Hospital to comply with the specified conditions. Attachments: Agenda Memo - Driscoll Children's Hospital Ordinance with Exhibits - Driscoll Children's Hospital Location Map - Driscoll Children's Hospital 21. 15-1217 First Reading Ordinance - Appropriating funds to continue construction/safety enhancements/safety modification for Runway 17/35 at Corpus Christi International Airport Ordinance appropriating $665,021 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 1 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 600 -ft Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiway Projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $665,021 each. With a 10% match with Airport Fund Reserves. Attachments: Agenda Memo - FAA Grant No. 49 Amendment 1 Ordinance - FAA Grant No. 49 Amendment 1 FAA Letter - Grant 49 Amendment 22. 15-1218 First Reading Ordinance - Appropriating funds to continue construction/runway safety for Runways 17/35 and 13/31 at Corpus Corpus Christi Page 10 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 Christi International Airport Ordinance appropriating $1,733,597 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 Amendments No. 2 and 3 in the No. 3020 Airport Capital Improvement Fund for Runway 13/31, 1,000 -ft extension displacement and connecting taxiways, reconstruct and expand north general aviation apron, reconstruct air carrier taxilane, extend Taxiway F, Runway 17/35, NAVAIDS site work, and Gate 10B projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,733,597 each. With a 10% match from the Airport Fund Reserves. Attachments: Agenda Memo - FAA Grant No. 50 Amendment 2 & 3 Ordinance - FAA Grant No. 50 Amendment 2 & 3 FAA Letter - Grant 50 Amendment 2 & 3 23. 15-1239 First Reading Ordinance - Approving the Proposed 2016 Annual Audit Plan Ordinance to approve the 2016 Annual Audit Plan Attachments: Agenda Memo - Annual Audiit Plan 2016 Ordinance - 2016 Annual Audit Plan Exhibit A - Proposed 2016 Annual Audit Plan Presentation - Audit Plan 24. 15-1293 First Reading Ordinance - Accepting and Appropriating Partial Reimbursement for Election Services Overbilling Ordinance accepting payment from Nueces County in the amount of $73,616.52 as partial reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2015-2016 operating budget adopted by Ordinance 030620 to increase revenues and expenditures by $73,616.52. Attachments: Agenda Memo - Election Services Reimbursement.pdf Ordinance - Election Services Reimbursement.pdf Q. FUTURE AGENDA ITEMS: (ITEMS 25 - 30) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 25. 15-1067 Purchase of Emulsified Polymerized Asphalt for use in street sealcoating Motion authorizing the City Manager, or designee, to enter a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsified polymerized asphalt in accordance with Bid Event 75, based on only bid, for an estimated 6 -month expenditure of $349,450.00. The Corpus Christi Page 11 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six-month periods, subject to the approval of the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2015-2016. Attachments: Agenda Memo - Emulsified Polymerized Asphalt.docx Bid Tabulation - Emulsified Polymerized Asphalt.xlsx 26. 15-1213 Resolution approving a Developer Participation Agreement for the City's cost to extend North Oso Parkway located east of Ennis Joslin and north of Wooldridge Road Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $304,508.60 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. Attachments: Agenda Memo - Oso View Resolution - Oso View Location Map - Oso View Participation Agreement 27. 15-1187 Engineering Contract for McBride Lift Sation and Force Main Improvements Motion authorizing the City Manager or designee to execute an engineering contract with Coym, Rehmet & Gutierrez of Corpus Christi, Texas in the amount of $391,870 for the McBride Lift Station and Force Main Improvements for design, bid and construction phase services. Attachments: Agenda Memo - McBride LS Project Budget - McBride LS.xls Location Map 1 - McBride LS.pdf Location Map 2 - McBride LS.pdf Presentation - McBride LS Contract - McBride LS 28. 15-1247 Resolution to approve repair and completion of preventative maintenance of the LED lighting system on the Harbor Bridge Resolution finding that competitive bids are not required for procurement from Pfeiffer & Son, Ltd, and authorizing the City Manager, or designee, to execute an agreement with Pfeiffer & Son, Ltd. in the amount of $69,064.50 for the repair and preventative maintenance of the LED lighting system on the Harbor Bridge. Corpus Christi Page 12 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 Attachments: Agenda Memo - Harbor Bridge Repairs.docx Resolution - Sole Source LED Lights Harbor Bridge.docx Agreement(Signed) - Harbor Bridge LED Lighting System Repairs.pdf Advanced Funding Agreement - Harbor Bridge Repairs 29. 15-1266 Resolution requesting Corpus Christi Regional Transportation Authority Forensic Audit Resolution authorizing issuance of a letter to the Corpus Christi Regional Transportation Authority requesting a forensic audit of the Corpus Christi Regional Transportation Authority's finances and accounting practices. Attachments: Agenda Memo - RTA Audit Resolution authorizing letter requesting RTA audit 30. 15-1267 Resolution authorizing the submission of a grant application to the Governor's office for the Defense Economic Adjustment Assistance Grant (DEAAG) program Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. Attachments: Agenda Memo - DEAAG Application Nov 2015 Resolution - DEAAG application DEAAG Admin Rules R. BRIEFINGS: (ITEMS 31 - 32) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 31. 15-1056 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Economic Update Attachments: Agenda Memo - CCREDC Update Nov 2015 Presentation - CCREDC Update Nov 2015 Report - CCREDC Eco Impact 32. 15-1199 Housing Workshop #4 Corpus Christi Page 13 Printed on 11/9/2015 City Council Meeting Agenda - Final November 10, 2015 Attachments: Agenda Memo - Housing Workshop #4 Presentation - Housing Workshop #4 - November 10 2015 Program Outline - Infill Housing Incentive Program Type A 9.21.15 - Agenda Memo Infill Pilot Program Type A 9.21.15 - Infill Housing Pilot Program Guidelines Type A 9.21.15 - Minutes S. LEGISLATIVE UPDATE: This item is 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 14 Printed on 11/9/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, October 27, 2015 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 Dr. Bob Eckert. Dr. Bob Eckert gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Arlene Medrano, Executive Assistant to Assistant City Manager, General Government and Operations Support (to be followed by related comments by Pastor Rick Milby). Executive Assistant to Assistant City Manager, Arlene Medrano led 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 verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring October 28, 2015, "HELP Hits the High Notes Day". Proclamation declaring November 5, 2015, "International Project Management Day". Proclamation declaring November 6, 2015, "Texas Arbor Day". Corpus Christi Page 1 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 Proclamation declaring November 7, 2015, "Face to Face Coastal Bend Walk for Memory". Proclamation declaring November 9-14, 2015, "The 240th Marine Corps Birthday Week". Mayor Martinez presented the proclamations. 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 referred to comments from the public. Carolyn Moon, 4902 Calvin, spoke regarding storm water mitigation around Oso Creek. Robin Romo, 4718 Lake Huron, spoke regarding damage to her property caused by a sewer line and lack of an easement. Ms. Romo said her property has been foreclosed on and her family is being evicted. City Manager Ron Olson stated that the City has thoroughly investigated the issue and there is nothing more the City can do. City Manager Olson said staff has invited Ms. Romo to submit a claim. Jack Gordy, 4118 Bray Drive, spoke regarding the following topics: his seventh public information request for information granting the City of Corpus Christi a grace period to remove the palm trees on Airline Road; a letter submitted by the United States Justice Department to the City Council; and compliance with ADA regarding the ramp located on the Lipan Street entrance to City Hall. Susie Luna Saldana, 4710 Hakel, thanked the City for filling the cracks on her street. Ms. Saldana also thanked Council Members Rubio and Vaughn for their comments at the last Council meeting and stated that she was proud to have council members that speak their mind. Shirley Thornton, 1917 Woodcrest Drive, referred to the last Council meeting where Andy Taubman shared his plan for addressing the residential street problem. Ms. Thornton asked that the City Council give the newly created Ad Hoc Residential Street Infrastructure Advisory Committee a proper chance to find a solution to the street problems. Phillip Ramirez, 322 Santa Monica Drive, provided a brief overview on the Planning Commission's review process and final report recommendations regarding Plan CC 2035. Chuck Anastos, 346 Del Mar Boulevard, referred to previous comments made regarding the Lipan Drive entrance to City Hall and provided a brief history of the initial ramp project to make the Lipan Drive entrance more accessible. Errol Summerlin, Citizens Alliance for Fairness and Progress, spoke regarding Plan CC 2035 addressing the Hillcrest neighborhood as a "transition" designation. Mr. Summerlin stated that Plan CC 2035 should include language that refers to the Hillcrest area as a unique situation that requires special attention, with a long-term process and options for residents that want to stay or leave the neighborhood. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER Mayor Martinez referred to City Manager's Comments. City Manager Ron Olson reported on the following topics: 1) Red tide has infiltrated the City's beaches and bays for the last two to three Corpus Christi Page 2 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 weeks. City crews have collected approximately 32 tons of dead fish from North Beach to Coopers Alley and the Barge Dock. City Manager Olson stated that hopefully the red tide bloom will subside with cooler weather. 2) The Emergency Operations Center (EOC) was activated at 7:00 a.m. on Saturday, October 24, 2015 through Sunday afternoon, October 25, 2015. The EOC has adopted the National Incident Management System (NIMS) process. This system provides a consistent way to manage emergency operations during disasters. This weekend's storm resulted in only minor incidents and City Manager Olson stated that the believes the EOC system is ready if the City should have to deal with a real emergency. 3) The Mayor's Fitness Council will host a Kites and Bikes Festival on Saturday, November 7, 2015 from 11:00 a.m. to 5:00 p.m. at McCaughan Park. The event will include stunt kite flying demonstrations, fitness activities for the family, a farmer's market, bicycle safety demonstrations, and various give -a -ways. H. MINUTES: 2. Regular Meeting of October 20, 2015 Mayor Martinez referred to approval of the minutes. Council Member McIntyre made a motion to approve the minutes, seconded by Council Member Rosas and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: (ITEM 3) 3. Ad Hoc Residential Street Infrastructure Advisory Committee Mayor Martinez referred to Item 3. The following appointments were made: Ad Hoc Residential Street Infrastructure Advisory Committee Council Member Scott made a motion to support the nine candidates nominated by each individual council member, seconded by Council Member McIntyre. The candidates were as follows: Mayor Nelda Martinez - Toby Futrell; Council Member Magill - Andy Taubman; Council Member Riojas - Leah Olivarri; Council Member Scott - Rex Kinnison; Council Member Vaughn - Alan Guggenheim; Council Member Rosas - Richard D. Stracener; Council Member Rubio - Kyle Pape; Council Member McIntyre - David Loeb; and Council Member Garza - Javier Huerta. A brief discussion ensued regarding clarification of the appointment process. Council Member Scott withdrew his motion. Council Member McIntyre withdrew her second. Each council member stated their reasons for nominating their candidate. Council Member Garza made a motion to appoint Toby Futrell, seconded by Council Member Scott. The motion was was passed and approved with the following vote: Martinez, Rosas, Riojas, Magill, Garza, Scott, Rubio, Vaughn, and McIntyre, voting "Aye". Council Member Magill made a motion to appoint Andy Taubman, seconded by Council Member McIntyre. The motion was passed and approved with the following vote: McIntyre, Vaughn, Rubio, Scott, Martinez, Garza, Magill, Riojas, and Rosas, voting "Aye". Corpus Christi Page 3 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 Council Member Riojas made a motion to appoint Leah Olivarri, seconded by Council Member McIntyre. The motion failed with the following vote: Riojas, Martinez, Scott, and McIntyre, voting "Aye"; Rosas, Magill, Garza, Rubio, and Vaughn, voting "No". City Secretary Huerta announced that Council Member Riojas had submitted Chris Duff as her second nominee. Council Member Rubio made a motion to appoint Chris Duff, seconded by Council Member Riojas. The motion was passed and approved with the following vote: Martinez, Scott, Garza, McIntyre, Riojas, and Rubio, voting "Aye"; Vaughn, Magill, and Rosas, voting "No". Council Member Scott made a motion to appoint Rex Kinnison, seconded by Council Member McIntyre. The motion failed with the following vote: Martinez, Scott, McIntyre, and Riojas, voting "Aye"; Vaughn, Garza, Magill, Rosas, and Rubio, voting "No". Council Member Scott made a motion to appoint J. J. Hart, seconded by Council Member McIntyre. The motion failed with the following vote: Martinez, Scott, McIntyre, and Riojas, voting "Aye"; Vaughn, Garza, Magill, Rosas, and Rubio, voting "No". Council Member Vaughn made a motion to appoint Alan Guggenheim, seconded by Council Member Magill. The motion was passed and approved with the following vote: Martinez, Scott, Vaughn, Garza, Magill, McIntyre, Riojas, Rosas, and Rubio, voting "Aye". Council Member Rosas made a motion to appoint Richard D. Stracener, seconded by Council Member McIntyre. The motion was passed and approved with the following vote: Martinez, Scott, Vaughn, Garza, Magill, McIntyre, Riojas, Rosas, and Rubio, voting "Aye". Council Member McIntyre made a motion to appoint Kyle Pape, seconded by Council Member Rubio. The motion was passed and approved with the following vote: Martinez, Scott, Vaughn, Garza, Magill, McIntyre, Riojas, Rosas, and Rubio, voting "Aye". Council Member McIntyre made a motion to appoint David Loeb, seconded by Council Member Scott. The motion failed with the following vote: Martinez, Scott, McIntyre, and Riojas, voting "Aye"; Vaughn, Garza, Magill, Rosas, and Rubio, voting "No". City Secretary Huerta announced that Council Member McIntyre also submitted the following nominees: J. J. Hart, Darrell Scanlan, and Manuel Pena. Council Member McIntyre made a motion to appoint Darrell Scanlan, seconded by Council Member Scott. The motion was passed and approved with the following vote: Martinez, Scott, Garza, McIntyre, Riojas, and Rubio, voting "Aye"; Vaughn, Magill, and Rosas, voting "No". Council Member Garza made a motion to appoint Javier Huerta, seconded by Council Member Rubio. The motion was passed and approved with the following vote: Martinez, Scott, Vaughn, Garza, Magill, McIntyre, Riojas, Rosas, and Rubio, voting "Aye". Corpus Christi Page 4 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 Council Member Scott made a motion to appoint James Skrobarczyk, Sr., seconded by Council Member Rubio. The motion was passed and approved with the following vote: Martinez, Scott, Garza, McIntyre, Rosas, and Rubio, voting "Aye"; Vaughn, Magill, and Riojas, voting "No". J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 23) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Magill, seconded by Council Member Rubio, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 4. Interlocal Agreement for Latchkey Program at Calallen ISD Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Calallen Independent School District for continued operation of the City Latchkey Program at Calallen ISD. This Resolution was passed on the Consent Agenda. Enactment No: 030662 5. Design -Build Agreement for the Signs/Signals Operations - New Shop and Office Facility (Bond 2012) Project Motion authorizing the City Manager, or designee, to execute a Design -Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $2,280,000 for the Signs/Signals Operations - New Shop and Office Project for the Base Bid plus Additive Alternate Nos.1 and 2. This Motion was passed on the Consent Agenda. Enactment No: M2015-119 6. Professional Monitoring Contract for Packery Channel Monitoring for Fiscal Year 2015-2016 Motion authorizing the City Manager, or designee to renew the yearly contract for Packery Channel Monitoring for Fiscal Year 2015-2016 by executing Amendment No. 11 between the City of Corpus Christi and Corpus Christi Page 5 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 Texas A & M University -Corpus Christi in the amount of $350,703.00. This Motion was passed on the Consent Agenda. Enactment No: M2015-120 7. Work plan and budget agreement with Nueces River Authority for FY 2015-2016 Motion authorizing the City Manager or designee to execute a work plan and budget agreement with the Nueces River Authority in the amount of $99,996 to provide water planning, protection, development, and data management services to the City of Corpus Christi for FY 2016. This Motion was passed on the Consent Agenda. Enactment No: M2015-121 8. Engineering Design Contract adding repairs for existing lift station locations Motion authorizing the City Manager, or designee, to add repairs at eight existing lift station locations to an engineering design contract by executing Amendment No. 2 with Urban Engineering of Corpus Christi, Texas in the amount of $164,100 for a total restated fee not to exceed $210,340 for the Lift Station Repairs - Citywide for engineering design services and support services in Bid and Construction phases. This Motion was passed on the Consent Agenda. Enactment No: M2015-122 9. Certification of 2015 Tax Levy Motion approving the 2015 Property Tax Levy of $108,611,685.39 based on the adopted property tax rate of $0.606264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. This Motion was passed on the Consent Agenda. Enactment No: M2015-123 10. Second Reading Ordinance - Rezoning property located at 3101 Up River Road (1st Reading 10/20/15) Case No. 0815-04 Cheryl McLaughlin & Hatch, LLC: A change of zoning from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. The property is described as being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Corpus Christi Page 6 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road between Westgate Drive and Palm Drive. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Cheryl McLaughlin & Hatch, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030663 11. Second Reading Ordinance - Rezoning property located at 15205 Northwest Boulevard (FM 624) (1st Reading 10/20/15) Case No. 0915-01 Al Development, Inc.: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. The property is described as being a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, located approximately 260 feet south of Northwest Boulevard (FM 624) between CR 73 and FM 1889. Corpus Christi Page 7 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Al Development, Inc. ("Owner") by changing the UDC Zoning Map in reference to a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030664 12. Second Reading Ordinance - Rezoning property located at 1528, 1536, 1548, and 1604 Rhew Road (1st Reading 10/20/15) Case No. 0915-02 D.L. Johnson: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit, not resulting in a change to the Future Land Use Map. The property is described as Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by D.L. Johnson ("Owner"), by changing the UDC Zoning Map in reference to Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030665 13. Second Reading Ordinance - Rezoning property located at 4625 Corpus Christi Page 8 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 14. Whataburger Way (1st Reading 10/20/15) Case No. 0915-03 TWF Partners, LLC: A change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density residential to professional office uses. The property is described as Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by TWF Partners, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 11-D, Block 4, Parkdale Village, from the "RM -1" Multifamily 1 District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030666 Second Reading Ordinance - Rezoning property located south of Yorktown Boulevard between Fred's Folly Drive and Starry Road (1st Reading 10/20/15) Case No. 0915-05 Patricia H. Wallace, Trustee #2: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. The property is described as being a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District and the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Patricia H. Wallace, Trustee #2 ("Owner"), by changing the UDC Zoning Map in reference to a 115.72 -acre tract of land out of Corpus Christi Page 9 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030667 15. Second Reading Ordinance - Rezoning property located at 3801 Rodd Field Road (3/4 vote required) (1st Reading 10/20/15) 16. Case No. 0915-06 Point Development, LLC: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property is described as being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Point Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030668 Second Reading Ordinance - Accepting and appropriating a Regional grant to support the Emergency Medical Service (EMS) operation (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14; and appropriating $2,978.14 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. Corpus Christi Page 10 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 17. 18. 19. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030669 Second Reading Ordinance - Accepting and appropriating a donation from Exxon Mobil Corporation for equipment or supplies for firefighters (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to accept a grant from Exxon Mobil Corporation in the amount of $1,500 for Exxon Mobil's "Good Neighbor Program"; and appropriating $1,500 from Exxon Mobil Corporation into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030670 Second Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $3,000 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030671 Second Reading Ordinance - Accepting and appropriating State funds for the Infectious Disease Control Unit/FLU-LAB grant (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/FLU-LAB grant in the amount of $10,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide flu testing for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030672 Corpus Christi Page 11 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 20. Second Reading Ordinance - Accepting and appropriating State funds for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCD/TXHC) grant (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030673 21. Second Reading Ordinance - Accepting and appropriating State funds for the Nutrition Services Section/Women, Infant's and Children (NSS/WIC) grant (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Nutrition Services Section/Women, Infant's and Children (NSS/WIC) grant in the amount of $1,002,324, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030674 22. Second Reading Ordinance - Authorizing a construction contract and appropriating funds for the Municipal Communication Studio Facility Renovation (1st Reading 10/20/15) Ordinance appropriating $1,033,210.58 from the Unreserved Fund Balance in No. 1031 Public, Education and Government Cable Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $1,033,210.58; and authorizing the City Manager or designee to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas in the amount of Corpus Christi Page 12 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 $619,625 for the City of Corpus Christi Municipal Communication Studio Facility Renovation for the Base Bid. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030675 23. Second Reading Ordinance - Revocable Easement for Eagle Ford Pipeline, LLC for the construction of two pipelines along the eastern side of Mobile Estates Park (1st Reading 10/20/15) Ordinance granting a twelve (12) foot wide Revocable Easement to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines along the east side of a City park known as Mobile Estates Park, located south of IH -37 and west of Lantana Street; for the amount of $43,054 as compensation to the City; authorizing the City Manager or designee to execute a Revocable Easement instrument and other related documents for the conveyance of the revocable easement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030676 Q. BRIEFINGS: (ITEM 38) 38. Discussion on Ballot Language for Ad Valorem Tax -Backed Debt Mayor Martinez deviated from the agenda and referred to Item 38. City Secretary Huerta stated that at the September 15th City Council meeting, the Council asked questions about the wording used for the Bond 2014 election. The questions revolved around the Council's ability to include ballot language including whether the proposition would or would not require a tax increase; and/or projected utility rate increases related to the proposition. City Secretary Huerta introduced Clay Binford, Norton Rose Fulbright US, LLP to address these issues. Mr. Binford provided an explanation of the Texas Laws that apply to General Obligation Bond Elections for cities: the election ordinance and public notice requirements; the difference between the measure and ballot proposition components of the election ordinance; the issuance of ad valorem tax -backed bonds; Texas Supreme Court ruling on ballot proposition language; ballot proposition requirements; and the transparency requirements. Mr. Binford provided an overview of the 2014 Bond Election Ordinance: the transparency components which included language explaining how the City would pay off the debt; the tax rate should the bonds pass; and additional suggestions to increase transparency in the future. L. EXECUTIVE SESSION: (ITEMS 24 - 27) Mayor Martinez referred to the day's executive sessions. The Council went into executive session. Corpus Christi Page 13 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 24. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association. This E -Session Item was discussed in executive session. 25. Executive Session pursuant to Texas Government Code § 551.071 of the and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning United States et al v. City of Corpus Christi (2:12-cv-00217) involving potential consent decree clarifications and amendments ancillary to said consent decree. Mayor Martinez referred to Item 25 and the following motion was considered: Motion authorizing the City Manager to execute all documents necessary to approve and clarify the attached Proposal (described in the attached 6-29-15 letter and the attached 10-8-15 letter), which provides for the relief described in the consent decree for United States et al v. City of Corpus Christi (2:12-cv-00217) with respect to the priority Hires who have qualified for relief pursuant to said decree. Council Member Rubio made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2015-124 26. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation and other legal matters related to Municipal Court, including Monica Lewis v. City of Corpus Christi, Nora Rodriguez v. City of Corpus Christi, Rene Mendiola, et al v. City of Corpus Christi, et al, Frances Rios v. City of Corpus Christi, et al, and Michael Cantu v. City of Corpus Christi; and Patrick Gonzales v. City of Corpus Christi, et al. This E -Session Item was discussed in executive session. 27. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues, rules, and statutes governing the Corpus Christi Regional Transportation Authority and pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, evaluation, and duties of the City's Corpus Christi Page 14 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 appointees to the Board of Directors of the Corpus Christi Regional Transportation Authority. Actions in open meeting may include the consideration of any actions related to the Corpus Christi Regional Transportation Authority. This E -Session Item was discussed in executive session. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 28) 28. Broker of Record Joint Service Agreement Motion approving a joint service agreement with Borden Insurance of Corpus Christi, Texas and McGriff, Seibels & Williams, Inc. of San Antonio, Texas, for Broker of Record Services for Property Insurance, based on lowest best proposal received, in response to Request for Proposal Event Number 71 in the amount of $27,700. The term of the contract will be for one-year period, with options to extend for up to four (4) additional one-year periods subject to the approval of the Contractor and the City Manager or designee. Mayor Martinez referred to Item 28. City Attorney Miles Risley stated that the purpose of this item is to approve a joint service agreement with Borden Insurance of Corpus Christi, Texas and McGriff, Seibels & Wlliams, Inc. of San Antonio, Texas for Broker of Record Services for Property Insurance, based on lowest best proposal received, in the amount of $27,700. There were no comments from the public. Discussion topics between a council member and staff included the following: performance measures; a savings each year on premiums; the request for proposal process; and contract period limitations. Council Member Magill made a motion directing staff to request that Carlisle Insurance extend the annual fee it proposed for Year 1 of Broker of Record Services ($45,000, to be reduced by the National Flood Insurance Premiums, with an estimated net annual fee of $24,135) to the full 5 -year potential extension period, and, in the event of such fee extension, authorizing staff to execute a service agreement with said entity obligating the City for Year 1, subject to extension for annual periods after the first year at said fee amount only if the overall insurance rates obtained for property insurance are maintained at a level the same as or lower than the current overall property insurance rates. If Carlisle Insurance refuses to extend the annual fee it proposed for Year 1 of Broker of Record Services through the 5 -year extension period, then staff is authorized to execute a service agreement with Borden Insurance and McGriff, Seibels & Williams obligating the City for Year 1, subject to extension for annual periods after the first year at its proposed fee amount of $27,700 only if the overall insurance rates obtained for property insurance are maintained at a level the same as or lower than the current overall property insurance rates. The motion was seconded by Council Member Rubio. This Motion was passed as substitute and approved with the following vote: Corpus Christi Page 15 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2015-125 O. FIRST READING ORDINANCES: (ITEM 29 - 32) 29. First Reading Ordinance - Amending the Civil Service Board Rules and Regulations Ordinance amending the Civil Service Board Rules and Regulations in its entirety as recommended by the Civil Service Board; providing for severance; and providing an effective date. Mayor Martinez referred to Item 29. Director of Human Resources Yasmine Chapman stated that the purpose of this item is to update the Civil Service Board Rules and Regulations in its entirety as recommended by the Civil Service Board. The last revision to the rules and regulations of the Civil Service Board was in July 1999. The amendments are designed to clarify and update language, ensure consistency, and reduce ambiguity. The final revisions were approved by the Civil Service Board in August and are recommended to City Council. There were no comments from the public. In response to a council member, City Attorney Miles Risley stated that the agenda memo will be corrected for the next meeting to reflect the correct first and second reading dates. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 30. First Reading Ordinance - Ordinance authorizing a use privilege agreement with the Tuloso-Midway Independent School District located at 2653 McKinzie Road Ordinance authorizing the City Manager to execute a use privilege agreement with the Tuloso-Midway Independent School District ("Permittee") to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive Public street right-of-way, located west of McKinzie Road public right-of-way, subject to the Permittee's compliance with specified conditions. Corpus Christi Page 16 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 31. Mayor Martinez referred to Item 30. Director of Development Services Dan Grimsbo stated that the purpose of this item is to execute a use privilege agreement with Tuloso-Midway Independent School District to allow the ability to provide restroom services to the Tuloso-Midway Agricultural Complex's restroom facilities located at 2653 McKinzie Road. There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 First Reading Ordinance - Authorizing the Tax Increment Reinvestment Zone #3 Board to expend funds and approve reimbursement agreements Ordinance authorizing the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board to expend funds and approve reimbursement agreements in accordance with the Project and Financing Plan. Mayor Martinez referred to Item 31. Business Liaison Alyssa Barrera stated that the purpose of this item is to authorize the Tax Increment Reinvestment Zone #3 Board to approve expenditure of funds and reimbursement agreements in order to implement the project plan. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 32. First Reading Ordinance - Appropriating funds for Tax Increment Reinvestment Zone (TIRZ) #3 Project Plan Ordinance appropriating $1,597,564 from the unreserved fund balance in Fund 1112 Reinvestment Zone No. 3 Fund (Downtown TIF) to fund approved projects in FY2016 and changing the FY2016 Operating Budget adopted by ordinance 030620 by increasing expenditures by $1,597,564. Mayor Martinez referred to Item 32. Business Liaison Alyssa Barrera stated that the purpose of this item is to appropriate $1,597,564 from the unreserved fund Corpus Christi Page 17 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 balance to implement the Tax Increment Reimbursement Zone #3 Project and Financing Plan. There were no comments from the Council or the public. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEM 33 - 36) Mayor Martinez referred to the Future Agenda Items. Assistant City Manager Susan Thorpe stated that staff had a planned presentation on Item 36. 33. Engineering Construction Contract for Southern Minerals Road from Up River Road to IH37 BOND 2014 Motion authorizing the City Manager, or designee, to execute a construction contract with Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $3,060,904.65 for the Southern Minerals Road from Up River Road to IH 37 for the total Base Bid. (Bond 2014) This Motion was recommended to the consent agenda. 34. Engineering Construction Contract for Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center Motion authorizing the City Manager, or designee, to execute a construction contract with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $1,809,131 for the HEB and Al Kruse Tennis Centers (Rebid) for the Base Bid, Part A only for repairs to the tennis centers. (Bond 2012) This Motion was recommended to the consent agenda. 35. Expand Solid Waste Operations' DriveCam Program to reduce preventable vehicle accidents within the fleet Resolution finding that competitive bids are not required for procurement from Lytx, Inc., and authorizing the City Manager, or designee, to execute agreements with Lytx, Inc., totaling $133,225.26 for the purchase of additional hardware and software to expand the vehicle -mounted camera program for the Solid Waste Operations Department. Corpus Christi Page 18 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 This Resolution was recommended to the consent agenda. 36. Assessment of the Efficiency and Effectiveness of the City of Corpus Christi's Financial Services Department Motion authorizing the City Manager or designee to execute a consultant agreement with Weaver and Tidwell, L.L.P to assess the efficiency and effectiveness of the Financial Services Department for an amount not to exceed $228,500. Funding is available in the Financial Services Department Budget for fiscal year 2015/2016. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 37 - 39) 37. Discussion of Plan CC Comprehensive Plan 2035 Mayor Martinez referred to Item 37, presentation and discussion on Plan CC Comprehensive Plan 2035. Executive Director of Utilities Mark Van Vleck introduced the presentation team: Senior Project Planner Annika Yankee, Director of Development Services Dan Grimsbo, and Assistant Director of Environmental & Strategic Initiatives Dan McGinn. Mr. Van Vleck provided the following information: a review of the adoption schedule; a proposed review process; and the changes for consideration from the Planning Commission's Final Report. Council members spoke regarding the following topics: the inclusion of the language "business organizations" in Element 5 - Diversifying the Economy & Strengthening the Workforce, Item 18; the addition of the language "including affordable housing" to the end of Goal 2, Item 16, Element 4 - Housing & Neighborhoods; support for staffs recommendation to not eliminate the language "zoning regulations on lot size and infrastructure" from Land Use Principles, Item 47, Element 8 - Future Land Use, Zoning & Urban Design; the strategy discussions on land use; whether anything in the comprehensive plan will obligate the City Council to 1 in 20 land use; whether the recommendation on Goal 7, Element 7 - Community Infrastructure, Facilities & Services requires private property to be ADA -compliant; and the future process for re -developing a Planning Department to implement Plan CC 2035. MOTION OF DIRECTION - FAILED Council Member McIntyre made a motion of direction to accept all of the Planning Commission's recommendations, with the exception of Item 47, for which staff's recommendation is supported. The motion was seconded by Council Member Scott. The motion failed with the following vote: Martinez, Scott, McIntyre, and Riojas, voting "Aye"; Vaughn, Garza, Magill, Rosas, and Rubio, voting "No". Council members discussed the following topics: reasons for objecting to the motion of direction; concern with portions of the document related to affordable housing, registration of landlords; the Board of Realtors comments; consolidating the recommendations into a single document; and additional time to vet the plan. There was a consensus of the City Council to continue the Corpus Christi Page 19 Printed on 11/5/2015 City Council Meeting Minutes October 27, 2015 discussion on this item at the November 17, 2015 Council meeting and have staff provide a consolidated red -lined document to the City Council by November 10th. 39. Housing Workshop #4 Mayor Martinez referred to Item 39. Assistant City Manager Susan Thorpe stated that the purpose of this item is to present the housing policies and programs and receive Council direction. Assistant City Manager Thorpe introduced the presentation team: Assistant City Manager Gus Gonzalez and Housing and Community Development Director Eddie Ortega. Mayor Martinez requested that this item be postponed until the November 10th Council meeting. There was a consenus of the City Council to postpone the item until the next meeting. R. LEGISLATIVE UPDATE: S. ADJOURNMENT No. The meeting was adjourned at 4:41 p.m. Corpus Christi Page 20 Printed on 11/5/2015 AGENDA MEMORANDUM Future item for the City Council Meeting of October 27, 2015 Action item for the City Council Meeting of November 10, 2015 DATE: October 7, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Construction Contract Southern Minerals Road from Up River Road to IH 37 BOND 2014 Motion authorizing the City Manager, or designee, to execute a construction contract with Haas - Anderson, Inc. of Corpus Christi, Texas in the amount of $3,060,904.65 for Southern Minerals Road from Up River Road to IH 37 for the total Base Bid. (Bond 2014) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Haas -Anderson, Inc., for the Southern Minerals Road from Up River Road to IH 37 BOND 2014 project. BACKGROUND AND FINDINGS: This project is part of Bond Issue 2014, Proposition No. 1 Street Projects approved by city voters in a general election held November 4, 2014. Brochure Description: "Southern Minerals Road (Up River Road to IH 37 Access Road) $2,400,000.00 — This project includes full -depth repair of the existing 2 lane rural roadway with paved shoulders (one through lane in each direction) and designated turn lane at Up River Road. The proposed improvements include maintaining the current roadway section and reconstructing the road as a two lane rural roadway with wide eight -foot shoulders. Curb and gutter or sidewalk improvements are not anticipated." Project Description: The proposed roadway reconstruction conforms to the project scope by providing full -depth repair of the existing two-lane roadway and widening of the existing shoulders to eight -feet. A 30 -year pavement life- cycle cost analysis indicated concrete pavement was the preferred material for this project due to underground utility clearance and cost. Other proposed work includes replacement of driveways with installation of culvert pipes along the project location and the installation of metal beam guard fencing at Up River Road. The existing asbestos -cement pipe waterline will be replaced with PVC pipe and the existing storm water elements will remain and be enhanced with a new junction box, post inlets, and reinforced concrete pipe laterals. No wastewater improvements will be made and no curb and gutter, sidewalk or ADA improvements are necessary. Additional right of way will be acquired to provide for the relocation of AEP powerlines and a new turn lane at Up River Road. On September 16, 2015, the City received proposals from six (6) bidders and the bidders are as follows: Contractor Base Bid Haas -Anderson Construction, Ltd. Corpus Christi, Texas $3,060,904.65 Berry Contracting L.P. DBA Bay, Ltd. Corpus Christi, Texas $3,200,044.85 Clark Pipeline Services Corpus Christi, Texas $3,349,763.65 Reytec Construction Resources, Inc. Houston, Texas $3,498,791.00 J.E. Construction Service, LLC Corpus Christi, Texas $3,981,270.15 Salinas Construction Tech., LTD Corpus Christi, Texas $4,935,479.01 The City's engineer, LNV, Inc. conducted a bid analysis of the six (6) proposals submitted. LNV determined that Haas -Anderson, Inc. has the experience and resources to complete a project of this size and the bids for this project are within the approved budget. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: When complete, this project will result in a safer and structurally sound roadway to include better drainage and increased street section width. The scheduled completion date is 240 days from the Notice to Proceed. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Operating Revenue X Capital Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $662,900.00 $3,744,597.72 $0.00 $4,407,497.72 Encumbered / Expended Amount $0 $0 $0.00 $0 This item $662,900.00 $3,060,904.65 $0.00 $3,723,804,65 Future Anticipated Expenditures This Project $0.00 $538,506.84 $0.00 $538,506.84 BALANCE $0.00 $145,186.23 $0.00 $145,186.23 Fund(s): CIP ST #10 — Street Bond 2014, Water, Storm Water and Gas CIP. RECOMMENDATION: City staff recommends that the construction contract be awarded to Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $3,060,904.65 for Southern Minerals Road from Up River Road to IH 37 BOND 2014 for the total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Southern Minerals Road from Up River to IH 37 BOND 2014 PROJECT FUNDS AVAILABLE: Street CIP (Bond 2014) $ 2,400,000.00 Utility CIP 2,008,997.72 Storm Water CIP 870,845.75 Water CIP 1,129,649.96 Wastewater CIP 7,002.01 Gas CIP 1,500.00 TOTAL PROJECT FUNDS AVAILABLE $ 4,408,997.72 FUNDS REQUIRED: Construction Fees: Construction (Haas Anderson, Inc.) 3,060,904.65 Street 1,780,129.00 Utilities 1,280,775.65 Storm Water 549,677.75 Water 729,897.90 Gas 1,200.00 Contingency (10%) 306,090.00 Construction Inspection (estimate) 3% 132,224.00 Construction Materials Testing (Rock) 16,179.00 SUB -TOTAL REQUIRED FOR CONSTRUCTION 3,515,397.65 Design Fees: * Engineering (LNV, Inc.) Original and Amendment No. 1 607,875.00 Street 320,583.50 Utilities 287,291.50 Wastewater 70, 795.79 Storm Water 151,145.75 Water 65, 349.96 Engineering (RVE, Inc.) 6,000.00 Engineering (Freese Nichols, Inc.) 9,339.00 Engineering (L. Gurley) 11,511.00 SUB -TOTAL REQUIRED FOR DESIGN 634,725.00 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) (.75%) 33,067.00 Engineering Services (Project Mgt / Constr Mgt) (1.75%) 77,157.00 Misc. (Printing, Advertising, etc.) 2,000.00 SUB -TOTAL REQUIRED FOR REIMBURSEMENTS 112,224.00 TOTAL PROJECT EXPENDITURES 4,262,346.65 ESTIMATED PROJECT BUDGET BALANCE $ 146,651.07 * Original Contract approved by City Council on March 18, 2014 by Ordinance 030126 Southern Minerals Up River Road to IH 37 Bond 2014 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS Corpus Chr"sti Engineering Southern Minerals Road BOND 2014 Council Presentation October 27, 2015 Project Location Corpus Chr'sti Engineering - PROJECT LOCATION 2 Project Layout alk Corpus Chr sti Engineering 3 Project Section Corpus Chr'sti Engineering TRAVEL LANE TRAVEL LANE t EXISTING TYPICAL SECTION SHOULDER TRAVEL LANE TRAVEL LANE SHOULDER PROPOSED TYPICAL SECTION Project Scope Corpus Chr'sti Engineering Project includes: • Full -depth re -construction of a 2- lane roadway, with widened 8 -ft paved shoulders • Concrete pavement and markings • Utilities with new water line, storm water elements and gas valve adjustments • Land acquisition and Right of way dedication • Driveway replacement Project Schedule Corpus Chr sti Engineering 2015 2016 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Design Bid Construction Project Estimate: 240 Calendar Days 8 Months * The project is planned for substantial completion in late summer 2016 before the next school year starts. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 27, 2015 Action Item for the City Council Meeting of November 10, 2015 DATE: TO: October 20, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Execute Construction Contract Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $1,809,131 for the HEB and Al Kruse Tennis Centers (Rebid) for the Base Bid, Part A only for repairs to the tennis centers. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to execute a Construction Contract with Safenet Services, LLC. for Tennis Centers Repairs and Improvements. BACKGROUND AND FINDINGS: This project is part of the Bond 2012 for improvements to two City Tennis Centers. Bond 2012 Brochure Language: Includes repairs, upgrades and improvements to the HEB and Al Kruse Tennis Centers, which were both built in the 1960's. Improvements to the HEB Tennis Center will include repairs to the stadium structure and replacement or restoration of the viewing deck, as well as replacement of the surfaces of twelve of the Center's 24 playing courts. Improvements to the Al Kruse Tennis Center include repairs to the floors and ceiling in the pro shop, replacement of rollers and nets, resurfacing and/or patching on all 10 courts. The project was developed with Base Bids Part A and Part B to allow for the award to one or two contractors. The bid package also included 6 additive alternates to ensure the project remains within budget. Staff is recommending award of only Part A to one contractor with no additive alternates. Base Bid Part A: HEB Tennis Center: The HEB Tennis Center improvements consist of the replacement of the concrete court surfaces for nine existing courts, construction of three new courts with lighting and miscellaneous improvements such as light pole padding and fence improvements. The scope also includes demolition of the existing stadium court and seating areas which are in a condition of disrepair along with the demolition of an existing backboard area. Al Kruse Tennis Center: The Al Kruse Tennis Center improvements consist of new asphalt overlay for three courts and the resurfacing of seven courts. The windscreens will be replaced on all courts and padding will be added to light poles at 3 courts. A backboard will be relocated and various chain link fencing improvements will be made. Part A Additive Alternate: Part A had two Additive Alternates (Additive Alternate No. 1 and No. 6). HEB Tennis Center: Additive Alternate No. 1 — Provides for construction of two new tennis courts. Additive Alternate No. 6 — Provides for removal and upgrades to lighting on 3 courts. Base Bid Part B: HEB Tennis Center: The improvements to the HEB Tennis Center include the demolition and replacement of the viewing platform and canopy. The new viewing platform is fully ADA accessible with the installation of a LULA lift and miscellaneous concrete paving and sidewalk upgrades. The scope also includes repairs to the existing Lounge Building and renovations/alterations to convert the existing obsolete locker room building to a new pro shop. Al Kruse Tennis Center: The improvements to the Al Kruse Tennis Center consist of renovations and ADA accessibility improvements to the existing pro shop accessible restroom to include upgrades to the existing sidewalks and new ramp at the main entrance. Part B Additive Alternates: Part B had 4 Additive Alternates (Additive Alternates No. 2, 3, 4, and 5). HEB Tennis Center: Additive Alternate No. 3 — Provides for a new drip irrigation system. Additive Alternate No. 4 — Provides general site work, electrical, and foundation for a future shade structure. Additive Alternate No. 5 — Provides for the installation of a metal building for maintenance storage (20'x30'). Al Kruse Tennis Center: Additive Alternate No. 2 — Provides for a 2" milling and overlay for existing asphalt parking lot with new stripping, ADA signage and wheel stops. This project was previously bid with no bids being received as a result of the combination of specialized tennis court construction with general construction (Facilities). This re -bid package separated the work to increase competition. Based on the bid format contractors were allowed to place bids on Part A, Part B, or the Total Base Bid (both Parts A and B). On April 8, 2015 the City received proposals from two (2) bidders and the bids are as follows: Contractor Part A Part B Total Base Bid Marshall Company Corpus Christi, Texas No bid No bid $3,557,000.00 Safenet Services, LLC. Corpus Christi, Texas $1,809,131.00 $1,154,981.00 $2,964,112.00 Only Part A is recommended with the current budget constraints. Future projects will be developed for specific building improvements within the remaining funds. Additionally, City Parks and Recreation Staff will pursue potential joint funding opportunities with the Corpus Christi Tennis Association for specific work items not awarded with the in this bid. ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid, Part A Only with Safenet Services, LLC. as proposed. (Recommended). 2. Do not execute the Construction Contract for the Base Bid, Part A Only with Safenet Services, LLC. as proposed. (Not Recommended). OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements. To expedite construction and economize on costs, work involving building improvements will be completed through the Job Order Contract (JOC) construction method. A small JOC contract was issued to Haeber Roofing to re -roof the pro -shop, lounge and tennis building at the HEB Tennis Center. Other JOC contracts will be issued for further club house improvements at HEB and Al Kruse tennis centers to the extent funding allows. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2015-2016 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,000,000 $3,000,000.00 Encumbered/Expended Amount 239,200 239,200.00 This item 1,809,131.00 1,809,131.00 Future Anticipated Expenditures This Project 365,413.10 365,413.10 BALANCE 2,760,800 2,174,544.10 $586,255.90 Fund(s): Park CIP Funds Comments: The Construction Contract will result in the expenditure of an amount not to exceed $1,809,131 and the project is estimated to be complete in seven months from the issuance of the Notice to Proceed. RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid, Part A Only with Safenet Services, LLC. of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE HEB and Al Kruse Tennis Centers (Project No. E12118) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 $3,000,000.00 FUNDS REQUIRED: Construction Construction (Safenet Services, LLC.) 1,809,131.00 Contingency (10%) 180,913.10 Construction Inspection (2%) 60,000.00 Design Fees: Architect (CLK Architects & Associates, Inc.. ) 226,700.00 Geotechnical Study and Testing (Rock Engineering) 7,500.00 Reimbursements: Contract Administration (Eng Admin/Finance/Capital Budget) (1.75%) 52,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (2.5%) 75,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL 2,413,744.10 ESTIMATED PROJECT BUDGET BALANCE $586,255.90 IH37&SH35 Al Kruse Tennis Center WitiN 414'y Corpus Christi Bay HEB Tennis Facility LOCATION MAP NOT TO SCALE PROJECT LOCATION PROJECT: E1 I.111 i Tennis Centers Repairs and Upgrades HEB Tennis Facility and Al Kruse Tennis Facility CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 ‘t• Corpus Chr sti Capital Programs Tennis Centers Repairs and Upgrades Council Presentation October 27, 2015 Project Location Map 411111S4 Corpus Chr sti Capital Programs Al Kruse Tennis Center Corpus Christi Bay PROJECT LCCATYCN PROJECT: E12. Project includes two City Tennis Centers • HEB Tennis Facility • Al Kruse Tennis Center ❖ This a "Re -bid" as the first bid received no bids. Project Location Map HEB Tennis Center c*,4 Corpus Chr sti Capital Programs 3 Project Location Map HEB Tennis Center ‘.4) Corpus Chr sti Capital Programs Project includes: • Resurfacing 9 existing concrete courts • Constructing 3 new courts with lighting • Demolition of existing stadium court and seating and backboard areas • Misc. improvements such as padding for light poles and fence improvements Project Location Map Al Kruse Center Corpus Chr!sti Capital Programs 5 Project Location Map Al Kruse Center Corpus Chr sti Capital Programs Project includes: • New surfacing at 10 courts with 3 with asphalt and 7 with play surface resurfacing • New windscreens for all courts • Misc. improvements to include backboard relocation, padding for light poles, and fence improvements Project Schedule Corpus Chr sti Capital Programs 2015 2016 Q1 Q2 Q3 Re -Bid / Award Q4 Q1 Q2 Construction Project Construction Estimate: 210 Calendar Days 7 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of October 27, 2015 Action Item for the City Council Meeting of November 10, 2015 DATE: November 10, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager MariaPe@cctexas.com 361-826-3176 Lawrence Mikolajczyk, Director, Solid Waste Operations LawM@cctexas.com 361-826-1972 Expand Solid Waste Operations' DriveCam Program by adding 51 units, and providing coverage to 100% of the Solid Waste fleet. CAPTION: Resolution finding that competitive bids are not required for procurement from Lytx, Inc., and authorizing the City Manager, or designee, to execute agreements with Lytx, Inc., totaling $133,225.26 for the purchase of additional hardware and software to expand the vehicle -mounted camera program for the Solid Waste Operations Department. PURPOSE: DriveCam cameras record driver behavior that is proactively utilized to reduce the number of preventable vehicle accidents. The cameras mounted to the trucks capture simultaneous images of the driver and the view in front of the vehicle to document recordable events, and provide extremely important data in documenting preventable vehicle accidents and unsafe driving behavior. This purchase expands on the original 40 DriveCam units purchased in FY 2014, to extend coverage to all 91 Solid Waste Operations vehicles. BACKGROUND AND FINDINGS: Solid Waste Operations began utilizing DriveCam in FY 2014 with the installation of 40 units, which covers 44% of the Solid Waste fleet. To test the effectiveness of the system, and provide department - wide coverage, the initial 40 cameras were installed in Transfer Station, Landfill, Refuse and Recycling Collection, and Brush Collection vehicles. For the initial 40 units, Solid Waste Operations pays annual subscription fees of $15,915.20. The Risk Management division supported the DriveCam initiative by funding $22,618 of the total $49,551.60 of the initial hardware and subscription costs in FY 2014. For FY 2016, Risk Management has committed another $22,000, of the total $52,057.74 required to expand the program to the entire Solid Waste Operations fleet. The hardware cost for 51 units is $31,765.86, with annual subscription fees of $20,291.88. The annual recurring subscription cost for the total 91 units will be $36,207.08 in FY 2017 and beyond. The results of the DriveCam program more than compensate for the cost. As reported by the Risk Management division, Solid Waste experienced 12 preventable vehicle accidents in FY 2015, which is down from 15 preventable accidents in FY 2014, and 17 preventable accidents in FY 2013. It's believed that the installation of DriveCam technology on 100% of the Solid Waste fleet can only help to sustain this downward trend. ALTERNATIVES: No better systems are known to monitor driving behavior and proactively help reduce preventable accidents. The cost of the system is justified by the avoidance of one accident. OTHER CONSIDERATIONS: The Legal Department's Risk Management Division establishes goals as part of their annual business plan to reduce preventable vehicle accidents and employee injuries. Solid Waste Operations is a field that is inherently dangerous due to the nature of the work, and ranks high among professions in employee related injuries and fatalities. CONFORMITY TO CITY POLICY: The City of Corpus Christi goes to great lengths to help insure safety for all employees, agents, contractors, and the general public. The purpose of the Risk Management Division is to protect the assets of the City from potential loss by purchasing property insurance, self-insuring, transferring the risk of loss to others, promoting safety programs, and effectively managing all claims filed against the City. The Risk Management Division governs the procedures for City Wide Safety, Operation of Vehicles, and the establishment of the Vehicle Accident Review Board. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: City Attorney - Risk Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $30,057.74 $81,167.52 $111,225.26 Encumbered / Expended Amount $22,000.00 $0 $22,000.00 This item $52,057.74 $81,167.52 * $133,225.26 BALANCE 0 0 0 Fund(s): General Fund, Liabilities/Employee Benefits/Workers Compensation Fund, and the Liabilities and Employee Benefits Fund Comments: * Future Years expense shows the total of four years of subscription fees for 51 DriveCam units, at $20,291.88 per year. RECOMMENDATION: Staff recommends approving the purchase. LIST OF SUPPORTING DOCUMENTS: Resolution, DriveCam Quotes, Presentation Resolution finding that competitive bids are not required for procurement from Lytx, Inc., and authorizing the City Manager, or designee, to execute agreements with Lytx, Inc., totaling $133,225.26 for the purchase of additional hardware and software to expand the vehicle -mounted camera program for the Solid Waste Operations Department. WHEREAS, the City currently has a program in place that utilizes vehicle - mounted cameras on Solid Waste Operations Department ("Solid Waste") vehicles in an effort to reduce the number of preventable accidents and improve safe operation by employees and the safety of the public; WHEREAS, the current program will be expanded by adding cameras to equip more Solid Waste vehicles than are presently equipped; WHEREAS, additional hardware and related software subscriptions must be purchased in order to expand the program; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, there is a statutory exception for this procurement in Local Govern- ment Code, Section 252.022(a)(2), as this purchase relates to items necessary to preserve or protect the public health or safety of the municipality's residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute agreements with Lytx, Inc., totaling $133,225.26 for the purchase of additional hardware and software subscriptions to expand the vehicle -mounted camera program for Solid Waste vehicles. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn Page 2 of 2 Lytx DriveCam_ Lytx, Inc. 9785 Towne Centre Drive San Diego, CA 92121 Tel: 858.430.4000 Fax: 858.380.3133 Bill! To City of Corpus Christi 2525 Hygeia St Corpus Christi TX 78415 Prepared for / Bill To City of Corpus Christi Paul Bass (361) 826-1968 paulb@cctexas.com DriveCam® Program Price Quote Purchase Option - GSA Quote Number: DC00007079 Created Date: 10/12/2015 Valid Until: 11/30/2015 Prepared By: Rush Akin Sales Rep: Rush Akin Phone. +18153825168 Email: rakin@lytx.com Purchase O Number of Video Event Recorders (VERs): 51 Number of Subscriptions: 0 Year 1 Costs Hardware Subscriptions Implementation Services Training Total Year 1 Costs tion Proposal Summary Subscription Term (Months): 60 Subscription Cost (Annual): $0.00 Ship To City of Corpus Christi 2525 Hygeia 5t Corpus Christi TX 78415 $27,795.00 $0.00 $3,970.86 $0.00 $31,765.86 Terms: • Client agrees to purchase the subscriptions for the subscription term set forth above • State taxes. shipping and handling may apply. • Subscription pricing is based on overnight upload of events. Customers that use vehicle battery kill switches or other devices that prevent overnight upload of events will be required to utilize Real -Time Cellular Upload which is subject to additional fees • Any Lytx installation services provided hereunder shall be subject to a mutually agreed installation schedule Client shall be responsible for ensuring availability of vehicles and VERs and access to installation site on agreed installation date. No refunds shall apply for Lytx's failure to complete an installation due to vehicle or VER unavailability or lack of access to installation site on agreed installation date. Additional fees may apply for return site visits due to such factors. • Any eLeaming provided hereunder will be available to Client for the duration of the Subscription Term individual eLeaming user accounts will be activated upon Client request and remain active for six months from the date of activation. No refunds shall apply for unused eLeaming services. Notwithstanding the foregoing all eLeaming access shall terminale upon termination of all Managed Services hereunder • All sales as a result of this quotation are subject to the terms and conditions of Lytx's GSA 1770 schedule, #GS -35F-06235 which are incorporated herein by reference and all orders am subject to acceptance by Lytx. By signing below, Client agrees to purchase the Products and Services described in this Quote in accordance with the Terms Printed Name Title Lytx Confidential Signature PO# (Optional) Date PO $ Amount (Optional) DriveCam® Program Price Quote 1 Purchase Option - GSA Page 1 of 2 DriveCam_ Lytx, Inc. 9785 Towne Centre Drive San Diego, CA 92121 Tel: 858.430.4000 Fax: 858.380.3133 Prepared for / Bill To City of Corpus Christi Paul Bass (361) 826-1968 paulb@cctexas.com Quote Number: DC00007079 Created Date: 10/12/2015 Valid Until: 11/30/2015 Prepared By: Rush Akin Sales Rep: Rush Akin Phone: +1 8153825168 Email: rakin@lytx.com Hardware (One -Time Cost) Part No Description Qty Price Amount VER-DC3P- 0020 DriveCam 3 Plus Video Event Recorder - Cellular CDMA 51 $545.00 $27,795.00 TOTAL $27,795.00 Installation Services and Accessories (One -Time Cost) Part No Description Qty Price Amount SRV -INS -0011 DriveCam Installation Per Unit - Complex Install (Waste/Transit) 51 $0.00 $0.00 PER -CAT -0020 Cable Assembly, 20 ft Extension, RJ45 to DC3/DC3P 51 $30.00 $1,530.00 SRV -INS -0008 Provisioning Fee 51 $47.86 $2,440.86 TOTAL $3,970.86 mplementation Assumptions: VER Quantity: 51 Installation Model: Tier 2 - Complex Install Additional Information: Public Works Expansion - GSA. Hardware requires Managed Services subscriptions, quoted separately. Free Installation Promotion - Use promo code: PROMO-2015-02-FREEINSTALLEXISTING-GOV -RA Notice: To the extent not exempt, this contractor and its subcontractors shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against alt individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance In employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. Lytx Confidential DriveCam® Program Price Quote 1 Purchase Option - GSA Page 2 of 2 lytx DriveCam. Lytx, Inc. 9785 Towne Centre Drive San Diego, CA 92121 Tel: 858.430.4000 Fax: 858.380.3133 Bili To City of Corpus Christi 2525 Hygeia 5t Corpus Christi TX 78415 Prepared for / Bin To City of Corpus Christi Paul Bass (361) 826-1968 paulb@cctexas.com DriveCam® Program Price Quote Purchase Option - GSA Quote Number: DC00017112 Created Date: 10/12/2015 Valid Until: 11/30/2015 Prepared By: Rush Akin Sales Rep: Rush Akin Phone: +18153825168 Email: rakin@lytx.com Ship To City of Corpus Christi 2525 Hygeia St Corpus Christi TX 78415 Purchase Option Proposal Summary Number of Video Event Recorders (VERs): 0 Number of Subscriptions: 51 Subscription Term (Months): 60 Subscription Cost (Annual): $397.88 Year 1 Costs Hardware Subscriptions Implementation Services Training Total Year 1 Costs $0.00 $20,291.88 $0.00 $0.00 $20,291.88 Terms: • Client agrees to purchase the subscriptions for the subscription term set forth above. • State taxes, shipping and handling may apply • Subscription pricing is based on ovemight upload of events. Customers that use vehicle battery kill switches or other devices that prevent ovemight upload of events will be required to utilize Reab Time Cellular Upload which is subject to additional fees • Any Lytx installation services provided hereunder shall be subject to a mutually agreed installation schedule. Client shall be responsible for ensuring availability of vehicles and VERs and access to installation site on agreed installation date. No refunds shall apply for Lytx's failure to complete en installation due to vehicle or VER unavailability or lack of access to installation site on agreed installation date. Additional fees may apply for return site visits due to such factors • Any eLeaming provided hereunder will be available to Client for the duration of the Subscription Term. Individual eLeaming user accounts will be activated upon Client request and remain active for six months from the date of activation. No refunds shall apply for unused eLeaming services. Notwithstanding the foregoing, all eLeaming access shall terminate upon termination of all Managed Services hereunder • All sales as a result of this quotation am subject to the terms and conditions of Lytx's GSA 1770 schedule, #GS -35F -0623S, which are incorporated herein by reference and all orders are subject to acceptance by Lytx By signing below, Client agrees to purchase the Products and Services described in this Quote in accordance with the Terms: Printed Name Title Lytx Confidential Signature PO# (Optional) Date PO $ Amount (Optional) DriveCam R0 Program Price Quote 1 Purchase Option - GSA Page 1 of 2 Lytx DriveCam Lytx, Inc. 9785 Towne Centre Drive San Diego, CA 92121 Tel: 858.430.4000 Fax- 858.380.3133 Implementation Assumptions; VER Quantity: 0 Prepared for / Bill To City of Corpus Christi Paul Bass (361) 826-1968 paulb@cctexas.cam Installation Model: Self -Install Quote Number: DC00017112 Created Date: 10/12/2015 Valid Until: 11/30/2015 Prepared By; Rush Akin Sales Rep: Rush Akin Phone. +18153825168 Email: rakin@lytx.com Subscription Fee (per Invoice period for Commitment Term) 1 Part No Description 4230-00FTS-A Fleet Tracking Service Invoiced Annually Qty Price Amount 51 $107.88 $5,501.88 GSA-Tierl-MS-A Tier 1 - Managed Service, including I]riveCam Online license - Includes standard duty, including 2 axel/4 wheel vehicles and four wheels operated on no more than one 8 -hour shift per day (example - Passenger and service vehicles) — Invoiced Annually 51 $290.00 $14,790.00 TOTAL $20,291.88 Additional Information: Quote for Budget - quote for 51 units subscription costs only, 51 new subs. -RA Notice: To the extent not exempt, this contractor and its subcontractors shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. Lytx Confidential DrrveCam® Program Price Quote 1 Purchase Option - GSA Page 2 of 2 DriveCam Program Solid Waste Operations October 27, 2015 DriveCam Program Actual FY 2013 DriveCam Expense (40 units) $0 DriveCam Expense (51 units) DriveCam Expense (91 units) $0.00 Actual FY 2014 Actual FY 2015 Proposed FY 2016 Proposed FY 2017 Proposed FY 2018 $49,551.60 (a) $15,915.20 (b) $15,915.20 (b) $15,915.20 (b) $15,915.20 (b) 52,057.74 (c) 20,291.88 (d) 20,291.88 (d) $49,551.60 $15,915.20 $67,972.94 $36,207.08 $36,207.08 Total Accidents 31 Preventable Accidents 17 Auto Liability Claims $74,303 27 15 $66,327 Notes: (a) Hardware and subscription costs on original 40 units. (b) Subscription costs for original 40 units. (c) Hardware and subscription costs for additional 51 units. (d) Subscription costs for 51 additional units. 25 12 $12,804 7 7 Lytex, Inc. is the sole source supplier for DriveCam recorders and the proposed managed subscription services. 7 7 DriveCam Program Accident documented by DriveCam August 25, 2015 DriveCam Program Questions? AGENDA MEMORANDUM Future item for the City Council Meeting of October 27, 2015 Action item for the City Council Meeting of November 10, 2015 DATE: October 14, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager, Financial Services Department mariape@cctexas.com Saundra Thaxton, Assistant Director of Strategic Management Saundra@cctexas.com Assessment of the Efficiency and Effectiveness of the City of Corpus Christi's Financial Services Department CAPTION: Motion authorizing the City Manager or designee to execute a consultant agreement with Weaver and Tidwell, L.L.P to assess the efficiency and effectiveness of the Financial Services Department for an amount not to exceed $228,500. Funding is available in the Financial Services Department Budget for fiscal year 2015/2016. PURPOSE: The overall objective of the study is to assess how well the Financial Services Department is performing core services and identify ways to improve efficiency and effectiveness. The study will include all operational areas of the Financial Services Department: Utility Billing Office, Purchasing, Warehouse, Accounts Payable, Accounts Receivable/Collections, Accounting, Payroll, Grants, Cash Management and Central Cashiering. This study is a component of the City's overall continuous improvement program designed to periodically review and improve City operations; it will result in a specific action plan to improve the Financial Services Department. BACKGROUND AND FINDINGS: Six consulting firms responded to the City's request for proposal issued on July 18, 2015. Three firms were short-listed for presentations to the City. After all considerations, the selection team deems Weaver and Tidwell, L.L.P as the most responsive and most qualified. They are the largest Texas CPA firm, nationally ranked #49 in CPA firm revenues, and are well established in Texas with full service offices in Houston, San Antonio, Austin, Dallas, Fort Worth, Midland and Odessa. We initially recommended a different firm for this work, but upon learning additional information, we withdrew our recommendation. The work is being led by Weaver and Tidwell's Advisory Services Group which has performed work of a comparable nature for the cities of Houston, Georgetown, Denton, McKinney and Dallas. This is not a traditional financial or compliance review nor is it limited to existing policies, procedures or internal controls. The consultant is required to answer specific questions (see attachment for specific questions) built around the following focus areas: organization and support of the Financial Services Department; staffing levels, policies/procedures/process flowcharting; financial performance reporting; and CAFR preparation. Questions include targeted areas of specific concern for each functional area. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to all City policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Management & Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $228,500 $228,500 Encumbered / Expended Amount This item $228,500 $228,500 BALANCE 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Service Agreement Presentation Scope of Work Scope Questions Modified Scope SERVICE AGREEMENT FOR EVALUATION OF THE FINANCE DEPARTMENT Re: Request for Proposal Event No. 62 THIS Assessment of the Efficiency and Effectiveness of the Finance Department Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), by and through its duly authorized City Manager or his designee ("City Manager"), and Weaver and Tidwell, L.L.P., a Texas limited liability partnership, effective for all purposes upon execution by the City Manager. WHEREAS, the Contractor has proposed to provide an assessment of the efficiency and effectiveness of the Financial Services Department in response to the City's Request for Proposals ("RFP Event No. 62"); WHEREAS, the City has determined Contractor to be the best valued respondent; NOW, THEREFORE, City and Contractor enter into this Agreement and mutuaIIy agree as foIIows: 1. Services. Contractor will provide an assessment of the efficiency and effectiveness of the City's Financial Services Department ("Services") in accordance with RFP Event No. 62 ("Exhibit A"), the Contractor's response to RFP Event No. 62 ("Exhibit B"), and the modified scope document ("Exhibit C"), which exhibits are incorporated by reference into this Agreement as if fully set out here in their entirety. 2. Term. This Agreement takes effect upon execution of the City Manager and continues until the Services are completed by the Contractor, such date presently unknown but estimated to be approximately six months after commencement. 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. AlI of the Contractor's notices and communications regarding this Agreement must be directed to the contract administrator, who is the Assistant Director of Strategic Management or her designee ("Contract Administrator"). 4. Independent Contractor. Contractor will perform the Services 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, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator and the City's Risk Manager. Additionally, the Contract Administrator and Risk Manager must be given at least 30 days' advance 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 reasonable written request. 6. Assignment. No assignment by the Contractor of this Agreement nor of any right or interest contained in this Agreement is effective unless the City gives its written consent in advance of such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and 1 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 (the City's fiscal year ends each September 30th) is subject to sufficient appropriations and budget approval providing for covering such contract item as an expenditure in the 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 annual budget. S. Waiver. No waiver of any breach of any term or condition of this Agreement, its exhibits, and amendments, if any, waives any subsequent breach of the same by either party. 9. Compliance with Laws. This Agreement is subject to alI applicable federal, State, and Iocal laws. All duties of the parties wiII be performed in the city of Corpus Christi, Nueces County, Texas. The applicable Iaw for any Legal disputes arising out of this Agreement is the law of the State of Texas, and the forum and venue for any such disputes is in the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor shall be 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 in writing and upon execution by authorized representatives of both parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement, including its exhibits A, B, and C, and any properly executed amendment. Failure to keep all insurance policies in force for the entire term of this Agreement is also 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 stated, the City Manager may terminate this Agreement immediately thereafter. Alternately, the City Manager may terminate this Agreement without cause upon 20 days' advance written noticc to the Contractor. However, the City may terminate this Agreement upon three days' advance written notice to the Contractor for Contractor's failure to pay or provide proof of payment of required taxes as set out in this Agreement. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and alI other related taxes in accordance with IRS Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon hip request, the City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 14. Precedence of Documents. In the event of a conflict or discrepancy among the documents incorporated by reference and constituting this Agreement, interpretations will be based on the following order of precedence: this executed Agreement excluding its exhibits and amendments; Exhibit A; Exhibit B as modified by Exhibit C; Exhibit C and any properly executed amendments to the Agreement. 15. Notice. Any notices or communications required or permitted under this Agreement must be given by hand delivery, fax, or certified mail, with postage prepaid and return receipt requested, and is deemed 2 received on the day hand -delivered or faxed and on the third day after deposit in the U.S. mail if sent certified mail. Notices and communications must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Assistant Director of Strategic Management 1201 Leopard Street Corpus Christi, Texas 78401 Fax: (361) 826-3174 IF TO CONTRACTOR: Weaver and Tidwell, L.L.P. Attn: AIyssa G. Martin 24 Greenway Plaza, Suite 1800 Houston, Texas 77046 Fax: (972) 702-8321 16. Severability. Each provision of this Agreement is deemed severable and if, for any reason, any such provision or any part thereof is determined to be invalid as provided by any existing or future applicable law, such invalidity shall not impair the operation of or affect those provisions or portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 17. 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 WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS, INJURY, OR DAMAGE, AND 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 AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR 3 UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. EXECUTED this ? AA-- y of ( , 20 15 Weaver and Tidwell, L.L.P. Zi)°-eg Signatur cAlthr . ssck 6. ratan h J C PA- PrintedjName and T tle /o1ao/i5 Date CITY OF CORPUS CHRISTI Maria Pedraza Procurement Manager Date Attached and Incorporated by Reference: Exhibit A: RFP Event No. 62 Exhibit B: Contractor's Response to RFP Event No.62 Exhibit C: Modification of Scope and Costs 4 Service Agreement for the Assessment of the Efficiency and Effectiveness of the Financia! Services Department - Request for Proposal Event No. 62 EXHIBIT C MODIFIED SCOPE AND COST Both parties agree to the following modifications to the Scope of Work specified In Section 3 of the Scope of Work: • Modify question lc in the section addressing "Organization and Support of Financial Services" which asks "Is the Utility Billing Office (UBO) properly structured within the organization and the right structure within UBO? Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department).' Strike the last sentence asking "Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department). • Modify questions 2d and 2e in the section addressing "Staffing Levels" to be limited to assessing pay, classification and qualifications for only those key positions as designed by the City, not to exceed eight individual positions. Except for the two modifications above, Weaver and Tidwell, L.L.P. (aka Weaver) is expected to provide answers to all questions specified in the Scope of Work portion of the Request for Proposal. Both parties agree to the following modifications to the Project Approach specified by Weaver in their August 17, 2015 "Proposal for Assessment of the Efficiency and Effectiveness of the Financial Services Department": • Weaver is not expected to perform the "Knowledge Skills Assessment (KSA) as specified in their approach to assessing staffing levels; • Weaver is not expected to review all Departmental job descriptions and compare them against individual employee qualifications; • With regard to policies and procedures, Weaver will review City policies for reasonableness and completeness; Exhibit C Page 2 of 3 • With regard to developing recommendations to improve the internal control structure of the divisions in Financial Services, or to answer the specific questions for each division as outlined in Question 6 of the "Scope of Work", Weaver will provide, at a minimum, high-level recommendations to improve the internal control structure. However, in- depth root -cause and cost -benefit analysis will be condensed as budget allows. If additional work is needed beyond the estimated hours to more fully evaluate control gaps identified, or to perform root cause or cost -benefit analysis, the additional hours required for this work must be requested and explicitly approved by the City. Both parties agree that the "Updated Cost Proposal" included in this Exhibit C replaces the initial cost proposal provided by Weaver in their proposal submitted August 17, 2017. Exhibit C Page 3 of 3 Updated Lost Pi oposal The updated cost proposal below reflects the scope revisions proposed by the City. The scope, os revised, limits the Staffing Level evaluation to key positions. as defined by the City, eliminates the analysis of the placement' of the Utiity Billing Office in the evaluation of the Organization and Support of FIN Services. and only allows for a review of City policies for reasonableness and completeness. Additionally the analysis of the Divisions wilI be limited 10 the Identification of controls and control gaps. We will provide, at a minimum, high-level recommendations to Improve the internal control structure of the Divisions. However. an in-depth root -cause and cosi-benefit analysis vAl be condensed as budget allows. Further evaluation of control gaps or performance of root -cause and cost -benefit analysis will require additional hours, of which muss be requested and approved by the City. Estimated fees for our services are provided below: ESTIMATED ESTIMATED HOURS PRICE Organisation and Support of FIN Services 100 $15.000 Staffing levels 100 $15.000 FIN Policies, Procedures, Process Flow and Charting 60 $9.000 FIN Performance Reporting 80 $12.000 CAFR Preparation 110 $16,500 Division: U hIAy Billing Office 100 $15.000 Purchasing 100 $15,000 Warehouse Accounts Payable 100 $I5,000 100 $15.000 Accounts Receivable 80 $12.000 Accounting 80 $12.000 .. Payroll 100 $15000 Grants 100 $15,000 Cash Management 80 $12,000 Central Cashiering 100 $15,000 Subtotal 1,590 $208,500 Total Travel (not to exceed) $20,000 1,390 $228,500 Assessment of the Efficiency & Effectiveness of the City of Corpus Christi's Financial Services Department Council Presentation October 27, 2015 Overall Goals of Annual Competitive Assessments • Provide City services competitive in quality and price • Adopt best practices • Instill culture of continuous improvement Prior Assessments Using Industry Experts Fiscal Year 2010-11: MIS Competitive; $700 k in cost saving recommendations Fiscal Year 2010-11: FLEET SERVICES Competitive; "rightsizing" downsized fleet by 8% Fiscal Year 2011-12: SOLID WASTE SERVICES No further privatization warranted; recommendations resulting in cost savings from $1.2 M to $2.9 M Fiscal Year 2013-14: FIRE DEPARTMENT 33 recommendations to improve organization and service delivery Process Overview of Annual Competitive Assessments • Annually select department or service • Develop scope & issue RFP • Select consultant • Conduct assessment - Identify gaps in best practices & analyze - Benchmark against other organizations - Develop recommendations for improvement - Issue formal report • Department develops & implements action plan to close competitive gap and implement best practices Scope & Objectives of Financial Services Assessment • How well is the Department performing core services in all operational areas? Utility Billing, Purchasing, Warehouse, Accounts Payable, Accounts Receivable/ Collections, Accounting, Payroll, Grants, Cash Management & Central Cashiering • Focus areas include organization & support of the Department, staffing levels, policies, procedures and process flows, financial performance reporting, and CAFR preparation Scope & Objectives of Financial Services Assessment • Review objectives include obtaining answers to specific questions covering each of the functional areas - Benchmarking and comparisons to other cities is included - The review will result in an improvement action plan • These competitive assessments are not traditional financial or compliance reviews nor are they limited to evaluating existing policies, procedures or internal controls Weaver & Tidwell, L.L.P. Recommended Consultant ✓ Weaver's similar experience includes work for Houston, Dallas, Georgetown, Denton, McKinney and the Houston -Galveston Area Council ✓ Weaver has a strong Texas presence with full-service offices in 7 Texas cities (including San Antonio) ✓ Weaver is the largest independent CPA firm in the Southwest; it is ranked #38 nationally and was named "Best of the Best" in 2014 & 2015 by industry publications http://www.weaver.com/ Schedule -\/ 7/18/2015 -\/ 8/17/2015 -\/ 8/27/2015 11/10/2015 Nov - Mar Apr 2016 May 2016 RFP issued Proposals due to City Finalists interviewed Contract award by City Council Consultant field work Consultant provides staff a draft report Final report & City Council briefing Financial Services Competitive Assessment QUESTIONS? Section 3 Scope of Work 3.1 General Information The City is interested in obtaining an overall assessment of Financial Services department. The purpose of the review is to: Evaluate the efficiency and effectiveness of the City of Corpus Christi's Financial Services and identify areas for improvement with associated recommendations and action plans. Overall objectives include assessing how well the department is currently performing core services and identifying ways Financial Services can improve efficiency and effectiveness and performance relative to other cities. This includes results of comparisons against other municipal Finance departments and against industry standards. Aspects of the assessment include reviewing organization, staffing levels, financial policies and procedures, financial performance reporting, CAFR preparation, and divisional operations. Examples of specific questions to be addressed are included in Section 3.2 below. If any "weaknesses" or "areas of improvement" are identified, the consultant will be expected to provide specific recommendations needed to close the gaps identified, including recommended action steps and implementation timelines. 3.2 Statement of Work The Consultant will assess the City's Financial Services Department taken as a whole and each of the specific divisional units and identify areas for improvement. Specific questions shall include, but not be limited to, the following topical areas and divisions: 1) Organization and Support of Financial Services 2) Staffing Levels 3) Financial Policies, Procedures, Process Flow, and Charting 4) Financial Performance Reporting 5) CAFR Preparation 6) Divisions: a) Utility Billing Office b) Purchasing c) Warehouse d) Accounts Payable e) Accounts Receivable & Collections f) Accounting g) Payroll h) Grants i) Cash Management j) Central Cashiering 11 1) ORGANIZATION AND SUPPORT OF FINANCIAL SERVICES: a) Is the overall organization of Financial Services logically structured and how does it compare to other Texas cities? b) Are supervisor -to -staff ratios and the span of control reasonable? c) Is the Utility Billing Office (UBO) properly structured within the organization and the right structure within UBO? Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department?) d) Would Financial Services be better served if "Functional or Technical Analysts" resided within the department rather than within MIS (IT)? e) Is the current level of technical IT support provided by the MIS Department adequate and if not, how should Finance be appropriately supported? f) Is there a better way to do this work? 2) STAFFING LEVELS: a) Does the Department use a systematic approach to determine staffing level needs for each of the major functional areas (UBO, Purchasing, Payroll, Treasury, Central Cashiering, Accounting), and if so, is the approach used reasonable? If not, describe approach and results. b) What is the minimum number of staff by position and division needed to do a good job in Financial Services? c) Are the staffing levels reasonable for each of the major functional areas? d) Is the pay and classification correct for staff and if not, what should it be? e) Are our people qualified? 3) FINANCIAL SERVICES POLICIES AND PROCEDURES, PROCESS FLOW AND CHARTING: a) Are the City's overall Financial Policies reasonable and sufficient? b) Does the Department have adequate systems in place to monitor compliance with financial policies? c) Does the Department have adequately documented procedures, process flow and charting for all major functional areas? If not, what is recommended to rapidly create procedures and flow charting? d) Are there adequate procedures to address all major policies? e) Is the City's annually adopted debt, budgetary financial policy, and investment policy reasonable and does it adequately address risk? 4) FINANCIAL PERFORMANCE REPORTING: a) Does Financial Services periodically provide City management adequate analyses of financial trends and emerging issues? If so, are the reports of a quality comparable to other Texas cities (e.g. San Antonio, Fort Worth, Arlington, Austin, Dallas, El Paso, and Houston)? If not, define the types of reports that should be provided. b) How does the financial performance of the City of Corpus Christi compare relative to other Texas cities? c) Has the City established criteria for what constitutes good financial performance? I2 5) CAFR PREPARATION: a) Has the level of effort devoted annually to prepare the CAFR been reasonable, and is it comparable to other municipalities? b) How does the preparation of the CAFR compare to other Texas cities? Does the external auditor prepare the book or is it done internally by staff? i) If done by staff, how long does it take to complete the CAFR (from start to finish)? Is CAFR software used? ii) If done by the external auditor, how much is the fee to do so? c) Has the level of effort increased significantly with INFOR and, if so, what are the contributing causes? d) Would it be cost justified to acquire CAFR software? 6) DIVISIONS: For each of the divisions, provide answers to the following questions: a) Are there reasonable controls, checks and balances, and review procedures? b) How does performance compare relative to other major Texas cities? c) Is the level of effort devoted to routinely process the following reasonable and are there opportunities to refine or further automate?: an invoice, bill, accounting transactions, fixed assets, payroll, monthly quarterly grant reporting, daily cash management transactions, or central cashiering payments. d) Do our work processes and procedures align with our technology? If not, how can it be fixed? e) Can we outsource parts of the Finance Department? Which parts and would it be cost effective to do so? a) UTILIY BILLING OFFICE (UBO): i) Do UBO customer service representatives have easy access to accurate customer account records sufficient to provide quality and timely service? ii) Are utility receivables adequately managed? This would include determining whether collection and receivable criteria are established and routinely monitored. iii) Are monthly reports of water revenues by rate class of sufficient quality and detail to support cost of service analysis? iv) Is the current level of functionality provided in the new UBO system reasonable? v) Are the current reports going to be provided as part of the new system? vi) Is there adequate inter- and intra -departmental input and training provided as part of the new system? vii) Do any major deficiencies or issues exist as part of the new system rollout which we are not aware? b) PURCHASING: i) Are there significant opportunities to increase the efficiency of the procurement process? If so, how? ii) Are purchasing procedures adequately documented and communicated to City departments? iii) Is the City taking reasonable advantage of opportunities to purchase commonly used goods and services off of supply agreements or IDIQ's? iv) Is the training provided to departments adequate to support departmental compliance with new procedures given that the City moved from a decentralized to centralized purchasing process? I3 c) WAREHOUSE: i) Is the Purchasing Division's Warehouse structured appropriately and is the location appropriate? How does it compare to other Texas cities? ii) Are there significant opportunities to increase the efficiency of the City's warehouse? iii) Is the City taking reasonable advantage of opportunities to purchase commonly used goods and services off of supply agreements or IDIQ's? iv) Are procedures for utilizing the City's warehouse adequately documented and communicated to City departments? v) Is the training provided to departments adequate for utilization of the City's warehouse? vi) Are we being efficient? If not, are there better ways to do this work? d) ACCOUNTS PAYABLE: i) Is the time and effort to routinely process accounts payable reasonable? ii) Is additional departmental training needed? e) ACCOUNTS RECEIVABLE / COLLECTIONS: i) Is the time and effort to routinely process monthly billing reasonable? ii) Is additional departmental training needed? iii) Are the City's collection rates for utilities and miscellaneous receivables comparable to other Texas cities? iv) Are all accounts receivables centralized in other Texas cities or are they decentralized like in Corpus Christi? f) ACCOUNTING: i) Is the number and type of journal entries reasonable? ii) Is the monthly/quarterly "close-out" time reasonable so that departments may obtain adequate financial statements? iii) Is our "close-out" time reasonable compared to other Texas cities? g) PAYROLL: i) Is the frequency of payroll errors or adjustments reasonable? ii) Does there appear to be duplication of effort between the centralized payroll processing in Finance and payroll activities within the other City departments? iii) Are systems in place to identify "ghost employees"? h) GRANTS: i) Are the number and type of journal entries reasonable? ii) Is our "close-out" time and preparation of the Schedule of Federal and State Expenditures of Awards reasonable compared to other Texas cities? i) CASH MANAGEMENT: i) Is the level of effort devoted to investing City funds reasonable, and are there significant opportunities for automation or improvement? 14 3.4 City of Corpus Christi Financial Services - Background ii) Is the level of effort devoted to printing checks, doing wires, and doing ACH transactions reasonable, and are there significant opportunities for automation or improvement? iii) Are the number and type of cash interfaces and daily reconciliations reasonable? j) CENTRAL CASHIERING: i) How does the collection of payments in person, on-line, by telephone, through the lock -box (mail -in payments), and at substations compare to other Texas cities? 33 Deliverables The consultant will be required to deliver a final report that answers all the questions specified in Section 3.2 and requirements specified in Section 4 of this RFP. The final report shall be provided both in electronic and printed form, with 20 printed copies of the final report. The report must include recommended actions and include return on investment analysis needed to address deficiencies identified, and where benchmarks indicate improvements are needed. An action plan shall include suggested tasks and timeline. The consultant will be required to present to the City Council the final report, and comprehensively support the findings on a date to be selected by the City. All working papers to support the report shall be the property of the City's. Financial Services is made up of five main divisions: administration, accounting, treasury, collections, and procurement and has 95 full-time equivalent (FTE) positions budgeted. The Administration Division is responsible for the overall management and operations of the department. One assistant director is responsible for the Accounting, Treasury Divisions, and Collections Divisions, while the other is responsible for the Procurement Division. The Accounting Division is responsible for the daily operations of general accounting and grants, reconcilement of the City's bank accounts, paying of City invoices city-wide, and administration of payroll. Accounting is responsible for the Comprehensive Annual Financial Report (CAFR), supplemental disclosure, cost allocation plan, daily general ledger and grant activities, and account reconciliations. Grant accountants report to the Controller. The INFOR financial module was implemented last year. The Treasury Division includes cash management and central cashiering. Cash management handles the City's cash and investment portfolio. This division will be implementing a new cash receipting system on October 1, 2015. The Collections Division includes accounts receivable and the Utility Business Office and is responsible for the monthly billing and collecting of the City's miscellaneous receivable and utility accounts. This division will also be implementing a new billing system on October 1, 2015, which will interface with the INFOR financial module implemented one year earlier. The Procurement Division includes the purchasing function, operations of warehouse, messenger service and postage services. 15 ASSESSMENT OF THE EFFICIENCY AND EFFECTIVENESS OF THE FINANCIAL SERVICES DEPARTMENT - SCOPE OF WORK EXCERPT Specific questions for which consultant is expected to provide answers 1) ORGANIZATION AND SUPPORT OF FINANCIAL SERVICES: a) Is the overall organization of Financial Services logically structured and how does it compare to other Texas cities? b) Are supervisor -to -staff ratios and the span of control reasonable? c) Is the Utility Billing Office (UBO) properly structured within the organization and the right structure within UBO? Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department?) d) Would Financial Services be better served if "Functional or Technical Analysts" resided within the department rather than within MIS (IT)? e) Is the current level of technical IT support provided by the MIS Department adequate and if not, how should Finance be appropriately supported? f) Is there a better way to do this work? 2) STAFFING LEVELS: a) Does the Department use a systematic approach to determine staffing level needs for each of the major functional areas (UBO, Purchasing, Payroll, Treasury, Central Cashiering, Accounting), and if so, is the approach used reasonable? If not, describe approach and results. b) What is the minimum number of staff by position and division needed to do a good job in Financial Services? c) Are the staffing levels reasonable for each of the major functional areas? d) Is the pay and classification correct for staff and if not, what should it be? e) Are our people qualified? 3) FINANCIAL SERVICES POLICIES AND PROCEDURES, PROCESS FLOW AND CHARTING: a) Are the City's overall Financial Policies reasonable and sufficient? b) Does the Department have adequate systems in place to monitor compliance with financial policies? c) Does the Department have adequately documented procedures, process flow and charting for all major functional areas? If not, what is recommended to rapidly create procedures and flow charting? d) Are there adequate procedures to address all major policies? e) Is the City's annually adopted debt, budgetary financial policy, and investment policy reasonable and does it adequately address risk? 4) FINANCIAL PERFORMANCE REPORTING: a) Does Financial Services periodically provide City management adequate analyses of financial trends and emerging issues? If so, are the reports of a quality comparable to other Texas cities (e.g. San Antonio, Fort Worth, Arlington, Austin, Dallas, El Paso, and Houston)? If not, define the types of reports that should be provided. b) How does the financial performance of the City of Corpus Christi compare relative to other Texas cities? c) Has the City established criteria for what constitutes good financial performance? 5) CAFR PREPARATION: a) Has the level of effort devoted annually to prepare the CAFR been reasonable, and is it comparable to other municipalities? b) How does the preparation of the CAFR compare to other Texas cities? Does the external auditor prepare the book or is it done internally by staff? i) If done by staff, how long does it take to complete the CAFR (from start to finish)? Is CAFR software used? ii) If done by the external auditor, how much is the fee to do so? c) Has the level of effort increased significantly with INFOR and, if so, what are the contributing causes? d) Would it be cost justified to acquire CAFR software? 6) DIVISIONS: For each of the divisions, provide answers to the following questions: a) Are there reasonable controls, checks and balances, and review procedures? b) How does performance compare relative to other major Texas cities? c) Is the level of effort devoted to routinely process the following reasonable, and are there opportunities to refine or further automate the following: an invoice, bill, accounting transactions, fixed assets, payroll, monthly/quarterly grant reporting, daily cash management transactions, or central cashiering payments. d) Do our work processes and procedures align with our technology? If not, how can it be fixed? e) Can we outsource parts of the Finance Department? Which parts and would it be cost effective to do so? a) UTILIY BILLING OFFICE (UBO): i) Do UBO customer service representatives have easy access to accurate customer account records sufficient to provide quality and timely service? ii) Are utility receivables adequately managed? This would include determining whether collection and receivable criteria are established and routinely monitored. iii) Are monthly reports of water revenues by rate class of sufficient quality and detail to support cost of service analysis? iv) Is the current level of functionality provided in the new UBO system reasonable? v) Are the current reports going to be provided as part of the new system? vi) Is there adequate inter- and intra -departmental input and training provided as part of the new system? vii) Do any major deficiencies or issues exist as part of the new system rollout which we are not aware? b) PURCHASING: i) Are there significant opportunities to increase the efficiency of the procurement process? If so, how? ii) Are purchasing procedures adequately documented and communicated to City departments? iii) Is the City taking reasonable advantage of opportunities to purchase commonly used goods and services off of supply agreements or IDIQ's? iv) Is the training provided to departments adequate to support departmental compliance with new procedures given that the City moved from a decentralized to centralized purchasing process? c) WAREHOUSE: i) Is the Purchasing Division's Warehouse structured appropriately and is the location appropriate? How does it compare to other Texas cities? ii) Are there significant opportunities to increase the efficiency of the City's warehouse? iii) Is the City taking reasonable advantage of opportunities to purchase commonly used goods and services off of supply agreements or IDIQ's? iv) Are procedures for utilizing the City's warehouse adequately documented and communicated to City departments? v) Is the training provided to departments adequate for utilization of the City's warehouse? vi) Are we being efficient? If not, are there better ways to do this work? d) ACCOUNTS PAYABLE: i) Is the time and effort to routinely process accounts payable reasonable? ii) Is additional departmental training needed? e) ACCOUNTS RECEIVABLE / COLLECTIONS: i) Is the time and effort to routinely process monthly billing reasonable? ii) Is additional departmental training needed? iii) Are the City's collection rates for utilities and miscellaneous receivables comparable to other Texas cities? iv) Are all accounts receivables centralized in other Texas cities or are they decentralized like in Corpus Christi? f) ACCOUNTING: i) Is the number and type of journal entries reasonable? ii) Is the monthly/quarterly "close-out" time reasonable so that departments may obtain adequate financial statements? iii) Is our "close-out" time reasonable compared to other Texas cities? g) PAYROLL: i) Is the frequency of payroll errors or adjustments reasonable? ii) Does there appear to be duplication of effort between the centralized payroll processing in Finance and payroll activities within the other City departments? iii) Are systems in place to identify "ghost employees"? h) GRANTS: i) Are the number and type of journal entries reasonable? ii) Is our "close-out" time and preparation of the Schedule of Federal and State Expenditures of Awards reasonable compared to other Texas cities? i) CASH MANAGEMENT: i) Is the level of effort devoted to investing City funds reasonable, and are there significant opportunities for automation or improvement? ii) Is the level of effort devoted to printing checks, doing wires, and doing ACH transactions reasonable, and are there significant opportunities for automation or improvement? iii) Are the number and type of cash interfaces and daily reconciliations reasonable? j) CENTRAL CASHIERING: i) How does the collection of payments in person, on-line, by telephone, through the lock -box (mail -in payments), and at substations compare to other Texas cities? Service Agreement for the Assessment of the Efficiency and Effectiveness of the Financial Services Department - Request for Proposal Event No. 62 EXHIBIT C MODIFIED SCOPE AND COST Both parties agree to the following modifications to the Scope of Work specified in Section 3 of the Scope of Work: • Modify question lc in the section addressing "Organization and Support of Financial Services" which asks "Is the Utility Billing Office (UBO) properly structured within the organization and the right structure within UBO? Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department)." Strike the last sentence asking "Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department). • Modify questions 2d and 2e in the section addressing "Staffing Levels" to be limited to assessing pay, classification and qualifications for only those key positions as designed by the City, not to exceed eight individual positions. Except for the two modifications above, Weaver and Tidwell, L.L.P. (aka Weaver) is expected to provide answers to all questions specified in the Scope of Work portion of the Request for Proposal. Both parties agree to the following modifications to the Project Approach specified by Weaver in their August 17, 2015 "Proposal for Assessment of the Efficiency and Effectiveness of the Financial Services Department": • Weaver is not expected to perform the "Knowledge Skills Assessment (KSA) as specified in their approach to assessing staffing levels; • Weaver is not expected to review all Departmental job descriptions and compare them against individual employee qualifications; • With regard to policies and procedures, Weaver will review City policies for reasonableness and completeness; Exhibit C Page 2 of 3 • With regard to developing recommendations to improve the internal control structure of the divisions in Financial Services, or to answer the specific questions for each division as outlined in Question 6 of the "Scope of Work", Weaver will provide, at a minimum, high-level recommendations to improve the internal control structure. However, in- depth root -cause and cost -benefit analysis will be condensed as budget allows. If additional work is needed beyond the estimated hours to more fully evaluate control gaps identified, or to perform root cause or cost -benefit analysis, the additional hours required for this work must be requested and explicitly approved by the City. Both parties agree that the "Updated Cost Proposal" included in this Exhibit C replaces the initial cost proposal provided by Weaver in their proposal submitted August 17, 2017. Exhibit C Page 3 of 3 Updated Cost Proposal The updated cost proposal below reflects the scope revisions proposed by the City. The scope, as revised, limits the Staffing Level evaluation to key positions, as defined by the City, eliminates the analysis of the placement of the Utility Billing Office in the evaluation of the Organization and Support of FIN Services, and only allows for a review of City policies for reasonableness and completeness. Additionally, the analysis of the Divisions will be limited to the identification of controls and control gaps. We will provide, at a minimum, high-level recommendations to improve the internal control structure of the Divisions. However, an in-depth root -cause and cod -benefit analysis will be condensed, as budget allows. Further evaluation of control gaps or performance of root -cause and cost -benefit analysis will require additional hours, of which must be requested and approved by the City. Estimated fees for our services are provided below: Organisation and Support of FIN Services ESTIMATED ESTIMATED HOURS PRICE IDD $15,000 Staffing Levels 1'00 $15,000 FIN Policies, Procedures, Process Flow and Charting 60 $9,1300 FIN Performance Reporting 80 $12,000 CAFR Preparation 110 $16,500 Divisions Utility Bitting Office 100 $15,000 Purchasing 100 $15,000 Warehouse 1 DO $15,000 Accounts Payable I DO $15,000 Accounts Receivable 80 $12,000 Accounting 80 $12,000 Payroll 160 $15,000 Grants 1 DO $15,000 Cash Management 80 $12,000 Central Cashiering 100 $15,000 Subtotal 1,390 $208,500 Travel (not to exceed) $20,000 Total 1,390 $228,500 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 27, 2015 Second Reading Ordinance for the City Council Meeting of November 10, 2015 DATE: TO: October 1, 2015 Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources yasmineccctexas.com 361-826-3315 An ordinance amending the Civil Service Board Rules and Regulations CAPTION: Ordinance amending the Civil Service Board Rules and Regulations in its entirety as recommended by the Civil Service Board; providing for severance; and providing an effective date PURPOSE: Update the Civil Service Board Rules and Regulations to comply with current employment practices and standards, and to amend and clarify provisions. BACKGROUND AND FINDINGS: The last revision to the Civil Service Board Rules and Regulations was effective July 1999; more than sixteen years ago. Review started a few years ago and has been reviewed by Human Resources and the Legal Department. Revisions were recommended to comply with current employment practices and standards; to amend and clarify certain provisions related to subpoena power; to update language; and, reduce ambiguity. Proposed changes were reviewed by the Civil Service Board on August 20, 2015. Subsequent revisions were made at the Board's direction. Final revisions were approved by the Civil Service Board on August 24 and revisions are recommended for adoption by City Council. ALTERNATIVES: No alternative; rules and regulations must be periodically reviewed and kept up to date. OTHER CONSIDERATIONS: "Not applicable" CONFORMITY TO CITY POLICY: This is consistent with the City's Human Resources Mission to support City departments in meeting their workforce requirements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Human Resources FINANCIAL IMPACT: No Financial Impact Operating Revenue Capital X Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Human Resources recommends the ordinance be passed. LIST OF SUPPORTING DOCUMENTS: Ordinance — Amending the Civil Service Board Rules & Regulations HR — Civil Service Rules — as approved by the Board 8.20.15 — Redlined Revision 8.15 — Civil Board Rules revision august2015 highlights Ordinance Amending the Civil Service Board Rules and Regulations in its entirety as recommended by the Civil Service Board; providing for severance; and providing an effective date WHEREAS, the Civil Service Board, subject to the approval of the council, adopts, amends and enforces the code of rules and regulations providing for appointment, employment or suspension in all positions in the classified service. WHEREAS, the Civil Service Board in their August 20th, 2015 meeting recommended the revision of the Civil Service Board Rules and Regulations; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the existing Civil Service Board Rules and Regulations are hereby amended in its entirety to read as recommended by the Civil Service Board in their August 20th, 2015 meeting, a copy of which rules and regulations is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance takes effect after passage. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Rules & Regulations of the Civil Service Board Human Resources Department 2015 gh cry of — —Corpus w� Christi Exhibit A ARTICLE I Table of Contents SECTION 1 SECTION 2 SECTION 3 SECTION 4 ARTICLE II . NOTIFICATION OF POSITION . ADVERTISING OF POSITIONS . PREFERENCES . QUALIFICATIONS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 . EXAMINATION GENERALLY . CONTENT OF EXAMINATIONS . DIRECTION OF EXAMINATIONS . SPECIFICATION OF JOB REQUIREMENTS . REVIEW ARTICLE III SECTION 1. REFERRAL OF QUALIFIED APPLICANTS SECTION 2. AUTOMATIC DECLINE OF SELECTION SECTION 3. PROBATIONARY PERIOD SECTION 4. CLASSIFIED EMPLOYEE ARTICLE IV SECTION 1. GENERALLY SECTION 2. DISCIPLINARY SUSPENSIONS, INVOLUNTARY DEMOTIONS, AND TERMINATIONS 10 SECTION 3. APPEAL 11 SECTION 4. CONDUCT OF HEARINGS 14 SECTION 5. CAUSES FOR DISCIPLINE 18 ARTICLE V 22 SECTION 1. TEMPORARY EMPLOYEES 22 SECTION 2. PART-TIME EMPLOYEES 22 ARTICLE VI 23 SECTION 1. PROMOTION 23 SECTION 2. VOLUNTARY REASSIGNMENT 23 SECTION 3. TRANSFERS 23 SECTION 4. LEAVES OF ABSENCE 23 SECTION 5. REDUCTION IN FORCE 24 SECTION 6. RESIGNATION 24 SECTION 7. GRIEVANCES 24 ARTICLE VII 25 SECTION 1. Performance Appraisal Policy 25 ARTICLE VIII 26 SECTION 1. DUTIES 26 SECTION 2. REPORTS REQUIRED FROM APPOINTING AUTHORITIES TO DIRECTOR OF HUMAN RESOURCES 26 ARTICLE IX 28 SECTION 1. DISCRIMINATION 28 SECTION 2. RECORDS 28 SECTION 3. CHANGE OF RULES 28 SECTION 4. MEETING 28 SECTION 5. CLASSIFICATION AND COMPENSATION 28 SECTION 6. PUBLIC INFORMATION 28 3 3 3 3 3 5 5 5 6 6 6 8 8 8 8 9 10 10 Civil Service Board Rules and Regulations 2015 Page 3 ARTICLE I NOTIFICATION AND ADVERTISING OF POSITIONS, APPLICATIONS AND JOB QUALIFICATIONS SECTION 1. NOTIFICATION OF POSITION The appointing authority who desires the City to hire an employee shall direct a request for filling any position to the office of the Director of Human Resources who shall certify the title, class, duties and compensation for such position. SECTION 2. ADVERTISING OF POSITIONS Advertising for applicants shall be conducted in conformance with the law and as directed by the City Manager. SECTION 3. PREFERENCES A. Among equally qualified applicants, preference shall be given to City employees utilizing the following order: a. City employees currently unemployed as a result of City reduction in force. b. City employees with greater seniority, and superior performance. B. Veterans of the armed forces of the United States as defined by law who present an honorable discharge shall be granted such preference as required by law. SECTION 4. QUALIFICATIONS A. Generally, in order to be considered a qualified applicant, the individual must: a. timely file application; b. meet the minimum qualifications as set forth in the job; c. not be otherwise barred by the rules and regulations of this Board, as set forth herein. B. RESIDENCE. Any person applying for City employment or employed by the City shall meet all residency requirements established by Ordinance by the City Civil Service Board Rules and Regulations 2015 Page 4 Council. Exceptions to such requirements may be granted by the City Manager, as provided by Ordinance. C. PHYSICAL FITNESS OF APPLICANTS. Upon a bona fide job offer, each applicant for a City position must be examined by a Physician designated by the City, and must be certified to be physically and mentally capable of safely and fully performing all of the essential functions of the job being offered; if the applicant is covered by the Americans with Disabilities Act, he/she must be physically and mentally capable of safely and fully performing the essential functions of the job offered with a reasonable accommodation if such reasonable accommodation is required. D. DISQUALIFICATION. An Applicant may be disqualified who: (1) is found to lack any of the established requirements for the position for which he/she applies; (2) is determined by the physician designated by the City to be unable to safely and fully perform the essential functions of the position for which he/she applies, and if covered by the Americans with Disabilities Act, is determined to be unable to safely and fully perform the essential functions of the position with a reasonable accommodation and without posing a direct threat to the health or safety of other individuals; (3) is found to have been guilty of any crime reasonably likely to have an adverse job related impact; (4) has been dismissed from employment with the City for inefficiency, misconduct, or violation of the rules and regulations of the Civil Service Board; (5) has made a false statement of any fact or has practiced or attempted to practice any deception or fraud in his/her application, examination, in establishing his/her eligibility for appointment, promotion or transfer, or inaccurately and incompletely provided responses to post -offer medical history information requests; (6) has documented past conduct which indicates an unreasonable risk that the applicant will be an unsatisfactory employee; or (7) any combination of the above. Disqualifications shall be certified by the Director of Human Resources or the Director's designee. Any of the foregoing disqualifications may be cause for striking the individual's name from an eligibility register and for voiding that person's appointment during or after the probationary period. E. There shall be no right to a hearing on the qualification of an applicant. Civil Service Board Rules and Regulations 2015 Page 5 ARTICLE II EXAMINATION SECTION 1. EXAMINATION GENERALLY Examinations shall be designed to fairly test the applicant's ability to safely and fully perform the essential functions of the position for which application has been made, or to perform them with reasonable accommodation if required by the Americans with Disabilities Act. Such examinations shall test both general knowledge and job knowledge and qualifications specific to the position for which application is made. Applicants requesting reasonable accommodation to take an examination shall receive such reasonable accommodation as the City is able to provide if it does not cause undue hardship as provided for in the Americans with Disabilities Act. No question on any exam shall relate to political or religious convictions or affiliations of the applicant, or to any other issue which could be the basis for unlawful discrimination. SECTION 2. CONTENT OF EXAMINATIONS Examination for entrance into the service and promotion within the service shall consist of one or more of the following parts as considered appropriate for the various classifications of positions: A. WRITTEN TEST. This part, when required by a Department Director and approved by the Director of Human Resources, shall be designed to show the familiarity of the applicants with the knowledge needed to perform the essential functions of the position to which they seek appointment. B. ORAL INTERVIEW. This part, when required by City Procedures and approved by the Director of Human Resources, shall be to determine an applicant's ability to deal with others, meet the public, or personal qualifications required to perform the essential functions of the position for which he/she applied. An oral examination may also be used, either where a written test is unnecessary or impracticable, or as a reasonable accommodation. C. PERFORMANCE TEST. This part, when required by the Department Director and approved by the Director of Human Resources, shall include such tests of performance as will determine the ability and skill of applicants to perform the essential functions involved in the position to which they seek employment. D. PHYSICAL AND HEALTH TESTS. After an offer of employment has been made, and as a condition of employment, each applicant shall be examined by physician(s) designated by the City to determine: (1) the applicant's ability to safely and fully perform the essential functions of the job for which he/she has applied; or (2) if covered by the Americans with Disabilities Act, to perform the essential functions of the job with reasonable accommodation without posing a Civil Service Board Rules and Regulations 2015 Page 6 direct threat to the health and safety of other individuals. . Results of such examination shall be reported to the Department of Human Resources on its approved form. As part of the medical examination, an applicant may be required to see a specialist and participate in functional capacities tests as deemed necessary by the Director of Human Resources. If the applicant is accepted for employment, related medical information shall be kept in a confidential file separate from the employee's employment record. E. ADAPTABILITY AND APTITUDE TESTS. This part, when required, shall include tests to determine general adaptability or to ascertain special traits and aptitudes. F. TRAINING AND EXPERIENCE. This part shall consist of questions on education and experience in the application form and of such supplementary data as may be needed for certification and proof of statements made in the application, or it may consist of questions on training and experience asked at the time the written tests are given. SECTION 3. DIRECTION OF EXAMINATIONS Preparation, conduct and evaluation of all written examinations shall be under the general authority and direction of the Director of Human Resources, or designee. Such preparations would include and allow for the purchasing of tests from a third party qualified to construct job knowledge or aptitude tests. Examinations shall be free from the presence, participation or influence of any person other than the authorized examiner or proctor. SECTION 4. SPECIFICATION OF JOB REQUIREMENTS Department Directors shall furnish a specific and comprehensive written job description questionnaire on the physical and mental requirements of each classified position in their department which identifies the essential functions of that specific position. It shall be the responsibility of the Human Resources Department to finalize and approve job descriptions for all Classified positions within the City from job description questionnaires prior to the position being advertised. SECTION 5. REVIEW The Civil Service Board, or Civil Service Board designee, may hear and inquire into any material violation of the provisions of this Article which is brought to its attention through the Director of Human Resources within 10 days of the examination. Where a violation is proven to the satisfaction of the Civil Service Board or Civil Service Board designee, the Civil Service Board or Civil Service Board designee may: 1. order a re-examination of applicants for any position; or, Civil Service Board Rules and Regulations 2015 Page 7 2. correct, amend or revoke any schedule or register or other document relating to such examination. Any such action and the reasons therefore shall be recorded in the minutes of the Board. Civil Service Board Rules and Regulations 2015 Page 8 ARTICLE III SELECTION SECTION 1. REFERRAL OF QUALIFIED APPLICANTS After proper evaluation and due consideration of other appropriate factors including, but not limited to, equal employment opportunity policies and qualified personnel within the City, the Director of Human Resources, or designee, shall refer qualified applicants for classified positions to the hiring authority for consideration. Selections and hiring shall be made pursuant to standard instruction issued by the City Manager. The Director of Human Resources, or designee, shall determine that the hiring authority has given due consideration to such factors as job related qualifications, employment history, applicable equal employment opportunity policies, preferences, and reasonable accommodations. The Director of Human Resources, or designee, shall certify all selections in order that the selected applicant may be placed on the payroll. SECTION 2. AUTOMATIC DECLINE OF SELECTION When a selected applicant fails to notify the hiring authority of acceptance of the selection, whether by mail or otherwise, within four business days after the offer is made, they may be deemed to have declined the offer, and their name may be stricken from the ranking of applicants. SECTION 3. PROBATIONARY PERIOD The probationary period applies to both newly hired and rehired employees. The probationary period shall be six calendar months of full-time service for full-time employees, except that full-time positions that require on-the-job training including but not limited to Crime Scene Investigator, Firearms Examiner, Latent Print Examiner, 911 Dispatcher, MultiMedia Specialist and Aviation Public Safety Officer Trainee job classifications shall have a probationary period of 12 calendar months. For the purposes of this provision only, absences charged against accrued sick leave will not extend the probationary period. All other absences will extend the probationary period by the period of time equivalent to the time taken. In any instance where an employee's probationary period is unsatisfactory, the Department Director and the employee may agree, prior to the expiration date of the probationary period, and with the written approval of the Director of Human Resources to an extension for an additional period of up to six months. Except that Crime Scene Investigator, Firearms Examiner, Latent Print Examiner, 911 Dispatcher, MultiMedia Specialist and Aviation Public Safety Officer Trainee or any other positions classified as a 12 month probation may be extended up to 12 months to allow for completion of all training modules. Civil Service Board Rules and Regulations 2015 Page 9 SECTION 4. CLASSIFIED EMPLOYEE The Classified Service includes all positions not exempted in Section 39-304 of the City's Code of Ordinances. The following positions are exempt from the Classified Service and, therefore, are not covered by Rules and Regulations of the Civil Service Board: A. All positions within the following pay plans: Pay Plan 200 (Exempt), Pay Plan 300 (Executives), . B. All positions in the Mayor's Office City Secretary's Office, and City Auditor's Office. C. Any position that functions as the principal secretary or assistant to the City Manager, Deputy City Manager, Assistant City Manager, Executive Director, Municipal Court Judge, Department Director, Assistant Department Director, City Secretary, City Attorney, Assistant City Attorney. D. Temporary employees; and E. All members of the Police and Fire Collective Bargaining Unit. Any employee serving in a Classified Service position is covered by the Rules and Regulations of the Civil Service Board. Civil Service Board Rules and Regulations 2015 Page 10 ARTICLE IV DISCIPLINARY SUSPENSION, INVOLUNTARY DEMOTIONS, TERMINATIONS AND APPEALS THEREFROM SECTION 1. GENERALLY In matters involving a disciplinary suspension, involuntary demotion or termination against a classified employee, who has completed the probationary period described above in Article III, Section 3. , the following steps shall be taken: I. The employee shall be informed in writing that the disciplinary suspension, involuntary demotion or termination is being contemplated, and the reasons therefore; and 11. The employee shall be given an opportunity to respond to the charges set forth in Subsection 1, of this section, to the disciplinary authority, at a rebuttal meeting or in writing; and III. Notice of suspension, involuntary demotion or termination shall be delivered to the employee or the employee's designated representative. If personal delivery is unsuccessful, the notice of suspension, involuntary demotion or termination shall be mailed by certified mail, return receipt requested, to the employee's last known address as noted in the employee's file in the Human Resources Department or if provided, to the employee's designated representative's address. Any employee interviewed in reference to a City investigation shall answer all questions related to the matter under investigation completely and truthfully. Employees that are called by the City for an interview have the right to the presence of a union official, attorney, or representative of the employee's choosing at the employee's expense. The accused employee's representative may be present during the fact-finding meeting with the accused employee. The representative may be present during the entire fact- finding meeting as an observer only and will not be permitted to interrupt nor engage in disruptive behavior. A representative from the City Legal Department will also be allowed to be present during interviews of employees. No representative or employee may be present during fact-finding interviews with other employees, unless required by law. The accused employee will be allowed one representative of his or her choosing during the rebuttal meeting or fact finding interview. SECTION 2. DISCIPLINARY SUSPENSIONS, INVOLUNTARY DEMOTIONS, AND TERMINATIONS Disciplinary suspensions without pay, involuntary demotions and termination may be Civil Service Board Rules and Regulations 2015 Page 11 imposed, for cause, by Department Directors with the approval of the City Manager or designee. Notice of such suspension, involuntary demotion or termination, setting out the action taken, the effective date of such action, and the reason therefor, shall be promptly given in writing to the Board and to the employee. The employee may appeal such action as set out in Section 3, below. SECTION 3. APPEAL A. Request for appeal. Appeal of disciplinary suspension, involuntary demotion or termination must be given in writing by the employee or the employee's designated representative to the Director of Human Resources within ten (10) business days after such written notice of disciplinary suspension, involuntary demotion or termination is given to the employee. Failure to request in writing an appeal within ten (10) business days of receiving notice of disciplinary suspension, involuntary demotion or termination is a waiver of the appeal. Upon waiver of appeal, disciplinary suspension, involuntary demotion or termination is final without any further rights to appeal. B. Discovery 1. Subpoena, discovery. The Civil Service Board may issue Subpoena and order discovery in any investigation or hearing under these rules. The Civil Service Board makes a non-exclusive delegation of such authority to the Director of Human Resources to issue Subpoena on its behalf, subject to the terms and limitations of these Rules. Subpoena for the production of witnesses or documents at an Appeal hearing shall be issued on a form as specified by the Director of Human Resources. The Director of Human Resources shall retain a copy of each Subpoena issued and make such copy a part of the records of the Civil Service Board. 2. Requests for Subpoena or production of documents. An Employee, Department Director or legal representative thereof may request Subpoena for appearance of witnesses and production of documents at an Appeal hearing. Subpoena may be requested with the appeal notice or within 10 business days before the hearing date. A request for Subpoena or production of documents shall be made on a form as specified by the Director of Human Resources. The Director of Human Resources shall mark all such requests received to indicate the date the request was received, and shall make all such requests a part of the records of the Civil Service Board. Once Subpoena requests have been submitted to the Director of Human Resources, a party may pick up a copy of the other party's Subpoena list. 3. Texas Public Information Act. The Texas Public Information Act (codified at Texas Gov't Code Chapter 552) requires a governmental entity to request an open letter ruling from the Texas Attorney General prior to withholding information that is excepted from required disclosure. Civil Service Board Rules and Regulations 2015 Page 12 The City, Department or designated representatives shall not release any information that is excepted from required disclosure under the Texas Public Information Act. The Civil Service Board may not order the release of any information that is excepted from required disclosure under the Texas Public Information Act. C. SUBMISSION OF DOCKET CONTROL 1. Employee's Submission. The Employee's submission shall include information listing the reasons for Appeal, list of names of witnesses the Employee intends to call at the hearing, list of written statements the Employee intends to offer under these Rules, and any documents the Employee intends to provide as evidence at the hearing. The submission shall be made using a form as specified by the Director of Human Resources. The submission must be made within 5 business days of an appeal. Such submission may be amended at any time up to 10 business days prior to the appeal hearing. 2. Department's Submission. The Department's submission shall include information about the issues for Appeal, list of names of witnesses the Department intends to call at the hearing, list of written statements the Department intends to offer under these Rules, and any documents the Department intends to provide as evidence at the hearing. The submission shall be made using a form as specified by the Director of Human Resources. The submission must be made within 5 business days of employee's submission of docket control. Such submission may be amended at any time up to 10 business day prior to the appeal hearing. 3. Access to Hearing Information Submissions. Once hearing information has been submitted to the Director of Human Resources, the Director of Human Resources will notify the parties that the submissions are available to be picked up. At the hearing, the Director of Human Resources shall provide the Civil Service Board with any Hearing Information submissions received from either party. 4. Rebuttal Submissions. A Rebuttal Submission may be submitted in writing to the Director of Human Resources no later than 5:00 p.m., five (5) Business Days prior to the hearing. A Rebuttal Submission shall be available to the other party as soon as it has been submitted. If either party does not provide an initial submission, that party is not permitted to submit a Rebuttal Submission unless that Submission is to provide documents received after the initial submission deadline. 5. Objection to Witnesses and Documents. A party may object at a hearing to the presentation of any witness or document by the other party that was not submitted to the Director of Human Resources in compliance Civil Service Board Rules and Regulations 2015 Page 13 with this Rule. Upon such objection, the Civil Service Board shall exclude any witness or document by the other party that was not submitted to the Director of Human Resources in compliance with this Rule. D. PREHEARING. Either party may request a prehearing before the Civil Service Board to rule on the relevance and admissibility of evidence or testimony provided in the docket control. A prehearing shall precede and replace any scheduled hearing. The scheduled hearing on the merits will be rescheduled for a new hearing date no later than 30 days from the prehearing. Where no hearing date existed, a hearing date will be scheduled within 30 days of the prehearing. E. HEARING. If the Director of Human Resources determines an appeal has been timely filed, the Director of Human Resources shall schedule a hearing within thirty (30) calendar days thereafter. The disciplinary action will not be voided by a failure to commence the hearing by a particular date unless otherwise determined at the discretion of the Civil Service Board. Hearings shall require the presence of 3 Civil Service Board Members. Hearings may be recessed and continued from time to time. F. NOTICE OF SETTING. Notice of setting shall be posted publicly as required by state law and given to the employee or the employee's designated representative, the City Manager, the Board, and the appropriate disciplinary authority. G. DECISION. The Board's decision will determine the truth of each charge and the remedy decided upon. Decisions shall be based upon majority vote of the Board members present at the hearing. Once the Board orders the hearing closed, the Board shall deliberate and subsequently announce a decision on the appeal. H. FINALITY. In all appeals of disciplinary actions, the decision of the Board shall be final unless appealed to the City Council within thirty (30) calendar days from when the Board renders its decision, if expressly permitted by the City Charter or ordinance. I. REINSTATEMENT. In all decisions requiring reinstatement, the Board shall be authorized to determine the effective date for such reinstatement, and the amount of back pay, if any. J. MITIGATION. It is the duty of the employee to mitigate damages, if any, and failure to do so will be considered in determining what back pay, if any, is due. In appeals, where a decision of reinstatement with back pay is made, evidence on the issue of mitigation shall be heard separately after the reinstatement decision. K. REMEDIES. The Board may uphold, modify or nullify the action imposed by the disciplinary authority. In decisions to modify the discipline imposed, the Board may elect to: Civil Service Board Rules and Regulations 2015 Page 14 1 reduce a termination to a suspension, involuntary demotion or written reprimand. 2. reduce a suspension to a lesser suspension, involuntary demotion or written reprimand. 3. reduce an involuntary demotion to suspension or written reprimand. L. FAILURE TO APPEAR. The failure of employee to appear for a scheduled hearing without providing notice to the Director of Human Resources is a waiver of the appeal. Upon waiver of appeal, disciplinary suspension, involuntary demotion or termination is final without any further rights to appeal. SECTION 4. CONDUCT OF HEARINGS A. TIME OF HEARING. Hearings may be recessed upon motion of a party or a member of the Board with the approval of the majority of the Board present. No hearing shall be conducted, in any part, between the hours of midnight and 8 a.m. B. BURDEN OF PROOF. The City shall have the burden to prove the truth of the misconduct by preponderance of the evidence. The burden to prove collateral defenses, such as excessive discipline, discrimination or procedural error, shall be on the appellant. The standard of proof for collateral defense is preponderance of the evidence. C. ORDER OF CONDUCTING HEARINGS. Proceedings in a hearing shall be conducted in the following order unless otherwise determined by the Board: 1. The hearing shall be called to order by the chair or presiding officer. 2. The Board may address any administrative issues it determines appropriate, such as clarification of issues, sequestering of witnesses, agreements between the parties, scheduling, or other matters. 3. The Board shall permit the parties to make an opening statement concerning the Appeal. The City shall go first, followed by employee or representative. 4. The City shall present its witnesses and other evidence first, and then the employee or representative shall present his/her witnesses and other evidence. 5. The parties may present any further rebuttal evidence permitted by the Civil Service Board. 6. The Board shall permit the parties to make a closing statement. The City shall Civil Service Board Rules and Regulations 2015 Page 15 go first, followed by employee. 7. The chair or presiding officer shall announce the close of the hearing, after which no further evidence or argument may be offered or considered. 8. The Board shall deliberate as a group as provided in these Rules, and consider and evaluate the testimony and other evidence offered by the parties. 9. The Board may adjourn its deliberations at any time as determined by a majority vote in open session of the Board to the following regular business day. If a meeting continued to the following regular business day is again continued to another day, the Board must give notice of the meeting's continuance to the other day. 10. The Board shall decide the issues in the Appeal in closed session and announce its decision in open session. D. GENERAL PROCEDURE. 1. OATHS. All testimony or statements of any type shall be presented under oath. The oath may be administered by the presiding officer or any notary public. 2. THE EXCLUSION OF WITNESSES. Witnesses will be excluded from the hearing proceedings, except while testifying, with instructions not to discuss the case except with attorneys for each side. Violation causes automatic exclusion of that witness. Exclusion of witness does not apply to the appealing employee or the designated City Department Representative. 3. RULING. The Board, if requested, shall deliberate in open meeting in accordance with the Texas Open Meetings Act and take action by motion and second as in other matters. E. EVIDENCE OF PARTIES. 1. Admissibility. Evidence will be admitted if it is of that quality which reasonable and prudent persons are accustomed to rely on when handling serious matters. It is intended that needful and proper evidence shall be produced conveniently, inexpensively and speedily, while preserving the substantial rights of the parties to the proceeding. Technical rules of legal and court procedure do not apply. The presiding officer rules on the admissibility of evidence. If any other member of the Board conducting the hearing so requests, the presiding officer shall consult with the other members on any ruling made or before making the ruling and a majority vote will resolve any disputed evidence. Civil Service Board Rules and Regulations 2015 Page 16 2. STIPULATION. Evidence may be stipulated by Agreement of all parties in interest appearing at the hearing. 3. TESTIMONY SHALL BE PERTINENT. The testimony shall be confined to the subject matter contained in the disciplinary action that is being appealed; in the event that any party pursues a line of interrogation of a witness that is irrelevant, incompetent or immaterial, the presiding officer may terminate that line of interrogation. If any other member of the Board conducting the hearing so requests, the presiding officer shall consult with the other members on any ruling made or before making the ruling and a majority vote will resolve any disputed evidence. 4. LIMITING NUMBER OF WITNESSES. The presiding officer may limit the number of witnesses appearing at the hearing when the testimony will be merely repetitive. 5. OBJECTIONS AND EXCEPTIONS. If a party objects to the ruling of the presiding officer; it is sufficient if the party, at the time the ruling is provided, makes known to the presiding officer the actions desired. 6. TIME CONSIDERATIONS FOR PRESENTING EVIDENCE. Unless otherwise permitted by the Civil Service Board for good cause, each party shall have one hundred twenty (120) minutes to present that party's witnesses and evidence in a hearing, and to question the witnesses presented by the other party. This time period does not include any time permitted by the Board for opening or closing statements and does not include any time expended through questioning by the Board of either party's witnesses or additional direct or cross-examination of witnesses by the parties based on questioning by the Civil Service Board. F. REPORTING THE HEARING. 1. HEARING BEFORE THE BOARD. The hearing shall be recorded by audiotape or a combination of audio and video, including a disc, tape, wire, film, electronic storage drive or other medium now existing or later developed, unless the Board determines in its discretion that recording of the hearing by a certified court reporter is needed. In this event, the testimony shall be recorded by a certified court reporter. 2. TRANSCRIPT. If a hearing is recorded by a certified court reporter engaged in or appointed by the Board, and a copy of the transcript or testimony is ordered by the Board or a party, the testimony shall be transcribed and the original transcript filed with the papers in the proceeding. Copies of the transcript of testimony of any hearing thus reported may be purchased from the certified court reporter at the Civil Service Board Rules and Regulations 2015 Page 17 requesting party's own expense. 3. AVAILABILITY OF ELECTRONIC RECORDING. The Board does not prepare transcriptions for the public of hearings recorded electronically on Board equipment, but will arrange for a party in interest to have access to the electronic recording. 4. RECORDING BY A PARTY. Subject to availability of space, any party in interest, at his/her own expense, may arrange for a certified court reporter to report the hearing from an electronic recording of the hearing. G. EXHIBIT 1. REQUIREMENT FOR EXHIBITS. Exhibits of documentary character shall be of a size which does not unduly encumber the files and records of the Board. Except for maps and drawings, the sheets of each exhibit shall not be more than 8 1/2 inches by 14 inches and numbered. Exhibits shall be limited to facts which are relevant and material to the issue involved in the particular proceeding. 2. INTRODUCTION OF EXHIBITS. Exhibits (original or true and correct copy) shall be offered to the presiding officer for admittance in the record. A copy of the exhibit shall be provided to each of the Board members, the Director of Human Resources or designee, and the opposing party/counsel. If the exhibit is admitted into evidence, the original or certified copy shall be made a part of the record of the proceeding, but leave may be granted to withdraw and substitute a copy therefore. 3. EXCLUDING EXHIBITS. In the event an exhibit has been identified, objected to, and excluded, the presiding officer shall determine whether the party offering the exhibit desires to withdraw the offer, and if so, shall permit the return of the exhibit to him/her. If the excluded exhibit is not withdrawn, it shall be given an exhibit number of identification and be included in the record for the purposes only of preserving the exception, together with the ruling thereon. 4. DOCUMENTS IN CITY FILES. Any matter of official record in the City's files and records, if material and relevant, may be incorporated by reference by parties in interest, if the matter is specifically identified at the hearing so as to put all parties on notice and if no party in interest is deprived of the material right of cross-examination. 5. ABSTRACTS OF DOCUMENTS. When documents are numerous, the presiding officer may elect to receive in evidence only those which are typical and representative and may require the abstracting of relevant data from the documents and the presentation of the abstracts in the form of an Civil Service Board Rules and Regulations 2015 Page 18 exhibit. However, before making this requirement, the presiding officer shall see that all parties in interest who have made an appearance are given the right, upon request, to examine the documents from which the abstracts were made. 6. EXHIBITS OFFERED AFTER HEARING CLOSED. Unless authorized by the Board, a party may not file an exhibit as part of the proceeding after the hearing has been closed. The presiding officer shall provide the opportunity for interested parties to view any exhibit authorized to be filed by a party after the hearing has closed. H. ARGUMENTS AND BRIEFS 1. ORAL ARGUMENTS. Oral arguments may be allowed by the Board upon request by a party, but a reasonable time limit shall be fixed by the Board, with equal time given to each side. 2. BRIEFS. Prior to the closing of the hearing and upon request of the parties in interest, the Board may authorize the submission of briefs. I. ACTION AFTER HEARING CLOSED 1. At the conclusion of testimony and other oral arguments offered at a hearing before the Board, a hearing is ordered closed. The Board may then close the record or keep it open for the submission of briefs and exhibits. 2. In conformity with the Texas Open Meetings Act, the Board and members thereof, in the event a decision is postponed for the submission of briefs, or otherwise, will only discuss and consider this matter in open meeting after posting notice in conformity with State Law. 3. DECISION. The decision of the Board will be based on the evidence presented. SECTION 5. CAUSES FOR DISCIPLINE The following shall be cause for disciplinary suspension, involuntary demotion or termination against a classified employee, if, in the opinion of the disciplinary authority, the employee: 1. has been convicted of a felony or misdemeanor involving moral turpitude; 2. has committed a felony or a misdemeanor involving moral turpitude whether the employee has been indicted or found guilty in a criminal proceeding or not; Civil Service Board Rules and Regulations 2015 Page 19 3. has willfully, wantonly, or through culpable negligence, been guilty of brutality or cruelty to an inmate or prisoner of a City institution or to a person in custody; 4. has violated any of the provisions of the City's Code of Ethics or these Rules and Regulations; 5. has been guilty of conduct that is prejudicial to the good order and effectiveness of the department, or the City or that brings discredit on the public service; 6. has violated any City Policy, City Ordinance, departmental rule or regulation, or been insubordinate or failed to obey any lawful order or direction made or given by an employee superior to or in a supervisory capacity over the employee; 7. consumes alcohol, an illegal drug, or a legal drug being used improperly or has been under the influence of alcohol, drugs or other intoxicating substance while on duty; in a City facility; on City property; while performing City business; in or while operating a City vehicle or equipment. 8. sells, purchases, transfers, or possesses an illegal drug or a legal drug improperly; while on City property; while in a City facility, while in or operating a City vehicle or equipment or while on duty 9. is offensive in conduct or language toward the public or City officials, officers, or employees, which interferes with or might reasonably be expected to interfere with the proper and orderly conduct of the City's business or brings or might reasonably be expected to bring discredit on the public service; 10. has committed any acts of dishonesty, which may include but is not limited to altering or falsifying official records or examinations; accepting, soliciting or making a bribe; lying to superiors or falsifying records with respect to official duties, including work duties, disciplinary actions, or false reporting of work hours 11. is incompetent, inefficient, negligent or careless in the performance of the duties of his/her position, or fails to meet established standards of performance either qualitative or quantitative standards; 12. has excessive tardiness or excessive unexcused absences; 13. steals, or is careless or negligent with, property of the City; 14. threatens, harasses, assaults or batters any officer or employee of the City or any other member of the public 15. fails to maintain satisfactory working relationships with co-workers, other City employees or the public; Civil Service Board Rules and Regulations 2015 Page 20 16. takes any fee, gift or other thing of value in the course or in connection with his/her work for his/her personal use from any citizens; 17. has been induced, has induced, or has attempted to induce an officer or employee of the City to commit an unlawful act, or to violate any departmental or Board rule or regulation, or to disobey or fail to obey an order of direction by a superior officer; 18. has been absent from duty without leave, or has failed to call or notify his/her supervisor when unable to report for duty unless such failure to call or report is due to no fault of the employee, or has failed to report upon expiration or revocation of leave or when reason for leave has ended; 19. Engages in a strike, sabotage or work slowdown; 20. has been involved in any political activity prohibited by City Charter, Ordinance or published personnel policy; 21. has knowingly, singularly or in cooperation with others, wrongfully instructed another in respect to that person's right of examination; 22. has knowingly furnished any person being examined any special or secret information for the purpose of improving or injuring that person's performance on the examination; 23. has divulged confidential information to unauthorized individuals; 24. has made any false report, oral or written, with respect to his/her employment, or has knowingly falsified any government record or aided another in doing so; 25. has falsely maligned any other employee of the City, provided that this clause does not apply where the employee, in good faith, prefers charges against another employee with the view of having the other employee brought up for the hearing before the proper tribunal of the City; 26. has threatened to suspend, discharge, or demote, or adversely affect another employee for having filed a grievance, complaint or suggestion, or for having failed to take part in a voluntary program or benefit; 27. discriminates or harasses, uses racially discriminatory or offensive language toward an officer or employee or member of the public; 28. fails to maintain licenses and certifications required by the position or fails to meet eligibility standards in order to perform the essential functions of the position; Civil Service Board Rules and Regulations 2015 Page 21 29. has misrepresented his/her physical condition, or work capacity; 30. has a permanent injury, illness or disability such that they are no longer able to performance the essential functions of their position with a reasonable accommodation. 31. has acquired an interest in any contract with the City; 32. has been discovered to have been disqualified at the time of selection; 33. has engaged in any activity or refrained from any action so as to bring discredit upon the City or the public service; 34. fails to report to the City's designated Physician or other medical practitioner required by written instruction from a Department Director, or designee or as directed in writing by the City's designated Physician; 35. violates any published safety rule promulgated or approved by the Risk Management Division; 36. any other just cause including the good of the service. Civil Service Board Rules and Regulations 2015 Page 22 ARTICLE V TEMPORARY AND PART-TIME EMPLOYEES SECTION 1. TEMPORARY EMPLOYEES An employee hired for a fixed term, or to perform a specific task, has no Civil Service status under the Civil Service Board Rules and Regulations and may be terminated at will at any time during the temporary period of employment. SECTION 2. PART-TIME EMPLOYEES Part-time employees shall be treated in the same manner as regular employees for purposes of these Rules and Regulations except that in calculating the probationary period actual hours of work equal to the hours required of full-time employees to fulfill the probationary period, as provided for in Article III, Section 3, must be accumulated by the part-time employee. For the purposes of this Section, 173.33 hours are equal to one month of work. Civil Service Board Rules and Regulations 2015 Page 23 ARTICLE VI PROMOTIONS, VOLUNTARY REASSIGNMENTS, LEAVES OF ABSENCE, RESIGNATIONS AND GRIEVANCES SECTION 1. PROMOTION Promotions within the City shall be based on job-related knowledge and experience, job performance, conduct and seniority. Vacancies not filled by reasonable accommodation, alternate assignment, transfer, reinstatement or reduction in force shall be filled on the basis of merit and other appropriate factors. No promotion from one position to a higher one or to a position paying a higher salary shall become final until the employee promoted has satisfactorily completed a six (6) month probationary period in the new position. If the employee promoted does not satisfactorily complete the probationary period, he/she will be placed back in his/her former position if it is still available or placed in another position that is comparable in status and pay to his/her former position. If the disciplinary authority decides to terminate or suspend the employee promoted, then the due process steps set out in Article IV must be followed. SECTION 2. VOLUNTARY REASSIGNMENT The voluntary reassignment of an employee to a lower graded position with or without a corresponding reduction in pay as a reasonable accommodation under the Americans with Disabilities Act is not a demotion and is not appealable to the Civil Service Board. SECTION 3. TRANSFERS Transfers may be made as follows: A. from one position to a similar position of the same classification and grade within a Department; B. from a position in one Department to a similar position of the same classification or grade, in another Department, providing the Directors of the two Departments and the employees shall concur, or, in case of conflict, by decision of the City Manager or designee; C. transfers shall not be allowed where the employee does not meet the minimum job qualifications for the position to which transfer is being considered and cannot safely and fully perform the essential functions of the position, even with reasonable accommodation if required by the Americans with Disabilities Act. SECTION 4. LEAVES OF ABSENCE Civil Service Board Rules and Regulations 2015 Page 24 The Department Director shall immediately file notice with the Director of Human Resources of any authorized leave of absence granted and shall again give notice upon termination of leave and the employee's return or failure to return. SECTION 5. REDUCTION IN FORCE Whenever the budget adopted by the City Council makes it necessary to reduce the workforce, such reductions will be based on operational impact pursuant to City Policy. SECTION 6. RESIGNATION A. VOLUNTARY. Notice of voluntary resignation of a classified employee shall be filed with the Director of Human Resources, with a copy of the resignation, if in writing, signed by the employee and accepted by the Department Director, or designee and when appropriate, by the City Manager or designee. B. AUTOMATIC. Employees who are absent for three (3) consecutive working days without prior approval to take leave, or when leave has been denied, or without contacting their supervisor regarding that absence, will be considered by the City and the Board to have resigned. Written notice of such shall be mailed by regular U.S. mail and certified mail, return receipt requested to the employee's last known address as noted in the employee's file in the Human Resources Department. SECTION 7. GRIEVANCES An internal grievance procedure for issues concerning wages, hours of employment, or conditions of work shall conform to the procedure established by the City Manager. Civil Service Board Rules and Regulations 2015 Page 25 ARTICLE VII PERFORMANCE APPRAISAL SECTION 1. Performance Appraisal Policy Performance appraisals shall be required and conducted in conformance with City Policy as directed by the City Manager. Civil Service Board Rules and Regulations 2015 Page 26 ARTICLE VIII DUTIES OF THE DIRECTOR OF HUMAN RESOURCES SECTION 1. DUTIES It shall be the duty of the Director of Human Resources, who is secretary of the Civil Service Board, to keep the minutes of all proceedings of the Civil Service Board and have charge of and be responsible for the safe keeping of the books, records, and papers in its office . It shall also be the duty of the Director of Human Resources to make such certification for those eligible for appointment or employment as the Civil Service Board may direct, maintain efficient records, prepare or supervise the preparation of all examinations and such other duties as the Civil Service Board may designate, or as may be necessary, not inconsistent with the Charter of the City of Corpus Christi. SECTION 2. REPORTS REQUIRED FROM APPOINTING AUTHORITIES TO DIRECTOR OF HUMAN RESOURCES Hiring authorities shall make prompt and complete reports to the Director of Human Resources on the following matters: a. Appointments, whether full-time, part-time, temporary, or emergency b. Reinstatement appointments c. Transfers d. Leaves of Absence e. Suspensions f. Removal from the service, and the cause of such removal, whether resignation, termination or reduction in force g. Change in compensation h. Creation or abolition of any office or place of employment i. Any material changes in the duties of an officer or employee, or in the organization of departments J. All other information found necessary by the Civil Service Board in the performance of its duties and completion of any of its various records Civil Service Board Rules and Regulations 2015 Page 27 Every record shall contain the affected employee's name and City employee identification number, together with the date upon which the action takes effect, and such other facts and information as will make it possible for the Civil Service Board to maintain a complete and correct record. Civil Service Board Rules and Regulations 2015 Page 28 ARTICLE IX MISCELLANEOUS PROVISIONS SECTION 1. DISCRIMINATION The City shall not engage in unconstitutionally discriminatory employment practices. Information regarding suspect classifications gathered by the City for statistical and equal employment purposes will not be considered or used except as authorized by law. SECTION 2. RECORDS All names of applicants, examination papers and questions, and certificates must be filed in the Human Resources Department and kept not less than three years, unless otherwise required. Medical information shall be kept in confidential files separate from employee Human Resources records. SECTION 3. CHANGE OF RULES These rules may be amended, repealed, or supplemented by the Civil Service Board at any time and new rules adopted by majority vote of the Board. Such changes shall not become operative until approved by the City Council. SECTION 4. MEETING A. The Civil Service Board shall meet as often as necessary and/or upon call of two members, giving notice at least seventy-two hours in advance to the third member. Notice of meetings shall be posted in conformity with state law. B. In any investigation or hearing conducted by the Board, it shall have the power to subpoena and require the attendance of witnesses and the production of documents pertinent to the investigation and to administer oaths to such witnesses. C. Any witness fees for non -City employees shall be paid by the party calling such witnesses. SECTION 5. CLASSIFICATION AND COMPENSATION Classification and Compensation shall be established by authority provided through City Ordinance. SECTION 6. PUBLIC INFORMATION The City Secretary shall be designated as the Public Information Coordinator for the Civil Service Board. Rules & Regulations of the Civil Service Board Human Resources Department July 1999 h_City of Corpus Christi ARTICLE I Table of Contents SECTION 1 SECTION 2 SECTION 3 SECTION 4 ARTICLE II . NOTIFICATION OF POSITION . ADVERTISING OF POSITIONS . PREFERENCES . QUALIFICATIONS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 . EXAMINATION GENERALLY . CONTENT OF EXAMINATIONS . DIRECTION OF EXAMINATIONS . SPECIFICATION OF JOB REQUIREMENTS . REVIEW ARTICLE III SECTION 1. REFERRAL OF QUALIFIED APPLICANTS SECTION 2. AUTOMATIC DECLINE OF SELECTION SECTION 3. PROBATIONARY PERIOD SECTION 4. CLASSIFIED EMPLOYEE ARTICLE IV SECTION 1. GENERALLY SECTION 2. DISCIPLINARY SUSPENSIONS, INVOLUNTARY DEMOTIONS, AND TERMINATIONS 11 SECTION 3. APPEAL 12 SECTION 4. CONDUCT OF HEARINGS 15 SECTION 5. CAUSES FOR DISCIPLINE 20 ARTICLE V 24 SECTION 1. TEMPORARY EMPLOYEES 24 SECTION 2. PART-TIME EMPLOYEES 24 ARTICLE VI 25 SECTION 1. PROMOTION 25 SECTION 2. VOLUNTARY REASSIGNMENT 25 SECTION 3. TRANSFERS 25 SECTION 4. LEAVES OF ABSENCE 26 SECTION 5. REDUCTION IN FORCE 26 SECTION 6. RESIGNATION 26 SECTION 7. GRIEVANCES 27 ARTICLE VII 28 SECTION 1. Performance Appraisal Policy 28 ARTICLE VIII 29 SECTION 1. DUTIES 30 SECTION 2. REPORTS REQUIRED FROM APPOINTING AUTHORITIES TO DIRECTOR OF HUMAN RESOURCES 30 ARTICLE IX 32 SECTION 1. DISCRIMINATION 32 SECTION 2. RECORDS 32 SECTION 3. CHANGE OF RULES 32 SECTION 4. MEETING 32 SECTION 5. CLASSIFICATION AND COMPENSATION 32 SECTION 6. PUBLIC INFORMATION 33 3 3 3 3 3 6 6 6 7 7 7 9 9 9 9 10 11 11 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 3 ARTICLE I NOTIFICATION AND ADVERTISING OF POSITIONS, APPLICATIONS AND JOB QUALIFICATIONS SECTION 1. NOTIFICATION OF POSITION The appointing authority who desires the City to hire an employee shall direct a request for filling any position to the office of the Director of Human Resources who shall certify the title, class, duties and compensation for such position. SECTION 2. ADVERTISING OF POSITIONS Advertising for applicants shall be conducted in conformance with the law and as directed by the City Manager. SECTION 3. PREFERENCES A. Among equally qualified applicants, preference shall be given to City employees utilizing the following order: a. City employees currently unemployed as a result of City off.reduction in force. b. City employees with greater seniority, and superiorsatisfactory performance. B. Veterans of the armed forces of the United States as defined by law who present an honorable discharge shall be granted such preference as required by law. SECTION 4. QUALIFICATIONS A. Generally, in order to be considered a qualified applicant, the individual must: a. timely file application; b. meet the minimum qualifications as set forth in the job; c. not be otherwise barred by the rules and regulations of this Board, as set forth herein. B. RESIDENCE. Any person applying for City employment or employed by the City shall meet all residency requirements established by Ordinance by the City Civil Service Board Rules and Regulations July 13, 1999 2015 Page 4 Council.—Exceptions to such requirements may be granted by the City Manager, as provided by Ordinance. C. PHYSICAL FITNESS OF APPLICANTS. Upon a bona fide job offer, each applicant for a City position must be examined by a Physician designated by the City, and must be certified to be physically and mentally capable of safely and fully performing all of the essential functions of the job being offered; if the applicant is covered by the Americans With with Disabilities Act, he/she must be physically and mentally capable of safely and fully performing the essential functions of the job offered with a reasonable accommodation if such a reasonable accommodation is required. D. DISQUALIFICATION. An Applicant may be disqualified who: (1) is found to lack any of the established requirements for the position for which he/she applies; (2) is determined by the physician designated by the City to be unable to safely and fully perform the essential functions of the position for which he/she applies, and if covered by the Americans With with Disabilities Act, it—is determined to be unable to safely and fully perform the essential functions of the position with a reasonable accommodation and without posing a direct threat to the health or safety of other individualsdoes not pose a direct threat of significant • •• _ - _ _ - ; (3) is found to have been guilty of any crime reasonably likely to have an adverse job related impact; (4) has been dismissed from employment with the City for inefficiency, misconduct, or violation of the rules and regulations of this Board or of the Civil Service CommissionBoard; (5) has made a false statement of any fact or has practiced or attempted to practice any deception or fraud in his/her application, examination, in establishing his/her eligibility for appointment, promotion or transfer, or inaccurately and incompletely provided responses to post -offer medical history information requests; (6) has documented past conduct which indicates an unreasonable risk that the applicant will be an unsatisfactory employee; or (7) any combination of the above. Disqualifications shall be certified by the Director of Human Resources or the Director's designee. Any of the foregoing disqualifications may be cause for striking the individual's name from an eligibility register and for voiding that person's appointment during or after the probationary period. E. There shall be no right to a hearing on the qualification of an applicant. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 5 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 6 ARTICLE II EXAMINATION SECTION 1. EXAMINATION GENERALLY Examinations shall be designed to fairly test the applicant's ability to safely and fully perform the essential functions of the position for which application has been made, or to perform them with reasonable accommodation if required by the Americans With with Disabilities Act. Such examinations shall test both general knowledge and job knowledge and qualifications specific to the position for which application is made. Applicants requesting reasonable accommodation to take an examination shall receive such reasonable accommodation as the City is able to provide if it does not cause undue hardship as provided for in the Americans Withwith Disabilities Act. No question on any exam shall relate to political or religious convictions or affiliations of the applicant, or to any other issue which could be the basis for unlawful discrimination. SECTION 2. CONTENT OF EXAMINATIONS Examination for entrance into the service and promotion within the service shall consist of one or more of the following parts as considered appropriate for the various classifications of positions: A. B. WRITTEN TEST. This part, when required by a dDepartment head Director and approved by the Director of Human Resources, shall be designed to show the familiarity of the applicants with the knowledge needed to perform the essential functions of the position to which they seek appointment. ORAL INTERVIEW. This part, when required by City Policy Procedures and approved by the Director of Human Resources, shall be to determine an applicant's ability to deal with others, meet the public, or personal qualifications required to perform the essential functions of the position for which he/she applied. An oral examination may also be used, either where a written test is unnecessary or impracticable, or as a reasonable accommodation. C. PERFORMANCE TEST. This part, when required by the dDepartment head Director and approved by the Director of Human Resources, shall include such tests of performance as will determine the_ability and skill of applicants to perform the essential functions involved in the position to which they seek employment. D. PHYSICAL AND HEALTH TESTS. After an offer of employment has been made, and as a condition of employment, each applicant shall be examined by physician(s) designated by the City to determine: (1) the applicant's ability to safely and fully perform the essential functions of the job for which he/she has Civil Service Board Rules and Regulations July 13, 1999 2015 Page 7 1 E. 1 1 1 applied;i or (2) if -covered by the Americans Wwith Disabilities Act, to perform them the essential functions of the job with reasonable accommodation without posing a direct threat to the health and safety of other individuals. if required by the Americans With Disabilities Act, and to determine whether a direct threhat of without posing a direct threat to the health or safety of othcr individuals. Results of such examination shall be reported to the Department of Human Resources on its approved form. As part of the medical examination, an applicant may be required —to see a specialist and participate in functional capacities tests as deemed necessary by the Director of Human Resources. If the applicant is accepted for employment, related medical information shall be kept in a confidential file separate from the employee's employment record. ADAPTABILITY AND APTITUDE TESTS. This part, when required, shall include tests to determine general adaptability or to ascertain special traits and aptitudes. F. TRAINING AND EXPERIENCE. This part shall consist of questions on education and experience in the application form and of such supplementary data as may be needed for certification and proof of statements made in the application, or it may consist of questions on training and experience asked at the time the written tests are given. SECTION 3. DIRECTION OF EXAMINATIONS Preparation, conduct and evaluation of all written examinations shall be under the general authority and direction of the Director of Human Resources Department, or designee. Such preparations would include and allow for the purchasing of tests from a third party qualified to construct job knowledge or aptitude tests. Examinations shall be free from the presence, participation or influence of any person other than the authorized examiner or proctor. SECTION 4. SPECIFICATION OF JOB REQUIREMENTS Department Heads Directors shall furnish a specific and comprehensive written job analysis description questionnaire on the physical and mental requirements of each classified position in their department which identifies the essential functions of that specific position. It shall be the responsibility of the Human Resources Department to finalize and approve job descriptions for all Classified positions within the City from job analysis description questionnaires prior to the position being advertised. SECTION 5. REVIEW The Civil Service Board, or Civil Service Board designee, may hear and inquire into any 1 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 8 material violation of the provisions of this Article which is brought to its attention through the Director of Human Resources within 10 days of the examination. Where a violation is proven to the satisfaction of the Civil Service Board or Civil Service Board designee, the Civil Service Board or Civil Service Board designee may: 1. order a re-examination of applicants for any position; or, 2. correct, amend or revoke any schedule or register or other document relating to such examination. Any such action and the reasons therefore shall be recorded in the minutes of the Board. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 9 ARTICLE III ADDOINTMENTSELECTION SECTION 1. REFERRAL OF QUALIFIED APPLICANTS After proper evaluation and due consideration of other appropriate factors including, but not limited to, affirmative action policies equal employment opportunity policies and qualified personnel within the City, the Director of Human Resources, or designee, shall refer a sufficient number of qualified applicants for classified positions to the appointing hiring authority for consideration. Appointment Selections and hHiring to positions shall be made pursuant to standard instruction issued by the City Manager. The Director of Human Resources, or designee, shall determine that the appointing hiring authority has given due consideration to such factors as job related qualifications, employment history, applicable affirmative action policies equal employment opportunity policies, preferences, and reasonable accommodations accommodation. _—The Director of Human Resources, or designee, shall certify all appointments selections to the Director of Finance in order that the appointee selected applicant may be placed on the payroll. SECTION 2. AUTOMATIC DECLINE OFAPPOINT-MENTSELECTION When an a selected applicant recommended for appointment fails to notify the appointing hiring authority of acceptance of the appointment selection, whether by mail or otherwise, within four business days after the offer is made, they may be deemed to have declined the appointment offer, and their name may be stricken from the ranking of applicants. SECTION 3. PROBATIONARY PERIOD The probationary period applies to both newly hired and rehired employees. The probationary period shall be six calendar months of full-time service for full-time employees, except that full-time Public Safety Dispatcher Trainee positions that require on-the-job training including but not limited to Crime Scene Investigator, Firearms Examiner, Latent Print Examiner, MetroCom Technician911 Dispatcher, MultiMedia Specialist and Aviation Public Safety Officer Trainee job classifications shall have a probationary period of 12 calendar monthscalendar months. For purposes of this _ r be included in calculating the probationary period. In the situation where the number of probationary period shall begin anew as of the first day of return to work after the 45th working day missed. -For the purposes of this provision only, absences charged against accrued sick leave will not extend the probationary period. All other absences will extend the probationary period by the period of time equivalent to the time taken. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 10 In any instance where an employee's probationary period is unsatisfactory, the dDepartment head Director and the employee may agree, prior to the expiration date of the probationary period, and with the written approval of the Director of Human Resources_to an extension for an additional period of up to six months.; Eexcept that Public Safety Dispatcher Trainee Crime Scene Investigator, Firearms Examiner, Latent Print Examiner, MetroCom Technician 911 Dispatcher, MultiMedia Specialist and Aviation Public Safety Officer Trainee or any other positions classified as a 12 month probation may be probationary employee extended sion_c may be up to 12 months to allow for completion of all training modules. The probationary cmploycc may be evaluated at any time during the extension. SECTION 4. CLASSIFIED EMPLOYEE The Classified Service includes all positions not exempted in this Subsection Section 39-304 of the City's Code of Ordinances. The following positions are exempt from the Classified Service and, therefore, are not covered by Rules and Regulations of the Civil Service Board: A. All positions within the following pay plans: Pay Plan 200 (Exempt), Pay Plan 300 (Executives). B. All positions in the Mayor's Office, City Secretary's Office, and City Auditor's Office. C. Any position that functions as the principal secretary or assistant to the City Manager, Deputy City Manager, Assistant City Manager, Executive Director, Municipal Court Judge, Department Director, Assistant Department Director, City Secretary, City Attorney, Assistant City Attorney. D. Temporary employees. E. All members of the Police and Fire Collective Bargaining Unit. Any employee serving in a Classified Service position is covered by the Rules and Regulations of the Civil Service Board. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 11 ARTICLE IV DISCIPLINARY SUSPENSION, INVOLUNTARY DEMOTIONS, TERMINATIONS, INVO i iNTARY DEMOTIONS AND APPEALS THEREFROM SECTION 1. GENERALLY Whenever In matters involving a disciplinary suspension, involuntary demotion or termination against a classified employee,. who has completed the probationary period described above in Article III, Section 3. is completed, the following steps shall be taken: The employee shall be informed in writing that the disciplinary suspension, involuntary demotion or termination is being contemplated, and the reasons therefore; and 11. The employee shall be given an effective opportunity to respond to the charges set forth in Subsection I, of this section, to the disciplinary authority, at a rebuttal meeting or in writing; and III. Notice of suspension, involuntary demotion or termination shall be personally delivered to the employee or the employee's designee designated representative. If personal saw -delivery is unsuccessful, the notice of suspension, involuntary demotion or termination or shall be mailed by certified mail, return receipt requested, to the employee's last known address as noted in the employee's file in the Human Resources Department or if provided, to the employee's designated representative's address. Any employee interviewed in reference to a City investigation shall answer all questions related to the matter under investigation completely and truthfully. Employees that are called by the City for an interview have the right to the presence of a union official, attorney, or representative of the employee's choosing at the employee's expense. The accused employee's representative may be present during the fact-finding meeting with the accused employee. The representative may be present during the entire fact-finding meeting as an observer only and will not be permitted to interrupt nor engage in disruptive behavior. A representative from the City Legal Department will also be allowed to be present during interviews of employees. No representative or employee may be present during fact-finding interviews with other employees, unless required by law. The accused employee will be allowed one representative of his or her choosing during the rebuttal meeting or fact finding interview. SECTION 2. DISCIPLINARY SUSPENSIONS, AICD—INVOLUNTARY DEMOTIONS, AND TERMINATIONS Civil Service Board Rules and Regulations July 13, 1999 2015 Page 12 Temporary disciplinary Disciplinary suspensions without pay, involuntary demotions and termination and demotions may be imposed, for cause, by Department Heads Directors with the approval of the City Manager or the Manager's designee, or by the City Manager's designee independently, upon subordinate clas.,ified employees. Notice of such suspension, involuntary demotion or terminationy1 or demotion, setting out the action taken, the effective date of such action, and the reason therefor, shall be promptly given in writing to the Board and to the employee. The employee may appeal such action as set out in Section 3, below. SECTION 3. APPEAL A. N^, CERequest for appeal. —Appeal of disciplinary suspension, involuntary demotion or termination or demotion must be given in writing by the employee or the employee's designee designated representative to the Director of Human Resources within ten (10) calendar business days after such written notice of disciplinary suspension, involuntary demotion or termination or demotion is given to the employee. Failure to request in writing an appeal within ten (10) business days of receiving notice of disciplinary suspension, involuntary demotion or termination is a waiver of the appeal. Upon waiver of appeal, disciplinary suspension, involuntary demotion or termination is final without any further rights to appeal. If the tenth (10t) calendar day falls on a Saturday, Sunday, or designated City holiday, received with the appeal noticc or be provided within 5 working days following the date or documents not being present at the hearing. B. Discovery 1. Subpoena, discovery. The Civil Service Board may issue Subpoena and order discovery in any investigation or hearing under these rules. The Civil Service Board makes a non-exclusive delegation of such authority to the Director of Human Resources to issue Subpoena on its behalf, subject to the terms and limitations of these Rules. Subpoena for the production of witnesses or documents at an Appeal hearing shall be issued on a form as specified by the Director of Human Resources. The Director of Human Resources shall retain a copy of each Subpoena issued and make such copy a part of the records of the Civil Service Board. 2. Requests for Subpoena or production of documents. An Employee, Department Director or legal representative thereof may request Subpoena for appearance of witnesses and production of documents at an Appeal hearing. Subpoena may be requested with the appeal notice or Civil Service Board Rules and Regulations July 13, 1999 2015 Page 13 within 10 business days before the hearing date. A request for Subpoena or production of documents shall be made on a form as specified by the Director of Human Resources. The Director of Human Resources shall mark all such requests received to indicate the date the request was received, and shall make all such requests a part of the records of the Civil Service Board. Once Subpoena requests have been submitted to the Director of Human Resources, a party may pick up a copy of the other party's Subpoena list. 3. Texas Public Information Act. The Texas Public Information Act (codified at Texas Gov't Code Chapter 552) requires a governmental entity to request an open letter ruling from the Texas Attorney General prior to withholding information that is excepted from required disclosure. The City, Department or designated representatives shall not release any information that is excepted from required disclosure under the Texas Public Information Act. The Civil Service Board may not order the release of any information that is excepted from required disclosure under the Texas Public Information Act. C. SUBMISSION OF DOCKET CONTROL 1. Employee's Submission. The Employee's submission shall include information listing the reasons for Appeal, list of names of witnesses the Employee intends to call at the hearing, list of written statements the Employee intends to offer under these Rules, and any documents the Employee intends to provide as evidence at the hearing. The submission shall be made using a form as specified by the Director of Human Resources. The submission must be made within 5 business days of an appeal. Such submission may be amended at any time up to 10 business days prior to the appeal hearing. 2. Department's Submission. The Department's submission shall include information about the issues for Appeal, list of names of witnesses the Department intends to call at the hearing, list of written statements the Department intends to offer under these Rules, and any documents the Department intends to provide as evidence at the hearing. The submission shall be made using a form as specified by the Director of Human Resources. The submission must be made within 5 business days of employee's submission of docket control. Such submission may be amended at any time up to 10 business day prior to the appeal hearing. 3. Access to Hearing Information Submissions. Once hearing information has been submitted to the Director of Human Resources, the Director of Human Resources will notify the parties that the submissions are available to be picked up. At the hearing, the Director of Human Civil Service Board Rules and Regulations July 13, 1999 2015 Page 14 Resources shall provide the Civil Service Board with any Hearing Information submissions received from either party. 4. Rebuttal Submissions. A Rebuttal Submission may be submitted in writing to the Director of Human Resources no later than 5:00 p.m., five (5) Business Days prior to the hearing. A Rebuttal Submission shall be available to the other party as soon as it has been submitted. If either party does not provide an initial submission, that party is not permitted to submit a Rebuttal Submission unless that Submission is to provide documents received after the initial submission deadline. 5. Objection to Witnesses and Documents. A party may object at a hearing to the presentation of any witness or document by the other party that was not submitted to the Director of Human Resources in compliance with this Rule. Upon such objection, the Civil Service Board shall exclude any witness or document by the other party that was not submitted to the Director of Human Resources in compliance with this Rule. D. PREHEARING. Either party may request a prehearing before the Civil Service Board to rule on the relevance and admissibility of evidence or testimony provided in the docket control. A prehearing shall precede and replace any scheduled hearing. The scheduled hearing on the merits will be rescheduled for a new hearing date no later than 30 days from the prehearing. Where no hearing date existed, a hearing date will be scheduled within 30 days of the prehearing. BE. HEARING. If the Director of Human Resources determines that -an appeal notico has been timely filed, the Director of Human Resources shall schedule a hearing within 20 working thirty (30) calendar days thereafter. The disciplinary action will not be voided by a failure to commence the hearing by a particular date unless otherwise determined at the discretion of the Civil Service Board. Hearings shall require the presence of 3 Civil Service Board Members. Hearings may be recessed and continued from time to time. CF. NOTICE OF SETTING. Notice of setting shall be posted publicly as required by state law and given to the employee or the employee's designee designated representative, the City Manager, the Board, and the appropriate disciplinary authority. DG. DECISION. The Board's decision will determine the truth of each charge and the remedy decided upon. Decisions shall be based upon majority vote of the Board members present at the hearing. After the hearing is concluded Once the Board orders the hearing closed, the Board shall deliberate and subsequently announce a decision on the appeal. Upon a tie vote, the appeal shall be considered Civil Service Board Rules and Regulations July 13, 1999 2015 Page 15 granted. EH. FINALITY. In all appeals of disciplinary actions, the decision of the Board shall be final unless appealed to the City Council within thirty (30) calendar days from when the rendition of the Boards renders its decision, if expressly permitted by the City Charter or ordinance. FI. REINSTATEMENT. In all decisions requiring reinstatement, the Board shall be authorized to determine the effective date for such reinstatement, and the amount of back pay, if any. 1 G.J. MITIGATION. It is the duty of the employee to mitigate damages, if any, and failure to do so will be considered in determining what back pay, if any, is due. In appeals, where a decision of reinstatement with back pay is made, evidence on the issue of mitigation shall be heard separately after the reinstatement decision. 1 HK. REMEDIES. The Board may uphold, modify or nullify the action imposed by the disciplinary authority. In decisions to modify the discipline imposed, the Board may elect to: 1 1 1. reduce a termination to a suspension, involuntary demotion or written reprimand. 2. reduce a suspension to a lesser suspension, a -involuntary demotion or a written reprimand. 3. reduce a -an involuntary demotion to a temporary suspension or a -written reprimand. L. FAILURE TO APPEAR. The failure of employee to appear for a scheduled hearing without providing notice to the Director of Human Resources is a waiver of the appeal. Upon waiver of appeal, disciplinary suspension, involuntary demotion or termination is final without any further rights to appeal. SECTION 4. CONDUCT OF HEARINGS A. TIME OF HEARING. Hearings may be recessed upon motion of a party or a member of the Board with the approval of the majority of the Board present. No hearing shall be conducted, in any part, between the hours of midnight and 8 a.m. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 16 B. BURDEN OF PROOF AND ORDER OF APPEARANCE AND PRESENTATION. The City shall have the burden to prove the truth of the misconduct by preponderance of the evidence. - The burden to prove collateral defenses, such as excessive discipline, discrimination or procedural error, shall be on the appellant. The standard of proof for collateral defense is preponderance of the evidence. The burden of proof is a preponderance of the evidence presented at the hearing. With the burden of proof goes the right to open and close arguments to the Board. C. ORDER OF CONDUCTING HEARINGS. Proceedings in a hearing shall be conducted in the following order unless otherwise determined by the Board: 1. The hearing shall be called to order by the chair or presiding officer. 2. The Board may address any administrative issues it determines appropriate, such as clarification of issues, sequestering of witnesses, agreements between the parties, scheduling, or other matters. 3. The Board shall permit the parties to make an opening statement concerning the Appeal. The City shall go first, followed by employee or representative. 4. The City shall present its witnesses and other evidence first, and then the employee or representative shall present his/her witnesses and other evidence. 5. The parties may present any further rebuttal evidence permitted by the Civil Service Board. 6. The Board shall permit the parties to make a closing statement. The City shall go first, followed by employee. 7. The chair or presiding officer shall announce the close of the hearing, after which no further evidence or argument may be offered or considered. 8. The Board shall deliberate as a group as provided in these Rules, and consider and evaluate the testimony and other evidence offered by the parties. 9. The Board may adjourn its deliberations at any time as determined by a majority vote in open session of the Board to the following regular business day. If a meeting continued to the following regular business day is again continued to another day, the Board must give notice of the meeting's continuance to the other day. 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 17 10. The Board shall decide the issues in the Appeal in closed session and announce its decision in open session. OD. GENERAL PROCEDURE. 1. OATHS. All testimony or statements of any type shall be presented under oath. The oath may be administered by the presiding officer; or any notary public. who wish to make statements testify to also take the oath. 2. THE EXCLUSION OF WITNESSES. If requested, the procedure of "invoking the rule" is to be followed and wWitnesses will be excluded from the hearing proceedings, except while testifying, e - ' • e - e • - witnesses with instructions not to discuss the case except with attorneys for each side. Violation causes automatic exclusion of that witness. Exclusion of witness does not apply to the appealing employee or the designated City Department Representative. ••e•. e 3. RULING. The Board, if requested, shall deliberate in open meeting in accordance with the Texas Open Meetings Law Act and take action by motion and second as in other matters. DE. EVIDENCE OF PARTIES. 1. Admissibility. Evidence will be admitted if it is of that quality which responsible reasonable and prudent persons are accustomed to rely on +o the conduct of serious affairs when handling serious matters. It is intended that needful and proper evidence shall be produced conveniently, inexpensively and speedily, while preserving the substantial rights of the parties to the proceeding. Technical rules of legal and court procedure do not apply. The presiding officer rules on the admissibility of evidence. If any other member of the Board conducting the hearing so requests, the presiding officer shall consult with the other members on any ruling made or before making the ruling and a majority vote will resolve any disputed evidence. 2. STIPULATION. Evidence may be stipulated by Agreement of all parties in interest appearing at the hearing. 3. TESTIMONY SHALL BE PERTINENT. The testimony shall be confined to the subject matter contained in the disciplinary action that is being appealed; in the event that any party pursues a line of interrogation of a Civil Service Board Rules and Regulations July 13, 1999 2015 Page 18 witness that is clearly irrelevant, incompetent or immaterial, the presiding officer may terminate that line of interrogation. If any other member of the Board conducting the hearing so requests, the presiding officer shall consult with the other members on any ruling made or before making the ruling and a majority vote will resolve any disputed evidence. 4. LIMITING NUMBER OF WITNESSES. The presiding officer may limit the number of witnesses appearing at the hearing when the testimony will be merely cumulative repetitive. 5. OBJECTIONS AND EXCEPTIONS. Formal exception If a party objects to the ruling of the presiding officer is not necessary.), it is sufficient if the party,. at the time the ruling is providedmado, or sought makes known to the presiding officer the actions desired. 6. TIME CONSIDERATIONS FOR PRESENTING EVIDENCE. Unless otherwise permitted by the Civil Service Board for good cause, each party shall have one hundred twenty (120) minutes to present that party's witnesses and evidence in a hearing, and to question the witnesses presented by the other party. This time period does not include any time permitted by the Board for opening or closing statements and does not include any time expended through questioning by the Board of either party's witnesses or additional direct or cross-examination of witnesses by the parties based on questioning by the Civil Service Board. EF. REPORTING THE HEARING. 1. HEARING BEFORE THE BOARD. The hearing shall be recorded by tape audiotape or a combination of audio and video, including a disc, tape, wire, film, electronic storage drive or other medium now existing or later developed, unless the Board determines in its discretion that recording of the hearing by a certified court reporter and preparation arise needed. In this event, the testimony shall be recorded by a certified court reporter. 2. TRANSCRIPT. If a hearing is recorded by a certified court reporter engaged in or appointed by the Board, and a copy of the transcript or testimony is ordered by the Board or a party, the testimony shall be transcribed and the original transcript filed with the papers in the proceeding. Copies of the transcript of testimony of any hearing thus reported may be purchased from the certified court reporter at the requesting party's own expense. 3. AVAILABILITY OF ELECTRONIC RECORDING. The Board does not prepare transcriptions for the public of hearings recorded electronically on Board equipment, but will arrange for a party in interest to have access to 1 1 1 1 1 1 1 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 19 the electronic recording. 4. RECORDING BY A PARTY. Subject to availability of space, any party in interest, at his/her own expense, may arrange for a certified court reporter to report the hearing from an electronic recording of the hearing. FG. EXHIBIT 1. REQUIREMENT FOR EXHIBITS. Exhibits of documentary character shall be of a size which does not unduly encumber the files and records of the Commission or Board. Except for maps and drawings, the sheets of each exhibit shall not be more than 8 1/2 inches by 14 inches and numbered. Exhibits shall be limited to facts which are relevant and material to the issue involved in the particular proceeding. 2. INTRODUCTION OF EXHIBITS. The original exhibit or a certified copy of ach exhibit offered shall be tendered to the presiding officer for marking. Exhibits (original or true and correct copy) shall be offered to the presiding officer for admittance in the record. One copy of the exhibit shall bo furnished for use of the opposing counsel or parties A copy of the exhibit shall be provided to each of the Board members, the Director of Human Resources or designee, and the opposing party/counsel. If the exhibit is admitted into evidence, the original or certified copy shall be made a part of the record of the proceeding, but leave may be granted to withdraw and substitute a copy therefore. 3. EXCLUDING EXHIBITS. In the event an exhibit has been identified, objected to, and excluded, the presiding officer shall determine whether the party offering the exhibit desires to withdraw the offer, and if so, shall permit the return of the exhibit to him/her. If the excluded exhibit is not withdrawn, it shall be given an exhibit number of identification and be included in the record for the purposes only of preserving the exception, together with the ruling thereon. 4. DOCUMENTS IN CITY FILES. Any matter of official record in the City's files and records, if material and relevant, may be incorporated by reference by parties in interest, if the matter is specifically identified at the hearing so as to put all parties on notice and if no party in interest is deprived of the material right of cross-examination. 5. ABSTRACTS OF DOCUMENTS. When documents are numerous, the presiding officer may elect to receive in evidence only those which are typical and representative and may require the abstracting of relevant data from the documents and the presentation of the abstracts in the form of an exhibit. However, before making this requirement, this—the presiding Civil Service Board Rules and Regulations July 13, 1999 2015 Page 20 officer shall see that all parties in interest who have made an appearance are given the right, upon request, to examine the documents from which the abstracts were made. 6. EXHIBITS OFFERED AFTER HEARING CLOSED. Unless authorized by the Board, a party may not file an exhibit as part of the proceeding after the hearing has been closed. The presiding officer shall provide the opportunity for interested parties to view any exhibit authorized to be filed by a party after the hearing has closed. 1 GH. ARGUMENTS AND BRIEFS 1 1 1 1 1 2. has committed a felony or a misdemeanor involving moral turpitude whether the employee has been indicted or found guilty in a criminal proceeding or not; 1. ORAL ARGUMENTS. Oral arguments may be allowed by the Board upon request by a party, but a reasonable time limit shall be fixed by the Board, with equal time given to each side. 2. BRIEFS. Prior to the closing of the hearing and upon request of the parties in interest, the Board may authorize the presentation submission of briefs. HI. ACTION AFTER HEARING CLOSED 1. At the conclusion of testimony and other oral arguments offered at a hearing before the Board, a hearing is ordered closed. The Board may then close the record or keep it open for the submission of briefs and exhibits. 2. In conformity with the Texas Open Meetings Law Act, the Board and members thereof, in the event a decision is postponed for the submission of briefs, or otherwise, will only discuss and consider this matter in open meeting after posting notice in conformity with State Law. 3. DECISION. The decision of the Board will be based on findings on the evidence presented. SECTION 5. CAUSES FOR DISCIPLINE The following shall be cause for disciplinary suspension, involuntary demotion or discharge termination against a classified employee, if, in the opinion of the disciplinary authority, the employee: 1. has been convicted of a felony or misdemeanor involving moral turpitude; 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 21 3. has willfully, wantonly, or through culpable negligence, been guilty of brutality or cruelty to an inmate or prisoner of a City institution or to a person in custody; 4. has violated any of the provisions of the City's code of ethics Code of Ethics or these Rules and Regulations; 5. has been guilty of public conduct that is prejudicial to the good order and effectiveness of the department, or the City or that such as to brings discredit on the public service; 6. has violated any City Policy, City Ordinance, departmental rule or regulation, or been insubordinate or failed to obey any lawful order or direction made or given by an officer employee superior to or in a supervisory capacity over the employee; 7. has been insubordinate; 7.8: Gconsumes alcohol, an illegal drug, or a legal drug being used improperly or has been under the influence of alcohol, drugs or other intoxicating substance while on duty;; in a City facility; on City property; while performing City business; in or while operating a City vehicles or equipment. 8. Ssells, purchases, transfers, or possesses an illegal drug or a legal drug improperly; while on City property; while in a City facility, while in or operating a City vehicle or equipment or while on duty 9. is offensive in conduct or language toward the public or City officials, officers, or employees, which interferes with or might reasonably be expected to interfere with the proper and orderly conduct of the City's business or brings or might reasonable reasonably be expected to bring discredit on the public service; 10. has committed any acts of dishonesty, which may include but is not limited to altering or falsifying official records or examinations; accepting, soliciting or making a bribe; lying to superiors or falsifying records with respect to official duties, including work duties, disciplinary actions, or has made a false statement Of report-ing of work hours order to obtain leave; 11. is incompetent. of inefficient, negligent or careless in the performance of the duties of his/her position, or fails to meet established standards of performance either qualitative or quantitative standards; 12. has excessive tardiness or excessive unexcused absences; 13. is so inefficient in the performance of the duties of his/her position that his/her Civil Service Board Rules and Regulations July 13, 1999 2015 Page 22 performance rating, kept in accordance with the rules of the Board, is unsatisfactory; 134. steals, or is careless or negligent with, property of the City; 146. threatens, harasses, assaults or batters any officer or employee of the City or any other member of the public 15. Efails to maintain satisfactory working relationships with co-workers, other City employees or the public; 167. takes any fee, gift or other thing of value in the course or in connection with his/her work for his/her personal use from any citizens; 176. has been induced, has induced, or has attempted to induce an officer or employee of the City to commit an unlawful act, or to violate any departmental or Board rule or regulation, or to disobey or fail to obey an order of direction by a superior officer; 189. has been absent from duty without leave, or has failed to call or notify his/her supervisor when unable to report for duty unless such failure to call or report is due to no fault of the employee, or has failed to report upon expiration or revocation of leave or when reason for leave has ended; 19. Engages in a strike, sabotage or work slowdown; 20. has been involved in any political activity prohibited by City Charter, Ordinance or published personnel policy; 21. has knowingly, singularly or in cooperation with others, wrongfully instructed another in respect to that person's right of examination; 22. has knowingly furnished any person being examined any special or secret information for the purpose of improving or injuring that person's performance on the examination; 23. has divulged confidential or otherwise confidential information to unauthorized individuals; 243. has made any false report, oral or written, with respect to his/her employment, or has knowingly falsified any government record or aided another in doing so; 254. has falsely maligned any other employee of the City, provided that this clause does not apply where the employee, in good faith, prefers charges against Civil Service Board Rules and Regulations July 13, 1999 2015 Page 23 another employee with the view of having the other employee brought up for the hearing before the proper tribunal of the City; 2526. has threatened to suspend, discharge, or demote, or adversely affect another employee for having filed a grievance, complaint or suggestion, or for having failed to take part in a voluntary program or benefit; 2627. has discriminates or harasses, usesd racially discriminatory or offensive language while on duty;toward an officer or employee or member of the public 27. has been guilty of neglect of duty; 278. Ffails to maintain licenses and certifications required by the position or fails to meet eligibility standards in order to perform the essential functions of the position; 2829. has misrepresented his/her physical condition, or work capacity, or disability; 2930. has a permanent injury, illness or disability such that they are no longer able to performance the essential functions of their position with a reasonable accommodation. 30129. has acquired an interest in any contract with the City; 3420. has been discovered to have been disqualified at the time of appointmentselection; 3234. has engaged in any activity or refrained from any action so as to bring discredit upon the City or the public service; 3342. fails to report to the City's designated Physician or other medical practitioner required by written instruction from a Department Head Director, or designee or as directed in writing by the City's designated Physician; 3458. violatesion of any published safety rule promulgated or approved by the Department of Risk Management Division; - 36. any other just cause including the good of the service. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 24 ARTICLE V TEMPORARY AND PART-TIME EMPLOYEES 1 SECTION 1. TEMPORARY EMPLOYEES GENERALLY 1 An employee hired for a fixed term, or to perform a specific task, has no Civil Service status under the Civil Service Board Rules and Regulations and may be terminated at will at any time during the temporary period of employment. SECTION 2. PART-TIME EMPLOYEES Part-time employees shall be treated in the same manner as regular employees for purposes of these rules and regulations Rules and Regulations except that in calculating the probationary period actual hours of work equal to the hours required of full-time employees to fulfill the -probationary period, as provided for in Article III, Section 3, must be accumulated by the part-time employee. For the purposes of this Section, 177.33 173.33 hours are equal to one month of work. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 25 ARTICLE VI PROMOTIONS, VOLUNTARY REASSIGNMENTS, LEAVES OF ABSENCE, RESIGNATIONS AND GRIEVANCES SECTION 1. PROMOTION Promotions within the City shall be based on efficiency, job-related knowledge and experience, job performance, character, conduct and seniority. Vacancies not filled by reasonable accommodation, alternate assignment, transfer, reinstatement or reduction in force shall be filled on the basis of merit and other appropriate factors. No promotion from one position to a higher one or to a position paying a higher salary shall become final until the person employee promoted has demonstrated fitness by satisfactorily completing satisfactorily completed the a six (6) month probationary period in the new position. as set out in Article III, Section 3. If the employee promoted does not satisfactorily complete the probationary period, he/she will be placed back in his/her former position if it is still available or placed in another position that is comparable in status and pay to his/her former position. If the disciplinary authority decides to terminate or suspend the employee promoted, then the due process steps set out in Article IV must be followed. SECTION 2. VOLUNTARY REASSIGNMENT The voluntary reassignment of an employee to a lower graded position with or without a corresponding reduction in pay as a reasonable accommodation under the Americans With with Disabilities Act is not a demotion and is not appealable to the Civil Service Board. SECTION 3. TRANSFERS Transfers may be made as follows: A. from one position to a similar position of the same class classification and; grade and character of work within a Department; B. from a position in one Department or Division to a similar position of the same class classification or grade or lower, in another Department or Division, providing the Heads Directors of the two Departments or Divisions and the employees shall concur, or, in case of conflict, by decision of the City Manager or designee; C. transfers shall not be allowed where the employee does not meet the minimum job qualifications for the position to which transfer is being Civil Service Board Rules and Regulations July 13, 1999 2015 Page 26 considered and cannot safely and fully perform the essential functions of the position, even with reasonable accommodation if required by the Americans With with Disabilities Act. SECTION 4. LEAVES OF ABSENCE The Department Head Director shall immediately file notice with th-e—D-ifeetefthe Director of Human Resources of any authorized leave of absence granted and shall again give notice upon termination of leave and the employee's return or failure to return. SECTION 5. REINSTATEMENT AFTER LEAVE employment pursuant to City Policy. SECTION -6 5. REDUCTION IN FORCE Whenever the budget adopted by the City Council makes it necessary to reduce the workforce, such reductions will be based on operational impact pursuant to City Policy. basis. In selecting positions to be eliminated, emphasis shall be placed upon departmental needs in carrying out assigned public service duties that will result in a minimum impact on service delivery. Employees who are holding positions targeted for reduction in force will be given preference in filling vacancies, which result in being laterally transferred or in a voluntary demotion. To be considered, individuals must meet the minimum qualification of the applicable position. The selection of incumbents in if generally available in all City departments. To determine who gets the placement opportunity, seniority and performance ratings will be used, if such evaluations are generally available city wide and exist for applicable employees. For the purpose of this Rule the Reduction in Force policy, seniority is defined as continuous uninterrupted within twelve (12) months following the date of the reduction in forc 6.7 SECTION -7 6. RESIGNATION A. VOLUNTARY. Notice of voluntary resignation of a classified employee shall be filed with the Director of Human Resources, with a copy of the resignation, if in writing, signed Civil Service Board Rules and Regulations July 13, 1999 2015 Page 27 by the employee and approved accepted by the Department Head Director, or designee and when appropriate, by the -City Manager; or designee the City Managcr's designee. B. AUTOMATIC. Employees who are absent for three (3) consecutive working days without prior approval to take leave, or when leave has been denied, or without contacting their supervisor regarding that absence, will be considered by the City and the Board to have resigned. The employee shall be given written notice of such Written notice of such shall be mailed by regular U.S. mail and certified mail, return receipt requested to his/her the employee's last known address as shown noted in the employee's file in - •• . • ' - e . - ' - e e the Human Resources Department. SECTION 8-7. GRIEVANCES An internal grievance procedure for issues concerning wages, hours of employment, or conditions of work shall conform to the procedure established by the City Manager. The City Manager shall establish _an in house internal grievance process procedure for issues not limited to, Matters that are not •rievable include but are not limited to appointment reduction in force, voluntary and automatic resignations, performance ratings ppraisals, reasonable accommodations made pursuant to the Americans With Disabilities Act, and classification and compensa tion. Such grievances Grievances are not subject to appeal and review of by the Civil Service Board. 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 28 ARTICLE VII PERFORMANCE EVALUATION -APPRAISAL SECTION 1. Performance Evaluation Appraisal Policy Performance cvaluation appraisals shall be required and conducted in conformance with a City Policy as directed by the City Manager. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 29 The Performance Evaluation Report shall be filled out in its entirety before being signed by the rated employee. Performance appraisals, as with letters of counseling or City's in house grievance process, except that an employee has the right to submit a written rebuttal on his/her Performance Evaluation Report _to the Director of Human ._ • • • official personnel file maintained in thc Human Resources Department. completed Performance Evaluation Report_ shall be provided to each employee for his/her personal records. SECTION 2. Minimum Performance Evaluation Appraisal Rating Requirements A. Probationary employees will be required to be initially evaluated at 3 months and again before thc cnd of 6 months from date of hire for designated six month probationary periods, and quarterly for positions with designated 12 month probationary periods. Extension of a probationary period, as provided in Article III, Section 3, Probationary Period, will require follow up evaluations appraisals qach month of thc extended period. More frequent evaluations appraisals, as determined by the department head Department Head, may be conducted whenever justified by performance shortcomings deficiencies. B. Employees who have successfully completed their designated probationary period will be required to have a minimum of one performance evaluation assraisal ch fiscal y r. The anniversary date for non probationary employees will be as defined in the City Manager's Performance Evaluation Policy. More frequent evaluations appraisals, as detcrmined by the department head Department Head, may be conducted whenever justified by performance shortcomings deficiencies. Section III. Inspection of Performance Evaluation _Records Performance ratings shall be subject to inspection only by the Board, City Manager, or the City Manager's Designee, Legal Department, Department Head and/or Assistant designee. ARTICLE VIII DUTIES OF THE HUMAN RESOURCES DIRECTOR THE DIRECTOR OF Civil Service Board Rules and Regulations July 13, 1999 2015 Page 30 HUMAN RESOURCES SECTION 1. DUTIES It shall be the duty of the Director of Human Resources, who is secretary of the Civil Service Board, to keep the minutes of all proceedings of the Civil Service Board and have charge of and be responsible for the safe keeping of the books, records, and papers in its office; . It shall also be the duty of the Director of Human Resources to making make such certification for those eligible for appointment or employment as the Civil Service Board may direct, maintain efficient records, prepare or supervise the preparation of all examinations and such other duties as the Civil Service Board may designate, or as may be necessary, not inconsistent with the Charter of the City of Corpus Christi. SECTION 2. REPORTS REQUIRED FROM APPOINTING AUTHORITIES TO DIRECTOR OF HUMAN RESOURCES DIRECTOR HiringAppointing authorities shall make prompt and complete reports to the Director of Human Resources on the following matters: a. Appointments, whether full-time, part-time, temporary, or emergency permanent. b. Reinstatement appointments c. —Transfers d. Leaves of Absence e. Suspensions f. Removal from the service, and the cause of such removal,—whether resignation, discharge termination or reduction in force, g. Change in compensation h. h. h . Creation or abolition of any office or place of_ employment - i. —Any material changes in the duties of an officer or_ employee, or in 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 31 _I• the organization of departments, Allother information found needful necessary by the Civil_ Service Board in the performance of its duties and —completion of any of its various records, Every record shall contain the affected employee's name and address City employee identification number e • - - • _ - - - e, together with the date upon which the action takes effect, and such other facts and information as will make it possible for the Civil Service Board to maintain a complete and correct record. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 32 ARTICLE IX MISCELLANEOUS PROVISIONS SECTION 1. DISCRIMINATION The City shall not engage in unconstitutionally discriminatory employment practices. Information regarding suspect classifi--cations gathered by the City for statistical and Affirmative Action equal employment purposes will not be considered or used except as authorized by law. SECTION 2. RECORDS All names of applicants, examination papers and questions, and certificates must be filed in the Human Resources Department and kept not less than three years, unless otherwise required. Medical information shall be kept in confidential files separate from employee Human Resources records. SECTION 3. CHANGE OF RULES These rules may be amended, repealed, or supplemented by the Civil Service Board at any time and new rules adopted by majority vote of the Board. Such changes shall not become operative until approved by the City Council. SECTION 4. MEETING A. The Civil Service Board shall meet as often as necessary and/or upon call of two members, giving notice at least seventy-two hours in advance to the third member. Notice of meetings shall be posted in conformity with state law. B. In any investigation or hearing conducted by the Board, it shall have the power to subpoena and require the attendance of witnesses and the production of documents pertinent to the investigation and to administer oaths to such witnesses. C. Any witness fees for non -City employees shall be paid by the party calling such witnesses. SECTION 5. CLASSIFICATION AND COMPENSATION Civil Service Board Rules and Regulations July 13, 1999 2015 Page 33 Classification and Compensation shall be established by authority provided through tho City _ _ _ . _ _ " _ - Ordinance. SECTION 6. PUBLIC INFORMATION The City Secretary shall be designated as the Public Information Coordinator for the Civil Service Board. Revisions through July 13, 1999 C:\My Documcnts\civil serv. board\CSBRULES.doc H:\RES DIR\SHARON\Civil Service Board Rules 5 2001\CSBRULES.doc May 2, 2001 Civil Service Board Rules Revised August 2015 Article III, Selection Section 4 — Classified Employee — Section 39-304 of the City's Code of Ordinances Article IV — Disciplinary Suspension, Involuntary Demotions, Terminations, and Appeals Section 3 — Appeal B. Discovery - Subpoena allows the Board to issue subpoena and order discovery in an investigation or hearing. Employee or legal representative may request subpoena for witnesses or documents within 10 days of hearing. C. Submission of Docket Control — docket control submitted within 5 days of appeal and can be amended within 10 days of appeal. Director of Human Resources will notify all parties of available submissions. A party may object to witnesses or documents not submitted in compliance with the rule. D. Prehearing — either party may request a prehearing before the Board to rule on relevance and admissibility of evidence or testimony. E. Hearing — hearing scheduled within 30 calendar days of appeal. G. Decision — delete vote, all members to be present for meeting to be conducted. L. Failure to Appear — failure of an employee to appear for a hearing without providing notice, will be considered a waiver of appeal. Section 4 — Conduct of Hearings A. All members of the Board must be present to conduct hearing. C. Order of Conducting Hearings — order of proceedings and presentations. 6. No rebuttal by City representative after closing statements from both parties. D. General Procedure 2. Remove language "invoking the rule" E. Evidence of Parties - #6 Time limits for presentation from both parties. Limited to 120 minutes for each party. Section 4- Causes for Discipline — Rules edited or new — 5. additional language — no significant changes 6. additional language — no significant changes 7. consumes alcohol, an illegal drug, or a legal drug used improperly — more specific language pertaining to being under the influence of drug or alcohol. 8. sells, purchases, transfers, or possess an illegal drug or a legal drug improperly while on City property; while in a City facility, while in or operating a City vehicle or equipment or while on duty — more specific language to include city property 10. has committed any acts of dishonesty, which may include but is not limited to altering or falsifying official records or examinations; accepting, soliciting or making a bribe; lying to superiors or falsifying records with respect to official duties, including work duties, disciplinary actions, or false reporting of work hours — more specific language pertaining to making a false statement. 11. additional language — no significant changes. 15. fails to maintain satisfactory working relationships with co-workers, other City employees or the public — new 19. engages in a strike, sabotage or work slowdown — new 23. has divulged confidential information to unauthorized individuals — new 27. additional language — no significant changes 28. fails to maintain licenses and certification required by the position or fails to meet eligibility standards in order to perform the essential functions of the position — new 30. has a permanent injury, illness or disability such that they are no longer able to perform the essential functions of their position with a reasonable accommodation — new 36. any other just cause including the good of the service - new Article VI — Promotions, Voluntary Reassignments, Leaves of Absence, Resignations and Grievances Section 1 — Promotion — No promotion from one position to a higher position will be considered final until the employee has satisfactorily completed a 6 month probationary period in the new position. Article VI — Promotions, Voluntary Reassignments, Leaves of Absence, Resignations and Grievances Reference establish City Policy only and eliminating procedures. Procedures are subject to changes as we are continuing to improve and automate this process. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 27, 2015 Second Reading for the City Council Meeting of November 10, 2015 DATE: June 18, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Ordinance authorizing the City Manager to execute a use privilege agreement with the Tuloso-Midway Independent School District located at 2653 McKinzie Road CAPTION: Ordinance authorizing the City Manager to execute a use privilege agreement with the Tuloso-Midway Independent School District ("Permittee") to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive public street right-of-way, located west of McKinzie Road public right-of-way, subject to the Permittee's compliance with specified conditions. PURPOSE: The purpose of the use privilege agreement is to allow Tuloso-Midway Independent School District the ability to provide restroom services to the Tuloso-Midway Agricultural Complex restroom facilities, located at 2653 McKinzie Road. BACKGROUND AND FINDINGS: Tuloso-Midway Independent School District ("Permittee") desires to install, operate, maintain, and remove a private eight -inch PVC wastewater sewer main ("Wastewater Line") across the Haven Road Drive public street right-of-way. The wastewater sewer main being installed will be crossing approximately 128 linear feet of the Haven Drive public street right-of-way. The private 8 -inch sanitary sewer line authorized by this Agreement is strictly limited to providing sanitary sewer service to the Tuloso-Midway Independent School District facilities, in the Use Privilege Area. Staff recommends that the Permittee pay a one-time payment of $900.00 for the use privilege agreement, for the use of the Haven Drive public street right-of-way. Permittee must comply with all the specified conditions of the ordinance within 180 days of Council approval. ALTERNATIVES: Deny the request of a Use Privilege Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. Ordinance 026217, Section 3. Section. 49- 61. Fees for use of public ways by unauthorized pipelines. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $900.00 $900.00 $900.00 BALANCE $900.00 $900.00 $900.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of $900.00. b. The Permittee's use of the private eight -inch PVC wastewater sewer main is strictly limited to serving the Permittee's Tuloso-Midway Agricultural Complex restroom facilities on Haven Drive. Permittee may not provide wastewater service through the wastewater sewer main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the eight - inch PVC wastewater sewer main are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Ordinance authorizing the City Manager to execute a use privilege agreement with the Tuloso-Midway Independent School District ("Permittee") to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive public street right-of-way, located west of McKinzie Road public right-of-way, subject to the Permittee's compliance with specified conditions. WHEREAS, Tuloso-Midway Independent School District ("Permittee"), desires to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive public street right-of-way, located west of McKinzie Road public right-of-way; WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires to extend, a one-year term use privilege agreement ("Agreement"). At the end of the initial term, this Agreement renews automatically, in order to accomplish the purpose and use intended by the Permittee within the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee's compliance with the specified provisions of the Use Privilege Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee ("City Manager"), is authorized to execute a one-year term use privilege agreement ("Agreement"). At the end of the initial term, this Agreement with the Tuloso-Midway Independent School District ("Permittee") renews automatically, to allow the Permittee to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive public street right-of-way, such Agreement at all times subject to the Permittee's compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittee's compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of $900.00. b. The Permittee's use of the eight -inch wastewater sanitary sewer main is strictly limited to serving the Permittee's Tuloso-Midway Agricultural Complex restroom facilities. Permittee may not provide wastewater service through the eight -inch wastewater sanitary sewer main Page 1 of 2 to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the eight -inch wastewater sanitary sewer main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the eight -inch PVC wastewater sewer main are the sole responsibility of the Permittee. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 USE PRIVILEGE AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This use privilege agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, and the Tuloso Midway Independent School District ("Permittee"), a Texas public school district and property owner of 2653 McKinzie Road, Corpus Christi, Texas, whose business address is 9760 La Branch, Corpus Christi, Texas, 78410. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a one-time payment of Nine Hundred Dollars ($900.00) paid by Permittee, the receipt of which for the initial year is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Permittee, for the term and upon the conditions stated in this Agreement, a use privilege for the right to install, operate, maintain, repair, and remove approximately one hundred and twenty eight linear feet (128 L.F.) of a private eight -inch PVC sanitary sewer line ("Wastewater Line") with a steel casing across the Haven Road public street right-of-way, as shown in Exhibits "A" (Location Map) and "B" (Plan View and Profile View). Exhibits "A" and "B" are attached to this Agreement and incorporated into this Agreement by reference as if fully set out herein in their entirety. The area in which the use privilege is granted for the location of the Permittee's Wastewater Line is referred to in this Agreement as the "Use Privilege Area." TO HAVE AND TO HOLD the same use privilege granted unto Permittee, its successors, and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described Use Privilege Area to install, operate, maintain, repair, or remove Permittee's Wastewater Line, and being further understood that the use privilege granted by this Agreement is subject to the Permittee's compliance at all times with the following conditions, the City and Permittee agree as follows: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Permittee not less than 30 days notice in writing by the City's City Manager, or his designee ("City Manager"). In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Permittee. B. This Agreement is for a term of one (1) year from the date executed by the City. At the end of the initial term, this Agreement renews automatically unless the Permittee or the City provides written notice of intent not to renew It, 401-t to the non -terminating party at least 60 days before the end of any annual term. C. This Agreement may not be assigned by Permittee without the City Manager's prior written consent. D. The Permittee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the Use Privilege Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit "C," the substantive content of Exhibit "C" being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Permittee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's written request, Permittee shall provide copies of all requested insurance policies to the City's City Attorney. E. Should construction be deemed necessary by Permittee in the Use Privilege Area, construction plans and specifications for all proposed work shall be submitted in advance by the Permittee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Permittee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. F. Prior to the start of any approved construction, Permittee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "C." Additionally, Permittee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Permittee has provided indemnification to the City pursuant to this Agreement. G. Permittee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Use Privilege Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Permittee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800- 669-8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Permittee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: t o 41-2_ • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. I. Any construction process and use of the Use Privilege Area by Permittee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Permittee shall pay for removing or relocating the private wastewater line in the Use Privilege Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Permittee shall repair the Use Privilege Area to its original condition or cease to use the Use Privilege Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Permittee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Permittee require a trench, pit, or similar excavation be dug during approved construction, the Permittee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Permittee shall allow the City immediate access to the Use Privilege Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Permittee within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Permittee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three -hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Use Privilege Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Permittee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. The parties acknowledge that the Wastewater Line is not owned by the City. At any and all times Permittee shall be solely responsible for the repair and maintenance of the Wastewater Line and Use Privilege Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the Wastewater Line or Use Privilege Area, regardless of the type of damage, Permittee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. 0. Permittee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Wastewater Line and Use Privilege Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Permittee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and ID 401-4 other excavations, including bore pits, shall be barricaded by the Permittee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Permittee according to current City standards and specifications and as required by a City inspector. R. Use of the Wastewater Line authorized by this Agreement is strictly limited to providing service to the Tuloso Midway High School Agricultural Complex restroom facility, located at 2653 McKinzie Road, in the Use Privilege Area. Permittee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater Line, or at any facilities within the City other than the building facilities specifically included in this Agreement without first obtaining a franchise or other required approval from the City. The Permittee' use of the eight -inch wastewater sanitary sewer main is strictly limited to serving the Permittee's Tuloso Midway Agricultural Complex restroom facilities. Permittee may not provide wastewater service through the eight - inch wastewater sanitary sewer main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the eight -inch wastewater sanitary sewer main to any facility whether owned by the Permittee or by another person or entity. All costs incurred to install, operate, maintain, repair, and remove the eight -inch PVC wastewater sewer main are the sole responsibility of the Permittee. S. INDEMNIFICATION. Intentionally left blank. T. 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 signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Permittee: If to the City: IP 1-101-5 Tuloso 01- Tuloso Midway Independent School District 9760 La Branch Corpus Christi, TX 78410 City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Permittee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "D." Completed versions of Exhibit "D" by the Permittee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. X. This instrument, including exhibits, constitutes the entire agreement between the City and the Permittee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Permittee and approved as required by City law. Y. Any payments due by the Permittee pursuant to this Agreement will be made from current revenue available to the Permittee. IIN 401-6 EXECUTED IN DUPLICATE this n day of ft-ir.-- , 20 t . TULOSO MIDWAY INDEPENDENT SCHOOL DISTRICT 4_t . 'Aka -to 29//7,2e9/5 Date President Board of Trustees ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES Thinstrument was acknowledged before me on —�` /? ► , 2015, by ie A • , President, Board of Trustees, Tuloso Midway Independent School District, a Texas public school district, on behalf of the district. Notary Public's Signatul'� �'""H `'►. MARTA IRENE CHAVEZ ri: ` '= MY COMMISSION EXPIRES *" '` September26, 2016 ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Daniel M. Grimsbo, P.E. Director, Development Services Department Approved as to legal form: , 2015 Julian Grant Senior Assistant City Attorney for the City Attorney STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2015, by Daniel M. Grimsbo, P.E., as Director, Development Services Department, of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. 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N..) ...... ...... 44 14 . .1.... , .. 4 . .42. r / /"' •, ...CC,'-- 4-.. i ,/,e,/,..,,,,,, I) 4 VP ' --- --/-.... ...V.N..,,/ , ,... ,...;,..., ..-, .. .-/ ...., ...„.... i,..... - r .73-r t? C E .... . . '41:1_1‘ , .,::?.... ,,,...- 0. • - ...- I ,N ° t44 C'!i let. ,,' N.,/ .....k .• . 4 ie ,i7/ 4::/ ,. , .7 e; .,' 1:, Is. t,4-4'..,/ lij , '7,7:„.""•TE , 2: 3. ,ri r. AID c • .L..., --.. ...e.... ‘,..- ! .- z • ;II r ) 'It. ‘1/4V ,07 4;k:" PI 3 ; • u 71 LS • ''....L.-:' l'::?1 t!W e a 4' Ls - )z* 1 h •4‘ - LOCATION MAP USE PRIVILEGE AGREEMENT - TULOSO MIDWAY PRIVATE SANITARY SEWER LINE (HAVEN DR.) 1• - 3W N • I;1 All 3lfS.1i01H310 hw: Srdg: S1N3113A0Yd11 A11111f1 31151 0 AVM010 OSOIfl' - Y31d003mini-102040v 11 il;'st I . .t'' • ••r it i', Irl I :c_I rJ ✓ �, _ :... - -.r. 'f `r Ih irk ..„1,41.70::: ce+ } Yi lclip:::. ili .........::,.. , _......_ M s ..."j,---,-4.,....1- ;:,...•- � •' S .1,.....-- J I. ."\-....- `� �I `. - \ -,ISN -.. 1- !s 0 r� • fl 1 dot .01• c '401.,o EXHIBIT B-1 Oa-nVIS 0100 ViS 31dOdd B Mid Gr.). I1SIxM3Srlab': SIH31T]AOtld1TI A11111f1111SiiO ATMOIM OSO1f11 - [31d1103 1Vkf11in3tunY u1 • .1 .til t i i :4r 1 f• ' "'1; r= i• Lr 00.9 V1s • 31enH71VYf 0 8 •1- 4 n P • F uu 4 I J •MMC. OO+i VIA • 3H11H71TfT : II i�• it is 1 � 4, • qa*$ Y1I • 3HI1H71Y$1 Ib 46L -Il EXHIBIT B-2 EXHIBIT C INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Development Services one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises Operations 3. Products:' Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Adv ertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (AIl States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000:$500,0001500,000 PROPERTY INSURANCE Contractor is responsible for insuring all owned, leased and rented personal property. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11 401 -it. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. IA 4or-13 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Development Services UPA Tuloso Midway ISD Sanitary Sewer Line Project 2 13: 2015 ds Risk Management LA 1101-19 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Chrisb ordinance 17112, as amended, requires all persons or fines 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". FIRST NAME: STREET; CITY: ZIP: FIRM IS: 01. Corporation 02. Partnership 03, Sole Owner 04. Association 05 Other DISCLOSURE QUESTIOMS 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 Ytrrn Name Job Title and City Department (if known) 2 State the names of each 'official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named 'firm'_ Name Title 3 State the names of each "board member' of the City of Corpus Chnsti having an 'ownership interest" constituting 3% or more of the ownership in the above named 'firm' Name Board, Commission, or Committee 4 State the names of each employee or officer of a 'consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest' constituting 35 or more of the ownership in the above named 'firm' Name Consultant I certify that all information provided is true and disclosure of any Information requested; and Corpus Christi, Texas as changes occur. Certifying Person. 4 L /Hum (Type or Print) Signature of Certifying Person ZD 401 -Is" CERTIFICATE correct as of the date of this statement, that 1 have not knowingly withheld that supplemental statements will be promptly submitted to the City of 4e X14. Title: t oo- -d lien, Date g// 7A/ S EXHIBIT D Use Privilege Agreement - Tuloso- Midway Private Sanitary Sewer Line (Haven Dr.) N 1 Use Privilege Agreement - Tuloso- Midway Private Sanitary Sewer Line (Haven Dr.) N AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 27, 2015 Second Reading Ordinance for the City Council Meeting of November 10, 2015 DATE: September 24, 2015 TO: Ronald L. Olson, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB ancctexas.com (361) 826-3356 Authorizing Tax Increment Reinvestment Zone #3 to Expend Funds and Approve Reimbursement Agreements. CAPTION: Ordinance authorizing the Tax Increment Reinvestment Zone #3 Board ("Board") to approve expenditure of funds and reimbursement agreements in accordance with the TIRZ #3 Project and Financing Plan ("Project Plan"). PURPOSE: The purpose of this item is to authorize the TIRZ #3 Board to approve expenditure of funds and Reimbursement Agreements, in order to implement the Project Plan. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created TIRZ #3 in the City's downtown. On August 25, 2015 the Council approved the Project Plan by ordinance. To implement the Project Plan, we are establishing a new set of processes that require teamwork, flexibility and continuous refinement. Approval of the Project Plan has generated increased interest in downtown investments. Based on feedback from the private sector, it is clear that in order to accomplish the goals of the Plan, we need to keep the process succinct, simple and clear. Currently, any reimbursement agreement or expenditure of funds would require approval at three meetings; one TIRZ #3 Board and two Council Meetings. Since Council members are on the TIRZ #3 Board, they see the same item three times. We have an opportunity to create another critical path by asking Council to authorize the TIRZ #3 Board to approve agreements and expenditure of funds. Chapter 311 of the Tax Code gives a Reinvestment Zone Board the authority to approve agreements and expend funds to implement the Project Plan, if authorized by the municipality. When TIRZ #3 was conceived, these authorities were not delegated. However, based on the complexity of scheduling, the possible extended timeline these approvals would require and the amount of administrative work that is necessary to prepare multiple agenda items, we are requesting to have this authorization re -considered. Additionally, since activation of TIRZ #3 is being undertaken with no additional staff, streamlining administrative workload by delegating approval authority to a single body will increase efficiency and ensure this effort makes progress in a timely manner. We have developed the TIRZ #3 Reimbursement Agreement Template (attached), so that the authority to approve reimbursement agreements is limited to the form approved by the Council. ALTERNATIVES: The Council could decide not to authorize the TIRZ #3 Board to approve expenditure of funds or reimbursement agreements. OTHER CONSIDERATIONS: The TIRZ #3 Board approved a resolution in support of this action on October 20, 2015. CONFORMITY TO CITY POLICY: Conforms with the Tax Code and City Charter. EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Downtown Management District Tax Increment Reinvestment Zone #3 Board FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP oCIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance — TIRZ #3 Board Approval Authorization TIRZ #3 Template Reimbursement Agreement ORDINANCE AUTHORIZING THE TAX INCREMENT REINVESTMENT ZONE #3 BOARD TO APPROVE EXPENDITURE OF FUNDS AND APPROVE REIMBURSEMENT AGREEMENTS IN ACCORDANCE WITH THE PROJECT AND FINANCING PLAN WHEREAS, on December 16, 2008, the City Council of the City of Corpus Christi (the "City Council") approved Ordinance 027996 (the "Creation Ordinance") establishing Tax Increment Reinvestment Zone Number Three, City of Corpus Christi, Texas (TIRZ #3) in accordance with the Tax Increment Financing Act, as amended (Texas Tax Code Chapter 311) to promote development and redevelopment in the area through the use of tax increment financing; WHEREAS, TIRZ #3 is governed by a Board including City Council members and a single representative from Nueces County and Del Mar College (the "Board"); WHEREAS, on August 25, 2015, after a long hiatus due to a period of recession, the City Council approved the Project and Financing Plan (the "Plan") for TIRZ #3, pursuant to the Creation Ordinance; WHEREAS, the Creation Ordinance limits the powers of the Board to those powers expressly delegated to it by the City Council; and WHEREAS, both the City Council and the Board desire to implement the Plan and establish an effective reimbursement program with the City as agent for the TIRZ #3 and the Board as the authorizing body, which will maximize the efficiency and timeliness of approval of projects improving the economic health of the downtown area of the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. Expenditure of Funds. The Board is authorized to approve the expenditure of funds necessary to implement the current approved Plan, both now and in the future, until that authority is revoked by the City Council; SECTION 2. Reimbursement Agreements. The Board is authorized to allow the City Manager or his designee to enter into Reimbursement Agreements ("Agreements"), in substantially the form attached to this ordinance as Exhibit A, with the Developer of each Qualifying Project. All Agreements shall be subject to the approval of the Board if the project in an Agreement meets the criteria of the Creation Ordinance, the Plan, this Ordinance, and the current project guidelines for TIRZ #3. Changes in the attached form of an Agreement may be allowed if the Board determines that the alteration is commercially reasonable under the particular circumstances, but no Agreement may be modified to create a program that is not authorized by the Plan and Creation Ordinance; and SECTION 3. Administration. Upon Board approval under Sections 1 and 2, City Staff is charged with implementation and administrative duties, in coordination with the Corpus Christi Downtown Management District. 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 Brian Rosas Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor DOWNTOWN DEVELOPMENT REIMBURSEMENT AGREEMENT This Downtown Development Reimbursement Agreement (the "Agreement") is entered into between the City of Corpus Christi, Texas (the "City"), as the agent of the Corpus Christi Tax Increment Reinvestment Zone #3 ("TIRZ #3"), and (the "Developer"). Recitals WHEREAS on December 16, 2008, the City Council of the City (the "City Council") approved Ordinance 027996, which established the TIRZ #3 in accordance with Texas Tax Code Chapter 311. TIRZ #3 promotes economic development and stimulates business and commercial activity in its downtown Corpus Christi area (the "Zone"); WHEREAS on August 25, 2015, the City Council approved a Project and Financing Plan (the "Plan") for TIRZ #3; WHEREAS the Board of Directors of TIRZ #3 (the "Board") includes members of the City Council in a non- public -official capacity, as well as a representative from each Nueces County and Del Mar College, who have committed to contribute to TIRZ #3 through Interlocal Agreements created in 2009 and amended in 2012; WHEREAS the Corpus Christi Downtown Management District ("DMD") assists the City with administration of TIRZ #3, recommends projects and recommends a DMD representative to be appointed to the Board through an Interlocal Agreement; WHEREAS on , the City Council approved Ordinance , which amended Ordinance 027996 and authorized the Board to approve agreements in this form, to be entered into by the City, as the Board considers necessary or convenient to implement the Plan and achieve its purpose; WHEREAS the Plan contained certain programs designed to improve conditions and increase commerce within the Zone; WHEREAS the Developer has proposed a development plan (the "Development") for the certain improvements listed on attached Exhibit A (each, an "Improvement" and, collectively, the "Improvements"). The Improvements are planned to be constructed on the property located at [ADDRESS], with such property being more fully described on attached Exhibit B (the "Property"). The Property is located within the Zone, and the Improvements fall within one of the programs approved in the Plan; WHEREAS the Development concept has been refined through cooperation between the Developer, the City and the DMD to meet the desired goals of revitalization within the Zone and serve a public benefit; WHEREAS any reference to "City" or "City Staff," is entirely in agency capacity for TIRZ #3, and further the City as a home -rule municipal corporation is not a party to this agreement; and WHEREAS the Developer desires to be reimbursed for certain future costs incurred pursuant to the Development, and TIRZ #3 desires to reimburse the Developer for these costs in accordance with this Agreement; 1 Agreement Now therefore, in consideration of the mutual covenants and obligations, the parties agree as follows: Section 1. Reimbursement Obligations. The City shall reimburse the Developer from available TIRZ #3 funds in an amount up to the estimated project cost listed next to each Improvement in attached Exhibit C (the "Estimated Project Costs"), except that (a) the total amount of such all such reimbursements for the Development may not exceed $ and (b) if the Developer actually incurs a cost for an Improvement less than that Improvement's Estimated Project Cost, the City shall reimburse the Developer for only the amount of the cost that the Developer actually incurred for that Improvement. Based on qualifications of the Development, the Program reimbursement structure is as follows (only the Programs pertaining to the Development will be included in an actual Agreement): (a) Chaparral Street Property Improvement Grant Program: (1) 50/50 Match of Approved Expenses (Up to 70/30 may be considered on case -by case basis) (2) Improvements must be permanent (b) New Tenant Commercial Finish Out Grant Program: (1) $10 Per Square Foot (2) Improvements must be permanent, semi-permanent improvements or fixtures (c) Downtown Living Initiative (minimum of 10 units must be built in order to qualify): (1) $10,000 Per Unit (d) Project Specific Development Agreement: (1) Beginning the year after the Developer receives a Certificate of Occupancy ("C of 0") for the Improvements from the City's Development Services Department, the City shall reimburse annually up to 75% of the property taxes paid on the Improvements to the participating taxing entities in TIRZ #3, for the 10 year period established in Exhibit A. (2) Each such payment shall be made no later than 30 days following the Developer's submittal of a valid Request for Reimbursement (3) After City has paid to Developer an amount equal to all of the Project Costs, City shall have no further obligation to pay any amount to Developer. (4) No interest shall accrue on any amount of unreimbursed Project Costs, and City shall not be obligated to pay Developer any interest whatsoever under this Agreement. Section 2. Conditions for Reimbursement. The City shall reimburse Developer in accordance with Section 1 only if the following conditions are fulfilled: (a) The Developer constructs all of the Improvements on the Property on or before (the "Completion Date") in accordance with Exhibit A and the City's building codes and policies. (b) The City's Development Services Department issues a C of 0 for the Improvements. (c) Within 60 days of the issuance of C of 0, the Developer submits a Request for Reimbursement for actual Project Costs, in the form contained in Exhibit D, including: (i.) C of O; 2 (ii.) specific improvements completed under the Project and the amount of money that Developer paid for completion of such work and that Developer claims as actual Project Costs; (iii.) supporting documents demonstrating that such amounts were actually paid by Developer, including but not limited to invoices, receipts and final lien waivers signed by the general contractor; (d) Appropriate City Staff has inspected the Improvements and certifies that the Improvements are complete, acceptable, and comport to the terms of this Agreement. (e) Upon acceptance by City Staff, Request for Reimbursement form is reviewed and approved by the Board. Section 3. Audit Developer will also make available for inspection by designated City Staff all financial and business records of Developer that relate to the Project, in order to assist City Staff in verifying the Developer's compliance with the terms and conditions of this Agreement. TIRZ #3 shall have the right to have these records audited. Section 4. Maintenance of Improvements. If the Developer constructs the Improvements, the Developer shall maintain the Improvements, premises, and adjacent public right of way in good condition and so as to not contribute to blight in the Zone. The Developer's obligation to maintain the Improvements and public right of way adjacent to the Property, includes without limitation, maintaining the landscaping, sidewalks, aesthetics, and general cleanliness of the premises. Section 5. Termination. Unless sooner terminated in accordance with this Section, this Agreement shall survive the expiration of TIRZ #3. If the Developer has not fully complied with Section 2 Conditions for Reimbursement by the Completion Date, this Agreement shall terminate immediately, unless mutually agreed to in writing in accordance with Section 16. Section 6. Warranties. Developer warrants and represents to City the following: (a) Developer, if a corporation or partnership, is duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. (b) Developer has the authority to enter into and perform, and will perform, the terms of this Agreement. (c) Developer has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed, and has timely paid and will timely pay all assessments, fees, and other governmental charges, including applicable ad valorem taxes, during the term of this Agreement. (d) If an audit determines that the request for funds was defective under the law or the terms of this agreement, Developer agrees to reimburse the City for the sums of money not authorized by law or this Agreement within 30 days of written notice from the City requesting reimbursement. 3 (e) The parties executing this Agreement on behalf of Developer are duly authorized to execute this Agreement on behalf of Developer. (f) Developer does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Developer is convicted of a violation under §U.S.C. Section 1324a(f), Developer shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Developer has been notified of the violation. Section 7. Force Majeure. If the City or Developer are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the City or Developer are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. Section 8. Assignment. Developer may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Board. Any attempted assignment without such approval is void, and constitutes a breach of this Agreement. Assignment can only be requested for multi-year reimbursements, after completion of obligations by Developer. Section 9. Indemnity. Developer covenants to fully indemnify, save, and hold harmless the TIRZ #3, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, 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 Developer activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Developer must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. Section 10. Events of Default. The following events constitute a default of this Agreement: (a) Failure of Developer to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. (b) TIRZ #3, the Board or City Staff determines that any representation or warranty on behalf of Developer contained in this Agreement or in any financial statement, certificate, report, or opinion 4 submitted to the TIRZ #3 in connection with this Agreement was incorrect or misleading in any material respect when made. (c) Developer makes an assignment for the benefit of creditors. (d) Developer files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Section 11. Notice of Default. Should the City determine that Developer is in default according to the terms of this Agreement, the City shall notify Developer in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Developer to cure the event of default. Section 12. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Developer, as determined by the City, the following actions must be taken for any default that remains uncured after the Cure Period. (a) Developer shall immediately repay all funds paid from TIRZ #3 funds under this Agreement. (b) Developer shall pay reasonable attorney fees and costs of court. (c) The City and TIRZ #3 shall have no further obligations to Developer under this Agreement. (d) Neither the City nor the TIRZ #3 may be held liable for any consequential damages. (e) The City may pursue all remedies available under law. Section 13. No Waiver. (a) No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. (b) No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. (c) Any waiver or indulgence of Developer's default may not be considered an estoppel against the City or TIRZ #3. (d) It is expressly understood that if at any time Developer is in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of the rights and remedies that the City may have, will not be considered a waiver on the part of the City, but City may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. Section 14. Available Funds. Developer specifically agrees that City and the TIRZ #3 shall only be liable to Developer for the actual amount of the money due Developer under this Agreement from TIRZ #3 funds, and shall not be liable to Developer for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by City or the TIRZ #3 under the terms of this Agreement. Payment by City is strictly limited to the total amount of increment funds for TIRZ #3. City shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and 5 agreed that, should the actual tax increment funds be less than the total amount paid to all contracting parties at the time, then in that event, all contracting parties shall receive only their pro rata share of the available increment funds for that year, as compared to each contracting parties' grant amount for that year, and City and the TIRZ #3 shall not be liable to for any deficiency at that time or at any time in the future. In this event, City will provide all supporting documentation, as requested. Reimbursements paid to Developer shall require a written request from Developer accompanied by all necessary supporting documentation, as outlined in Section 2. Section 15. Notices. Any required written notices shall be sent by certified mail, postage prepaid, addressed as follows: Developer: City of Corpus Christi Attn.: City Manager's Office Tax Increment Reinvestment Zone #3 P.O. Box 9277 Corpus Christi, Texas 78469-9277 Notice is effective upon deposit in the United States mail in the manner provided above. Section 16. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. Section 17. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. Section 18. Severability. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or 6 provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 19. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. Section 20. Sole Agreement. This Agreement constitutes the sole agreement between City and Developer. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 7 APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney By: City Manager/Designee Date: City of Corpus Christi on behalf of Tax Increment Reinvestment Zone #3 Attest: By: Rebecca Huerta City Secretary Developer By: President/Chief Executive Officer Date: 8 Exhibit A — Project Description Exhibit B — Property Description, Metes & Bounds, Plat Exhibit C — Estimated Project Costs Exhibit D — TIRZ #3 Reimbursement Request Form 9 Exhibit A — Project Description Project will be described here. 10 Exhibit B — Property Description, Metes & Bounds, Plat Legal Description of Property Here. Both Metes & Bounds and Plat will be separate pages. 11 Exhibit C — Project Costs Improvement Estimated Cost Category 1) 2) 3) 4) 5) Total Possible Reimbursement: 12 Exhibit D - Request for Reimbursement Form city of Corpus Christi– City manager's office Carpus Ohristi D wnte un management district Tax Increment Reinvestment Zone #3 Request for Reimbursement Project Name: Grant Program: Type of Reimbursement: One Time El Re -Occurring {First Payment) Requestor: Date Requsted: lonpromnient Estimated Cost creratirimewt omairci Actual Cost o.caml invoice RefieFET1132 {Peraulaclied .} 0 2p 3) a) 3) — TOTAL -- Attached is the Following: 1) Executed T1R2 1/3 'Reimbursement Agreement 2) Certificate of Occupancy Date: 3) Documentation of Expenses Signatures for Submittal: Authorized Developer: Gate: Authorized General Contractor: Date: An incoarfarferrequantioriteirribeasernent we not be processed_ submit o hardcopy and aaaatbaredI/OF vase2A%yssob@cxtexcrEcorn_ Upon receipt ofitegLst final itssoecdonwii}bescbmluied Signatures for Approval Process Request Reed By City: Date: Documentation Complete: Inspection of Project: Notes: Reimbursement Approved by TI RZ #3 BOB rd: Date: Tax Increment Reinvestment Zone #3 Request for Reimbursement Updated October 2015 13 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 27, 2015 Second Reading Ordinance for the City Council Meeting of November 10, 2015 DATE: TO: September 24, 2015 Ronald L. Olson, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB©cctexas.com (361) 826-3356 Appropriating funds in the FY 2016 Reinvestment Zone No. 3 — Downtown TIF (1112) Fund to implement TIRZ #3 Project Plan. CAPTION: Ordinance appropriating $1,597,564 from the unreserved fund balance in Fund 1112 Reinvestment Zone No. 3 Fund ("TIRZ #3") to fund approved projects in FY2016 and changing the FY2016 Operating Budget adopted by ordinance 030620 by increasing expenditures by $1,597,564. PURPOSE: The purpose of this item is to move funds from the Unreserved Fund Balance to the Operating Budget in order to implement the TIRZ #3 Project and Financing Plan ("Project Plan") for FY 2016 Projects. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created TIRZ #3 in the City's downtown. In August 2015, the Board approved the updated Project Plan, which was then approved by the City Council. The Project Plan includes $1,600,000 for FY 2016 Programs & Initiatives, including $1,300,000 for reimbursement grant agreements and $300,000 for contracts or professional services. In order to move forward with implementation, these funds need to be appropriated from Unreserved Fund Balance. As of September 30, 2015, TIRZ #3 has an Unreserved Fund Balance of $2,251,927. The Project Plan was approved after FY 2016 City budget discussions had begun. Moving forward, the TIRZ #3 Board's approval, by resolution, will be part of the regular budget process to ensure alignment with the Project Plan. The table below illustrates the difference between what was included in the FY 2016 City Operating Budget, and what was approved in the Project Plan. Adopted FY 2016 TIRZ #3 Fund Budget Proposed FY 2016 TIRZ #3 Project Plan Budget Difference Expenditures $ 2,436 $ 1,600,000 $1,597,564 ALTERNATIVES: The Council could decide not to appropriate these funds. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms with the Tax Code and City Charter. EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Finance Budget FINANCIAL IMPACT: X Operating ❑ Revenue Capital Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP oCIP only) Current Year Future Years TOTALS Line Item Budget $ 2,436 $ 2,436 Encumbered / Expended Amount This item $1,597,564 $1,597,564 BALANCE $1,600,000 $1,600,000 RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance — TIRZ #3 Appropriating Revenue Ordinance appropriating $1,597,564 from the unreserved fund balance in Fund 1112 Reinvestment Zone No. 3 Fund (TIRZ #3) to fund approved projects in FY2016 and changing the FY2016 Operating Budget adopted by Ordinance 030620 by increasing expenditures by $1,597,564. Section 1. That $1,597,564 is appropriated from the unreserved fund balance in Fund 1112 Reinvestment Zone No. 3 Fund (TIRZ #3) to fund approved projects in FY 2016. Section 2. That the FY 2015-2016 Operating budget adopted by Ordinance No. 030620 is changed to increase expenditures by $1,597,564. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 10, 2015 Second Reading for the City Council Meeting of November 17, 2015 DATE: October 19, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property located at 9001 Leopard Street CAPTION: Case No. 0915-07 City of Corpus Christi: A change of zoning from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District. The property is described as a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, owned by SKB Acquisition Company LLC (formerly Sam Kane Beef Processors) and located on the southwest corner of Leopard Street and North Clarkwood Road. PURPOSE: The purpose of this item is to rezone the property to allow heavy industrial uses associated with beef processing. RECOMMENDATION: Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "IH" Heavy Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the City initiated this rezoning request after the property was annexed on June 9, 2015. The Unified Development Code requires that annexed property be zoned with an interim zoning district of "FR" Farm Rural District. The purpose of the requested zoning is to allow the existing beef processing facility to remain as a conforming land use and allow for any future expansions. If the annexed property was left with the "FR" Farm Rural District, the existing beef processing plant would be considered a non -conforming use since the "FR" Farm Rural District prohibits meat processing. The proposed designation of "IH" Heavy Industrial District is generally consistent with the Comprehensive Plan as the Plan designates the area for light and heavy industrial uses. While there is one farm house located to the east of the property, the general character of the area is either vacant land or industrial uses, therefore, staff believes the rezoning would not have a negative impact upon the neighborhood. ALTERNATIVES: Deny the rezoning to the "IH" Heavy Industrial. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for heavy and light industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is consistent with the adopted Future Land Use Map where Heavy Industrial uses are planned and the change to the Future Land Use Map from light industrial to heavy industrial on a portion of the property is reasonable in this case. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital �p Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for property owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors), by changing the UDC Zoning Map in reference to a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy 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 the City of Corpus Christi, on property owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors) ("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, September 23, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the "IH" Heavy Industrial District, and on Tuesday, November 10, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by the City of Corpus Christi, on property owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, and located on the southwest corner of Leopard Street and North Clarkwood Road (the "Property"), from the "FR" Farm Rural District to the "IH" Heavy Industrial District, (Zoning Map No. 058047), 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 Future Land Use Map is amended to designate the entire subject property with heavy industrial land use. 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. Page 2 of 3 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0915-07 SKB Acquisition Company, LLC Page 3 of 3 Exhibit A Field Notes for a 70.25 acre tract of land, more or less, situated in Survey No. 416, Abstract No. 838 and Survey No. 500, Abstract No. 582, being out of Share No 3 and Share No. 4, of the George Frank Partition, as recorded in Volume 142, Page 579 of the Deed Records of Nueces County, Texas, and being comprised of a 16.3639 acre tract of land, described in a deed from Sam Kane and wife, Aranka Kane to Sam Kane Wholesale Meats, Inc., recorded in Volume 1450, Page 237 of the said Deed Records, a 16.526 acre tract of land, recorded in Volume 1589, Page 197 of the said Deed Records, and all of Tract A, of Sam Kane Tract A, as recorded in Volume 28. Page 38 of the Plat Records of Nueces County, Texas, said 70.25 acre tract being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found, on the South R -0-W line of Leopard Street, a public roadway, the Northeast comer of a 0.23 acre tract, called Tract 5, on the plat of Tract 5 and 6 Hutchins Tracts, as recorded in Volume 32, Page 98 of the said Plat Records, the West Line of the said Share 3, for the Northwest corner of the said 16.526 acre tract and this tract; THENCE, South 65°55'52" East, with the said South R -O -W, being the North line of the said 16.526 acre tract, at 462.86 feet, pass the Northwest comer of the said 16.3639 acre tract, being the Northeast comer of the said 16.526 acre tract, continuing with the said R -0 -W line and the North line of the said 16.3639 acre tract, at 983.91 feet pass the Northwest corner of the said Tract A the Northeast corner of the said 16.3639 acre tract, continuing with the said R -0-W line, being the North line of the said Tract A, in all 2659.98 feet, to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, for the Northeast comer of the said Tract A and this tract; THENCE, South 33°20'13" East, 98.52 feet, to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, on the West R -0-W line of Clarkwood Road, a public roadway, for a corner of the said Tract A and this tract; THENCE. South 00°43'08" East, with the said West R -0-W, 613.32 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, being the Northeast corner of a 1.00 acre tract. described in a deed from M.B. Mastin to W.S. Hutchins. as recorded in Volume 180, Page 147 of the said Deed Records, for the Southeast comer of the said Tract A and this tract; THENCE, South 89°17'22" West, with the common line of the said 1.00 acre tract and the said Tract A, at 1572.86 feet, pass a 1 inch iron pipe found, being the Southeast corner of the said 16.3639 acre tract, the Southwest comer of Tract A, continuing with the common line of the said 1.00 acre tract and the said 16.3639 acre tract, at 2045.42 feet, pass a 1 inch Iron pipe found, being the Southeast corner of the said 16.526 acre tract, the Southwest comer of the said 16.3639 acre tract, continuing with the common line of the said 1.00 acre tract and the said 16.526 acre tract, in all 2465.49 feet, to a 1 inch Iron pipe found, in the East line of a tract, described in a deed from Mary Hutchins Exhibit "A" Triestman to the Mary Hutchins Triestman Limited Partnership, as recorded in Document No. 2001007773 of the Official Public Records of Nueces County, Texas, being the Northwest comer of the said 1.00 acre tract, for Southwest corner of the said 16.526 acre tract and this tract; THENCE, North 00°47154" West, with the West line of the said 16.526 acre tract, 1811.17 feet to the Point of Beginning and containing 70.25 acres of land, more or less (3060127 square feet). Bearings are based on OPS, Grid North, NAD 83, State Plane Coordinates, Texas South Zone 4205. Exhibit B Exhibit "B" PLANNING COMMISSION FINAL REPORT Case No. 0915-07 HTE No. 15-10000055 Planning Commission Hearing Date: September 23, 2015 Applicant & Legal Description Applicant: City of Corpus Christi Owner: SKB Acquisition, LLC and generally known as Sam Kane Beef Processors Legal Description/Location: A 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, owned by SKB Acquisition Company LLC (formerly Sam Kane Beef Processors) and located on the southwest corner of Leopard Street and North Clarkwood Road. Zoning Request From: Interim "FR" Farm Rural District after annexation To: "IH" Heavy Industrial District Area: 70.25 acres Purpose of Request: To allow heavy industrial uses associated with beef processing. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site Interim "FR" Farm Rural Heavy Industrial Heavy & Light Industrial North "IL" Light Industrial, "CG -2" General Commercial, "RS -6" Single -Family Vacant and Light Industrial Low Density Residential South "IH" Heavy Industrial Vacant and Heavy Industrial Heavy Industrial East "IH" Heavy Industrial Estate Residential and Vacant Heavy Industrial West "FR" Farm Rural Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for heavy and light industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is consistent with the adopted Future Land Use Map where Heavy Industrial uses are planned. Zoning Map No.: 058047 Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 2,768 feet of street frontage along Leopard Street, a designated arterial street, and 711 feet of street frontage along North Clarkwood Road, also designated as an arterial street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2012) Leopard Street A-2 Arterial N/A 70' paved 150' ROW 8,058 ADT Clarkwood Road A-3 Arterial N/A 60' ROW 20' paved 1'210 ADT Staff Summary: Requested Zoning: The City initiated this rezoning request as the property was annexed on June 9, 2015. The Unified Development Code requires that annexed property be zoned with an interim zoning district of "FR" Farm Rural District. The purpose of the requested zoning is to allow for potential expansion of the existing beef processing facility. If the annexed property was left with the "FR" Farm Rural District, the existing beef processing plant would be considered a non -conforming use and expansions would not be allowed. The property was originally annexed in 1962 and zoned for heavy industrial uses. In 2008, the City agreed to disannex the property so that Sam Kane Beef Processors could apply for a loan guarantee from the US Department of Agriculture's Rural Food Processor's Program. Subsequently, Sam Kane Beef Processors was not awarded a loan guarantee from the USDA. In addition, since disannexation of the property Sam Kane Beef Processors was sold to SKB Acquisition LLC. In May of this year, SKB Acquisition LLC requested that the City re -annex their property. Development Plan: There is no new pending development proposal for the site which appears to be almost fully developed. Existing Land Uses & Zoning: The current use of the property is heavy industrial. The property is generally surrounded by vacant land with one existing residential dwelling located to the east of the property. Surrounding zoning is a combination of "IH" Heavy Industrial, "IL" Light Industrial, "RS -6" Single -Family Residential and "FR" Farm Rural Districts. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is not platted. Planning Commission Final Report Page 3 Comprehensive Plan & Area Development Plan Consistency: The proposed designation of "IH" Heavy Industrial District is consistent with the Future Land Use Map where heavy industrial uses are indicated and consistent with the Port/Airport/Violet Area Development Plan. Department Comments: The subject property has been operated at its current location since 1951. The facility is one of the largest beef processing facilities in the state and currently employs approximately 700 people. 1. The proposed designation of "IH" Heavy Industrial District is consistent with the Port/Airport/Violet Area Development Plan and the adopted Future Land Use Map where it designates the property for heavy industrial uses. 2. A change from the interim "FR" Farm Rural District after annexation will allow the expansion of the facility should the owner wish to expand the current beef processing facility (defined in the Unified Development Code a "slaughter house use"). 3. The property owner is in favor of the change of zoning to "IH" Heavy Industrial District. 4. The subject property is suited for uses allowed by the proposed "IH" Heavy Industrial District. 5. While there is one farm house located to the east of the property, the general character of the area is either vacant land or industrial uses. 6. The rezoning would not have a negative impact upon the neighborhood. Planning Commission and Staff Recommendation: Approval of rezoning to the "IH" Heavy Industrial District. Public Notification Number of Notices Mailed — 17 within 200 -foot notification area 3 outside notification area As of October 19, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Notices Received (if any) CG -2 RS -6 9 a 0 0 a IL SP/08-05 RS - FR 6 0 400 800 Feet IH Date Created: 9/8/2015 Prepared By: JeremyM Dep5rtment of Development Services I CASE: 0915-07 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT & PROPERTY LOCATION MAP ilk ..moi City of Corpus Christi Aerial Overview Vicinity Map Aerial * N AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 10, 2015 Second Reading for the City Council Meeting of November 17, 2015 DATE: October 19, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for seven newly annexed properties in Industrial District No. 1 CAPTION: Case No. 0915-08 City of Corpus Christi: A change of zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District. The properties to be rezoned are described as Tract 1: Being a 1.095 -acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572 in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, Page 1029, Deed Records of Nueces County, Texas owned by ABTEX Brinkerhoff Oil Company and said landlocked tract generally located between IH -37 and Hearns Ferry Road and east of Carbon Plant Road; Tract 2: Being a tract of land containing 42,000 square feet (0.96 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 3: Being a tract of land containing 25,185 square feet (0.58 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 4: Being a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 5: Being a 0.92 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 6: Being a 0.187 acre (8,138.134 square feet) out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Exxon Pipeline Company and located on the south corner of Buddy Lawrence Drive and Oak Park Avenue; and Tract 7: Being a 0.25 acre tract of land out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Koch Gathering Sys, Inc. and located between Oak Park Avenue and Buddy Lawrence Drive and north of Huisache Street. PURPOSE: The purpose of this item is rezone the property to allow heavy industrial uses in Industrial District No. 1. RECOMMENDATION: Planning Commission and Staff Recommendation (September 23, 2015): Approval of the re -zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District on Tracts 1-7. BACKGROUND AND FINDINGS: Industrial District No. 1 is specifically designed to promote industrial uses by allowing a fee to be paid to the City in lieu of taxation with the City's guarantee not to annex the properties if the property owner enters into an Industrial District Agreement. Each of the property owners have been invited but have declined the City's offer to enter into an Industrial District Agreement. Therefore, the City is exercising its annexation powers, and subsequently rezoning the property consistent with the Future Land Use Map. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for heavy and light industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is consistent with the adopted Future Land Use Map where Heavy Industrial uses are planned. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital fig Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for seven tracts of land described and owned as follows: Tract 1:. ABTEX Brinkerhoff Oil Co. (1.09 acres); Tracts 2 and 3: Coastal State Petroleum Co. (0.96 and 0.58 acres); Tracts 4 and 5: Coastal Liquids Partners LP (0.10 and 0.92 acres); Tract 6: Exxon Pipeline Co. (0.18 acres); and Tract 7: Koch Gathering Sys Inc. (0.25 acres), by changing the UDC Zoning Map in reference to the seven tracts encompassing 4.08 acres of land, more specifically described by City Council Ordinance 030640, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy 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 the City of Corpus Christi, on property owned by ABTEX Brinkerhoff Oil Company, Coastal States Petroleum, Coastal Liquids Partners, LP, Exxon Pipeline Company, and Koch Gathering Sys, Inc. ("Owners"), 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, September 23, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "IH" Heavy Industrial District, and on Tuesday, November 10, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by the City of Corpus Christi, on property owned by ABTEX Brinkerhoff Oil Company, Coastal States Petroleum, Coastal Liquids Partners, LP, Exxon Pipeline Company, and Koch Gathering Sys, Inc., the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the UDC Zoning Map in reference to Tract 1: Being a 1.095 -acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572 in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, Page 1029, Deed Records of Nueces County, Texas owned by ABTEX Brinkerhoff Oil Company and said landlocked tract generally located between IH -37 and Hearns Ferry Road and east of Carbon Plant Road; Tract 2: Being a tract of land containing 42,000 square feet (0.96 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 3: Being a tract of land containing 25,185 square feet (0.58 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 4: Being a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 5: Being a 0.92 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 6: Being a 0.187 acre (8,138.134 square feet) out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Exxon Pipeline Company and located on the south corner of Buddy Lawrence Drive and Oak Park Avenue; and Tract 7: Being a 0.25 acre tract of land out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Koch Gathering Sys, Inc. and located between Oak Park Avenue and Buddy Lawrence Drive and north of Huisache Street (the Property), from the "FR" Farm Rural District to the "IH" Heavy Industrial District, as shown in Exhibits "A" through "G." Exhibits A through G, which are maps of the subject properties, 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 Future Land Use Map 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. Page 2 of 3 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0915-08 City of CC Page 3 of 3 0 SUBJECT PROPERTY 400 800 Feet Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 1 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home AN_ LOCATION MAP YIN City of Corpus Christi Exhibit "A" SUBJECT PROPERTY IL 400 800 Feet Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 2 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home 1 Sy�p SUBJECT PROPERTY J / I LOCATION MAP AGNES 1 City of Corpus Christi Exhibit "B" I LOCATION MAP Sy�A SUBJECT PROPERTY I / AGNES 1 City of Corpus Christi 800 Feet Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 3 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Exhibit "C" B�ECT PROPERTY 800 Feet Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 4 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home J fl i Sy�p SUBJECT PROPERTY AGNES LOCATION MAP YIN City of Corpus Christi Exhibit "D" 800 Feet SUBJECT PROPERTY Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 5 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LOCATION MAP fl i Sy�p SUBJECT PROPERTY I QGNES' YIN City of Corpus Christi Exhibit "E" IL Ly D. to Created: 9/ 1,5, 4repared Byr'Je?efiryA Department f Developm ervit"ec s‘ SUBJECT PROPERTY IH CASE: 0915-08 Tract 6 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home CHANNEL SUBJECT PROPERTY LEOPAR 0 a. LOCATION MAP 1 City of Corpus Christi Exhibit "F" O 0 7 7 co 7 q d N .y ut 03 Qi M ENCE DR SUBJECT PROPERTY O IL ti M IH 800 Feet Depart CG -2 Date Crea -d: 9/8/2015, Prepared By: JeremyM ent of Develop, en'AServices CASE: 0915-08 Tract 7 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home J — CHANNEL SUBJECT PROPERTY LEOPAR LOCATION MAP , City of Corpus Christi Exhibit "G" PLANNING COMMISSION FINAL REPORT Case No. 0915-08 Tracts 1-7 HTE No. 15-10000056 Planning Commission Hearing Date: September 23, 2015 Applicant & Legal Description Applicant: City of Corpus Christi Tract Owner Acreage Legal/Location 1 ABTEX Brinkerhoff Oil Co. 1.09 Assors Map 137 1.095 ac out of Tract 11 Hearns Ferry Road 2 Coastal State Petroleum Co. 0.96 Kaler Tract 0.96 ac out of 20.99 ac Tract Up River Road 3 Coastal State Petroleum Co. 0.58 Kaler Tract 0.58 ac out of 20.99 ac Tract Up River Road 4 Coastal Liquids Partners LP 0.10 Kaler Tract 0.10 ac out of 20.99 ac Tract Up River Road 5 Coastal Liquids Partners LP 0.92 Kaler Tract 0.92 ac out of 20.99 ac Tract Up River Road 6 Exxon Pipeline Co. 0.18 Oak Lawn .18 ac out of Lot 7B Block 3 Oak Park Road 7 Koch Gathering Sys Inc. 0.25 Oak Lawn .25 ac out of Lot 7B Block 4 Oak Park Road Zoning Request From: Interim Zoning Upon Annexation "FR" Farm Rural District To: "IH" Heavy Industrial District Area: 4.08 acres total Purpose of Request: To allow heavy industrial uses in Industrial District No. 1. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Tract 1 & 7: Vacant Tracts 2-6: Heavy Industrial Heavy Industrial North Outside city limits without zoning Tract 1: Vacant Tracts 2-7: Heavy Industrial Heavy Industrial South Outside city limits without zoning Tract 1: Vacant Tracts 2-7: Heavy Industrial Heavy Industrial East Outside city limits without zoning Tract 1: Vacant Tracts 2-7: Heavy Industrial Heavy Industrial West Outside city limits without zoning Tract 1: Vacant Tracts 2-7: Heavy Industrial Heavy Industrial ADP, Map & Violations Area Development Plan: The subject properties are located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP) and are planned for heavy industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is consistent with the adopted Future Land Use Map and ADP. Planning Commission Final Report Page 2 Transportation Transportation and Circulation: Tracts 1 is a landlocked property near an unimproved portion of Hearns Ferry Road; Tracts 2, 3, 4 and 5 are landlocked properties near Navigation Blvd. and Up River Road. Tracts 6 and 7 are located with frontage on Oak Park Street and Buddy Lawarence Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Hearns Ferry Local N/A 2 Lanes 50' ROW unpaved N/A Navigation Blvd. Al Arterial 4 Lanes w/Ctr Turn 2 Lanes 70' ROW 28' Paved N/A Up River Road C1 Collector 2 Lanes 2 Lanes 70' ROW 28' Paved N/A Buddy Lawarence C1 Collector 2 Lanes 2 Lanes 120' ROW 44 Paved N/A Oak Lawn C1 Collector 2 Lanes 2 Lanes 70' ROW 28' Paved N/A Staff Summary: Requested Zoning: The City/applicant is requesting a rezoning from the interium "FR" Farm Rural District automatically applied to property after annexation to the "IH" Heavy Industrial District to allow for heavy industrial uses. Development Plan: Each of the properties are located in Corpus Christi Industrial District No. 1. Industrial District No. 1 is specifically designed to promote industrial uses by allowing a fee to be paid to the City in lieu of taxation with the City's guarentee not to annex the properties if the property owner enters into an Industrial District Agreement. Each of the property owners have been invited but have declined the City's offer to enter into an Industrial District Agreement. Therefore, the City is exercising its annexation powers, and subsequently rezoning the property consistent with the Future Land Use Map. Existing Land Uses & Zoning: Tract 1 is vacant and surrounded by vacant land outside citylimits. Tracts 2 thru 6 are partially developed with industrial uses and surrounded by existing industrial uses. Tract 7 is vacant but generally surrounded by industrial uses. None of the tracts abut or are near existing residential uses. Planning Commission Final Report Page 3 AICUZ: The subject properties are not located in any of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject properties are not platted. Comprehensive Plan & Area Development Plan Consistency: The proposed designation of "IH" Heavy Industrial District is consistent with the Future Land Use Map and the Port/Airport/Violet Area Development Plan. Department Comments: In accordance with Ordinance 029958, companies in the Industrial District have the option of entering into an Industrial District Agreement (IDA) for payment of fees in lieu of taxes at a reduced rate, or being annexed. The five companies listed below have offered the following reasons for not entering into an IDA with the City: • Coastal States Petroleum — indicated preference for annexation of two tracts. • Coastal Liquids Partners — disclaimed land ownership by all parties, no one to sign IDA on two tracts. • ABTEX — defunct company, no one to sign IDA. • Exxon Pipeline Co. — indicated preference for annexation. • Koch Gathering Sys Inc. — indicated preference for annexation In order to comply with the Local Government Code, which allows the City to have an Industrial District, the City may annex properties that do not enter into an IDA. Other Department comments: 1. The proposed "IH" Heavy Industrial District is consistent with both the City's Comprehensive Future Land Use Map and with the goals and intent of Industrial District No. 1. 2. There are no existing or proposed residential areas abutting or near any of the tracts. Planning Commission and Staff Recommendation: Approval of the re zoning to the "IH" Heavy Industrial District on Tracts 1-7 Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 59 within 200 -foot notification area (Tracts 1-7) 10 outside notification area (Tracts 1-7) As of October 19, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Maps (Existing Zoning & Notice Area) SUBJECT ROPERTY 0 400 80Feet Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 1 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park 11. Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject PropertyOwners with 200' buffer O in favor 4 Owners within 200' listed on v Owners attached ownership table in opposition SUBJECT �'k• a PROPERTY LOCATION MAP City of Corpus Christi LOCATION MAP City of Corpus Christi CASE: 0915-08 Tract 2 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multlfamlly 2 RM -3 Multlfamlly 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject PropertyOwners with 200' buffer O in favor 4 Owners within 200' listed on N/ Owners attached ownership table V in opposition SUBJECT PROPERTY 3 9 7 10 800 ,Feet Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 3 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF 1Wo•Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home nSubject Property O Owners with 200' buffer in favor 4 Owners within 200' fisted on v Owners attached ownership table A in opposition SyA SUBJECT PROPERTY LOCATION MAP City of Corpus Christi ST(LB�ECT PROPERTY 7 Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 4 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF 1Wo•Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home nSubject Property O Owners with 200' buffer in favor 4 Owners within 200' fisted on v Owners attached ownership table A in opposition LOCATION MAP icTS i City of Corpus Christi 140 m RD 800 Feet SUBJECT PROPERTY Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 5 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home piSubject Propeny O Owners with 200'buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LOCATION MAP icTS i City of Corpus Christi L IL D•teCreated: 948/201,g1 [prepared Iffy!'e7eThy€ Department Developme er l es ti P, N N N N N N IH'Ma 4441 o q S 0 M M SUBJECT PROPERTY M N O O 1 400 - 6, et CASE: 0915-08 Tract 6 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home piSubject Property O Owners with 200'buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LOCATION MAP AGNES CHANNEL 'SUBJECT PROPERTY LEOPAR MORS' City of Corpus Christi v ry N p N a H ti u � N M 7 IH O 0 Q p� q O h h.y h M N 0 SUBJECT PROPERTY ~ N03 A 4 h M N M N N ti IH 800 Depart IL h O C -2 Date Creat d: 9/8/2015N Prepared y:„JeremyM ent of Develop enbsetvices CASE: 0915-08 Tract 7 ZONING & NOTICE AREA RM -1 Multlfamlly 1 RM -2 Multlfamlly 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multlfamlly AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Wm -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home flSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LOCATION MAP CHANNEL SUBJECT PROPERTY LEOPAR City of Corpus Christi Location Map TRACT 1 1.09 ACRES tri Industrial District No. 1 7 Tracts, 4.08 acres INDUSTRIAL DISTRICT NO. 1 Ea ICL 0 0 SS OS • • OUTSIDE] 8 CITY LPMITS I 211 44 I. l INSIDE Ian LIMITS {ICL) TRACT 4 .10 ACRES JOE FULTON INT ADE COR TRACT 6 .18 ACRES Yt TRACT 5 TRACT 2 & 3 / .92 ACRES 1.55 ACRES LEOPARD ST TRACT 7 / .2SACRES Legend I♦ 2015e4 Eo Industrial Rismm cis Lmis At N 1 Aerial Maps Tract 1 Tract 2 Aerial Overview Tract 3 Tract 4 Aerial Overview Tract 5 Tract 6 Aerial Overview Tract 7 AGENDA MEMORANDUM One -Reading Action Item for the City Council Meeting of November 10, 2015 DATE: TO: October 28, 2015 Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikemacctexas.com 886-2603 One -Reading Action Item Amending Ordinances to add section regarding return of funds to the Criminal Justice Division to comply with grant requirements CAPTION: Ordinance amending Ordinance 030636 which accepted a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program and Ordinance 030637 which accepted a grant in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) grant within the Police Department for the 16th and 17th project years, to add a section regarding return of funds in event of loss or misuse of funds in order to comply with grant requirements. PURPOSE: The ordinances must be amended to add a section as required by the Texas Administrative Code. BACKGROUND AND FINDINGS: The Texas Administrative Code requires the following: Applications from non-profit corporations, local units of governments and other political subdivisions must include a resolution that contains the following: (1) authorization for the submission of the application to CJD that clearly identifies the project for which funding is requested; (2) a commitment to provide for all applicable matching funds; (3) a designation of the name or title of an authorized official who is given the power to apply for, accept, reject, alter, or terminate a grant (if this designation changes during the grant period, a new resolution must be submitted to CJD); and (4) a written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to CJD. The State requires the resolution from the governing body to reflect the information listed above. Item #4 must be added to the ordinance. 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: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends amending the ordinances. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Ordinance 030636 which accepted a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program and Ordinance 030637 which accepted a grant in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) grant within the Police Department for the 16th and 17th project years, to add a section regarding return of funds in event of loss or misuse of funds in order to comply with grant requirements BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance 030636 which accepted a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program within the Police is amended by adding a new Section 4 to read as follows, shown in underlined text on attached Exhibit A, to comply with grant requirements: "Section 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full." SECTION 2. That Ordinance 030637 which accepted a grant from the State of Texas, Criminal Justice Division in the amount of $188,264.42 for the 16th and 17th program years of the Victims of Crime (VOCA) Program within the Police Department is amended by adding a new Section 4 to read as follows, shown in underlined text on attached Exhibit B, to comply with grant requirements: "Section 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full." SECTION 3. That Ordinance 030636 as amended will be submitted to the State of Texas Criminal Justice Division. A copy is attached as Exhibit A. SECTION 4. That Ordinance 030637 as amended will be submitted to the State of Texas Criminal Justice Division. A copy is attached as Exhibit B. 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 Rudy Garza Brian Rosas Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Amended Ordinance 030636 Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $14,998.99 and an in-kind match of $6,200.00 from the No. 1020 Police General Fund; Appropriating the $84,795.95 in the No. 1061 Police Grants Fund for the VOCA Outreach grant in the Police Department; and authorizing the transfer of $14,998.99 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $105,994.94. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $14,998.99 and an in-kind match of $6,200.00 from the No. 1020 Police General Fund. SECTION 2. That $84,795.95 grant is appropriated in the No. 1061 Police Grants Fund to continue the Victims of Crime Act (VOCA) Outreach Program in the Police Department. SECTION 3. The transfer of $14,998.99 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $105,994.94. SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. EXHIBIT A Amended Ordinance 030637 Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) grant within the Police Department for the 16th and 17th project years with a City match of $43,067.05 and an in-kind match of $4,000 from the No.1020 Police General Fund; Appropriating the $188,264.42 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department; and authorizing the transfer of $43,067.05 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same as grant matching funds for a total project cost of $235,331.47. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) grant within the Police Department for the 16th and 17th project years with a City match of $43,067.05 and an in-kind match of $4,000 from the No.1020 Police General Fund. SECTION 2. That $188,264.42 grant is appropriated in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department. SECTION 3. The transfer of $43,067.05 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $235,331.47. SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. EXHIBIT B AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: TO: October 23, 2015 Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikemacctexas.com 886-2603 Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department for the 16th program year CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $34,645.86 for the 16th program year of the Violence Against Women Act (VAWA) Program within the Police Department with a City match of $27,800.14 and an in-kind match of $5,520 from the No. 1020 Police General Fund; appropriating the $34,645.86 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $27,800.14 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $67,966.00. PURPOSE: Funding is available from the State of Texas, Criminal Justice Division, for projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The case manager provides services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case manager also works closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage. Volunteer hours contribute $5,520 as an in-kind contribution, and the City contributes $27,800.14 for training, travel, supplies and miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle. This grant period is 9/1/2015 — 8/31 /2016. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $27,800.14 $27,800.14 BALANCE $27,800.14 $27,800.14 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant application and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $34,645.86 for the 16th program year of the Violence Against Women Act (VAWA) Program within the Police Department with a City match of $27,800.14 and an in-kind match of $5,520 from the No. 1020 Police General Fund; appropriating the $34,645.86 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $27,800.14 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $67,966.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $34,645.86 to continue the Violence Against Women Act Formula Grant (VAWA) grant within the Police Department for Year 16 with a City match of $27,800.14 and an in-kind match of $5,520 from the No. 1020 Police General Fund. SECTION 2. That $34,645.86 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department. SECTION 3. The transfer of $27,800.14 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $67,966.00. SECTION 4. The City of Corpus Christi agrees that in the event of loss or misuse of the Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Office of the Governor Page 1 of 1 Statement of Grant Award (SOGA) The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division rules in Title I, Part 1, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded as well as any and al! applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management; and the Texas Uniform Grant Management Standards (UGMS) that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensive Certifications and Assurance Form, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 1517117 1011912015 09101/2015 - 08:31 2016 11/2912016 SF -State Criminal Justice Planning (421) Fund Corpus Christi, City of Victim Assistance Program Kim Hild 069457786 CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: N/A NfA - State Funds N.'A - State Funds 2016 -SF -ST -0015 $32,764,872.00 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $34,645.86 $27,800.14 $5,520.00 $67,966.00 Texas Office of the Governor Criminal Justice Division (CJD) No The purpose of this program is to reduce crime and improve the criminal justice system. List of Post -Award Conditions of Funding and Other Fund -Specific Requirements Condition of Funding ' Project Requirement CDreated Date Met Hold ProjectIt Funds Hold em Funds Resolution: Except for state agencies, each applicant agency must submit a resolution from the applicable governing body (such as the city council, county commissioners' court, school board, or board of directors) electronically using the 'Upload' function in the eGrants system. The current Resolution contains specific dollar amounts that do not match the budget. 3/16'2015 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1= 8&gh=8A-91-AA-6... 10+23/2015 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: October 13, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from NuStar Energy L.P. in the amount of $2,500.00 as a grant to support the Corpus Christi Fire Department. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,500 to support a joint pilot program between CCFD and CCISD to provide CPR training to all graduating seniors; and appropriating $2,500 from NuStar Energy L.P into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies to directly benefit Fire Departments' CPR Pilot Program. PURPOSE: As part of NuStar Energy L.P. charitable giving program, it has awarded the Corpus Christi Fire Department $2,500.00 to be used specifically to purchase any equipment or supplies to support the CPR Pilot Program between the City of Corpus Christi Fire Department and the Corpus Christi Independent School District to train all graduating seniors on CPR techniques in an effort to improve community awareness and the City's ROSC (return of spontaneous circulation) rating. The grant was unsolicited. ALTERNATIVES: If we don't accept the donation, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate donation funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,500.00 $2,500.00 BALANCE $2,500.00 $2,500.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the donation and appropriate the funds in the amount of $2,500.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,500 to support a joint pilot program between CCFD and CCISD to provide CPR training to all graduating seniors; and appropriating $2,500 from NuStar Energy L.P into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies to directly benefit Fire Departments' CPR Pilot Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from NuStar Energy L.P. in the amount of $2,500 to support a joint pilot program between CCFD and CCISD to provide CPR training to all graduating seniors. SECTION 2. That $2,500 is appropriated in the No. 1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies to directly benefit Fire Departments' CPR Pilot Program. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: TO: Ronald L. Olson, City Manager 10/5/2015 FROM: Dan M. Grimsbo , P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Ordinance to reimburse MPM Development, L.P., 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 MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $79,747.60 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: MPM Development, L.P., is required to install 910 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed residential subdivision development. The subdivision is located along North Oso Parkway, east of Ennis Joslin Road and north of Woodridge Road. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), MPM Development, L.P., is requesting a Reimbursement Agreement for the development of Oso View as shown on the final plat. The subdivision is located along North Oso Parkway, east of Ennis Joslin Road and north of Woodridge Road. The development requires the extension of 910 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 3. The 12 -inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12 -inch water arterial grid main south of Holly Road. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12 - inch water arterial grid main is $92,042.50 minus the lot/acreage fee of $12,294.90 which equals $79,747.60. ALTERNATIVES: Disapproval 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 ❑ Not applicable Fiscal Year: 2015-2016 Project to Expe ate d tures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,949,610.16 Encumbered / Expended Amount $807,503.11 This item $79,747.60 BALANCE $1,062,359.45 Fund(s): X Water Arterial Transmission Grid Main Trust Fund Comments: Balance reflects Grange Park Unit 1 reimbursement agreement. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with Agreement Location Map ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $79,747.60 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"), attached hereto, with MPM Development, L.P., ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Oso View Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $79,747.60 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 , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 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 MPM Development, L.P., a Texas Limited Partnership ("Developer "), 426 S. Staples, Corpus Christi, Texas 78401. 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 Oso View ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Oso View, 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 existing 12 -inch waterline located on the north side of North Oso Parkway at the Northwest corner of Wooldridge Road and North Oso Parkway for a distance of 910 linear feet in order to extend water grid main along North Oso Parkway 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 on Holly Road for a distance of 474 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 Parkview Unit 1, 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 910 linear feet of 12 -inch PVC waterline pipe. 2. Install three (3) fire hydrant assemblies. 3. Install one (1) 12 -inch cap for 2". 4. Install six (6) 12 -inch tees. 5. Install two (2) 12 -inch gate with box. 6. Install three (3) 6 -inch gate valve with box. 7. Install three (3) 6 -inch 90 degree EL. 8. Install nine (9) 6 -inch diameter x 30 inch PVC pipe nipple. 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 MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 2 of 10 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 November 17, 2016. 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 November 17, 2016. 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 Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 3 of 10 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 Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 4 of 10 majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Mossa Moses Mostaghasi General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 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 Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 5 of 10 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 $79,747.60, as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. 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 as detailed on Exhibit 5. 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 Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 6 of 10 CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 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, Oso View, 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 Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 7 of 10 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 6. 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 , 2015. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 8 of 10 Developer Mossa Moses Mostaghasi, General Partner MPM Development, L.P. 426 S. Staples Corpus Christi, Texas 78401 By: Mossa Moses Mostaghasi General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Mossa Moses Mostaghasi, General Partner, for MPM Development, L.P., and acknowledged before me on the day of 2015. Notary Public, State of Texas Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 9 of 10 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 2015. 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 2015. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2015. Julian Grant, Senior Assistant City Attorney For the City Attorney Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 10 of 10 STATE OF TEXAS § COUNTY OF NUECES WE, THE GEORGE B. GAINES FAMILY LIMITED PARTNERSHIP, LTD., HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT, SUBJECT TO A LIEN IN FAVOR OF , THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, STREETS ARE HEREBY DEDICATED IN FEE SIMPLE TO THE PUBLIC USE FOREVER AND EASEMENTS ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER, AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. THIS THE DAY OF 20 MARILYNN G. YANKEE, GENERAL PARTNER STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY THIS THE DAY OF , 20 STATE OF TEXAS COUNTY OF NUECES § NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS I, NIXON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS & WELSH ENGINEERING, HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION, IS TRUE AND CORRECT AND THAT WE HAVE BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF , 20 NOTES: NIXON M. WELSH, R. P. L. S. 1. THE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID, SOUTH ZONE, NAD 1983. 2. FEMA INFORMATION AS SHOWN OR NOTED HEREON IS FROM FEMA MAP, COMMUNITY PANEL 485464 0315 D, REVISED AUGUST 3, 1989. ALL OF THE SUBJECT SITE IS IN FEMA ZONE "B". 3. THE SUBJECT SITE CONTAINS 17.101 ACRES INCLUDING STREET DEDICATIONS. 4. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO BAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS "EXCEPTIONAL" AND "OYSTER WATERS". TCEQ ALSO CATEGORIZED THE RECEIVING WATER AS "CONTACT RECREATION" USE. 5. PRIVATE RESIDENTIAL DRIVEWAY ONTO WOOLDRIDGE ROAD AND N. OSO PARKWAY SHALL BE PROHIBITED. 6. THE YARD REQUIREMENT, AS DEPICTED, IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 7. THE MINIMUM FINISHED FLOOR ELEVATION FOR STRUCTURES IN THIS SUBDIVISION SHALL BE 18" ABOVE THE HIGHEST ABUTTING STREET CENTERLINE ELEVATION. 0 500' 1000' ■ ■ ■ SCALE: 111= 1000' PPROW[E0 MAY 202015 PLANNING COMMISSION L❑CATI❑N MAP 1' = 1000' (APPROX. ) PLAT OF OSO VIEW APR 2 7 205 .1 UEVLLuf'MEN1 rt -{ VICES SPECIAL SEBVICSS A 17.101 ACRE TRACT OF LAND, MORE OR LESS, A PORTION OF LOTS 11 AND 12, SECTION 32, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN V. "A", P. 41 - 43, MAP RECORDS, NUECES COUNTY, TX CORPUS CHRISTI, NUECES COU\TY, TEXAS BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST, CORPUS CHRISTI, TEXAS 78404 Exhibit 1 DATE PLOTTED' 04/27/15 COMP. NO.: PLAT-SHT1 JOB NO.1 15006 SCALE' 1' = 60' PLAT SCALE! SAME SHEET 1 OF 2 STATE OF TEXAS COUNTY OF NUECES § WE, (NAME), HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. BY: TITLE: STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), _ (TITLE), OF THIS THE DAY OF , 20 . NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS STATE OF TEXAS § COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS RATNA POTTUMUTHU, P.E., LEED, AP DEVELOPMENT SERVICES ENGINEER DATE STATE OF TEXAS § COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF , 20 CHAIRMAN SECRETARY PHILIP J. RAMIREZ, A.I.A., LEED AP DANIEL M. GRIMSBO, P.E., A.I.C.P STATE OF TEXAS § COUNTY OF NUECES § I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF , 20 WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF 20 AT O'CLOCK .M., AND DULY RECORDED THE DAY OF , 20 AT O'CLOCK M. IN THE MAP RECORDS OF SAID COUNTY IN VOLUME . PAGE . INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE DAY AND YEAR LAST WRITTEN. BY: DEPUTY KARA SANDS, CLERK COUNTY COURT NUECES COUNTY, TEXAS Page 1 of 2 oIo mil-. O O r 0 0 C) P1 O D 0 65' ROW 0 O N O O N z 13.17' i 1 ROBERT AND KAREN SILVERNAIL, DOC. NO. 2006036713, 0.R., PORTION LOT 12, SECT 32, FB & EF & GT, V. "A", P. 41 - 43, M.R., 2.00 AC. N28°54'30"E 420.44' 1 ,�' 158.26 'I / o (ri 0I 0 (,ilw (0 O 0 7.5'UE S28'38'4251 145.39 LOT 13 LOT 12 N61°07'56"W 200.05' 20' X 35' TEMPORARY TURN -AROUND EASEMENTS TO EXPIRE WHEN STREET IS EXTENDED TO THE NORTHWEST FD 5/8"I.R. EDWARD S. PARTRIDGE, TRUSTEE AND 5J CRITTERS, LTD., DOC. NO. 2003001259, O.R., PORTION LOTS 13 & 14, SECT 32, FB & EF & GT, V. "A", P. 41 - 43, M.R., 36 AC. N28°36'1 1 "E 144.22' 10'UE w I o - _ _ ''' 528'38'•42! `t9-_ "'I 25.00' 25.00' co 7787 SF 4-- z 0' a)N28'36'11 "E M _ . I0 119.46' bo I 20 6695 SF tOI N28'36'11"E o o ''I 119.67' cn 81 _.- 7067 SF'`\ • 1 528'36' 11 "W �\ FD 5/8"I.R.N 0I (ri N 9 10231 SF N28'38'42"E 158.28' 8 9848 SF 32.5' 32.5' 1 7.5'UE 40' In 7 11162 SF %• , /, 4- S28°39'56"W 50.00' 10'UE 6 12776 SF S28'39'56"W 55.00' OA A=1T16'17" R=640.00' T=97.20' L=192.92' CB=S37' 19'22"W CH=192.19' D A=41'24'35" R=35.00' T=13.23' L=25.30' CB=N40'39'01 "W CH=24.75' © A=31'32'38" R=200.00' T=56.49' L=110.11' CB=S44'25'00"W CH=108.72' JO 85'55'40" R=15.00' T=13.97' L=22.50' CB=NO2'59'56"E CH=20.45' OM A=141'16'32" ON R=45.00' T=128.05' L=110.96' CB=S89'25'01 "W CH=84.91' © A=90'00'00" R=10.00' T=10.00' L=15.71' CB=S73'38'42"W CH=14.14' SO A=3714'23" TO R=640.00' T=215.63' L=415.97' CB=N2720'50"E CH=408.69' CURVE DATA 0 8 29.96' N 6681 SF ca0 00* 25' 170.75' o���- cG (w I0 co I r 60.75' 10' UE 38 8902 SF 69.25' 37 8936 SF 5'EE 70, 7. U S28.38'42"W S28'38'42"W 95.75' in N rN28'38'42"E 42.84' 5702 5.75' 5'EE 37.08' 48.13' / 5 FD 5/8 "I. R. 5' STREET DEDICATION A=02'39'41" R=645.00' T=14.98' L=29.96' CB=S30'01'03"W CH=29.96' A=172'49'09" R=45.00' T=717.18' L=135.73' CB=S73'38'42"W CH=89.82' A=58'27'23" R=10.00' T=5.60' L=10.20' CB=S89'25'01 "W CH=9.77' A=92'05'50" R=15.00' T=15.56' L=24.11' CB=N87'59'22"W CH=21.60' A=41'24'35" R=35.00' T=13.23' L=25.30' CB=S39'29'02"W CH=24.75' A=10T 19'07" R=15.00' T=20.39' L=28.10' CB=NOT41'44"W CH=24.17' A=22'52'16" R=560.00' T=113.28' L=223.54' CB=N30'24'12"E CH=222.06' 83.97' • i• N (o z of STREET DEDICATION VARIES © A=01'48'59" R=560.00' T=8.88' L=17.75' CB=S09'38'07"W CH=17.75' F A=41'24'35" R=35.00' T=13.23' L=25.30' CB=NOT56'25"E CH=24.75' 0 21'23'24" R=100.00' T=18.89' L=37.33' CB=N50'39'36"W CH=37.12' © A=19'24'53" R=150.00' T=25.66' L=50.83' CB=N51'38'52"W CH=50.58' © A=31'32'37" R=250.00' T=70.61' L=137.64' CB=S44'25'01 "W CH=135.90' ® 0=76'48'22" R=15.00' T=11.89' L=20.11' CB=S80' 14'31 "W CH=18.64' © A=95'49'56" R=15.00' T=16.61' L=25.09' CB=N28'56'54"W CH=22.26' 4 8342 SF N 0 z ,y6 9 .2 „ 6 \295 S46„ 69'/9' N44.00 0 80.00,�03 .� O co (0 N 0 tri 72.18' 36 10821 SF E 81 (0 0o r to i._ w 95.347 N 5 -----......25, `° �I \6 35 �' 7 d'I 9487 SF �? ¢9 .h 0) 119.90' 22 6844 SF N28'38'42"E 120.00' 23 7585 SF 145.00' 5'UE 90.00' N61'21'18"W 25.11' •. 63.10' • w w 18 \'' N 17 00 8416 SF N 0•,7584 SF N • (0 �•14 co 25'YR • WO' 00' O P 25' 25' o / 0 0 N o W CO (.1 • 63.10' N N 0 66.20 16 7960 SF 66.20 N (0 60.00' 15 0 7217 SF 8167' 64110' 110 UE I � 1 �I N (0 /14 0 77113 SF N / i 62.00 P 60.00' 5'EE 64.10' 13 7463 SF w (7 vL� 0 0 59.26 w 12 2 7500 SF (0 O N 25'YR m1 62_00_EE_42.73' \ • Q_ \ N • 0_ \ g 0I 0 Ni r7 I w "tn1 O (0 co 3 \ \• L • N28'38'42"E 413.13' LOST MAPLES PARK DR. S28'38'4?"W 141.04' }.„© 65.00' 5'EE \\ 76.04' - - \ •• •\ w �25'YR 24 9603 SF S28'38'42"W l\ 25.00' 25.00' I2 t fS6I'l 11OQ Q025.00' .77 , \ S? •4r '9. 3 'ao 9518 SF N (o O toN O A=91'03'59" R=15.00' T=15.28' L=23.84' CB=S56'04'35"W CH=21.41' 0 A=15'30'34" R=150.00' T=20.43' L=40.60' CB=N69'06'35'\W CH=40.48' 2 9576 SF co o N 0 z • •6j' \ \\\ -45.57'46'' \\ Fp 581 R ' 2 s3' - 5,/8"1•R. O A=1702'07" R=100.00' T=14.98' L=29.73' CB=N69'52'22"W CH=29.62' O A=90'00'00" R=10.00' T=10.00' L=15.71' CB=N16'21'16"W CH=14.14' \ 0 \ 0 N28'38'42"E 115.70' 50.76' \ SFF o) O of to (0 0 25' 20'j/ . \ M (0 z 25' OSO BAY PARK, BLOCK 1, LOT 1, V. 68, P. 8, M.R. 34 10976 SF IN28'38'42"E 33 9640 SF 0; co N 103.56' 32 7015 SF N28'38'42"E (I r�I 0 120.00' 31 12079 SF 12 9`'U� YRJ . pS0 S4S 57'46�,v ` \Rk�'q• w (0 O 0 N wwI \ •o 25 \ o) 10303 SF r\•.9. N.4 O 5'UE 86.04' 5'UE 120.00' \'o �4J\ (=n \\. S28'38'42"W 26 8881 SF II 120.00' Co Io • 27 \400 SF • • • S28'38'42";)7.' 1 o: r 10 N 0I oI 0 I'o O (a 120.00' 28 8040 SF S28'38'42"W tJai In 0I O Itor': 120.00' 29 9016 SF S28'38'42 "W tri I I In r N 229.80. • 120.00' 30 9045 SF • • CO 0 N CO 0 25' 25' \ • 10 it; N \ (0 �. N N N CO (o Z v) 25' 25' APPE©WE MAY 202015 PLANNING COMMISSION PLAT OF OSO VIEW CORPUS CHRISTI, NUECES COUNTY, TEXAS • /8'1.R. S28'38'42"W 220.00' in N cn 88.66' 44.07' -r I I in7778 I ----7 9 b SF tri N28'38'42"E I I 10'UE -- b 8 m 7778 SF N N28'38'42"E �- 0 00 TO IFg _ \\ 120.00' I ®bl 10 8160 SF cOI 7.5'UE `''I N281 42"E- in W 120.00' in 0 7 05 8160 SF N28'38'42"E O 03 w w ;n \ \_ \\7.5'UE 12Q.Q0 _ - 4. \ cc 1 \\720 SFcci • N28'38'42"E '- co � 120.00' 7440 SF N28'38'42"E (No 120.00' ---- . 00 ` �...5 6 7920 SF-_ - N28'38'42"E 0 - st- 0 (o 120.00' . 12 0 7440 SF (v (0 S28'38'42"W • (D 120.00' 13 o -1680 SF . _ (0 ---• S28'38'42"W •18'38'42"E w 120.00' a 4 7680 SF N } 10 N28'38'42"E N 0 (0 0 tri (0 120.00' 14 0 7800 SF ii co N28'38'42"E �\ 120.00' rn\\ 0 \\ 3 (ri \ 7800 SF (o \ \ 1&8'38'42"E W 0 tri (0 w �00 0 I0 N N � ;1--- 120.00' ce 15 N N7 839 SF 0 N36.21 '53 "E 121.10' 1 161 oo 7984 SF - 10'UF,, , (o 10.00' �. 0 --.. N 2 8907 S F 24 56' 10"E N24'110 --1. (j o 0 120.25' 0 8135 SF (o - N ® �.L 109.56' _ J L - 101E R -1- „A qz3' • 0 N co (o 10 25' 25' w r = 0o 00 M o tv- co 1,0 N (7 N 25, (0 25' 94.32' 10 11338 SF 9 7311 SF S28.38'42"W , o 106.43' 8 6735 SF S28'38'42"W I0 O (M 0io 121.04' Cr N 7 7620 SF 528'38'42"W 1 I 0 w M oI O 120.89' 6 7490 SF 0 0 120.73' 6998 SF 4 7110 SF 120.44' 3 7342 SF q. 120.29' 122-50. 8646 SF 90 • BASS 8, WELSH ENGINEERING FIRM NO. F-52, 3054 S, ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 DATE PLOTTED: 4/27/15 COMP. NO.: PLAT-S1-12.DVG JOB NO.: 15006 SCALE: 1' = 60' PLOT SCALE: SAME SHEET 2 OF 2 UE 0 30' 60' 120' SCALE: 111= 60' • co 0 • • • • 5 co 0 CD CN ro ZC 103S 'C 101 OSO BAY PARK, BLOCK 1, xt cp Exhibit 1 Page 2 of 2 APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Oso View Subdivision, hereby request reimbursement of $79,747.60, as provided for by City Ordinance No. 17092. $79,747.60 is the construction cost, including 10% Engineering, Surveying, and Testing, in excess of the acreage fee. Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Mossa Mostaghasi, President of MPM Development, LP, on behalf of the said corporation. 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. Development Services Engineer Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Oso View Subdivision, hereby apply for $12,294.90 credit towards the water acreage fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $92,042.50 is the construction cost, including 10% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Mossa Mostaghasi, President of MPM Development, LP. Notary Public in and for the State of Texas Exhibit 2 Page 2 of 2 C ®R PUBLIC OMPROMEMENTS T© ORO V FMVV PUS_CH R ISTi9 l L1 ECI S CCW TY9 TEXAS T. TIT im• PiTia TT POTTO PI PT IT Of O TT PRO Orr IP TM POT TT TIT.= m. To TETT TT T ▪ pa TT T▪ V ITT Pa TT PP TT T. TM PIPIT TT TT T. TT* MM. TIT Tam• ET TIT TM IT PLR. MAT - ITT .iil T� 011.01 Ma TT 111.▪ 01 w. 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[ -K ;mom--� 1 wv i.:ar moo... w...,l {te- kjui,t=..:• 0 VI_ w +_ 7,1,1 . .w rr.c ss • m 0 Let aro .• .s ! n ,n ..V SM SS \4WD •a.. +.� mit n•!r Ways LOA PRDf>LE - S5 LINE 'A' [NORTH 030 PAP.O0T1 15 10 1.00 7.00 3.00 •.00 5.00 J5 /atFrw...m. 1q.i=k111. el..- la LP A 1N...ih ss 7 1a .Y O S 8 mot; - sc LINE Y' 11.05T YFPILi PAU irOI°•a3/xged6ER (n.S. -_w- OTIm.RAOUS.PRltun.A.. PE,57. p.ett SwmS.o.aC•7dCow . ENlnl Cr.. H� �rtlim.+Malaafntexaaa..n oU! I5.de 10130031 051a10 -0350 0 7F Y 17• tam m.u. r. 40. U p U M1 8 'T] I ;Pi VnM...®e w• •• w•••yYW BASS AND *USTI ENCRTEEP!NG h .fit.. 2“ ..a7 >aH S 0.46 MOS 55 1S Own. HAAS 1104 P17161.1C IMPROVEMENTS SG USD VIEW CORPUS CHRISTI. IUECES CLL. TL SANITARY SEVER AND 'HATER PLAN AND PREY ILES w v•orila SS= 4 .m a._ Exhibit 3 Page 3 of 5 T W11 lb 4.1 N61'01'5611 200 05 1 4i - la MP a 114•130.1. Mkr - 7.1117 477,Z r OI 1 1 ;I [I . .r•,V yiliY.wVd a •.1ii .�sf s..-.. c Nia36 SIT 61667 O VII II —L _iL —— __4., _JL_ LRR kri,n ,a p r-- IxP 1 r II 1 II 1 1 .. 1 I 1 I wan Jar o1.o Mw._ sumo. ,lrr.i .a alu:rw TYPICAL sECTigII STABILIZED CDNSTRUCTIDN ENTRANCE .SI Palm -MN PPCv[PITIEFI MITES isenNins ant laall I. la/ [Tr IVY Ana -a r id d• V▪ .e� t%i+i C.a. ''. IM d as new. .'• inn =Ler aw.w.s Nita 111... maenad nat. arda ratti it MI. Al JO MIL an a M▪ a f ..1.1.1•"a..�,."•. f :meq r�Ps° 1•111.•' 1. .1.1•••••7•1 . M. asaY., a M Onai ~shrim- ESTIMATE SUMMARY .' vr/fi �1h Mn eml rw worn w... r r.l 71. uro mar rlr 11111 14' and I.•Ian DM ilt al it n..d d nu.w w •••17 ••• MIOla M f +iMar rl Pr' my. neap. lasses. r r .wax .r 4.046 uns•ag vin Ira 1.11•11.1 ail Mb Ma/ 6r V Mt 111111•Mil MOM 1111 0.11.01.1 IIIIMMIMM ter r oat Pert .•..w.n ..•e dar 11 MM. 111.1 ts. pts wr. n. Tr.V r. 4 v rr Ir •••• re. ma al.trial nr YIP 11110111 T . r 4 +r.m..rw4. ✓ w ono wp ✓ or ▪ Ina reit ad ado r 4.1 MAC w w. V_14d .W _ r cr Ir.0SIP r ✓ WI r w.•. Sat 1.1 r..rl 5.w Ma.s • r •.4 Min. WW1_ MEM ..r...sl..wwe 1•11341.11MM PPS Oar n• 'r"•"r...�'".r M..'" N. VIM 2 ZTS 1 In : r MATFP MSLMAP 1111-1.1 MIMS CAMTART SITIIN MST MAP T1t96ally Awed by Rttn. i Polluntlhq P!, T.Ilr.elNai P-0_.Al.a P!. F.�4-0.•4bP•n••7 Wenn% fr,4 n..hTd Cwpl..CbML Tyd `� AP116•.�.4P�[[1f4aIN .n1 u Otte 161SA6.11 IOC2.i -01.77 64773.-.-• .4r.1Mrt dr al 6.and4 SED14ENTATIMI SCREEN TLPKC ,[01.04?7 Inn trld Mien. auernrit 8155 11161 *1194 EIICTNELRPIC h ammo. rt 1-51 W. S. 1.a.6a% SPAT MINS n.nn IbM na. PUBLIC IIPPOYEPEPITS TO DSO vLEv CORPUS CHRIST/. NUCCCS CQ, TY STOPN *41011 POLLNTgN PREWiTINI PWM, ESTUATE SWIIARI Mm BASE WAS •....w �i a M. -.Flaw w . r�r. w tod .r. — U[!1(S1 .tirt Exhibit 3 Page 4 of 5 ..O • 1111C RK .Y[/ - _ - �.- `44R . .Ilf .R .r. 1or.n (3(3110 1. O 1.1 • noR1 MO. 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SWIM �a1U10.5070 1.21. .+ Mw l+0r1*1CIU Ib010h st ni.a.S u 444440 41 ni 4•4 10424uursr r 01.1 *nOo414.PO4f042( ma 10 Yc IC119 1 ..a IA [.WC1113(0100 Mil .1 11• 140144311 t44P00n 141041101 V r 41.1,..1 11.14 {4 SO( 4.41f 114.114.0. t1M'a1*42*•µsin[~1441 023 c 44 40 1441123 IIc1104 I4 TYPICAL STREET SECTION — N OSO PKWY my TYPICAL STREET SECTION — 50' ROW 41C 0 O �a ar..-231.4. -aM iiia 133 I• 144 .43.1 M. . slat on. 1..1.0.0 yGoff m• ngm• 1 Ye mond ommlom• ton ge OM MD 423 at.T 403 w41 MO Masa Mambo MCIM ail'••or aa. .w+Av w1, • ...1•3 •-•0 pOZ-LOC SIGN SUPPORT ASSEI4LY DETAIL - END or ROAD BARRICADE INSTALLATION (TYPE 0111 — 4R OBJECT LIMBERS} rs �/ 144 wt 1.010 wwraQ 4444.4411..1•• SIOM On. •4 4--�ln P.. 23..1 P..1.I.. . SMIT • • • • s1. man•. 0441 w raz IMO* 30110d //MAL sTC00N — PROPOTFI f1INFRFTF I1014I( 01 DITCH AT CND OF pROPOSED STO PI* ca donniname 11011.423114 L*4LL IC 14 1FC 4•C*4 1.0E9 14 iK 4104 414142 STOP SIGN II4STALIAT10N ITR PCSOEN41.I/COLLUTOR. .PTEPPL P0ttPSLC1uNS ES_ILE^ Er al: pal441•••f4•wr* 04.1.0.1. of Poiwt .4_4% Na1w••a I_�3PI•brnr0wwlw pre)•t W i1 441101 •0123 BASS AtlD *CUD; ENG4rtER71C n .1PRa. JS 11 11 0 M 4*444m1 Mill PUBLIC IHPPOVEICIITS TO OSD 01EY C01P0.4S CHRISTI. IA.ECES CO. T. SIREET ANO S1DCwALK DCTAAS a 1_i .. -nas 1.2 xalL. art .10+44 417101 Exhibit 3 Page 5 of 5 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 OSO VIEW OVERALL ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 07/17/15 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 STREET & SURFACE ITEMS (NW OF CL OF N. OSO PARKWAY) QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 5670 LF 14.00 79,380.00 2. 5' RC VALLEY GUTTER 68 LF 60.00 4,080.00 3. 4" THICK R/C WALK 22581 SF 4.50 101,614.50 4. 6" THICK CONCRETE DRIVEWAY 1866 SF 6.75 12,595.50 5. 2" HMAC 7134 SY 17.50 124,845.00 6. 4" HMAC 1821 SY 35.00 63,735.00 7. 6" CRUSHED LIMESTONE BASE TO 2'BC 9274 SY 16.00 148,384.00 8. 8" LIME STABILIZED SUBGRADE TO 2' BC 11387 SY 8.00 91,096.00 9. 11" CRUSHED LIMESTONE BASE TO 2' BC 2113 SY 28.00 59,164.00 10. EXCAVATION 1 LS 69,000.00 69,000.00 11. CLEARING AND GRUBBING 1 LS 18,000.00 18,000.00 12. STREET SIGNS 6 EA 200.00 1,200.00 TOTAL STREET & SURFACE ITEMS $773,094.00 STREET & SURFACE ITEMS (N.OSO PARKWAY SE OF STREET CL) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 928 LF 14.00 12,992.00 2. 4" THICK R/C WALK 7602 SF 4.50 34,209.00 3. 4" HMAC 1831 SY 35.00 64,085.00 4. 11" CRUSHED LIMESTONE BASE TO 2' BC 2241 SY 28.00 62,748.00 5. 8" LIME STABILIZED SUBGRADE TO 2' BC 2241 SY 8.00 17,928.00 6. CLEARING AND GRUBBING 1 LS 1,100.00 1,100.00 7. EXCAVATION 1 LS 4,300.00 4,300.00 TOTAL STREET & SURFACE ITEMS $197,362.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 2711 LF 48.00 130,128.00 2. FIBERGLASS MANHOLE 12 EA 3,700.00 44,400.00 3. 4" OR 6" PVC PIPE SERVICE 63 EA 480.00 30,240.00 TOTAL SANITARY SEWER ITEMS $204,768.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 685 LF 32.00 21,920.00 2. 18" RCP 313 LF 36.00 11,268.00 3. 21" RCP 237 LF 44.00 10,428.00 4. 27" RCP 390 LF 50.00 19,500.00 5. 36" RCP 145 LF 54.00 7,830.00 6. 5' INLET 9 EA 3,500.00 31,500.00 7. MANHOLE 6 EA 4,000.00 24,000.00 8. R/C END -OF -PIPE STRUCTURE ON 36" RCP 1 EA 2,500.00 2,500.00 TOTAL STORM SEWER ITEMS $128,946.00 Exhibit 4 Page 1 of 3 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 910 LF 60.00 54,600.00 2. FIRE HYDRANT ASSEMBLY 3 EA 3,600.00 10,800.00 3. 12" CAP TAPPED FOR 2" 1 EA 700.00 700.00 4. 12" TEE 6 EA 850.00 5,100.00 5. 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6. 6" GATE VALVE W/ BOX 3 EA 975.00 2,925.00 7. 6" 90° EL 3 EA 300.00 900.00 8. 6" DIA X 30" PVC PIPE NIPPLE 9 EA 250.00 2,250.00 TOTAL WATER ITEMS $83,675.00 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" PVC PIPE 2465 LF 32.00 78,880.00 2. FIRE HYDRANT ASSEMBLY 3 EA 3,600.00 10,800.00 3. 6" GATE VALVE WITH BOX 10 EA 975.00 9,750.00 4. 6" EL, ANY ANGLE 7 EA 200.00 1,400.00 5. 6" CAP TAPPED FOR 2" 3 EA 150.00 450.00 6. 6" TEE 5 EA 300.00 1,500.00 7. 2" PE PIPE 1047 LF 20.00 20,940.00 8. 2" DOUBLE STRAP CONNECTOR TO 6" OR 12" PIPE 2 EA 450.00 900.00 9. 2" GATE VALVE WITH BOX 3 EA 525.00 1,575.00 10. WATER SERVICE, SINGLE 5 EA 500.00 2,500.00 11. WATER SERVICE, DOUBLE 29 EA 600.00 17,400.00 TOTAL STREET & SURFACE ITEMS $146,095.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1. BLANK 2" & 4" PVC CONDUITS FOR AEP 150 LF 15.00 2,250.00 2. TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 3. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 6056 LF 2.00 12,112.00 TOTAL MISCELLANEOUS ITEMS SUBTOTAL CONSTRUCTION 10% ENGINEERING, SURVEYING & TESTING TOTAL CONSTRUCTION $15,362.00 $1,549,302.00 $154,930.20 $1,704,232.20 Exhibit 4 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 OSO VIEW WATER ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 07/17/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 GRID MAIN WATER ITEMS REIBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 910 LF 60.00 54,600.00 2. FIRE HYDRANT ASSEMBLY 3 EA 3,600.00 10,800.00 3. 12" CAP TAPPED FOR 2" 1 EA 700.00 700.00 4. 12" TEE 6 EA 850.00 5,100.00 5. 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6. 6" GATE VALVE W/ BOX 3 EA 975.00 2,925.00 7. 6" 90° EL 3 EA 300.00 900.00 8. 6" DIA X 30" PVC PIPE NIPPLE 9 EA 250.00 2,250.00 SUBTOTAL GRID MAIN WATER ITEMS 10% ENGINEERING, SURVEYING & TESTING SUBTOTAL GRID MAIN WATER ITEMS LESS WATER ACREAGE FEE TOTAL AMOUNT REIMBURSABLE $83,675.00 $8,367.50 $92,042.50 $12,294.90 $79,747.60 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of IIP1 Corpus Christi tioroloollftrameo DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) 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: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: ❑ Corporation artnership ['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) n/a n/a 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 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 n/a n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 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. Certifying Person: Moses Mostaghasi (Print) Signature of Certifying Person: %///d4..� Title: Partner Date: 10-13-15 K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION \APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS Page 1 of 2 STAT EM ENT 1.27.12. DOC Exhibit 6 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 ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL \2012\DISCLOSURE OF INTERESTS STATEMENT 1.27.12. DOC Exhibit 6 Page 2 of 2 Aerial Overview OSO VIEW AERIAL OVERVIEW MAP A t N Aerial e AERIAL MAP OSO VIEW A 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: September 22, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing a portion of a utility easement located east of Fort Worth Street and South of Campbell Street. CAPTION: Ordinance abandoning and vacating a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1B, Hospital Tracts Subdivision, located east of the Fort Worth Street and south of Campbell Street; and requiring the owner, Driscoll Children's Hospital to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for Driscoll Children's Hospital to relocate a City water main in order to build a new parking garage expansion. BACKGROUND AND FINDINGS: Driscoll Children's Hospital (Owner) is requesting the abandonment and vacation of a 1,094 - square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1B, Hospital Tracts Subdivision, located east of Fort Worth Street public street right-of-way and south of Campbell Street right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the future development of Driscoll Children's Hospital. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be re -platting said property and upon re -platting will be dedicating a utility easement to off -set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's 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 49-12 and 49-13. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (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. Owner must dedicate a new utility easement of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12. b. 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. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Ordinance abandoning and vacating a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1B, Hospital Tracts Subdivision, located east of the Fort Worth Street and south of Campbell Street; and requiring the owner, Driscoll Children's Hospital to comply with the specified conditions. WHEREAS, Driscoll Children's Hospital (Owner) is requesting the abandonment and vacation of a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1B, Hospital Tracts Subdivision located east of Fort Worth Street and South of Campbell Street; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,094 -square foot portion of an existing 10 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Driscoll Children's Hospital ("Owner"), a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1B, Hospital Tracts Subdivision, located east of the Fort Worth Street public street right-of-way, as recorded in document number 1998003833 of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate a new utility easement of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12. b. 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. 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas PASSED AND APPROVED this the day of , 20 . ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor MURRAY B;.ss, IR., P.E., R.P.L.S. NIXON M. WELSH, P.E. R,P.L.5. www,hass-welsli.com e-mail: riixmw a. ot.com BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 July 31, 2015 Field Note Description Utility Easement Closure 3054 S. ALAMEDA, ZIP 78404 361 882-5521— FAX 361 882-1265 e-mail: murravlr a aol,cam Being a tract situated in Corpus Christi, Nueces County, Texas, being a portion of that utility easement dedicated to the City of Corpus Christi by Document No. 1998003833, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the north boundary of the heretofore referenced utility easement whence the westmost corner of the easement at the east right-of-way line of Fort Worth Street bears S 58°29'11" W at 18.71 feet; THENCE N 58°29'11" E along the north boundary of the 10 foot wide utility easement a distance of 109.44 feet to a point for the northmost corner of this tract: THENCE S 3130'49" E a distance of 10 00 feet to a point in the south boundary of the 10 foot wide utility easement for the east most corner of this tract, THENCE S 58°29'11" W along the south boundary of the 10 foot wide utility easement a distance of 109.44 feet to a point for the southmost corner of this tract THENCE N 31°30'49" W a distance of 10,00 feet to the POINT OF BEGINNING forming a tract embracing 1,094 square feet (0.025acres) rray Bass, Jr., R_P.L.S. Note Basis of Bearing is States of Texas Lambert Grid, South Zone. NAD 1983 MBJ sab 14055 -Field Note -UE Closure doc EXHIBIT "A" Page 1 of 1 FT. WORTH STREET HOSPITAL TRACTS SUBDIVISION LOT 1A VOL 61 PG 149 M.R.N.C,T. 10' EASEMENT DEDICATED BY DOC# 1998003833 1 10' EASEMENT DEDICATED BY DOC# 1998003833 PO/N7 OF BEGINNING 0 HOS"ITAL RACT 5 JBDIVI ION LOT 16 VOL 61 P 14 M.R.N.C.T. OF °FSGtST REO•'. RAY MI5. JR. \` I.025 ACRES TILITY EASE ; ENT C SURE° CiiTY OF CORPU `4 CHRISTI RANTOR DRISCOLL CHILDREN'S HOSPITAL, TX -GRANTEE S34 -3c 0x00 2128 —30-15 AREA 1094 SQ. FT. Bass & Welsh Engineering 3054 So. Alameda SL Corpus Christi, Tx. 78404 (361) 882-5521 (phone) (361) 882-12£5 (fox) Firm Registration No. F-52 Exhibit 11B11 Job No: 14055 Scale: 1"=.20' Dote: 8-14-15 Drawing No 14055-1511F Plotscale: 1-1 Sheat 2 of 2 IS NVV II1S Prepared by Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi. Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fax) `Firm Registration No. F-52 S NOS83ONV PORTION OF UTILITY EASEMENT TO BE CLOSED SITE o a3 r r U) FT WORTH ST ALAMEDA ST LOCATION MAP Exhibit "C" LA Job No: 14055 Scale: 1"=200. Date: 8-14-15 Drawing No: 14055-15UE Plotscole: 1-1 Sheet 1 of 2 UTILITY EASEMENT CLOSURE - Driscoll Children's Hospital N Driscoll Children's Hospital Easement Closure AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: TO: FROM: October 15, 2015 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriating $665,021 from the Federal Aviation Administration Grant to the Airport Capital Improvement Fund to continue construction/safety enhancements/safety modifications for Runway 17/35 at Corpus Christi International Airport. CAPTION: Ordinance appropriating $665,021 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 1 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 600 -ft Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiway Projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $665,021 each. With a 10% match with Airport Fund Reserves. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 49 in the amount of $16,345,505 to the City of Corpus Christi to fund for the Runway 17/35; 600 ft Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiway Projects; and is now offering amendment 1 for a total amount of $665,021. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced improvements to Runway 17/35 were identified. The additional improvements were presented to the FAA Program Manager and approved for additional funding by way of a $665,021 amendment 1; to Grant 49. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the Airport. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: nbperating nRevenue ®Capital nNot applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $16,345,505 $665,021 0 $17,010,526 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $665,021 0 $665,021 BALANCE $16,345,505 $665,021 0 $17,010,526 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Letter Ordinance appropriating $665,021 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 1 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 600 -ft Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiway Projects; amending the FY2015- 2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $665,021 each. With a 10% match with Airport Fund Reserves. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A grant amendment in the amount of $665,021 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 is appropriated in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 600 -foot Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiways Projects. SECTION 2. The FY2015-2016 Capital Budget adopted by Ordinance No. 030621 is amended by increasing revenues and expenditures by $665,021 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor t� U.S. Department of Transportation Federal Aviation Administration August 17, 2015 Federal Aviation Administration Southwest Region, Airports Division, Texas Airports Development Office Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi, Texas 78406 Fort Worth, Texas 76193-0650 Dear Mr. Segundo: This is in response to your letter of August 17, 2015 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-049-2012 at Corpus Christi International Airport, Texas. In accordance with Grant Special Condition No. 16 which states in part: "It is mutually understood and agreed that ... if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement, accepted on August 1, 2012 is hereby amended by this Amendment No.1 by increasing the amount set forth on Page 2 of the Grant Agreement from $16,345,505.00 to $17,010,526.00. This increase in the maximum obligation is to provide for allowable 4.0 % cost overrun of $665,021.00. If you have any questions or if we can be of additional service, please contact us. Edward N. Agne , Manager Texas Airports D velopment Office 9/3/2015 Appropriation Allocation Grant 49 Amendment 1 $ 665,021.00 AIP 3-48-0051-49-12 AU Account Activity Account Amount Runway 17/35 Safety Enhancement 3020-274 550910 E1104661493020C 50910 482,582.00 Runway 17/35 600 ft Extension 3020-274 550910 E110462493020C 50910 182,439.00 Total Grant 49 Amendment 1 $ 665,021.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: TO: FROM: October 15, 2015 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriating $1,733,597 from the Federal Aviation Administration Grant to the Airport Capital Improvement Fund to continue construction/runway safety for Runways 17/35; 13/31 at Corpus Christi International Airport. CAPTION: Ordinance appropriating $1,733,597 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 Amendments No. 2 and 3 in the No. 3020 Airport Capital Improvement Fund for Runway 13/31, 1,000 -ft extension displacement and connecting taxiways, reconstruct and expand north general aviation apron, reconstruct air carrier taxilane, extend Taxiway F, Runway 17/35, NAVAIDS site work, and Gate 10B projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,733,597 each. With a 10% match from the Airport Fund Reserves. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 50 in the amount of $23,277,531 to the City of Corpus Christi to fund for the Runways 13/31; 1,000 ft Extension Displacement and Associated Taxiways and the Runway 17/35 NAVAIDS' Site Work and Install Gate 10B; and is now offering amendment 2 & 3 for a total amount of $1,733,597. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced improvements to Runways 17/35 and 13/31 were identified. The additional improvements were presented to the FAA Program Manager and approved for additional funding by way of a $1,733,597 amendments 2 & 3; to Grant 50. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the Airport. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: (Operating I—(Revenue ®Capital (Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $23,277,531 $1,733,597 0 $25,011,128 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $1,733,597 0 $1,733,597 BALANCE $23,277,531 $1,733,597 0 $25,011,128 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Letter Ordinance appropriating $1,733,597 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 Amendments No. 2 and 3 in the No. 3020 Airport Capital Improvement Fund for Runway 13/31, 1,000 -ft extension displacement and connecting taxiways, reconstruct and expand north general aviation apron, reconstruct air carrier taxilane, extend Taxiway F, Runway 17/35, NAVAIDS site work, and Gate 10B projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,733,597 each. With a 10% match from the Airport Fund Reserves. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Grant amendments numbers 2 and 3 from the Federal Aviation Adminis- tration Grant No. 3-48-0051-050-2013 totaling $1,733,597 are appropriated in the No. 3020 Airport Capital Improvement Fund for Runway 13/31, 1,000 -ft extension and dis- placement and connecting taxiways, to reconstruct and expand north general aviation apron, reconstruct east general aviation apron, reconstruct air carrier taxilane, extend Taxiway F, Runway 17/35, NAVAIDS site work, and Gate 10B projects. SECTION 2. The FY2015-2016 Capital Budget adopted by Ordinance No. 030621 is amended by increasing revenues and expenditures by $1,733,597 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor t- dward Agnew Manager, Texas Ai . orts Development Office U.S. Department of Transportation Federal Aviation Administration August 11, 2015 Airports Division Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma, Texas The Honorable Nelda Martinez Mayor of Corpus Christi, Texas P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear: Mayor Martinez Corpus Christi International Airport AIP Project No. 3-48-0051-050-2013 Letter Amendment No. 02 FAA -ASW -650 2601 Meacham Blvd Fort Worth, Texas 76137 This letter transmits the Federal Aviation Administration (FAA) current Fiscal Year 2015 statement of the maximum obligation for the multi-year grant agreement for Project No. 3- 48-00516-050-2013. The above -captioned grant agreement commits the FAA, acting for and on behalf of the United States of America, to increase the maximum obligation of the United States, as authorized by Section 47108(a) of the Act, as amended. The maximum obligation is increased by $2,398,618.00 (from $23,277,531.00 to $25,676,149.00) to include the current fiscal year (FY -2015) obligation of the multi-year grant agreement for the subject project. Under the terms of the grant agreement procedures, this document is incorporated into and constitutes Amendment No. 02, to the above referenced grant agreement. All other terms and conditions of the grant agreement remain in full force and effect. If you have any questions about the applicability of this provision, please contact me directly at 817-222-5650. Sincerely, Cc: Mr. Fernando Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 U.S. Department of Transportation Federal Aviation Administration August 13, 2015 Airports Division FAA -ASW -650 Southwest Region 2601 Meacham Blvd Arkansas, Louisiana, Fort Worth, Texas 76137 New Mexico, Oklahoma, Texas The Honorable Nelda Martinez Mayor of Corpus Christi, Texas P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear: Mayor Martinez Corpus Christi International Airport AIP Project No. 3-48-0051-050-2013 Letter Amendment No. 03 This letter transmits the Federal Aviation Administration (FAA) current Fiscal Year 2015 statement of the maximum obligation for the multi-year grant agreement for Project No. 3- 48-0051-050-2013. The above -captioned grant agreement commits the FAA, acting for and on behalf of the United States of America, to increase the maximum obligation of the United States, as authorized by Section 47108(a) of the Act, as amended. The maximum obligation is decreased by $665,021.00 (from $25,676,149.00 to $25,011,128.00.00) to include the current fiscal year (FY -2015) obligation of the multi-year grant agreement for the subject project. Under the terms of the grant agreement procedures, this document is incorporated into and constitutes Amendment No. 03, to the above referenced grant agreement. All other terms and conditions of the grant agreement remain in full force and effect. If you have any questions about the applicability of this provision, please contact me directly at 817-222-5650. Manager, Texas Airports Development Office Cc: Mr. Fernando Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 9/3/2015 Appropriation Allocation Grant 50 Amend 2 & 3 Grant 50 Amendment 2 FY 2015- Entitlement Grant 50 Amendment 3 FY 2015- Entitlement AIP 3-48-0051-50-13 Runway 13/31 (1000 ft) Extension 2,398,618.00 (665,021.00) 1, 733, 597.00 AU Account Activity Account Amount 3020-274 550910 E110471503020C 50910 1, 733, 597.00 Total Grant 50 Amend 2 & 3 1,733,597.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: TO: Ronald L. Olson, City Manager 10/13/15 FROM: Arlena Sones, City Auditor arlenas@cctexas.com 826-3661 Approval of 2016 Annual Audit Plan CAPTION: Motion to approve the 2016 Annual Audit Plan. PURPOSE: To request approval of the 2016 Annual Audit Plan by City Council in accordance with the Code of Ordinance Chapter 12 1/2 City Auditor. BACKGROUND AND FINDINGS: Chapter 12 1/2 Section 2 (h) (1) of the City Code of Ordinance requires the City Auditor to submit an annual audit plan to the Council Audit Committee for review and comment prior to submitting it to the full City Council for approval. In developing this plan, we sought input from the Mayor, City Council, the City Manager and his Executive Team, and others. We developed this plan based on areas considered to be of highest risk to the City. Additionally, the Audit Committee approved the cancelation of seven audit projects from the 2014 and 2015 audit plans due to timing issues per authority granted by the Code of Ordinances. These seven projects have been included in the 2016 proposed audit plan. The 2016 proposed audit plan contains six audits and six follow-up audits plus unannounced cash counts and investigation of allegations received through the City Auditor's Hotline for Fraud, Waste, and Abuse. The proposed audit plan was approved by the Audit Committee on October 13, 2015. ALTERNATIVES: City Council could revise this plan by adding or removing audit projects or it could reject the plan in its entirety. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 1/2 City Auditor EMERGENCY / NON -EMERGENCY: Non -Emergency two readings DEPARTMENTAL CLEARANCES: Audit Committee FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Ordinance to approve the 2016 Annual Audit Plan Exhibit A — 2016 Proposed Annual Audit Plan Presentation - Audit Plan Ordinance to Approve the 2016 Annual Audit Plan. Whereas, Section 12 1/2 -2 (h) (1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each calendar year, the City Auditor shall submit an Annual Audit Plan to the City Council through the Council Audit Committee for review and comment; Whereas, the Council Audit Committee reviewed and approved the 2016 Annual Audit Plan at its meeting on October 13, 2015; Whereas, the Council Audit Committee shall forward the Annual Audit Plan to the City Council for City Council review and final approval; Be it ordained by the City Council of the City of Corpus Christi Texas: Section 1. That the City Council has reviewed and does approve the 2016 Annual Audit Plan, copy attached as Exhibit A. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Exhibit A 2016 Proposed Annual Audit Plan Item No. Department & Audit Area Audit Objectives Estimated Hours 2015 Audit Project Carryovers AU14-010 Parks and Recreation Beach Operations Investigate allegations of fraud and improprieties at Beach Operations. In progress AU15-001 Airport Leases Is management ensuring that contract payments from car rental agencies and other lessees are accurate and timely? In progress AU15-F02 Police Department Animal Care Services Follow-up to evaluate status of prior audit recommendations. (AU14-008 Sept. 2014) In progress AU15-002 Public Works Road Construction Are selected service providers, trade contractors, and subcontractors in compliance with contract stipulations? In progress 800 4 Financial Services Bank Reconciliations Are bank statement reconciliations performed accurately and timely? 200 2015 Audit Project Carryover Estimated Hours 1,000 2016 Audit Projects Al Utilities Utility Rate Model Are current rate model assumptions correct? Historically, have the forecasts been accurate? 300 A2 Development Services Funding Is funding appropriate and comparable with best practices? 300 A3 Municipal Court Fee Collections 1 Are adequate controls in place for the collections and billing of fees? 800 A4 MIS Financial Software 1 Has management included the appropriate general and application controls in the Infor 800 A5 Various Departments Job Order Contracting Is the JOC method of procuring services used appropriately? 300 A6 Budget Zero Based Budgeting Is the City's budget developed in line with best practices for a "zero -based budget?" 300 Fl CC -NC Health District 1115 Waiver Follow-up to evaluate status of prior audit recommendations. (AU14-009 Jan 2015) 100 F2 CC -NC Health District Grant Accounting Follow-up to evaluate status of prior audit recommendations. (AU14-011 May 2015) 150 F3 Financial Services U802 Follow-up of 2013 recommendations to include review of system controls. (AU12-001 Feb 2013) 200 F4 Financial Services Central Cashiering 1 Follow-up to evaluate status of prior audit recommendations. (AU12-003 Jun 2014) 150 F5 City Attorney's Office Claims 1 Follow-up to evaluate status of prior audit recommendations. (AU14-007 Mar 2015) 50 F6 Parks & Rec Beach Operations Follow-up to evaluate status of prior audit recommendations. (AU14-010 in progress) 150 FR City Auditor Hotline Investigations Receive allegations of fraud, waste, or abuse and conduct investigations as needed. 200 CA Cash Counts Perform unannounced cash counts. 100 Estimated Hours All Projects 4,900 Targeted Audit Hours 4,500 Notes 'Cancelled in 2015 due to possible timing issues related to recent software implementation. 2Additional follow-up requested by Audit Committee. 2016 Annual Audit Plan City Auditor's Office Council Presentation 11/10/15 Audit Plan Preparation Begin with mandated audits Seek input Conduct risk assessment L Review with Audit Committee Obtain City Council approval Follow-up Audits Follow-up to evaluate the status of prior audit recommendations. F1 CC -NC Health District, 1115 Waiver F2 CC -NC Health District, Grant Accounting F3 Financial Services, UBO F4 Financial Services, Central Cashiering' F5 City Attorney's Office, Claims1 F6 Parks & Rec, Beach Operations AU14-009 Jan 2015 AU14-011 May 2015 AU12-001 Feb 2013 AU12-003 Jun 2014 AU14-007 Mar 2015 AU14-010 in progress 'Cancelled in 2015 due to possible timing issues related to recent software implementation. 2Additional follow-up requested by Audit Committee. 2016 Audit Projects Al A2 A3 Utilities Utility Rate Model Development Services Funding Municipal Court 1 Fee Collections Are current rate model assumptions correct? Historically, have the forecasts been accurate? Is funding appropriate and comparable with best practices? Are adequate controls in place for the collections and billing of fees? 'Cancelled in 2015 due to possible timing issues related to recent software implementation. 2Additional follow-up requested by Audit Committee. 2016 Audit Projects A4 A5 A6 MIS Financial Software' Various Departments Job Order Contracting Budget Zero Based Budgeting Has management included the appropriate general and application controls in the Infor Financial System software? Is the JOC method of procuring services used appropriately? Is the City's budget developed in line with best practices for a "zero -based budget?" 'Cancelled in 2015 due to possible timing issues related to recent software implementation. 2Additional follow-up requested by Audit Committee. AGENDA MEMORANDUM First Reading for the City Council Meeting of November 10, 2015 Second Reading for the City Council Meeting of November 17, 2015 DATE: TO: Ronald L. Olson, City Manager November 10, 2015 FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Partial Reimbursement of Election Services Overbilling CAPTION: Ordinance accepting payment from Nueces County in the amount of $73,616.52 as partial reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2015-2016 operating budget adopted by Ordinance 030620 to increase revenues and expenditures by $73,616.52. PURPOSE: The purpose of this item is to accept and appropriate the first of two $73,616.52 reimbursements from Nueces County for overbilling of election services. BACKGROUND AND FINDINGS: Nueces County Clerk, Kara Sands, recently notified the City of Corpus Christi (City) that Nueces County (County) had completed an audit of the cost of election services billed to the City by the County from October 2012 through December 2014. The audit revealed that the County had overbilled the City $147,233.04 in elections services costs. The Nueces County Commissioners Court approved full repayment, in two equal installments. The $73,616.52 that is the subject of this memorandum is the first of those two equal reimbursement installment payments. The second, and last $73,616.52 reimbursement payment, is expected to be reimbursed by the County in its next fiscal year, which begins October 1, 2016. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department Budget Department Finance Department FINANCIAL IMPACT: ❑ Operating 0 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 $0 $0 This item $73,616.52 $0 $73,616.52 BALANCE $73,616.52 $0 $73,616.52 Fund(s): General Fund Comments: None. RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE ACCEPTING PAYMENT FROM NUECES COUNTY IN THE AMOUNT OF $73,616.52 AS PARTIAL REIMBURSEMENT FOR ELECTION SERVICES OVERBILLING AND APPROPRIATING IN THE NO. 1020 GENERAL FUND; CHANGING THE FY 2015-2016 OPERATING BUDGET ADOPTED BY ORDINANCE 030620 TO INCREASE REVENUES AND EXPENDITURES BY $73,616.52 Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City of Corpus Christi accepts payment from Nueces County in amount of $73,616.52 as partial reimbursement for election services overbilling; appropriating in the No. 1020 General Fund; and changing the FY 2015-2016 Operating Budget adopted by Ordinance 030260 to increase revenues and expenditures by $73,616.52. 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of November 10, 2015 Action Item for the City Council Meeting of November 17, 2015 DATE: November 2, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager MariaPe@cctexas.com 361-826-3176 Andres Leal, Jr., P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 Emulsified Polymerized Asphalt CAPTION: Motion authorizing the City Manager, or designee, to enter into a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsified polymerized asphalt in accordance with Bid Event 75, based on only bid, for an estimated 6 -month expenditure of $349,450.00. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six-month periods, subject to the approval of the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2015-2016. PURPOSE: The purpose is to approve a supply agreement for Emulsified Polymerized Asphalt. BACKGROUND AND FINDINGS: This material is used with aggregate for street seal coating. The City does not have a storage facility for this material. The contractor must have a facility to dispense the heated material into City trucks and/or deliver to the Service Center and load into City trucks with a temperature between 160-170 degrees Fahrenheit. All options to extend the previous contract have been exercised. The Purchasing Division advertised the bid event for two consecutive weeks in the newspaper as required by the State Statute and notified 29 potential vendors. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Street Operations FINANCIAL IMPACT: ✓ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $349,450.00 $0 $349,450.00 Encumbered / Expended Amount $0 $0 $0 This item $349,450.00 $0 $349,450.00 BALANCE $0 $0 Fund(s): Street Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: RUTH BROWN ITEM 1 DESCRIPTION Emulsified Polymerized Asphalt Standar Service picked up at suppliers location QTY. BID TABULATION EVENT NO. 75 EMULSIFIED POLYMERIZED ASPHALT UNIT ERGON ASPHALT & EMULSIONS, INC. AUSTIN, TEXAS Unit Price Extended Price 145,000 gallons $2.41 $349,450.00 $349,450.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 10, 2015 Action Item for the City Council Meeting of November 17, 2015 DATE: October 2, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement for the City's cost to extend North Oso Parkway CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $304,508.60 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend North Oso Parkway. The subdivision is located along North Oso Parkway, east of Ennis Joslin Road and north of Wooldridge Road. BACKGROUND AND FINDINGS: The developer, MPM Development, LP., is developing the final phase of a multi -phased single-family residential subdivision named Oso View Subdivision. The subdivision is located along North Oso Parkway, east of Ennis Joslin Road and north of Wooldridge Road. Oso View Subdivision will contain 63 single-family residential lots. The Planning Commission approved the plat for Oso View on May 20, 2015. The participation agreement is for half -street construction along North Oso Parkway frontage and for the required extra thickness of the asphalt on North Oso Parkway. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding North 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 Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (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 211,249.65 $800,974.02 $1,012,223.67 This item $304,508.60 $304,508.60 BALANCE $538,750.35 $394,517.38 $750,000.00 $1,683,267.73 Fund(s): Bond 2012 Comments: Balance reflects amount for Bordeaux Place Unit 4 participation agreement. RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $304,508.60 FOR THE CITY'S SHARE OF THE COST TO EXTEND NORTH OSO PARKWAY, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED 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"), attached hereto, with MPM Development, L.P. ("Developer"), for the CITY's portion of the cost of North Oso Parkway, including all related appurtenances, for development of Oso View Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Resolution- MPM Development LP -Oso View Participation Agreement Page 1 of 2 APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- MPM Development LP -Oso View Participation Agreement Page 2 of 2 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. ("Developer"), a Texas Limited Partnership, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 17.101 acre tract of land, more or less, a portion of Lots 11 and 12, Section 32, 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 Oso View ("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 928 feet to connect with the existing roadway on North Oso Parkway 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 $304,508.60. 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 as detailed in Exhibit 4. 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. I. 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 MPM Development LP -Oso View Subdivision vFinal Page 2 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 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 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 OSO VIEW SUBDIVISION 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. MPM Development LP -Oso View Subdivision vFinal Page 3 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 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. 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 MPM Development LP -Oso View Subdivision vFinal Page 4 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 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 / 78401 General Partner P.O. Box 9277/78469-9277 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 5. 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 November 17, 2017. (EXECUTION PAGES FOLLOWS) MPM Development LP -Oso View Subdivision vFinal Page 5 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 EXECUTED in one original this day of , 2015. 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 Moses Mostaghasi Date General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Mossa Moses Mostaghasi, General Partner, MPM Development, LP., a Limited Partnership, on behalf of said partnership. Notary Public's Signature MPM Development LP -Oso View Subdivision vFinal Page 6 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 STATE OF TEXAS § COUNTY OF NUECES WE, THE GEORGE B. GAINES FAMILY LIMITED PARTNERSHIP, LTD., HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT, SUBJECT TO A LIEN IN FAVOR OF , THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, STREETS ARE HEREBY DEDICATED IN FEE SIMPLE TO THE PUBLIC USE FOREVER AND EASEMENTS ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER, AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. THIS THE DAY OF 20 MARILYNN G. YANKEE, GENERAL PARTNER STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY THIS THE DAY OF , 20 STATE OF TEXAS COUNTY OF NUECES § NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS I, NIXON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS & WELSH ENGINEERING, HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION, IS TRUE AND CORRECT AND THAT WE HAVE BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF , 20 NOTES: NIXON M. WELSH, R. P. L. S. 1. THE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID, SOUTH ZONE, NAD 1983. 2. FEMA INFORMATION AS SHOWN OR NOTED HEREON IS FROM FEMA MAP, COMMUNITY PANEL 485464 0315 D, REVISED AUGUST 3, 1989. ALL OF THE SUBJECT SITE IS IN FEMA ZONE "B". 3. THE SUBJECT SITE CONTAINS 17.101 ACRES INCLUDING STREET DEDICATIONS. 4. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO BAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS "EXCEPTIONAL" AND "OYSTER WATERS". TCEQ ALSO CATEGORIZED THE RECEIVING WATER AS "CONTACT RECREATION" USE. 5. PRIVATE RESIDENTIAL DRIVEWAY ONTO WOOLDRIDGE ROAD AND N. OSO PARKWAY SHALL BE PROHIBITED. 6. THE YARD REQUIREMENT, AS DEPICTED, IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 7. THE MINIMUM FINISHED FLOOR ELEVATION FOR STRUCTURES IN THIS SUBDIVISION SHALL BE 18" ABOVE THE HIGHEST ABUTTING STREET CENTERLINE ELEVATION. 0 500' 1000' ■ ■ ■ SCALE: 111= 1000' PPROW[E0 MAY 202015 PLANNING COMMISSION L❑CATI❑N MAP 1' = 1000' (APPROX. ) PLAT OF OSO VIEW APR 2 7 205 .1 UEVLLuf'MEN1 rt -{ VICES SPECIAL SEBVICSS A 17.101 ACRE TRACT OF LAND, MORE OR LESS, A PORTION OF LOTS 11 AND 12, SECTION 32, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN V. "A", P. 41 - 43, MAP RECORDS, NUECES COUNTY, TX CORPUS CHRISTI, NUECES COU\TY, TEXAS BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST, CORPUS CHRISTI, TEXAS 78404 Exhibit 1 DATE PLOTTED' 04/27/15 COMP. NO.: PLAT-SHT1 JOB NO.1 15006 SCALE' 1' = 60' PLAT SCALE! SAME SHEET 1 OF 2 STATE OF TEXAS COUNTY OF NUECES § WE, (NAME), HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. BY: TITLE: STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), _ (TITLE), OF THIS THE DAY OF , 20 . NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS STATE OF TEXAS § COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS RATNA POTTUMUTHU, P.E., LEED, AP DEVELOPMENT SERVICES ENGINEER DATE STATE OF TEXAS § COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF , 20 CHAIRMAN SECRETARY PHILIP J. RAMIREZ, A.I.A., LEED AP DANIEL M. GRIMSBO, P.E., A.I.C.P STATE OF TEXAS § COUNTY OF NUECES § I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF , 20 WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF 20 AT O'CLOCK .M., AND DULY RECORDED THE DAY OF , 20 AT O'CLOCK M. IN THE MAP RECORDS OF SAID COUNTY IN VOLUME . PAGE . INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE DAY AND YEAR LAST WRITTEN. BY: DEPUTY KARA SANDS, CLERK COUNTY COURT NUECES COUNTY, TEXAS Page 1 of 2 oIo mil-. O O r 0 0 C) P1 O D 0 65' ROW 0 O N O O N z 13.17' i 1 ROBERT AND KAREN SILVERNAIL, DOC. NO. 2006036713, 0.R., PORTION LOT 12, SECT 32, FB & EF & GT, V. "A", P. 41 - 43, M.R., 2.00 AC. N28°54'30"E 420.44' 1 ,�' 158.26 'I / o (ri 0I 0 (,ilw (0 O 0 7.5'UE S28'38'4251 145.39 LOT 13 LOT 12 N61°07'56"W 200.05' 20' X 35' TEMPORARY TURN -AROUND EASEMENTS TO EXPIRE WHEN STREET IS EXTENDED TO THE NORTHWEST FD 5/8"I.R. EDWARD S. PARTRIDGE, TRUSTEE AND 5J CRITTERS, LTD., DOC. NO. 2003001259, O.R., PORTION LOTS 13 & 14, SECT 32, FB & EF & GT, V. "A", P. 41 - 43, M.R., 36 AC. N28°36'1 1 "E 144.22' 10'UE w I o - _ _ ''' 528'38'•42! `t9-_ "'I 25.00' 25.00' co 7787 SF 4-- z 0' a)N28'36'11 "E M _ . I0 119.46' bo I 20 6695 SF tOI N28'36'11"E o o ''I 119.67' cn 81 _.- 7067 SF'`\ • 1 528'36' 11 "W �\ FD 5/8"I.R.N 0I (ri N 9 10231 SF N28'38'42"E 158.28' 8 9848 SF 32.5' 32.5' 1 7.5'UE 40' In 7 11162 SF %• , /, 4- S28°39'56"W 50.00' 10'UE 6 12776 SF S28'39'56"W 55.00' OA A=1T16'17" R=640.00' T=97.20' L=192.92' CB=S37' 19'22"W CH=192.19' D A=41'24'35" R=35.00' T=13.23' L=25.30' CB=N40'39'01 "W CH=24.75' © A=31'32'38" R=200.00' T=56.49' L=110.11' CB=S44'25'00"W CH=108.72' JO 85'55'40" R=15.00' T=13.97' L=22.50' CB=NO2'59'56"E CH=20.45' OM A=141'16'32" ON R=45.00' T=128.05' L=110.96' CB=S89'25'01 "W CH=84.91' © A=90'00'00" R=10.00' T=10.00' L=15.71' CB=S73'38'42"W CH=14.14' SO A=3714'23" TO R=640.00' T=215.63' L=415.97' CB=N2720'50"E CH=408.69' CURVE DATA 0 8 29.96' N 6681 SF ca0 00* 25' 170.75' o���- cG (w I0 co I r 60.75' 10' UE 38 8902 SF 69.25' 37 8936 SF 5'EE 70, 7. U S28.38'42"W S28'38'42"W 95.75' in N rN28'38'42"E 42.84' 5702 5.75' 5'EE 37.08' 48.13' / 5 FD 5/8 "I. R. 5' STREET DEDICATION A=02'39'41" R=645.00' T=14.98' L=29.96' CB=S30'01'03"W CH=29.96' A=172'49'09" R=45.00' T=717.18' L=135.73' CB=S73'38'42"W CH=89.82' A=58'27'23" R=10.00' T=5.60' L=10.20' CB=S89'25'01 "W CH=9.77' A=92'05'50" R=15.00' T=15.56' L=24.11' CB=N87'59'22"W CH=21.60' A=41'24'35" R=35.00' T=13.23' L=25.30' CB=S39'29'02"W CH=24.75' A=10T 19'07" R=15.00' T=20.39' L=28.10' CB=NOT41'44"W CH=24.17' A=22'52'16" R=560.00' T=113.28' L=223.54' CB=N30'24'12"E CH=222.06' 83.97' • i• N (o z of STREET DEDICATION VARIES © A=01'48'59" R=560.00' T=8.88' L=17.75' CB=S09'38'07"W CH=17.75' F A=41'24'35" R=35.00' T=13.23' L=25.30' CB=NOT56'25"E CH=24.75' 0 21'23'24" R=100.00' T=18.89' L=37.33' CB=N50'39'36"W CH=37.12' © A=19'24'53" R=150.00' T=25.66' L=50.83' CB=N51'38'52"W CH=50.58' © A=31'32'37" R=250.00' T=70.61' L=137.64' CB=S44'25'01 "W CH=135.90' ® 0=76'48'22" R=15.00' T=11.89' L=20.11' CB=S80' 14'31 "W CH=18.64' © A=95'49'56" R=15.00' T=16.61' L=25.09' CB=N28'56'54"W CH=22.26' 4 8342 SF N 0 z ,y6 9 .2 „ 6 \295 S46„ 69'/9' N44.00 0 80.00,�03 .� O co (0 N 0 tri 72.18' 36 10821 SF E 81 (0 0o r to i._ w 95.347 N 5 -----......25, `° �I \6 35 �' 7 d'I 9487 SF �? ¢9 .h 0) 119.90' 22 6844 SF N28'38'42"E 120.00' 23 7585 SF 145.00' 5'UE 90.00' N61'21'18"W 25.11' •. 63.10' • w w 18 \'' N 17 00 8416 SF N 0•,7584 SF N • (0 �•14 co 25'YR • WO' 00' O P 25' 25' o / 0 0 N o W CO (.1 • 63.10' N N 0 66.20 16 7960 SF 66.20 N (0 60.00' 15 0 7217 SF 8167' 64110' 110 UE I � 1 �I N (0 /14 0 77113 SF N / i 62.00 P 60.00' 5'EE 64.10' 13 7463 SF w (7 vL� 0 0 59.26 w 12 2 7500 SF (0 O N 25'YR m1 62_00_EE_42.73' \ • Q_ \ N • 0_ \ g 0I 0 Ni r7 I w "tn1 O (0 co 3 \ \• L • N28'38'42"E 413.13' LOST MAPLES PARK DR. S28'38'4?"W 141.04' }.„© 65.00' 5'EE \\ 76.04' - - \ •• •\ w �25'YR 24 9603 SF S28'38'42"W l\ 25.00' 25.00' I2 t fS6I'l 11OQ Q025.00' .77 , \ S? •4r '9. 3 'ao 9518 SF N (o O toN O A=91'03'59" R=15.00' T=15.28' L=23.84' CB=S56'04'35"W CH=21.41' 0 A=15'30'34" R=150.00' T=20.43' L=40.60' CB=N69'06'35'\W CH=40.48' 2 9576 SF co o N 0 z • •6j' \ \\\ -45.57'46'' \\ Fp 581 R ' 2 s3' - 5,/8"1•R. O A=1702'07" R=100.00' T=14.98' L=29.73' CB=N69'52'22"W CH=29.62' O A=90'00'00" R=10.00' T=10.00' L=15.71' CB=N16'21'16"W CH=14.14' \ 0 \ 0 N28'38'42"E 115.70' 50.76' \ SFF o) O of to (0 0 25' 20'j/ . \ M (0 z 25' OSO BAY PARK, BLOCK 1, LOT 1, V. 68, P. 8, M.R. 34 10976 SF IN28'38'42"E 33 9640 SF 0; co N 103.56' 32 7015 SF N28'38'42"E (I r�I 0 120.00' 31 12079 SF 12 9`'U� YRJ . pS0 S4S 57'46�,v ` \Rk�'q• w (0 O 0 N wwI \ •o 25 \ o) 10303 SF r\•.9. N.4 O 5'UE 86.04' 5'UE 120.00' \'o �4J\ (=n \\. S28'38'42"W 26 8881 SF II 120.00' Co Io • 27 \400 SF • • • S28'38'42";)7.' 1 o: r 10 N 0I oI 0 I'o O (a 120.00' 28 8040 SF S28'38'42"W tJai In 0I O Itor': 120.00' 29 9016 SF S28'38'42 "W tri I I In r N 229.80. • 120.00' 30 9045 SF • • CO 0 N CO 0 25' 25' \ • 10 it; N \ (0 �. N N N CO (o Z v) 25' 25' APPE©WE MAY 202015 PLANNING COMMISSION PLAT OF OSO VIEW CORPUS CHRISTI, NUECES COUNTY, TEXAS • /8'1.R. S28'38'42"W 220.00' in N cn 88.66' 44.07' -r I I in7778 I ----7 9 b SF tri N28'38'42"E I I 10'UE -- b 8 m 7778 SF N N28'38'42"E �- 0 00 TO IFg _ \\ 120.00' I ®bl 10 8160 SF cOI 7.5'UE `''I N281 42"E- in W 120.00' in 0 7 05 8160 SF N28'38'42"E O 03 w w ;n \ \_ \\7.5'UE 12Q.Q0 _ - 4. \ cc 1 \\720 SFcci • N28'38'42"E '- co � 120.00' 7440 SF N28'38'42"E (No 120.00' ---- . 00 ` �...5 6 7920 SF-_ - N28'38'42"E 0 - st- 0 (o 120.00' . 12 0 7440 SF (v (0 S28'38'42"W • (D 120.00' 13 o -1680 SF . _ (0 ---• S28'38'42"W •18'38'42"E w 120.00' a 4 7680 SF N } 10 N28'38'42"E N 0 (0 0 tri (0 120.00' 14 0 7800 SF ii co N28'38'42"E �\ 120.00' rn\\ 0 \\ 3 (ri \ 7800 SF (o \ \ 1&8'38'42"E W 0 tri (0 w �00 0 I0 N N � ;1--- 120.00' ce 15 N N7 839 SF 0 N36.21 '53 "E 121.10' 1 161 oo 7984 SF - 10'UF,, , (o 10.00' �. 0 --.. N 2 8907 S F 24 56' 10"E N24'110 --1. (j o 0 120.25' 0 8135 SF (o - N ® �.L 109.56' _ J L - 101E R -1- „A qz3' • 0 N co (o 10 25' 25' w r = 0o 00 M o tv- co 1,0 N (7 N 25, (0 25' 94.32' 10 11338 SF 9 7311 SF S28.38'42"W , o 106.43' 8 6735 SF S28'38'42"W I0 O (M 0io 121.04' Cr N 7 7620 SF 528'38'42"W 1 I 0 w M oI O 120.89' 6 7490 SF 0 0 120.73' 6998 SF 4 7110 SF 120.44' 3 7342 SF q. 120.29' 122-50. 8646 SF 90 • BASS 8, WELSH ENGINEERING FIRM NO. F-52, 3054 S, ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 DATE PLOTTED: 4/27/15 COMP. NO.: PLAT-S1-12.DVG JOB NO.: 15006 SCALE: 1' = 60' PLOT SCALE: SAME SHEET 2 OF 2 UE 0 30' 60' 120' SCALE: 111= 60' • co 0 • • • • 5 co 0 CD CN ro ZC 103S 'C 101 OSO BAY PARK, BLOCK 1, xt cp Exhibit 1 Page 2 of 2 ti Rea, ioo, O,4, ,oF 14.5' Ftp 4F 4-4. h.¢� mum M. WELSH .0% 35Z U Gan G�, EXHIBIT SHOWING N. OSO PARKWAY IMPROVEMENTS AT PARK 8/18/15 0 50' 100' 1■■' SCALE: 1"= 100' 200' Exhibit 2 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR, JOB NO. 15006, SCALE: 1" = 100' PLOT SCALE: SAME, PLOT DATE: 8/18/15, SHEET 1 OF 1 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 OSO VIEW OVERALL ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 07/17/15 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 STREET & SURFACE ITEMS (NW OF CL OF N. OSO PARKWAY) QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 5670 LF 14.00 79,380.00 2. 5' RC VALLEY GUTTER 68 LF 60.00 4,080.00 3. 4" THICK R/C WALK 22581 SF 4.50 101,614.50 4. 6" THICK CONCRETE DRIVEWAY 1866 SF 6.75 12,595.50 5. 2" HMAC 7134 SY 17.50 124,845.00 6. 4" HMAC 1821 SY 35.00 63,735.00 7. 6" CRUSHED LIMESTONE BASE TO 2'BC 9274 SY 16.00 148,384.00 8. 8" LIME STABILIZED SUBGRADE TO 2' BC 11387 SY 8.00 91,096.00 9. 11" CRUSHED LIMESTONE BASE TO 2' BC 2113 SY 28.00 59,164.00 10. EXCAVATION 1 LS 69,000.00 69,000.00 11. CLEARING AND GRUBBING 1 LS 18,000.00 18,000.00 12. STREET SIGNS 6 EA 200.00 1,200.00 TOTAL STREET & SURFACE ITEMS $773,094.00 STREET & SURFACE ITEMS (N.OSO PARKWAY SE OF STREET CL) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 928 LF 14.00 12,992.00 2. 4" THICK R/C WALK 7602 SF 4.50 34,209.00 3. 4" HMAC 1831 SY 35.00 64,085.00 4. 11" CRUSHED LIMESTONE BASE TO 2' BC 2241 SY 28.00 62,748.00 5. 8" LIME STABILIZED SUBGRADE TO 2' BC 2241 SY 8.00 17,928.00 6. CLEARING AND GRUBBING 1 LS 1,100.00 1,100.00 7. EXCAVATION 1 LS 4,300.00 4,300.00 TOTAL STREET & SURFACE ITEMS $197,362.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 2711 LF 48.00 130,128.00 2. FIBERGLASS MANHOLE 12 EA 3,700.00 44,400.00 3. 4" OR 6" PVC PIPE SERVICE 63 EA 480.00 30,240.00 TOTAL SANITARY SEWER ITEMS $204,768.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 685 LF 32.00 21,920.00 2. 18" RCP 313 LF 36.00 11,268.00 3. 21" RCP 237 LF 44.00 10,428.00 4. 27" RCP 390 LF 50.00 19,500.00 5. 36" RCP 145 LF 54.00 7,830.00 6. 5' INLET 9 EA 3,500.00 31,500.00 7. MANHOLE 6 EA 4,000.00 24,000.00 8. R/C END -OF -PIPE STRUCTURE ON 36" RCP 1 EA 2,500.00 2,500.00 TOTAL STORM SEWER ITEMS $128,946.00 Exhibit 3 Page 1 of 3 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 910 LF 60.00 54,600.00 2. FIRE HYDRANT ASSEMBLY 3 EA 3,600.00 10,800.00 3. 12" CAP TAPPED FOR 2" 1 EA 700.00 700.00 4. 12" TEE 6 EA 850.00 5,100.00 5. 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6. 6" GATE VALVE W/ BOX 3 EA 975.00 2,925.00 7. 6" 90° EL 3 EA 300.00 900.00 8. 6" DIA X 30" PVC PIPE NIPPLE 9 EA 250.00 2,250.00 TOTAL WATER ITEMS $83,675.00 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" PVC PIPE 2465 LF 32.00 78,880.00 2. FIRE HYDRANT ASSEMBLY 3 EA 3,600.00 10,800.00 3. 6" GATE VALVE WITH BOX 10 EA 975.00 9,750.00 4. 6" EL, ANY ANGLE 7 EA 200.00 1,400.00 5. 6" CAP TAPPED FOR 2" 3 EA 150.00 450.00 6. 6" TEE 5 EA 300.00 1,500.00 7. 2" PE PIPE 1047 LF 20.00 20,940.00 8. 2" DOUBLE STRAP CONNECTOR TO 6" OR 12" PIPE 2 EA 450.00 900.00 9. 2" GATE VALVE WITH BOX 3 EA 525.00 1,575.00 10. WATER SERVICE, SINGLE 5 EA 500.00 2,500.00 11. WATER SERVICE, DOUBLE 29 EA 600.00 17,400.00 TOTAL STREET & SURFACE ITEMS $146,095.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1. BLANK 2" & 4" PVC CONDUITS FOR AEP 150 LF 15.00 2,250.00 2. TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 3. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 6056 LF 2.00 12,112.00 TOTAL MISCELLANEOUS ITEMS SUBTOTAL CONSTRUCTION 10% ENGINEERING, SURVEYING & TESTING TOTAL CONSTRUCTION $15,362.00 $1,549,302.00 $154,930.20 $1,704,232.20 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 OSO VIEW STREET ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 07/17/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 STREET & SURFACE ITEMS AT PARK (N.OSO PARKWAY SE OF STREET CL) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 928 LF 14.00 12,992.00 2. 4" THICK R/C WALK 7602 SF 4.50 34,209.00 3. 4" HMAC 1831 SY 35.00 64,085.00 4. 11" CRUSHED LIMESTONE BASE TO 2' BC 2241 SY 28.00 62,748.00 5. 8" LIME STABILIZED SUBGRADE TO 2' BC 2241 SY 8.00 17,928.00 6. CLEARING AND GRUBBING 1 LS 1,100.00 1,100.00 7. EXCAVATION 1 LS 4,300.00 4,300.00 TOTAL STREET & SURFACE ITEMS AT PARK $197,362.00 OVERSIZING OF N.OSO PARKWAY NW OF STREET CL, OVERDEPTHS AND OVERWIDTHS 28'BB TO 40'BB, REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC OVERWIDTH 602 SY 35.00 21,070.00 2. 2" HMAC OVERDEPTH 1204 SY 17.50 21,070.00 3. 11" CRUSHED LIMESTONE BASE OVERWIDTH 602 SY 28.00 16,856.00 4. 5" CRUSHED LIMESTONE BASE OVERDEPTH 1204 SY 13.00 15,652.00 5. 8" LIME STABILIZED SUBGRADE OVERWIDTH 602 SY 8.00 4,816.00 TOTAL STREET & SURFACE ITEMS OVERSIZE/OVERDEPTH SUBTOTAL STREET AND SURFACE ITEMS 10% ENGINEERING, SURVEYING & TESTING TOTAL STREET AND SURFACE ITEMS $79,464.00 $276,826.00 $27,682.60 $304,508.60 Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of IIP1 Corpus Christi tioroloollftrameo DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) 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: PO Box 331308 CITY: Corpus Christi zip: 78463 FIRM is: ❑ Corporation VrPartnership ['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) N/A N/A 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 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 N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 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. Certifying Person: Moses Mostaghasi (Print) Title: Director Signature of Certifying Person: 7114,4-4,4, Date: 7-17-2015 K: \DEVELOPMENTSVCS\SHARED \LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT 1.27.12. 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:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL \2012\DISCLOSURE OF INTERESTS STATEMENT 1.27.12. DOC Exhibit 5 Page 2of2 Aerial Overview OSO VIEW AERIAL OVERVIEW MAP A t N Aerial e AERIAL MAP OSO VIEW A 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 10, 2015 Action Item for the City Council Meeting of November 17, 2015 DATE: TO: Ronald L. Olson, City Manager October 12, 2015 THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Contract McBride Lift Station and Force Main Improvements CAPTION: Motion authorizing the City Manager or designee to execute an engineering contract with Coym, Rehmet & Gutierrez of Corpus Christi, Texas in the amount of $391,870 for the McBride Lift Station and Force Main Improvements for design, bid and construction phase services. PURPOSE: The purpose of this agenda item is to obtain authority to execute a contract for the McBride Lift Station and Force Main Improvements. BACKGROUND AND FINDINGS: The McBride lift station system is located at 1200 McBride Lane and is at the end of its effective life cycle. The McBride Lift Station and Force Main were constructed in 1960 with a capacity of approximately 4.46 million gallons per day (MGD). They serve the area north of Leopard Street to Up River Road and from Corn Products Road east to Omaha Drive. The existing lift station lacks sufficient capacity to meet land development in the service area. This contract provides for engineering services to prepare construction documents to demolish and replace the McBride lift station and includes approximately 700 feet of 18 -inch force main bored under IH -37 and tie -into the existing force main. The new McBride lift station will include the following major elements of work: 1. New Motor Control Center (MCC) for electrical power and controls; 2. Odor control system; 3. Submersible pumps with piping, valves, etc. 4. Standby generator; 5. Reinforced concrete wet well; 6. Homeland security gate and access system with new 8 -inch fence; 7. SCADA facilities; and 8. Landscaping and irrigation. The design of this project is scheduled to be complete in August of 2016 and construction is anticipated to be complete in Fall 2017. Coym, Rehmet & Gutierrez Engineering, L.P. (CRG) was selected for this project through RFQ 2014-08 Bond 2014 and CIP Projects, dated February, 2015. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: This contract provides for the engineering design to demolish and replace the McBride Lift Station; and construct a new 18 -inch force main with bored crossing under IH -37 and tie into the existing force main. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $1,051,069.09 $1,900,000.00 $2,951,069.09 Encumbered / Expended Amount This Item 391,870.00 391,870.00 Future Anticipated Expenditures This Project 1,051,069.09 1,496,999.91 2,548,069.00 BALANCE $0.00 $11,130.09 $11,130.09 Fund(s): Wastewater CIP #8 Comments: This project requires approximately 780 calendar days for design and construction. The amendment will result in the expenditure of an amount not to exceed $391,870. RECOMMENDATION: City Staff recommends approval of engineering contract with Coym, Rehmet & Gutierrez of Corpus Christi, Texas in the amount of $391,870 for the McBride Lift Station and Force Main Improvements for design, bid and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET MCBRIDE LIFT STATION AND FORCE MAIN IMRPOVEMENTS FUNDS AVAILABLE: Wastewater CIP $ 4,300,000 FUNDS REQUIRED: Construction: Construction Estimate (Contractor TBD) (Estimate) 3,300,000 Contingencies (10%) 330,000 Construction Inspection (Estimate) (2.75%) 118,250 Engineer Fees: Engineer (Coym, Rehmet & Gutierrez) 391,870 Geotechnical services and Construction Material Testing (Estimate) 50,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) (1 %) 43,000 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (1.25%) 53,750 Misc 2,000 TOTAL $ 4,288,870 PROJECT BUDGET BALANCE $ 11,130 DEMOLISH AND REPLACE MC BRIDE LIFT STATION N.; An telop 111 -14a l��.r `, "'- OCA TIO M McBride Lift Station and Force Main Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 2 )EMOLISH AND REPLACE MC BRIDE LIFT STATION INTERSTATE '4-11G-HWAY-37 11 7'' r 1 r4t _..clear...s.1 lir— .•- ' .. 4., • PROPOSED IMPROVEMENTS 7.1 EXISTING 18" FORCE MAIN (PREVIOUS PRnipr-n BORED & rASED FORCE MAIN 1 EXISTING 18" FORCE MAIN [It LOCATION MAP . 444' *op PROJECTir14054 NOT TO SCALE ,wr • 6 McBride Lift Station and Force Main Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 2 OF 2 Ch.; LI Engineering McBride Lift Station and Force Main Improvements Council Presentation November 10, 2015 Location Map Corpus Chr sti Engineering DEMOLISH AND REPLACE MC BRIDE LWT STATION Project Layout Corpus Chr sti Engineering DEMOLISH AND REPLACE MC BRIDE LIFT STATION INTERSTATE 'iIGHWAY 3 EXISTING 1e" FOkGE MAIN ME PROPOSED IMPROVEMENTS _EXISTING '18 FORCE MAIN (PREVIOUS PROJECT) 3 Project Scope Cornus Cher sti Engineering 1.Demolish and replace the McBride lift station; 2.Construct 700 feet of 18 -inch force main by boring under IH -37, and tie into existing force main. The new McBride lift station major elements include: ✓New Motor Control Center (MCC) for electrical power and controls; ✓Odor control system; ✓Submersible pumps with piping, valves, etc. ✓Standby generator; ✓Reinforced concrete wet well; ✓Homeland security gate and access system with new 8 -inch fence; ✓SCADA facilities; and ✓Landscaping and irrigation Project Schedule Corpus Chr sti Engineering 2015 2016 2017 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Design Sep Oct Nov Bid & Award Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Construction Project Estimate: 780 Calendar Days = 26 Months Projected Schedule reflects City Council award in November 2015 with anticipated construction completion by November 2017. CITY OF CORPUS CHRISTI 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 (Executive Director of Public Works) and Covm, Rehmet & Gutierrez Engineering, L.P., a Texas corporation, 5656 South Staples Street, Suite 230, Corpus Christi, Nueces County, Texas, 78411, (Architect/Engineer—AIE), hereby agree as follows: 1. SCOPE OF PROJECT McBride Lift Station and Force Main Improvements (Project No. E14054) — This contract provides for specific engineering services for the construction of a new McBride lift station, force main boring and route under IH -37, and demolition of existing lift station. 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, NE 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 AIE (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. NE 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 Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Executive Director of Public Works. 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 Executive Director of Public Works. The Executive Director of Public Works may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an Contract for Engineering (AIE) Services Page 1 of 3 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 total fee not to exceed $391,870.00, (Three Hundred Ninety -One Thousand Eight Hundred Seventy Dollars and Zero Cents). Monthly invoices 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 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 NE 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. 1f the NE 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. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 3 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 NE without the express written consent of the Executive Director of Public Works. However, the NE 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 COYM, REHMET & GUTIERREZ ENGINEERING, L.P. 17 21v.t. AZ44' 30 5 J.H. Edmonds, P.E. Date J. on Rehmet, P.E., R.P.L.S. Da e Director, Engineering Services Principal 5656 S. Staples, Suite 230 Corpus Christi, TX 78411 RECOMMENDED (361) 991-8550 Office (361) 993-7589 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No: E14054 Accounting Unit: 4252-065 Account: 550950 Activity: El 4054014252EXP Account Category: 50950 Fund Name: Wastewater 2013 RVBD Contract for Engineering (A/E) Services Page 3 of 3 Coym,Rehmet &Gutierrez Engineering,L.P. ENGINEERS• PLANNERS .SURVEYORS TBPE Firm Reg. No. F-388 TBPLS Firm Reg. No. 10104001 October 12, 2015 Mr. Jeff Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mr. Edmonds, SSW S. STAPLES, SUITE 230 CORPUS CHRISTI, IX78ass 382,9818550 X7589 1220 'LinAS 8131D, SUITE 4 ALM IX78332 3834846821 Via Email RE: Proposed Scope & Fees For Engineering Services McBride Lift Station & Force Main Project City of Corpus Christi Project No. E14054 CRG Project No. 20908c This correspondence outlines our Proposed Scope of Work and Fees for performing engineering services related to the McBride Lift Station and Force Main Project. The total fees for Basic and Additional Services as described below are $391,870.00. A summary of major tasks associated with these fees along with a detailed manhour/fee analysis are attached to this letter as Exhibit A and Exhibit B, respectively. Additionally, a table of fees and a proposed schedule are located at the end of this letter. CRG proposes to perform the following services: PRELIMINARY PHASE: 1. Review Design Memorandum by Dennis Seeman, P.E. (circa 2004) of Arcadis G&M, Inc. for the McBride Lift Station and Force Main. The report has been furnished by the City. 2. Review as -built plans for McBride Lift Station Force Main Replacement by Arcadis G&M, Inc. The as-builts have been furnished by the City. 3. Review pertinent Maximo Asset Management records applicable to the McBride Lift Station and Force Main. Records to be furnished by the City. 4. Meet with Bob Carle, Wastewater Department Lift Stations Superintendent, regarding operations of the McBride Lift Station and existing force main. 5. Review other existing record drawings and other pertinent data as may be available and which may affect the design of the lift station, incoming gravity sewers and force mains. 6. Perform preliminary topographic and boundary survey work to ascertain limits and features of the existing lift station site and the surrounding tracts of land. Location of existing gravity sewers and force mains will be ascertained by above -ground observations and as -built drawings. 7. Review the McBride Lift Station Expansion Survey provided by the City's Land Acquisition Survey Department. 8. Review City Maintenance records regarding the condition of the McBride Lift Station and Force Main. EXHIBIT "A" Page 1 of 6 Mr. Jeff Edmonds, P.E. Proposed scope & Fees Engineering services October 12, 2015 9. Review existing Geotechnical Report by Rock Engineering and Testing Laboratory dated June 26, 2009. Determine if existing soil sampling performed in this report is adequate or if additional sampling is required. 10. Perform calculations of lift stations sizing utilizing peak flow projections as reviewed and approved by Engineering Department and Wastewater Department staff, and prepare preliminary layouts to ascertain dimensions of the new facility. Perform hydraulic model calculations for performance of the McBride Lift Station under near-term and future conditions using Bentley SewerGems modeling software. 11. Meet with Engineering Department and Wastewater Department staff to review proposed layouts and select final lift station and force main layout. 12. Meet with area TxDOT officials and engineers to discuss requirements and permitting for force main boring installation under IH -37 TxDOT R.O.W. (See Additional Services Item 5 "TxDOT Utility Installation Review (UIR) and Permitting"). 13. Meet with owner of existing gas line present within site boundaries to discuss construction activities adjacent to gas line. Owner currently identified as Southcross Energy. 14. Prepare a Design Memorandum for the improvements to include a new lift station, gravity sewer routes if applicable, force main boring and route under IH -37 and demolition of existing Lift Station. Utilize the City's "Pictometry" system as required for exhibits in the memorandum. The lift station will generally have, but not be limited to, the following features: • Electrical and controls housed in a prefabricated, climate controlled, walk-in Motor Control Center (MCC) • Lift Station Odor Control System • 8 -ft. Decorative Security Fence (solid or chain link) • Homeland Security Gate and Access System • Standby Generator • SCADA Facilities • Landscaping and Irrigation • Reinforced Concrete Wet Well • Submersible Pumps • Above Ground Piping and Valving • Demolition of Existing Old McBride Lift Station 15. Prepare a preliminary opinion of probable cost for the project. 16. Prepare and submit one electronic file in PDF format and one hard copy of the Design Memorandum addressing items 1-15 above to the City for review. Upon review by the City, address any concerns and resubmit final version of memorandum. Obtain approval to proceed with Design Phase. City Staff will provide one set only of the following during the Preliminary Phase (as applicable): a. Record drawings, record information of existing facilities and utilities (as available from City Engineering files). b. A copy of pertinent existing studies and plans (as available from City Engineering files). c. Maximo Asset Management records pertinent to the McBride Lift Station. d. Run-time and flow meter records for the existing McBride Lift Station. e. Pertinent operational records regarding the McBride Lift Station. EXHIBIT "A" Page 2 of 6 Mr.Jeff Edmonds, P.E. Proposed Scope & Fees Engineering Services October 12, 2015 DESIGN PHASE: 18. Prepare Contract Documents and Specifications to include the following Divisions, Parts and Subsequent Sections: • Division 00: Procurement and Contracting Requirements • Division 01: General Requirements • Part S: Standard Specifications • Part T: Technical Specifications 19. Provide Quality Assurance/Quality Control (QA/QC) for pre final review and prepare submittal for the City's Review depicting final complete development of the construction drawings and specifications. 20.Address comments received from the City for the pre -final submittal. 21. Provide Quality Assurance/Quality Control (QA/QC) for final review and submit one (1) hard copy and one (1) electronic copy of the final contract drawings and specifications to the City for bidding process. 22. Update the Opinion of Probable Cost. BID PHASE ALLOWANCE: 23. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted by the project. 24.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. 25.Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. 26. in the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E'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. The City staff will perform the following tasks during Bidding Phase (as applicable): 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 A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. CONSTRUCTION PHASE ALLOWANCE: 27. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted by the project. 28. Review for conformance to contract documents, shop and working drawings, materials and other submittals. EXHIBIT "A" Page 3 of 6 Mr. Jeff Edmonds, P.E. Proposed scope & Fees Engineering Services October 12, 2015 29. Review field and laboratory tests. 30.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. 31. 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. 32. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. 33. Make pre -final and final inspections with City staff and provide the City with a Certificate of Completion for the project. 34. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format In AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will perform the following tasks during the Construction Phase: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction phase. b. Prepare applications/estimates for payments to contractor. c. Conduct the final acceptance inspection with the Engineer. ADDITIONAL SERVICES ALLOWANCES: 1. Boundary Survey. The A/E will review existing ROW and City tract boundaries deeds to ascertain any conflicts and provide field surveys to exactly ascertain the City Property Boundaries in the proximity of the proposed project. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. 2. T000araahic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures and facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 3. Environmental Issues. (To be determined) EXHIBIT "A" Page 4 of 6 Mr. Jeff Edmonds, P.E. Proposed Scope & Fees Engineering Services October 12, 2015 4. TxDOT Utility Installation Review (UIR) and Permitting. Prepare all engineering data and documentation necessary to submit a UIR on the City's behalf for the installation of the proposed force main in TxDOT R.O.W. Meet with TxDOT Engineering Staff as necessary to devise a final design acceptable to that Department. Coordinate with TxDOT as required to obtain approved permit. 5. Construction Observation Services. (To be determined) Provide a project representative (PR) to provide construction inspection. 6. 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. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 8. Provide SCADA Documentation. Provide standardized SCADA documentation, which will include PFDs, P&IDs' loop sheets, logics, SCADA architecture, DCS I/O lists, instrument lists, tie-in lists, piping lists, equipment lists, and instrumentation specification sheets. HYDRO -EXCAVATION (SUE) SUBCONSULTANT: 1. Hydro -Excavation. Upon receiving authorization from the City to proceed, conduct hydro -excavation to identify underground utilities. The hydro -excavation process will conform to subsurface utility engineering in accordance with ASCE Standard C -I, 38-02, and shall be in accordance with Section I. Basic Services. FEES Basic Services Fees 1. Preliminary Phase $69,660.00 2. Design Phase $206,685.00 Subtotal Basic Services $276,345.00 3. Bid Phase Allowance $6,995.00 4. Construction Phase Allowance $42,730.00 5. Additional Services Allowance $21,365.00 Subtotal Allowances $71,090.00 6. Hydro -Excavation (SUE) Sub -Consultant $44,435.00 Subtotal (SUE) $44,435.00 Total Authorized Fees $391,870.00 EXHIBIT "A" Page 5 of 6 Mr. Jeff Edmonds, P.E. Proposed Scope & Fees Engineering Services October 12, 2015 SCHEDULE DATE ACTIVITY To Be Determined NTP 2 Months After NTP Draft ELR Submittal 3 Months After NTP City Review 4 Months After NTP Final ELR Submittal 6 Months After NTP 60% Design Submittal 7 Months After NTP City Review 9 Months After NTP 100% Design Submittal 10 Months After NTP City Review TBD Pre -Bid Conference TBD Receive Bids TBD Contract Award TBD Begin Construction TBD Complete Construction Upon review and approval of the before mentioned fees, we will proceed with submittal of a formal contract. We appreciate the opportunity to submit this scope of work and look forward to working with you on this important project. If you have any questions, please call me at (361) 991-8550 or email me at jcovm@creei.com. Very truly yours, Coym, Rehmet & Gutierrez Engineering, L.P. ie oym, Principal EXHIBIT "A" Page 6 of 6 EXHIBIT A-1 MCBRIDE LIFT STATION & FORCE MAIN PROJECT MAJOR TASK SUMMARY (PROJECT NO. E14054) PRELIMINARY PHASE MAJOR TASKS: 1. Perform Calculations for Peak Flow Sizing of Lift Station. 2. Prepare Preliminary Opinion of Probable Construction Costs. 3. Check capacities using hydraulic modeling. 4. Prepare a Design Memorandum with recommended improvements. DESIGN PHASE MAJOR TASKS: 1. Coordinate with various local entities to ensure continuity of the project. 2. Implement approved Design Memorandum recommendations from Preliminary Phase. 3. Prepare Final Opinion of Probable Construction Costs. 4. Prepare Construction Plans for the proposed improvements. 5. Prepare Contract Documents and Specifications for the proposed improvements. BID PHASE ALLOWANCE MAJOR TASKS: 1. Participate in Pre -Bid Conference. 2. Participate in Bid Opening, evaluate bids and prepare bid tabulation. 3. Provide recommendation of bid award. CONSTRUCTION PHASE ALLOWANCE MAJOR TASKS: 1. Participate in Pre -Construction meeting. 2. Review contractor's submittals for conformance to working drawings and contract documents. 3. Review geotechnical field and laboratory construction tests. 4. Provide interpretations and clarifications of contract documents and construction plans. 5. Perform periodic site visits to observe construction progress. 6. Prepare change orders as authorized by the City (if required). 7. Conduct pre -final and final inspections with City staff and provide Certificate of Completion as required. 8. Prepare "as -built" record drawings with redlines provided by the contractor. ADDITIONAL SERVICES ALLOWANCES MAJOR TASKS: 1. Prepare Boundary Survey. 2. Prepare Topographic Survey. 3. Investigate and address Environmental Issues (To be determined). 4. Perform TxDOT Utility Installation Review (UIR) and acquire permit required for Bored and Cased Force Main construction under IH -37. 5. Provide Construction Observation Service (To be determined). 6. Provide Start -Up Services. 7. Conduct Warranty Inspection and provide City Staff with observations and recommendations. 8. Provide SCADA Documentation. HYDRO -EXCAVATION (SUE) SUBCONSULTANT: 1. Provide Hydro -Excavation services necessary to determine location of underground utilities. Exhibit A-1 Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMNIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the Director of Capital Programs with the signed agreement two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value 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 insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,0001$500,0001$500,000 Insurance Requirements & Indemnification - 1 Rev. 07:29,2015 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this contract, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. 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. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Director of Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 D. 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: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, materia! change or termination of coverage, 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. Insurance Requirements & Indemnification - 2 Rev. 07/29/2015 EXHIBIT "B" Page 2 of 3 F. 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. G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. 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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Insurance Requirements & Indemnification - 3 Rev. 07:29/2015 EXHIBIT "B" Page 3 of 3 fIggl Igggggf- Ill §.§.° §.§a tR ag ill : a 1 I pI O p O 1 2500 0 1,000 3,500 0 0 0j § R. Hi 1 i F G It r a° i! as O 2 r ,@ wz, O 0 0 1,627 1,627 0 0 01 0 R o 0 0 0 0 TBD TBD TBD TBD TBD TBD TBDI 1 TBD TBD TB0 TBD TBD TBD TBD 2 a I r N 1,-; § a §§§.4 rl. to 1§(53 F� Q a‘:itI PI. a a ur N a g SUPPLIER NUMBER TO BE ASSIGNED BY Ci i Y PURCHASING DIVISION war Copus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Coym, Rehmet & Gutierrez Engineering. L.P. P. O. BOX: STREET ADDRESS: 5656 S. Staples, Suite_23Q CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association B 2. Partnership 5. Other ZIP: 78411 3. Sole Owner 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 N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A 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 ingeneralor a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Victor M. Gutierrez Jr., P.E. (Type or Print) Signature of Certifying Person: Title: Principal DEFINITIONS c". f. £%s— 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. AGENDA MEMORANDUM Future Item for the City Council Meeting of 11/10/15 Action Item for the City Council Meeting of 11/17/15 DATE: October 12, 2015 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager Wesp@cctexas.com 361-826-3082 Resolution to approve repair and preventative maintenance of the LED lighting system on the Harbor Bridge CAPTION: Resolution finding that competitive bids are not required for procurement from Pfeiffer & Son, Ltd, and authorizing the City Manager, or designee, to execute an agreement with Pfeiffer & Son, Ltd. in the amount of $69,064.50 for the repair and preventative maintenance of the LED lighting system on the Harbor Bridge. PURPOSE: To repair the LED lights and complete preventative maintenance on the Harbor Bridge lighting system. BACKGROUND AND FINDINGS: In 2010, the City of Corpus Christi and the Port (jointly called the "Local Governments") entered into a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (called the "State") for the installation, maintenance and operations of decorative lighting on the Harbor Bridge. Per the Local Transportation Project Advance Funding Agreement Attachment C: "The Local Governments, at no cost to the State, will be responsible for all maintenance and operation of the Harbor Bridge decorative lighting once installed ...Maintenance and Operation shall include the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, electrical service, materials, equipment, labor, tools and incidentals to properly provide a functional Decorative Lighting System." The Advance Funding Agreement Amendment #1 Article 12 provides: "The Local Governments shall be equally responsible, fifty percent (50%), for maintenance of the decorative lighting on the Harbor Bridge, which is an on -state system location after completion of the work. The Local Governments are responsible for all costs incurred due to maintenance and operation after the completion of the project." Preventative Maintenance Includes: • Replacing attachments of the lighting system • Replacing uni-strut attachments • Addressing the effect of the constant vibration of the bridge on the lighting system In addition to the general maintenance needs of the Harbor Bridge, during the 4th of July, the Harbor Bridge was struck by an illegal firework which rendered the communications module for the lighting system inoperable. This component will be repaired as part of this maintenance assignment. Competitive bids are not required for procurement because the nature of this work requires two important qualifications: 1) In order to do work on TXDoT facilities, a contractor is required to be certified by TXDoT (in this case certification to do electrical work on the TXDoT free system); and 2) working knowledge of the Phillips Color Kinetics Lighting System currently installed on the Harbor Bridge. Pfeiffer & Son, Ltd Electrical & Telecommunication meet both qualifications. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: ACM -General Government & Operations Support Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 125,600.00 125,600.00 Encumbered / Expended Amount 5,000.00 5,000.00 This item 67,380.00 67,380.00 BALANCE 56,820.00 56,820.00 Fund(s): 12461- Harbor Bridge Lighting Comments: Per the Advanced Funding Agreement, the Port of Corpus Christi will reimburse the City 50% of this cost (67,380 x 50% = 33,690). RECOMMENDATION: Staff recommends approval of this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement with Pfeiffer & Son, LTD. Advanced Funding Agreement Resolution finding that competitive bids are not required for procurement from Pfeiffer & Son, Ltd, and authorizing the City Manager, or designee, to execute an agreement with Pfeiffer & Son, Ltd. in the amount of $69,064.50 for the repair and preventative maintenance of the LED lighting system on the Harbor Bridge. WHEREAS, in 2010, the City of Corpus Christi (City) and the Port of Corpus Christi (Port) jointly entered into an Advanced Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the installation, maintenance and operation of decorative lighting on the Harbor Bridge; WHEREAS, the AFA stipulated that the City and Port would be equally responsible for the maintenance and operation of the Harbor Bridge decorative lighting system once installed; WHEREAS, preventative maintenance of the system and repair to the communications module is required; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Govern- ment Code, Section 252.022(a)(7)(A), as this purchase relates to items available from only one source because of patents, copyrights, secret processes or natural monopolies; WHEREAS, the patented Philips Color Kinetics (PCK) LED Lighting System used on the Harbor Bridge is technically advanced and requires training from the manufacturer in order to maintain, troubleshoot and repair the system; and WHEREAS, Pfeiffer & Son, Ltd Electrical & Telecommunication Contractors has received training from the manufacturer and has demonstrated a good working knowledge of the PCK products installed on the Harbor Bridge. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute an agreement with Pfeiffer & Son, Ltd for an amount not to exceed $69,064.50 for the preventative maintenance and repairs of the Harbor Bridge decorative lighting system. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn Page 2 of 2 SMALL CONSTRUCTION CONTRACT AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES This CONSTRUCTION AGREEMENT is between the City of Corpus Christi, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee and Pfeiffer & Son, Ltd ("CONTRACTOR"), acting by and through its duly authorized representative, 6.4444“; Mor - (Name), itut,e(Title). The parties agree as follows: o -F G L PFsrFfIcA-s L4,4 WITNESSETH: I. CONTRACTOR shall complete certain improvements described in the proposal attached as Exhibit "A", perform all work as provided in said proposal, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the "Work"). The CITY reserves the right to make such changes in the scope of work and in the character of the work as may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and Incidentals necessary to the prosecution of the Work. 2. The Work described in Exhibit "A" shall be completed within 7 Calendar Days of Notice To Proceed. 3. In consideration of the completion of the above-described Work, the CITY agrees to pay to CONTRACTOR the lump sum amount of $69.064.50. Said payment shall be conditioned upon the acceptance of the work by the "CITY" as certified by its final inspection following the receipt of notice from the "CONTRACTOR" that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment Is made, the "CONTRACTOR" shall clean and remove from the work site all surplus and discarded materials, temporary structures, and debris of every kind in order to leave the work site in a neat, orderly condition, equal to that which originally existed. The "CONTRACTOR" shall submit a notarized affidavit that bilis for ail labor, equipment, materials and supplies associated with the project have been pald before final payment Is released. Insert Proj Name & # Page 1 of 3 4. All work shall be performed In a workmanlike manner and to the satisfaction of the CITY. The CITY shall determine the quality and acceptability of materials furnished, work performed, manner of performance and rate of progress of the Work. 5. The CONTRACTOR agrees to comply with all Insurance requirements as contained in Exhibit "B" (Insurance Requirements) and Notice To Contractors B (Worker's Compensation Coverage for Building or Construction Projects for Government Entities). 6. The CONTRACTOR shall, at all times, observe and comply with City, federal, state and county laws, ordinances or regulations which in any manner affect the conduct of the Work. The CONTRACTOR shall be responsible for procuring all legally required building, plumbing, electrical and other permits and licenses, pay ail charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise provided by the written terms of the plans and specifications. 7. The CONTRACTOR shall furnish the CITY a Payment Bond equal to 100% of the total contract amount, guaranteeing the full and prompt payment of all claimants supplying labor or materials in the prosecution of the Work provided for in this contract, and for the use and protection of each claimant. A Payment Bond will not be required if the agreement amount does not exceed $25,000.00. If the award amount exceeds $25,000.00, a Payment Bond will be required. The Payment Bond will be for 100% of the total amount awarded. The surety company must designate a local resident agent. A bond that is given to the City under thls contract must be executed by a surety company that is authorized and admitted to write surety bonds in the State of Texas. S. This Agreement or the Work provided may not be assigned or subcontracted by CONTRACTOR without the written permission of the CITY. Insert Proj Name & # Page 2 of 3 IN WITNESS WHEREOF this Agreement is executed In duplicate originals, both equal force and effect. CITY OF CORPUS CHRISTI CONTRACTOR: Ron Olson City Manager RECO Date 11 Wes Pierson Assistant City anager of General Govt & Operations Support APPROVED AS TO LEGAL FORM: gal Department APPROVED: Date l9 s1, aor.f Pfeiffer & Son, Ltd Date PO Box 1116 116 N. 16th Street La Porte, Texas 77572 281-471-4222 1!281-417-6856 Fax Date 113-/3 Director of Management & Budget Date Project Number Accounting Unit Account Activity Account Category Fund Name Insert Proj Name & # Page 3 of 3 EXHIBIT A PFEIFFERc!9JSON, LTD. Electrical & Telecommunication Contractors October 28, 2015 RE: Harbor Bridge Light Repairs/ Preventative Maintenance 2015 Per the information given by Teny Orf, we are pleased to offer for your consideration the following quote for the LED Hot repairs/ Preventative Maintenance on Harbor Bridge. We propose to provide all labor, and equipment needed to complete this work (Not to Exceed) $69.064.50 charge for work complete. Our scope includes the following: I) Troubleshoot and make repairs as follows. a) Repairs Include drilling weep holes in existing equipment boxes. 53,500.00 b) Replacing damaged PVC coated unistrut as needed. 54,900.00 c) Replacing damaged stainless steel all thread as needed. 53,500.00 d) Troubleshoot bridge communication system. 55,500.00 2) This quote includes the following. a) One 125' man lift for 5 days includes delivery and pickup. 58,150.00 b) One 80' man lift for 5 days incudes delivery and pick up. 55,750.00 c) 4 TXDOT single lane closures. 510,000.00 d) One 15 ton crane with man basket for 2 days - 58580.00 3) Scope includes driving up on a Sunday, receiving the lifts Monday morning, single lane closures on Monday - Friday, returning the lifts on Friday afternoon, and driving back to La Porte on Friday. 4) Our work schedule includes 4 workers starting work at 6 Am to 5 Pm. Portal to Portal from Sunday to Friday afternoon approximately 240 man hours plus Per Diem and lodging. 517,500.00 To avoid confusion, we offer the following clarifications: 1. payment bond Is included at 2.5% (51.684.501 2. Traffic control is included. 3. Two aerial man lift is included. 4. All lights are provided by Customer we will provide unistrut and mounting hardware only. 5. The previous quote is based upon information provided by the customer. If the actual conditions or requirements deviate from the provided information this quote may have to be reevaluated and re -priced. 6. Insurance coverage is at our standard Levels. —This Quote is only valid for 30 days.— If accepted fax or mail. Accepted by: Date: PIcase print name: P.O. fi: If you have any questions or need additional information, please feel fret to contact me at (281)471.4222. Sincerely, Oingir T01102/'. Andy Yoder Estimator PHONE: (281) 471-4222 • FAX: (281) 471-6856 P.O. BOX 1116 * 116 N, 16TH STREET LA PORTE, TEXAS 77572 Regulated by the Texas Department of Licensing and Regulation PO Box 12157, Austin, TX 78711; (800)803.9202,; (512)463-66599 www license,slate.tx.us Adopted Administrative Rules: 73,51(c) Electrical Contactors Responsibilities EXHIBIT B (Revised November -2013) INSURANCE REOUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. The Contractor shall not commence work under this Agreement until he/she has obtained all Insurance required herein and such insurance has been approved by the City. Nor shall the Contractor allow any subcontractor to commence work until all similar Insurance required of the subcontractor has been so obtained. B. The Contractor shall furnish a certificate, with the City named as an additional insured, showing the following minimum coverage from an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE/ AGGREGATE Commercial General Liability, Including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $1,000,000 PER OCCURRENCE $2,000,000 AGGREGATE BUSINESS AUTOMOBILE LIABILITY - OWNED NON -OWNED OR RENTED/LEASED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY STATUTORY $500,000/500,000/500,000 EXCESS LIABILITY/UMBRELLA LIABILITY $1,000,000 PER OCCURRENCE PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long-term environmental impact for the disposal of contaminants $2,000,000 PER CLAIM 0 REQUIRED X NOT REQUIRED BUILDERS' RISK (ALL PERILS INCLUDING COLLAPSE) EQUAL TO CONTRACT PRICE 0 REQUIRED X NOT REQUIRED INSTALLATION FLOATER EQUAL TO CONTRACT PRICE 0 REQUIRED X NOT REQUIRED Exhibit B - Insurance Requirements Page 1 of 3 C. In the event of accidents of any kind, the CONTRACTOR shall furnish the CITY with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. INDEMNIFICATION AND HOLD HARMLESS A. CONTRACTOR shall 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 or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused solely by the negligence or other fault of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. B. The CONTRACTOR shall obtain workers' compensation Insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the City requests that the Contractor sign the contract documents, the Contractor shall provide the City with a copy of its certlficate of authority to self -insure its workers' compensation coverage, as well as a letter, signed by the Contractor, stating that the certificate of authority to self - insure remains in effect and Is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self -Insure is revoked or Is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mall, return receipt requested, directed to: City of Corpus Christi, Department of Engineering Services, P. 0. Box 9277, Corpus Christi, Texas 78469, Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. C. Builder'; Risk Coverage: CONTRACTOR will be responsible for providing builder's risk insurance coverage for the term of the contract up to and including Exhibit B -- Insurance Requirements Page 2 of 3 the date the CITY finally accepts the project or work. Builder's risk coverage shall be an "AII Risk" form. The policy shall be a completed value form. The CONTRACTOR shall provide such builder's risk coverage at least in the amount of $ N/A , ( N/A Dollars ), which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise improved under the contract. CONTRACTOR shall be responsible for paying ail costs necessary to procure such builder's rlsk Insurance coverage, including any deductible. The CITY shall be named an additional insured on any policy providing such insurance coverage. III. ON THE CERTIFICATE OF INSURANCE: • The CITY OF CORPUS CHRISTI Is to be named as an additional insured on the certificate and by endorsement on the liability coverage, except for workers' compensation coverage. • For each insurance coverage, the Contractor shall obtain an endorsement to the applicable Insurance policy, signed by the insurer, providing the city with thirty (30) days prior written notice of cancellation of or material change on any coverage. • The NAME OF THE PROJECT should also be listed under "description of operations". Exhibit B - Insurance Requirements Page 3 of 3 Tam Ilarsiprieirs MEMORANDUM 01/10/2011 T4: Kam! Hale Corpus Christi Dist FROM: Joey Matesic Contract Service SUBJECT: AFA forinsiallation, maintenance and operations ot'decorathre lighting on the Harbor Bridge, US 181 CSJ: 0101.06-105 CS Log: 2011-426 Attached are: Two fully executed original counterparts for the referenced project. ff you have any questions, please contact me at 512.374.5128. Thank You STATE OF TEXAS § ORI(3INAL COUNTY OF TRA VIS § MASTER AGREEMENT GOVERNJNG LOCAL TRANSPORTATION PROJECT ADVANCE FUMING AGREEMENT'S THIS MASTER AGREEMENT (MAFA) is made by and between the State of Texas, acting by and through the Texas Depmmment of Transportation hereinafter called the "State", and the Ci tv of Corpus Christi acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991=EA) and the Transportation Equity Act for the 21" Century (TEA 21) codified under Thio 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing conummities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA 2I establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and adminiatration of State and federal fiords; and WHEREAS, the governing terms of this Master Agreement will provide for efficient and effective contract administration of the types of Local Project Advance Funding Agreements (LPAPA) listed in Attachment A; and, WHEREAS, the Texas Government Code, Section 441.189 allows any state record to be created or stored electronically in accordance with standards and procedures adopted as administrative rules of the Texas State Library and Archives Commission; and 1 WHEREAS, the Governing Body of the Local Government has approved catering into this Master Agreement by resolution or ordinance dated , amached hereto and made a part of this Master Agreement as Attachment B. 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: 1. Period of the Agreements This Master Agreement and the Local Project Advance Funding Agreements (LPAFAs) subject to this Master Agreement become effccdve when signed by the last party whose signing makes the respective agreements fully executed. This Master Agreement shall remain in effect until terminated as provided in Article 2. 2. Termination of this Master Agreement This agreement may be terminated by any of the following conditions: a. by mutura written consent and agreement of al] parties. b. by any party with 90 days written notice. ff this Master Agreement is terminated under thia dorso, all existing, folly executed LPAFAs made under this Master Agreement ahsll automatically incorporate all the provisions of this Master Agreement c. by either party, upon the failure of the other party to fulfill the obligations as set forth in this Master Agreement. 3. Termination of the Local Project Advance Funding Agreement (LPAFA) An LPAFA shall remain in effect until the project is completed and accepted by all parties, unless: a. the agreement is terminated in writing with the mutwal consent of the parties, all b. because of a broach of this Master Agreement or a breach of the Local Project Advance Pounding Agreerneut. Any cast hammed due to a breach of contract shall be paid by the breaching party. c. Auer the PS&E the local government may elect not to provide the funding and the project does not proceed because of insufficient funds; the local gover meet agrees to reimburse the State for he reasonable actual costs incurred dining the project. d. Conditions for termination as specified in the LPAFA ate fulfilled. 4. Amendments a. Amendment of this Master Agreement by Notice with Mutual Consent: The State may notify the Local Government of changes in this Master Agreement resulting from 2 changes in federal or state laws or rules or regulations and these changes in the Master Agreement shall be incorporated into this agreement unless the State is notified by the Local Government within 60 days. From time to time, the State may issue numbered restatements of this MAFA to wholly reflect its amendments. b. This Master Agreement may be amended due to changes in the agreement or the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. c. The notice of amendment and the amendment to this Muter Agrr.cment may be in an electronic form to the extent permitted by law and after a prior written consent of the parties to this agreement is made. d. Amendments to the LPAFAs due to changes in the character of the work or terms of the agreement, or responsibilities of the parties relating to a specific project governed under this Master Agreement may be enacted through a mutually agreed upon, written amendment to tete LPAFA. 5. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 6. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments, unless specified otherwise in a specific LPAFA under other provisions of this MAFA. 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. This includes, but is not limited to: 43 TAC $15.55 relating to Construction Cost Participation; 43 TAC $2I21 relating to State Participation in Relocation, Adjustment, and/orRemoval of Utilities; and, 43 TAC{ 21.31 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: a. per agreement; b. per all applicable statutes or rules, or c. as specified otherwise in a LPAFA. Prior to letting a construction contract for a local project, a utility certification must be made available to the State upon request stating that all utilities reeding to be adjusted for completion of the construction activity have been adjusted. 3 7. Environmental Assessment and Mitigation • Development of a local transportation project must comply with the National Environmental Policy Act end the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. a. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement, unless provided for otherwise in the specific project agreement. b. The Local Government is iesponsibk for the coat of any environmental problem's mitigation and relation, unless provided far otherwise in the specific project agreement. c. The Local Government is responsible forproviding any public meetings or public hearings required for development of the environmental assessment, unless provided for otherwise in the specific project agreement. d. The Local Government shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediatnd, unless provided for otherwise in the specific project agreement. 8. Compliance with Terns Acrrssibdltty Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this Master Agreement am in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulatirm, under the Architectural Barden Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americana with Diaabilitdes Act (13.14. 101-336) (ADA). 9. Architectural and Engineering Servkes Any party to this contract may have respostaibility for effecting the performance of archltecmral and engineering services. Or, the parties may agree to be individually responsible for portions of this wads,. The LPAPA shall define the party responsible for performance of this work. The engineering plans shall be developed In accordance with the applicable Stan's Standard Sperm for C.anstructlort and Maintenance of Highways, Streets and Bridge, and the special specifications and special provisions related thereto, unless specifically stated otherwise in the LPAPA and approved by the State. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CPR Part 172 if the project is federally funded and with Texas Goverment Code 2254, Subchapter A, in all cases. 4 Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. 10. Construction Responsibilities a. Unless specifically provided for otherwise in the LPAFA, the State shall advertise for construction bide, issue bid proposals, receives 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, which may become neceasary subsequent to the award of the construction contract. In order to ensure federal fimding eligibility, projects must be authorized by the State prior to advertising far constmcdon. b. All contact 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 Stab, 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 agreement will comply with federal construction requirements cited in 23 CPR Part 635 and with requirements cited in 23 CPR Part 633, and shall include the latest version of Ram "FHW'A--1273" in the contract bidding documents. If force accoimt work will be performed, a finding of cost effectiveness ahall be made in compliance with 23 CFR 635, Part B. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be reaponsible for maintenance of stats highway system after completion of the workif the work was on the state highway system, tmlesa otherwise provided for in the LPAFA or other prior existing maintenance agreement with the Local Government. 12. Local Project Sources and Uses of F ands a. The total estimated cost of the Project will be clearly stated in the local project agement The expected cash contributions from the federal, state, Local Governments or other patties will be clearly atated. The State will pay for only those project costs that have been approved by the Texas Transportation Comrniasiott. b. A project coat estimate showing the estimated contributions in kind or in cash for each major area of the local project will be provided in the LPAFA. This project cost estimate will show how necessary resources for completing the project will be provided by major coat categories. Theca categories include but are not limited to: (1) coats of real 5 property; (2) costa of utility work; (3))costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of conatrnctian and const ucdon management; and (6) any other local project costa. c. The State will be reaponsibfe for mecruing the Federal and State shams of the fimding required for the development and construction of the local project. Federal share of the project will be reimbursed to the local government on a cost basis. d. The Local Government will be responsible: for all non-federal or non -State participation costa associated with the Project, including any overrun in excess of the approved local project budget, tmleaa otherwise provided for in the LPAPA. e. Following execution of the LPAFA, but prior to the performance of any review work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation " m the amount specified in the LPAFA. The Local Government will pay at a minimmn its funding share for the estimated cost of preliminary engineering fur the project, unless otherwise provided for in the LPAFA. f. Sixty (60) days prior to the date aet for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs unless otherwise Provided for in the LPAFA. g. In the event the State determines that additionat funding is required by the Local Government at any due dndng the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification, unless otherwise provided for in the LPAPA. h. Upon completion of the Project, the State will perform an audit of the local project coats. Any funds due t0 the Local Government, the State, or the Federal government will, be promptly paid by the owing party. 1. The State will not pay interest cru any Ruda provided by the Local, Government. j. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, urtesa this agreement is terminated at the request of the Local Government prior to completion of the project. k. if the local project has been approved for a "fixed price" or an "incremental payment" non-etnndard flsnthng or payment arrangement under43 TAC *1552, the LPAPA will clearly state the amauut of the fixed price or the incremental payment schedule. 1. The Texas Comptroller of Public Aeccoimta has determined that certain counties qualify as Economically Disadvanta$ed Counties in comparison to other counties in the state as below average per capita property value, and below average per capita Winne, and above average unemployment, for certain years. The LPAFA will reflect adjustments to the standard financing gement based on this designation. m. The State will not execute the contract for the construction of a local project until the tequhed funding has been made available by the Local Government in accorhince with the LPAFA. 6 13. Right of Way and Real Property • The Local Government is responsible for the provision and ecq isition of any needed right of way or real pmperty, unless the State agrees to participate in the provision of right of way under the procedures described herein es parts A and B of this provision. 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 a project site under an 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 under the LPAFA. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Tltle II and Title ffi of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.CA. 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. If the local government purchases right of way fora local government street, title ryill be acquired in the name of the local government in accordance with applicable laws unless specifically stated otherwise in the LPAFA and approved by the State. lithe State participates in the purchase ()fright of way far the state, it will be under the proms established in the following paragraphs A or B, and the selected option shall be specified in the LPAFA. A. Purchase By the State for the State The State will assume responsibility for acquisition of all necessary right of way for the highway project. The Local Government will voluntarily contribute to the State funds equal to ten (10) percent of the cost of the right of way for the proper development and construction of the state highway system and shall transmit to the State a warrant or check payable to the Texas Department of Transportation when notified by the State of the estimated cost of the right of way. If the amount is found insufficient to pay the Local Government's obligation, then the Local Government, upon request of the State, will supplement this amount in such amount as requested by the State. Upon completion of the highway project and in the event the total amount paid by the Local Government is more than ten (10) percent of the actual coat of the right of way, any excess amount will be retrrrrned to the Local Government. Cost of the right of way by the State shall mean the total value of compensation paid to owners, including but not Limited to utility owners, for their property interests either through negotiations or eminent domain pmceednnga. 7 13. Purchase by the Local GoveiYmaartt for the State Pnrthasa: Right of way purchases shall be a joint effort of the State and the Local Government. Acquisition of right of way shall be in accordance with the terms of this agreement and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. The State agrees to reimburse the Local Government for its share of the coat of such right of way providing acquisitian when It has been anthnrized to proceed by the State. Location Surveys and Preparation ofRfgbt of Way Data: The State, without coat to the Local Government, will do the necessary preliminary engineering and title investigation in order to supply to the Local Government the data and instruments necessary to obtain acceptable tide to the desired right of way. Datar dnatlon of Right of Way Values: The Local Government agrees to make a determination of property values for each right of way parcel by methods acceptable to the Local Government and to submit to the State% District Office a tabulation of the values to let red, signed by the appropriate Loci Government representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Cotnpensalon dhall be shown in the component parts of land wind, itemization of improvements acquired, damages (if any), and the amounts by which the total compensation wilt be reduced ed if the ownerntains Improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all domed vahres. Such walk will be performed by the Local Government at its expense without cost participation by the State. The State will review the data , submlued and may base its int on the values which ate determined by this review. The State, however, reserves the right to perform at Its own expense any additional investigation deemed necessary, Including supplemental appraisal work by State employees or by employment of fee appraisers, all as may be necessary for determination of values to conatltute the basis for State reimbursement. If at any stage of the project development it is determined by mint between the State and Local Government that the requirement for the Local Government to submit to the State property value determinations for any part of the required right of way should be waived, the Local Government will mala apprvpriatn written notice to the State of such waiver, such notice to be acknowledged in writing by the State. In instances of such waiver, the State by its due processes and at its own expense will make a determination of values to constitute the basis for Sotto reimbursement. Negotiations: The State will notify the Local Government as soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of the Local Government without participation by the State; however, the Local Government will notify the State irately prior to closing the transaction so that a current title investigation may be mark to determine if there has been any change in the title. The Local Government will deliver properly executed 8 inatrtunents of conveyance which together with any curative instruments found to be necessary as a result of the Staten title investigation will be properly vest title in the State for each right of way parcel involved The costs incidental to negotiation and the cosi of recording the right of way instruments will be the responsibility of the Local Government The coat of title investigation will be the responsibility of the State. Condetnnatinn: Condenmation proceedings will be initiated ata time selected by the Local Government and will be the Local Govenunenth responsibility at its own expense except as hereinafter indicated. The Local Government will obtain from the State without cost current title information and engineering data at the time condemnation am to be indicated. Except as hereinafter sat forth the Local Government will ccmca .cantly file condemnation pxoceecrmga and a notice of lis pendens for each case in the name of the State, and in each cast so filed the judgment of the count will decree title to the property condemned to the State. The Local Government may, as set forth herein under "Excess Takings" and where It is determined to bo necessary, enter condemnation proceedings in its own name. Property acquired in the Local Government's name for the State must comply with requirements set forth in the engineering data and title investigation previously furnished to the Local Government by the State al such time as the Local Comment canvoya said property to the State. Court Costs, Costs of Special Cammissiou exs' Hearings and Appraisal Expense: Court costs and costs of Special Commissioners' hearings aasessed against the State or Local Government in condeumation proceedings conducted an behalf of the State and fees incident thereto will be paid by the Local Government Such costa and fees. with the exception of necordiing fees, will be eligible for ninety (90) percent State reimbursement under the established reimbursement procedure provided such costs and fees are eligible for payment by the Stam under existing law. Where the Local Government uses the States appraisers employed on a fee basis in Special Commissioners' hearings or subsequent appeals, the coat of the appraiser for updating the report, for preparing new reports, preparing for court testimony and appearing in court to testify in support of the appraisal will be paid direct by the Local Government, but will be eligible for ninety (90) percent State reimbursement under established lmucedure provided prior approval for such appraiser has been obtained from the State. Tho fen paid the appraiser by the Local Government shall be in accordance with the fee schedule set forth in the appraiserh contract for appraisal services with the State. Excess Takings: In the event the Local Government desires to eequixe land in excess of that requested by the State for right of way purposes, the State's cost participation will be limited to the property needed for its purposes. If the Local Government elects to acquire the cadre property, including the excess taking, by a single instrument of conveyance or in one eminent domain proceeding, the property involved will be acquired in the name of the Local Government and that portion requested by the State for right of way will be separately conveyed to the State by the Local Government When acquired by negotiation, the State's participation will be based on the States approved value of that part of the property requested for right of way purposes, 9 provided that such approved value does not exceed actual payment made by the Local Government. When acquired by condemmation. the Staten participation will be in the proportionate part of the final judgment amount computed on the basis of the relationship of the Stater approved value to the Stately predetermined value for the whole property. irovafs: Property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the zigbt of way uddeg. In anticipation of the owner desiring to retain impaovetnents, the States approved value will include the amounts by which the upper limit of State participation will be reduced for the 'mention. It is fwther agreed that the upper limit for the States participation in the Local Govnmentir cost far an improved parcel will be reduced as shown in the Stately approved value where the owner retains an improvement which is to be moved by either the Local Government or the owner. In the event improvements. which are, in whole or part, a part of the right of way taking are not retained by the owner; title is to be secured in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of the house, building or similar atructme which lies outside the right of way cannot be reconstructed adequately or there is nothing but salvage lei provided that the Statel value is eatabliahed on this basis and provided that title to the entire atructsne is taomn in the name of the State. The State shall dispose of all improvements acquired. The net revenue derived by the State from the disposition of any improvements sold through the General Services Commission will be crested to the coat of the right of way procured and shared with the Local Government Relocation of Utilities on Acquired State Right or Way: If the requited right of way eficroaches upon an existing utility located on its own right of way and the proposed highway construction requires the adjustment, removal or relocation of the ut0ity facility, the State will establiah the necessity for the utility work State participation in the cost of malting the necessary change, len any resulting increase in the value to the utility and less any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum" procedures. Reimbursement under "actual cost' will be made aubacquent to the Local Government cerdficatlon that the work has been completed and will be made in an amount equal to ninety (90) percent of the eligible items of coat as paid to the utility owner. The "hmrp sum" procedure requirea that the State establishes the eligibility of the utility work and enters into a three -party agreement, with the owners of the utility facilities and the Local Government, which sets faith the exact lump sum amount of teimbursemeent, based on a prior appraisal. The utility will be reimbursed by the Local Government after proper ceztlicathm by the utility that the work has been done, said reimbursement to be the basis of the prior lmnp sum agreement. The State will reimburse the Local Government in an amount equal to ninety (90) percent of the film commitment as paid to the utility owner. The foregoing is subject to the poovisioa that the individual lump sum approved value shall not exceed $20,000, except as specifically approved by the State. In those cases 10 where a single operation is estimated to exceed $20,000 the transaction will be brought to the attention of the State for determination of proper handling based upon the circumstances involved. Such utility firm commitment will be an appropriate item of right of way. The adjustment, removal or relocation of any utility line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement The term "utility" under this agreement shall include publicly, privately and cooperatively owned utilities. Fencing Requirements: The Local Government may either pay the property owner for existing right of way fences based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be included in the reccaomended value and the approved value, or the Local Government may do the fencing on the property owned remaining property. Where the Local Government performs right of way fencing as a pact of the total right of way conaideradon, neither the value of existing right of way fences nor damages for an unfenced condition will be included in the recommended value or the approved value. State participation in the Local Governmentis coat of constructing right of way fencing on the property owners remainder may be based on either the actual cost of the fencing or on a predetermined Inmp sum amount The State will be given ctelit for any salvaged fencing material and will not participate in any overhead COBD3 of the Local Government. If State participation is to bo requested on the lump sum basis, the State and the Local Government will reach an amt prior to the actual accomplishment of the work as to the necessity, eligibility and a firm commitmem as to the cost of the eatbe fencing wodc to be performed. The foregoing is subject to the provision that the lump sum approved coat shall not exceed $20,000, except as specifically approved by the State. In the event the cost of the fencing is estimated to exceed $20,000, the transaction will be brought to the attanndon of the State for determination of proper handling based upon the circumstances involved. Reimbursement: The State will reimburse the Local Government for right of way acquired after the date of this agreement in amount not to exceed ninety (90) percent of the coat of the right of way acquired in accordance with the gams end provisions of this agreement The Stater reimbursement will be la the amount of ninety (90) percent of the States predetermined value of each parcel, or the net cost thereof, whichever is the leaser amount. If condemnation is necessary and title is taken as set forth herein under the section entitled "Condemnation," the participation by the State shall be based on the final judgment, conditioned upon the State having been notified in writing prior to the filing of such suit and upon prompt notice being given es to all action taken them. The State shall have the right to become a party to the suit at any time for all 11 purposes, including the tight of appeal at any stage of the proceedings. All other items of cost shall be borne by the State o and the Local Government as provided in other sections of this agreement. If a lump sum fencing or utility adjustment agreement has been executed, the State will reimburse the Local Government in the amount of ninety (90) pmt of the predetermined lump sum cost of the right of way fencing or utility adjustment. If the Local Government prefus not to execute a lump sum agreement for either fencing or utility adjustments, the State will nimbi= on the actual cost of such fencing or adjustments. The Local Government's request for reimbursement will be supported by a breakdown of the labor, materials and equipment used. General: It is understood that the terms of this agreement shall apply to new right of way authorized and requested by the State which is needed and not yet dedicated, in use or previously acquired in the name of the State or Local Government for highway, street or mad purposes. This agreement shall also apply, with regard to any existing right of way, to outstanding property interests not previously acquired and to eligible anility adjustments not previously made, as authorized and requested by the State. It is further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this agreement, such unusual cid ar problems will be resolved by mutual agreement between the State and the Local Government. 14. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addressee: State: Hilly D. Parka. P.E. Taint Department of Transportation P.A. Box 9907 Cornus Christi. Texas 78469-9907 Local Goverment: Angel Escobar. P.E. Citvpf Corpus Cluiati P.+D.itx 9277 Corpus Christi, Texas 78469-9277 All notices shall be deemed given on the date so delivered or so deposited in the mail, anises otherwise provided herein. Father party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices 12 shall be delivered personally or by certified U.S. marl and such request shall be honored and carried out by the other parry. 15. Legal Construction In cast one or mora of the provisions contained in data agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity. illegality or umenfozceabe'lity shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal or umenforreable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all docents prepared by the State shall remain the property of the Strata. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All dominants prudueed or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 18. Compliance with Laws The patties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this cornpliance. 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and sees any prior understandings or written or oral agreements respecting the agreeinent'a subject matter. 20. Cost Principles In order to be reimbursed with federal fimds, the parties shall comply with the Coat Principles established in OMB L1rcular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 13 2L Procurement and Property Mansgemint Standards The parties shall adhere to the procurement standards established in Title 49 CFR 118.36 and with the property management standard established in Title 49 CFR 11832. 22. Inspection of Books and Records The parties to the agreement shall maintain all books, documents, papers, accounting Morris and other documentation relating to costs inured under this agreement and shall make such materials available to the State, the Local Government, and, if morally funded, the Federal Highway Administration (+HWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, end the PHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements 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 No. A-128 August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 24 Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR 1710.405(13)), 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). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program rcquirements estebliahed in 49 CPR Part 26. 26. Debarment Certifications 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 Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to 14 furnish a copy of the certification in accordance with Title 49 CFR Fart 29 (Debarment and Suspension). 27. Lobbying Certification In executing this Master Agreement, the signatories certify to the best of his or her knowledge and belief, that a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member 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 eute dug into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any fends 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 federal contracts, grants, foams, or cooperative agents, the signatory for the Local Government shall complete and submit the federal Standard Form -LLL, "Madonna Form to Report Lobbying," in accordance with its instructions. c. The parties; shall require that the language of this certification be included in the award documents for all subawards at all tient (including subcontracts, aubgranta, and contracts under grants, Loans, and cooperative agreements) and that all subrccipients shall certify and disclose accordingly. By executing an LPAFA under this Master Agreement, the parties rearmm this Iobbying certification with respect to the indsvidual projects and reaffirm this certification of the material representation of facts upon which reliance will be made. Submission of thin certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fella to file the required certification shall be subject to a civil penalty of not leas than $10,000 and not more than $IO0,000 for each such failure. • 28. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. 15 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed In duplicate counterparts. By: Title: Dare: "D/043 G.I�(U�auwr�`J' Approved as to form: James A Bray Jr City Attomey By x Lisa Agt Assistant City Attorney AMU: l/ l.[L... atTHE STATE OF TEXAS Atihmoo CHAPA tmtr,Rr Rxecuted for the Executive Director and approved for the Texas Transportation Cameron for the purpose end effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By. Date: D. 5ldano, Director Services Office 16 iY Cuurn:14. ...=.147/ i[. 0 ATTACHMENT A TYPES 01? LPAFA FUNDING CATEGORIES UNDER THE MAFA Federal Categories Prefix Federal Categories Prefix Interstate Interstate I Interstate Mai mance IM Interstate AR Discretionary IDR Interstate Constar. Discretionary ID Bridges Bridges Repair/Rehab On+Syen Demonstration Projects Ai Priority Corridor on NHS Rural Act= Projects laaavative Projects Priority Intecraadal Projects Congestion Corridor High Priority Projects CPR DPR DPI DPM 1VHIITS HP BR/BEI Other National Highway System NE Surface Transportation Program Forest Highways Urban Mobility/Rehab STP -UM Areas < 204UO0 Eabanccmeat SIP TE STATE CATEGORIES Metro Mobility/Rehab SIP -MM Urban Mobutty/Rshab Urban & Rural Rehabilitation STP -R Rural Mobility Rehab STP -RM Rail-Ev9 Gassing Protective Devices Rel! Hwy Cruising hazard Elimination STPD Preventive Malignance Farm-ro-MrxiostlFarm-to-Mariost Rehab District Daaasy State Feuded Rehab Park Road STP RXH Railroad grade Separations STP -ROS Safety -Haunt! Elimination STP -IAF :S Coffin Mitigation & Air Quality CM Donor State Bonds' Stam Funded Mobility PASS/PASS Metro Match Traffic Signals, Signing & Payrraeat Marl MisceUa cocz Railroad Rephddng Stam Funded Landscape CPM A/AR CD c c c c Any Ansa DB Stats Urban Street Areas>200400 DBM c. c CRX C/C L CLM CUS Arens Q00.000 DBU Minimum Guarantee MG Others per LPAFA exception Off -System Bridges Program BROX 'BSTEA Funding Categories -- Not Re-established in TEA 21 1 17 STATE OF TEXAS § COUNTY OF NUECES § ATTACHMENT B RESOLUTION KNOW ALL DM N BYTHESE PRESENTS: WHEREAS, the Port of Corpus Christi Authority of Nueces County Texas fi'Authority) has applied for state and federal funding for various traaspariationrelatedpmjects such as the Joe Fulton International Trade Corridor and the Water Taxi to be located near the Congressman Solomon P. Ortiz international Center; and and WHEREAS, the state and federal funding has been approved for several of these projects; WHEREAS, Authority desires to enter into a Master Agreement Governing Local Transportation Project Advance Funding Agreements and Amendment to Master Agreement Governing Local Transportation Project Advance Funding Agreements with the State of Turas, acting by and through the Texan Department ofT ransportetion (" 'xDot") for the administration and management of the planning, design and construction phases of its transportation related projects; and NOW THEREFORE, BE IT RESOLVED THAT the Port Commission of the Port of Corpus Christi Authority unanimously approves the Master Agreement Governing Local Transportation Project Advance Funding .Agreements and Amendment to Master Agreement Governing Local Tremaportation Project Advance Funding Agreements; and the Executive Director, John P. LaRue, of the Port of Corpus Christi Authority is authorized to execute these agreements. PASSED by the Port Commission in an open meeting an January 8, 2002. RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A MASTER AGREEMENT GOVERNING LOCAL. TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION NOW, THEREFORE, BE IT RESOLVED BY THE CORPUS CHRISTI CITY COUNCIL: SECTION I. That the City Manager. or designee, k authorized to execute a Master Agreement Governing Local Transportation Project Advance Funding Agreements with die Texas Department of Transponation. A copy of the Agreement is attached as an exhibit to this Resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chaga, City Secretary Legal form approved Ira— 14 By: i..- 49—Samuel L. eal, Jr, .2001; James R Bray, Jr., City Attorney Lisa Aguilar V Assistant City Attorney 0 24478 Corpus Christi, Texas wily of . 1 Lt_n f , i o_a The above resolution was passed by the following vote: Samuel L. Neal, Jr. C l{( -e1 Brent Chesney (1, lit. . Javier D. Colmenero 01 t Henry Garreu Olt' Sill KaIIy C1 l ' i Rex A. Kinnison {:t John Longoria ______04:1}LI_ Jesse Noyoia !1 Vi.. Mark Scott 4L , t 10244?S ORIGINAL AMENDMENT TO MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS AMENDMENT NO. 1 This is an amendment to the Master Agreement Governing Local Transportation Project Advance Funding Agreements ("MAFA") entered into on the same date as this amendment by and between the State of Texas, acting by and thmugh the Texas Department of Transportation (hereinafter called "State', and Port of Corpus Christi Authority of Nueces County, Texas (hereinafter called `Local Government"). 1, The MAFA is hereby amended to add Article 29, which is in its entirety as follows: "Article 29. Deflnitlons A. MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS. This agreement entered into by and between State and Local Government which is also rnferred to herein as "MAFA", "Master Agreement", "this agreement", and "this contract", B. LOCAL PROJECT ADVANCE FUNDING AGREEMENTS. A written agreement entered into by and between State and Local Government pumuant to this MAFA which defines the scope and development of a local project to be undertaken, and which deEmes the various separate ar different duties and responsibilities State and Local Government have with respect to the local project, and which is also referred to herein as "LPAFA", "specific project agreement", and "local project agreement". C. PROJECT. The project that is of the category stated in Attachment A and defined as to its scope and development in the LPAFA, and which is also referred to herein as "Project", "project", "Iocal project", "construction activity", "the work", and "highway project". D. PS&E. Construction plans, specification and cost estimates are also referred to herein as "PS&E". 2. The .first sentence in Article 8 is hereby amended to read in its entirety as follows: "Each party hereto is separately responsible to cause the plans for and the construction of all projects subject to this Master Agreement to be in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation under the Architectural Barriers Act , Article 9102, Texas Civil Statutes." H:1Fr FC81Wa,aes:{1PQt of CC Maly An= threntrev (IRI2002 4:1 Q PM) 1 3. The first paragraph of Article 9 is hereby amended to read in its entirety as follows: "The LPAFA will define each party's separate responsibility for effecting the performance of architectural and engineering services" 4. The last sentence of Article 12. a. is hereby amended to read in its entirety as follows: "The State will pay for only those project costs that have been approved by the Texas Transportation Commission, which approval will be reflected by the State's execution of the LPAFA." 5, The first sentence of the third paragraph of Article 13 is hereby amended in its entirety as follows: "Each party to this agreement will comply with, and separately be responsible for the costs of compliance with, all the requirements of Title II and Title iII of the Uniform Reloration 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)." Dation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. H 1NAFCBlWtmRa:ll?ari et -croon Amdmoalm (1172002 4.19 PM) IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterpart.. THE LOCAL GOVERNMENT PORT OF CORPUS CHRLSTL AUTHORITY OF NUECIIS COUNTY, TEXAS By: Date: John P. LaRue Aged Executive Director THE STATE OF TEXAS Executed for the Executive Director and approved far the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programa heretofore approved and authorized by the Texas Transportation Commission. r: Jemmifer D Vino57 Director Contract Services Office By Date: HThWiIc*iaii?i c(CC Ma. (1/8/2002 &fl AM) 3 STATE OF TEXAS § COUNTY OF TRAVIS § MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS ORIGINAL THIS MASTER AGREEMENT (MAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the Port of Corpus Christi Authority of Nueces County, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Internodal Surface T rensportatioa and Bfficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21n Century (TEA 21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation pmgremns to meet the challenges of protecting and enhancing communities and the natural environment and advancthg the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA -21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require Iocal governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the governing tonna of this Master Agreement will provide for efficient and effective contract administration of the types of Local Project Advance Funding Agreements (LPAPA) Listed in Attachment A. and, WHEREAS, the Texas Government Code, Section 941.189 allows any state record to be created or stored electronically in accordance with standards and procedures adopted as administrative rules of the Texas State Library and Archives Commission; and H:un,sv=%taterladVvIAFA-firalikc (1/N20 33 AM) WHEREAS, the Governing Body of the Local Gown: meat has approved entering into this Mesh Agreement by resolution or ordinance dated January 8, 2002, attached hereto and made a part of this Master Agreement as Attachment B. 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 Period of the Agreements This Master Agreement and the Local Project Advance Funding Agreomenis (LPAFAs) subject to this Master Agreement become effective when signed by the last party whose signing makes the respective agreements fully executed. This Master Agreement shall remain in effect until terminated as provided in Article 2,. Termination of dila Master Agreement This agreement may be terminated by any of the following conditions: by mutual written consent and agreement of all parties, by any party with 90 days written notices If this Master Agreement is terminated under this clause, all existing, hilly executed LPAFAs made under thin Master Agreement shall automatically incorporate all the provisions of this Master Agreement by either party, upon die failure of the other party to fulfill the obligations an set forth in this Master Agreement. Termination of the Lodi Project Advance Funding Agreement (LPAFA) An LPAFA ahall remain in effect until the project is completed and accepted by all parties, unless: the agreement is terminated in writing with the mutual consent of the parties, or, because of a breach of this Master Agreement or a breach of the Local Project Advance Funding Amt Any cost incurred due to a breach of contract shall be paid by the breaching party. After the PS&E the Local government may eieot not to provide the hording and the pmject does not proceed because of insufficient funds; the local government agrees to reimburse the Stale for its reasonable actual costs incurred during the project. HAENOPCatwaertzelMAPMEoalzke (I/Iit=002 1115 AM) 2 Conditions for termination as specified in the LPAFA are fulfilled, Amendments Amendment of this Master Agreement by Notice with Mutual Consent: The State may notify the Local Government of changes in this Master Agreement resulting from changes in federal or state laws or rules or regulations and these changes in the Master Agreement shall be incorporated into this agreement unless the State is notified by the Local Government within 60 days. From time to time, the Stale may issue numbered restatements of this MAFA to wholly reflect its amendments. This Master Agreement may be amended due to changes in the agreement or the responsibilities of the parties. Such amendment must be made th augb a mutually agreed upon, written amendment that is eocecuted by the parties. The notice of amendment and the amendment to this Master Agreement may be in an electronic form to the extent permitted by law and after a prior written consent of the parties to this agreement is made. Amendments to the LPAFAM due to changes in the character of the work or terms of the agreement, or responaibilities of the parties relating to a specific project governed under this Master Agreement may be enacted through a mutually agreed upon, written amendment to the LPAFA. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Govern neat will be responaible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments, unless specified otherwise in a specific LPAFA under other previsions of this MAFA, The Local Goverment shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC §1555 relating to Construction Cost Participation; 43 TAC §2I.2I relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 2I.31 et seq. relating to Utility Accommodation_ The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation HAEDI fCB1an1crIaxAM.APA•awl.dec (U1/2002 &33 AM) 3 during the construction of the proficti unless this work is provided by the owners of the utility facilities: peragreement; per all applicable statutes or rules, or as specified otherwise in a LPAPA. Prior to Letting a construction contract for a local project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the constriction activity have been adjusted. Environmental Assessment and Mitigation Development of a Local transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement, unless provided for otherwise in the specific project agree nent- The Local Government is respond ile for the cost of any environmental problem's mitigation and remediation, unless provided for otherwise in the specific project agreement. The Local Government is responsible for providing any public meetings or public bearings required for development of the environmental assessment, unless provided for otherwise in the specific project agreement The Local Government shall provide the State with written certification from appropriate regulatory age ncy(ies) that identified d environmental problems have been remediated, unless provided for otherwise in the specific project agreement. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall eosrnre that the plans for and the construction of all projects subject to this Master Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessr-br-Iity requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101.336) (ADA). W n FCBwortutzza1MAPA-aril doc (11 /2002 =33 AM) 4 • Architectural and Engineering Services Any party to this contract may have responsibility for effecting the performance of architectural and engineering services. Or, the parties may agree to be individually responsible for portions of this work. The LPAFA sha]1 define the party responsible for performance of this work. The engineering plans shall be developed in accordance with the applicable State's Standard Specification for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto, unless specifically stated otherwise in the LPAFA and approved bythe State. In procuring professional services, the parties to this agreement must comply with federal requi eraenta cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all caste Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. Conatrnctian Responsibilities Unless specifically provided for otherwise in the LPAFA, the State shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responarbility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the comet lctiom =track In order to ensure federal funding eligibility, projects must bo authorized by the State prior to advertising for construction. All contract letting and award procedures must be approved by the State prior to letting and award of the construction contract, whether the construction coact is awarded by the State or by the Local Government. All contract change order review and approval procedures must be approved by the State prior to start of construction. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. For federally funded contracts, the parties to this agreement 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 forte account work will be performed, a finding of coat effectiveness shall be made in compliance with 23 GFR 635, Part B. NkFatIPCSloftriai IAA-rp.ldoe (115/2002 533 Ar) 5 Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was an the state highway system, unless otherwise provided for in the LPAFA or other prior existing maintenance agreement with the Local Government. Local Project Sources and Uses of Funds a. The total estimated cost of the Project will be dearly stated in the local project agreement. The expected cash contributions from the federal, state, Local Goverment or other parties will be clearly stated. The State will pay for only those project costs that have been approved by the Texas Transportation Commission. A project cost estimate showing the estimated contributions in kind or in cash for each major area of the local project will be provided in the LPAFA. This project cost estimate will show how necessary resources for completing the project will be provided by major coat categories. These categories include but are not limited to: (I) costs of real property, (2) coats of utility work (3) costs of enviramnental assessment and remediation; (4) cost of preliminary engineering end design; (5) cost of construction and construction management; and (6) any other local project costs. The State will be responsible for seeming the Federal and State share of the funding required for the development and construction of the local project Federal share of the project will he reimbursed to the local government on a cost basis. The Local Government will be responsible for all nonfederal or non -State participation costs associated with the Project, including any overruns in excess of the approved local project budget, unless otherwise provided for in the LPAFA. Following execution of the LPAFA, but prior to the performance of any review work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation " in the amount specified in the LPAFA. The Local Government wilt pay at a minimum its finding share for the estimated cost of preliminary engineering for the project, unless otherwise provided for in the LPAFA. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs, tnless otherwise provided for in the LPAFA. In the event the State determines that additional funding is required by the Local Government at any time during the Project, the State will notify the Local Goverment in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification, unless otherwise provided for in the LPAFA. H.ii eECB wrarrta,MlAMM6narales (1/1/20472 11:33 AM) 6 Upon completion of the Project, the State will perform an audit of the local project costs. Any funds due to the Local Government, the State, or the Federal government will be promptly paid by the owing party. The State will not pay interest on any funds provided by the Local Govern em. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incus on the local project, unless this agreement is terminated at the request of the Local Goverruneat prior to completion of the project. If the local project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the LPAFA will clearly state the amount of the fixed price or the incremental payment schedule. The Texas Comptroller of Public Accounts has deteanined that certain counties qualify as Economically Disadvantaged Comities in comparison to other counties in the state as below average par capita property value, and below average per capita income, and above average unemployment, for certain years. The LPAFA will reflect adjustments to the standard financing arrangement based on this designation. The State will not execute the coutract for the construction of a Iocal project until the required funding has been made available by the Local Government in accordance with the LPAFA. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of any needed right of way or real property, unless the State agrees to participate in the prevision of right of way under the procedures described herein as parts A and B of this provision. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement offhe right of way or real property. If the Local Government is the owner of any part of a project site under an LPAFA, the Local Government ahail permit the State or its anthorized representative access to occupy the site to perform all activities required to execute the work under the LPAFA. Ali parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title 111 of the Iinifonn Relocation Assistance and Real Property Acquisition Policies Act of [970, 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 Goverment, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 242(g). Documentation to support such compliance must be maintained end made available to the State and its representatives for review and inspection. W'IEnsiFCBWItimu1AFA•Onadoc (11812002 8:33 AM) 7 If the Local government purchases right of way for a Local government street, title will be acquired in the name of the local govermnent in accordance with applicable laws reruns specifically stated otherwise in the LPAFA and approved by the State. If the State participates in the purchase °fright of way for the state, it will be under the processes established in the following paragraphs A or B, and the selected option shall be specified in the LPAPA. Purchase By the State for the State The State will assume responsibility for acquisition of all necessary right of way for the highway project. The Local Government will voluntarily contribute to the State funds equal to ten (10) percent of the cost of the right of way for the proper development and construction of the state highway system and $hall transmit to the State a warrant or check payable to the Texas Department of Transportation when notified by the State of the estimated coat of the right of way. If the amount is found insufficient to pay the Local Government's obligation, then the Local Government, upon request of the State, will supplement this amount in such amount as requested by the State. Upon completion of the highway project and in the event the total amount paid by the Local Government is more than ten (10) percent of the actual cost of the aright of way, any excess amount will be returned to the Local Government. Cod of the right of way by the State shall mean the total value of compensation paid to owners, including but not limited to utility owners, for their property interests either through negotiations or eminent domain proceedings. Purchase by the Local Government for the State Purchase: Right of way purchases shall be a joint effort of the Sate and the Local Govanmient. Acquisition of right of way shall be in accordance with the teems of this agreement and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. The State agrees to reimburse the Local Government for its share of the cost of each right of way providing acquisition wben it has been authorized to proceed by the State. Location Surveys and Preparation of Right of Way Data: The State, without cost to the Local Government, wail do the necessary preliminary engineering and title investigation in order to supply to the Local Government the data and instalments necessary to obtain acceptable title to the desired tight away. Determination of Right of Way Values: The Local Government agrees to make a determination of property values for each right of way parcel by methods acceptable to the Local Government and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate Local Government representative. Such tabulations shall list the parcel ambers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any), and the amounts by which the total compensation will be reduced if the owner retains r 1im 2131walar uMiAFA-[htar.dae {OMMf1002 193 AM) 8 impmvernents. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all determined values. Such work will be performed by the Local Government at its expanse without cost participation by the State. The State will review the data submitted and may base its reimbursement an the values which are determined by this review. The State, however, reserves the right to perform at its own expense any additional investigation deemed necessary, including supplemental appraisal work by State employees or by employment of fee appraisers, all as may be necessary for determination of values to constitute the basis for State reimbursement. If at any stage of the project development it is determined by mutual -agreement between the State and Local Government that the requirement for the Lova/ Government to submit to the State property value determinations for any part of the required right of way should, be waived, the Local Goverment will make appropriate written notice to the State of such waiver, such notice to be acknowledged In writing by the State. In instances of such waiver, the State by its due processes and at its own expense will make a determination of values to constitute the basis for State reimbursement. Negotiations: The State will notify the Local Government as soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of the Local Government without participation by the State; however, the Local Government will notify the State immediately prior to closing the transaction so that a current title investigation may be made to determine if there has bean any change in the title. The Local Government will deliver properly executed instruments of conveyance which together with any curative inat uments found to be necessary as a result of the State'a title investigation will be properly vest title in the State for each right of way parcel involved The costs incidental to negotiation and the coats of recording the right of way instruments will be the responsibility of the Local Government. The cost of title investigation will be the responsibility of the State. Condemnation: Condemnation proceedings will be initisteil at a time selected by the Local Government and win be the Local Government's responsibility at ita own expense except as hereinafter indicated. The Local Government will obtain from the Stale without cost coolant title information and engineering data at the time condemnation are to be indicated Except as hem set forth the Local Government will concurrently file condemnation proceedings and a notice of lis pendens for each case in the name of the State, and in each case so filed the judgment of the court will decree title to the property condemned to the State. The Local Government may, as set forth herein under 'Excess Takings' and where it is determined to be necessary, enter condexc nation proceedings in its own name. Property acquired in the Local Government's name: for the State must comply with requirements set forth in the engineering data and title investigation pn vionaly furnished to the Local Government by the State at such time as the Local Government conveys said property to the State. Court Costa, Costs of Special Commissioners' Hearings and Appraisal Expense: Court coats and costa of Special Commissioners' hearings assessed against the State or Local Government in condemnation proceedings conducted on behalf of the State and fees incident thereto will be paid by the Local Goverannent. Such costs and fees, with the exception of recording fees, will be eligible for ninety (90) percent State reimbursement under the establlahcd reimbursement procedure provided such coats and fees are eligible for payment by the State under existing law. Where the Local Government uses the State's appraisers employed on a fee basis in Special Commissioners' }L & IFCB 4 MAPA-anaLdoe (uVio02 893 AM) 9 hearings or subsequent appeals, the cost of the appraiser for upd&ting the report, for preparing new reports, preparing for court testimony and appearing in court to testify in support of the appraisal will be paid direct by the Local Government, but will be eligible for ninety (90) percent State reimbursement under established procedure provided prior approval for such appraises has been obtained from the State. The fee paid the appraiser by the Local Government shall be in accordance with the fee schedule set forth in the sera contract for appraisal services with the §'tate. Excess Takings: In the event the Local Government desires to acquire land in excess of that requested by the State for right of way proposes, the State's cost participation will be limited to the property needed for its purposes. If the Local Government electa to acquire the entire property, including the excess taking, by a single instrument of conveyance or in one eminent domain proceeding, the property involved will be acquired in the name of the Local Govermnent and that portion requested by the State for right of way will be separately conveyed to the State by the Local Govermnent When acquired by negotiation, the State's participation will be based on the State's approved value of that part of the property requested for right of way purposes, provided that such approved value does not exceed actual payment made by the Local Government. When acquired by candamnation, the State's participation will be in the proportionate part of the final judgment amount computed on the basis of the relationship of the State's approved value to the State's predetermined value for the whole property. Improvements: Property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the right of way taking. In anticipation of the owner desiring to wain improvements, the State's approved value will include the amounts by which the upper limit of State participation will be reduced for the retention. It is fiirtber agreed that the upper limit for the State's participation in the Local Gwmrnmeni'a cost for an improved parcel will be reduced as shown in the State's approved value where the owner retains an improvement which is to be moved by either the Local Government or the owner. In the event improvements, which are, in whole or part, a part of the right of way taking are not retained by the owner, title is to be secured in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of the house, building or similar street= a which lies outside the right of way cannot be reconstructed adequately or there is nothing but salvage left, provided that tiro State's value is established on this basin and provided that title to the entire structure is taken in the name of the State. The State shall dispose of all improvements acquired. The net revenue derived by the State from the dispodtian of any improvements sold through the General Services Commission will be credited to the coat of the right of way procured and shared with the Local Government. Relocation of Utilities on Acquired State Right of Way: If the required right of way encroaches upon an existing utility located on its own right of way and the proposed highway construction requires the adjustment, removal or relocation of the utility facility, the State will establish the necessity for the utility work. State participation in the coat of making the necessary change, less any resulting increase In the value to the utility and less any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum" procedures. Kiiing0F 34urslatixAMAFA-arakdx (t1812 OI &33 AM) 10 Reimbursement under "actual cost" will be made subsequent to the Local Government's certification that the work has been completed and will be made in an amount equal to ninety (90) percent of the eligible items of cost as paid to the utility owner. The "lump euro" procedure requires that the State establishes the eligibility of the utility work and enters into a three -party agreement, with the owners of the utility facilities and the Local Government, which sets forth the exact lump sum amount of reimbursement, based on a prior appraisal. The utility will be =eimhwsed by the Local Government after proper certification by the utility that the work has been done, said ztirnburacmcnt to be the basis of the prior lump sum agreement. The State will reimburse the Local Government in an amount equal to ninety (90) percent of the firm comm tmenl as paid to the utility owner. The foregoing is subject to the provision that the individual lump sum approved value shall not exceed $.20,000, eXcept as specifically approved by the State. In those cases where a single operation is estimated to exceed $20,000 the transaction will be brought to the attention of the State for determination of proper handling based upon the circumstances involved. Such utility firm commitment will be an appropriate item of sight of way. The adjustment, removal or relocation of any utility line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement. The term "utility" under this agreement shall include publicly, privately and cooperatively owned maks. Fencing Requirements: The Local Government may either pay the property owner for existing right of way fences based on the valve such fences contribute to the part taken and damages for an unfenced condition resulting fiam the right of way tacking, in which case the estimated value of each right of way fences and such damages will be included in the recommended value and the approved value, or the Local Government may do the fencing on the property owner's remaining propertY• Where the Local Government performs right of way fencing as a part of the total right of way consideration, neither the valve of existing right of way fences nor damages for an tmfenced condition will be included in the recommended value or the approved value. State participation in the Local Govermnenrs coat of constructing right of way fencing on the property owner's remainder may be based on either the actual cost of the fencing or on a predetermined lwnrp sem amount. The State will bc given credit for any salvaged finning material and will not participate in any overhead costs of the Local Government. if State participation is to be requested on the lump sum basis, the State and the Local Government will reach an agreement prior to the actual accomptisbment of the work 83 to the necesaity, eligibility and a fire commitment as to the cost of the entire fencing wodc to be performed. The foregoing is subject to the provision that the Iump surn approved cost shall not exceed $20,000, except as specifically approved by the State. in the event the cost of the fencing is estimated to exceed 520,000, the transaction will be brought to the attention of the State for detem malion of proper handling based upon the circumstances involved. Reimbursement: The State will reimburse the Local Government for right of way acquired after the date of this agreement in amount not to exceed ninety (90) percent of the cost of the right of way acquired in accordance with the terms and provisions of this agreement. The State's H:1EneFCs►o* DuzN4AFA•rinsLdae (11 !1003 11:33 AM) tt reimbursement will be in the amount of ninety (90) percent of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. If condemnation is necessary and title is taken as set forth herein under the section entitled "Condemnation," the participation by the State shall be based on the final judgment, conditioned upon the State having been notified in writing prior to the filing of such suit and upon prompt notice being given as to all action taken therein. The State shall have the right to become a party to the suit at any time for all imposes, including the right of appeal at any stage of the proceedings. All other items of cost shall be born by the State and the Local Goverment as provided in other sections of this agreement. If a lump sum fencing or utility adjustment agreement has been executed, the State will reimburse the Local Government in the amount of ninety (90) percent of the predetermined hump sum coat of the right of way fencing or utility adjustment. lithe Local Government prefers not to execute a lump sum agreement fbr either fencing or utility adjustments, the State will reimburse on the actual cost of such fencing or adjustments. The Local Government'` request for reimbursement will be supported by a breakdown of the labor, materials and equipment used. General: it is understood that the trams of this agreement shall apply to new right of way authorized and requested by the State which is needed and not yet dedicated, in use or previously acquired in the name of the State or Local Government for highway, street or mad purposes. This agreement shall also apply, with regard to any existing right of way, to outstanding property interests not previously acquired and to eligible utility adjustments not previously made, as authorized and requeeted by the State. It is further understood that if unusual circumstancea develop in the right of way acquisition which are not clearly covered by the teams of this agreement, such unusual circumstances or problems will be resolved by mutual agreement between the Suite and the Local Government. Notices All notices to either party by the other required under this agreement shall be delivered personally or sant by certified or U.S. mall, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: State: Texas Department ofTransport2tion P. 0. Box 9907 Corpus Christi, Texas 78469-9907 Attention: David B. Casteel, N.E. District Engineer Corpus Christi District R:1FsglFCauwlrttallMAFA-iumldoc t3l92002 1112 AiM3 E2 Local Government: Port of Corpus Christi Authority 222 Power Street Corpus Christi, Texas 78401 Attention: Frank C. Brogan, P.E., R.P.LS. Director of Engineering Services All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the: change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other patty. Legal Construction In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or u nenforeeability shall not alt any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal or unenforveable provision. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and earl party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Ownership of Documents Upon completion or termination of this agreement, ell documents prepared by the State shall remain the property of the Stats. All data prepared under this agreement ahall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by'the State. The originals shall remain the property of the Local GoveromenL Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the petfmmance of this agreement. When required, the Local Govetnunent shall furnish the State with satiafactaryprvof of this compliance. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. HAE41203Watercu:AMAFA-11naLdee truer= a:2 13 Coat Principles In order to be reimbursed with federal funds, the pasties shell comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed coats are allowable, reasonable and allocable to the Project. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in. Title 49 CFR §1836 and with the property manageme.nt standard established in Tide 49 CPR §18.32. Inspection of Books and Records The parties to the agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred ander this agreement and shall make such materials available to the State, the Local Oovemmeat, and, if federally funded, the Federal Highway Administration (FBWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for foam (4) years from the date of completion of work defined ander this contract or ami any impending litigation, or claims are resolved. Additionally, the State, the Local t3ovcmmcnt, and the FRWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement /Dr the purpose of making audits, examinations, excerpts, and transcriptions. Office of Management and Budget (OMB) Audit Requirement; The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the ehrglc audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. Clvil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nunnation (49 CFR Chapter 21 and 23 CFR §7I0.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity' as amended by Executive Order 11375 and supplemeuted in the Department of Labor Regulations (4I CFR Part 60). Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Businesa Enterprise Program requirements established in 49 CFR Part 26. H:1EnlwataurAMAFA-atial doe trnr2042 ass AM) 14 Debarment Certifrcatlons 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 Programs under Executive Order 12549, "Debarment and Suspension" The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). Lobbying Certification In executing this Master Agreement, the signatories certify to the best of his ar her knowledge and belies; that. No federal appropriated fends have been paid or will be paid by or on behalf of the parties to any person for inflnencing or attempting to influence an officer or employee of any federal agency, a Member 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. If any funds other than federal appropriated funds have been paid or will be paid to any person for ionfluenccing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or emrployee of Congress, ar an employee of a Member of Congress in connection with federal contracts, grants, Loans, or cooperative agreements, the signatory for the Local C3overnment shall complete and submit the federal Standard Form -LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. Tha parties shall require that the language of this certification be included in the award documents for all aubawards at all tiers (including subcontracts, snbgraata, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing an LPAFA under this Master Agreement, the parties reaffirm this lobbying certification with respect to the individual projects and reaffirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 CT.S.C. §1352. Any person who ala to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than 5100,000 for each such failure. Signatory Warranty The aignatnries to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. HArzaf r:CBlwmsazAMAFA- i<aasicc (I /111200Z a3}AM) I5 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By/APOLL : John P. LaRue Director �+, Date: l (l " o THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and offer# of activating and/or canying out the orders, established policies or work programa heretofore approved and authorized by the Texas Transportation Commission. By. Date: y` D. Soldano tract Services Office 3 //,. H Miter-C134wntesazNYIRFA-16uLske (11812001 1133 AM) ib 1 ATTACHMENT A TYPES OF LPAFA FUNDING CATEGORIES UNDER THE MAFA Federal Cstegories Pre & Federal Categories ` Prefix - STP ROS PASS/PASS Mato Match C Interstate SIP -HES Demonstration Projects C Intercede I El Priority Corridor on NHS__DPR C Interstate Maintenance IM Rural Access Projects DPR Interstate 4R Diamet<oaary IDR_ Innovative Projects DPI Intestate Constr. Discretionary ID Priority Internodal Projects DPM Any Area _ State Urban Sir: ct Congestion Corridor 11/11/ITS Bridges Hier Priority Projects HP Bridge Repab/Rr.1ab On -System BR/BH Other Mimtmum Guarantee MG Oi%SyatemBridges Program BROX National Highway System NH •ISTEA Ponding calegoilea — Not Re-gtabllshed in TEA 21 Surface Transportation Program PorestHi&hways FH Urban MobilitylRahab STP -UM Areas < 200,000 STATE CATEGORIES Enhancement STP -TE MatoMobility/Robb STP -MM Preventive MnimICaaace CPM Urban MobIllot/Re&ab Paan-to-Market/P ns-ba-Makat Rehab AJAR 'Urban & Rend Raba}3litatien STP -R Dirtdct Diaaetkamry 'CD _ Anal Mobility Rehab STP RM State Funded Rehab C tl.n_Am., ft....:.... r:— i—a.... rL.a— ears nvn elm. -T.. IN --II .. ��. �..� ,.........b ..v.w..r......ro.w Rall -Hwy Cronslog Hazard Elimination .2,Li'sa11.r SIP -mal COULZ .._.. State Funded Moblilty 4 C Ralisoed grade Squad= STP ROS PASS/PASS Mato Match C Safety -Hazard ffiimdstatian SIP -HES Traffic Signals, Signing & Pivamzsnt Mar3rine C _Railroad blliamlianeans C natation tlgation & Air Quality CM Replanking CRX State Funded Landscape CAL Donor State Bonus* CM Any Area DB State Urban Sir: ct COS Areas >2 OOS DBM Ansa Q00,000 DBU Others par LPAPA encepiion Mimtmum Guarantee MG Oi%SyatemBridges Program BROX •ISTEA Ponding calegoilea — Not Re-gtabllshed in TEA 21 IPBSFCBlwat AMAPAdhnalsi : (I/t1112Un2 I 1 f17 AM) RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION NOW, THEREFORE, BE IT RESOLVED BY THE CORPUS CHRISTI CITY COUNCIL: SECTION 1. That the City Manager, or designee, Is authorized to execute Amendment No. 1 to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. A copy of the Amendment is attached as an exhibit to this Resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Cbapa, City SeSamuel L. N-. Jr., Mayor Legal form approved BT Lisa Aguilar (V� Assistant City Attorney -, 2001; James R. Bray, Jr., City Attorney Corpus Christi, Texas Cn day of 20 a The above resolution was passed by the following vote: Samuel L. Neal, Jr, (14 Brent ChesneyJavier D. Colmenern Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott T 1 T I THE STATE OF TEXAS § COUNTY OF TRAVIS § AMENDMENT TO MASTER ADVANCE FUNDING AGREEMENT THIS AGREEMENT, Is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the '`State", and the City of Corpus Christi, hereinafter called the °Local Government° WITNESSETH WHEREAS, theteand th Local Gov, emment executed a Master Advance Funding Contract on the ay ofS# , 2001, that specifies the provisions for advance funding agreements; and WHEREAS, it has become necessary and desirable to amend the contract AGREEMENT NOW, THEREFORE, premises considered, the State and the Local Government do agree that the Master Advanced Funding Contract Is amended as hereinafter stated. Ali portions of the Master Funding Contract not amended herein remain in full force and effect. Such amendments are as follows: I. Article 10a Is replaced to read: 10. Construction Responsibilities a. Unless specifically provided for otherwise In the LPAFA. the State 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 sole responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which 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. II. Article 11, °Project Maintenance° revise the entire sentence to read: 11. Project Maintenance The Local Government shall bear sole responsibility for maintenance of locally owned roads after completion of the work and the Slate shall bear sole responsibility for maintenance of the stale highway system after completion of the work If the work was CSJ_NBR CSJSTGRY CCA SUBCTGRY CORPUS CHRISTI PRTP NMI DD CSJ #: 4101-08-105 District ft: 18 — Carpus Christi Code Chart 64#: S2138, 09800 Project BR 2002 (454) Federal Highway Administration CFDA # 20.205 ATTACHMENT C-1 BUDGET ESTIMATE, SOURCE OF FUNDS AND WORK RESPONSEILWEB The Installation of The Harbor Bridge decorative lighting will be provided by the State and funded through Category 11 !Astrid Discretionary Funds to the amount of 51,211,010.00. The Local Govenimente contribution for Construction Costa will be 5800,000. D0. The Local Governments, at no cost to the State, will be responsible for sit tidily, maintenance and operation of the Harbor Bridge decorative lighting once installed. The coot far the design work, Including punishing plans wtil be the reeponelbeity of the Pod, and the City then Mt reimburse the Port for half at the cost of the work. Maintenance and Operation shalt Include the maintenance end replacement of drivers, LED modules, tbcturee, conductors, cable, ung gym. m service, ate tate' equipment, labor, tools and Incidentaie to properly provide a functional Decorative Englneering {PE) Coadruction `'•• f Mabflsn u ce Meat 8tata Cost (4%) 52,011,000 584,280 _0 51,211,000 50 1 I' 584,280 5560400 50 SO 1260,00O SO SO �P_. 11ia.. 41 �� �Ili-�3rrf!? �!•f:Y !J .�.,,, .a•rY, y r r+:. 9..5• i,, ,1. 1, -J , 'v_ l - , ._ � "'�S �:'+fA3• � � F � � 1••. - 7` Y , ... _ r ►E.,.�']1-`� �„ F .' ('^. 1'L.�e � :.r -� :-A The Local Governments are responsible for ad Witty, maintenance and operation coats atter the campletlon of the project. Med State Caste wN be based on actual charges. 11 is underatcod that the above coals are est/mates only. Final participation amounts Mil be based on actual charges to the praoadi. Page 1 of I Attachment C-1 on the state highway system, unless otherwise provided for In the LPAFA or other prior existing maintenance agreement with the Local Government. IN WITNESS WHEREOF, the parties to this amendment have signed duplicate counterparts. By: Date: CITY OF CORPUS CHRISTI, TEXAS OF Ari: and � P4513 A{flAa)lilt -r er THE STATE OF TEXAS A11 ARMANDO CHAPA anrsiacssm Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Approved as to form: James R. Bray, Jr. Ci Attorney BY: P. Burke, Jr. 'gtant City Alto 0140, By: . r D. • Nano, Director Con r= ct S = s /Office Dern: Ar/o/ 4YVUNM tFeATTA MUM LL bl 1 1 STATE OF TEXAS g COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT # 1 CSJ #: 0101-06.105 District #:16 — Corpus Christi Code Chart 64 #: 82138, 08800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 miS AMENDMENT 18 MADE BY AND BETWEEN the State of Texas, acting though the Texas Department of Transportation. hereinafter called the Stale, and the City o1 Corpus Christi (City), and the Port of Corpus Christ (Port). each acting by and through ha duly authorized officials, hereinafter jointly allied the 'local Governments.' WITNSSSETN WNHEREAS, the State and the Local Government executed a contract on the 101' day of January, 2011, to efhactuate their agreement to instal, operate and maintain decorative lighting on the Harbor Bridge, 1!S 181, on -system project; end, WHEREAS, the Local Governments am now conhtbuting $800.000 for Construction Costs; end, WHEREAS, It has become necessary to amend that contract, NOW THEREFORE, In cormiderp ion of the promisee and of the mutual covenants and agreements of the parties hereto, the State and the last Government do agree as Mows: AGREEMENT Article 1. Doacription of Amended Rama Articles 3.d., 7 and 12 of the executed Advance. Funding Agreement ere voided end replaced with the followinga 3. Local Project Bounces and Urea of Funds d. Each of the Local Governments Mil be responsible for an non-federal or non -Stale partfcpatlan costs associated with this Project no noted In Attachment C-1, Including any overrule In amass 01010 approved 1oo0i project budget a otherwise provided for in this Agreement or approved otherwlsa in an amendment to this Agreement 7. Udfttfs° Each of the Local Governments shall be equdty , .:..:.be tet, removal, or relocation of facBtles In accordance wet applicable = _ : • fi•" , ndoo, policies, rind pr000dtsea, Including any cost to the Stale of a delay resulting from the Local Governments failure to ensure that utEtiy fediftlee ars adjusted, removed. or relocated before the scheduled beginning of consbuction. The Local Governments will not be reimbursed with federal or &As funds foam coat of rsqulred Witty work. The Load Governments must obtain advance approval for any variance from estabpshed procedures. Before a contraction mntrad la let, the Del Governments shell provide, et the State's request, a cerlitcation stating that the Local Governments has completed the adjustment of all uttillee that must be adjusted before construction Is completed. The Local Governments ere responsible for all costs Incurred due to utilldes after the completion of the project. 12. Project Maintenance The focal Goverrrneruts shall be equally responalble, ltfty percent (60%), for maintenance of the decorative lighting on the Harbor Bridge, which is an on.eista system location ager completion of the work. The Local Governments are responsible for alt costa Incurred due to maintenance aid operation after the completion of the project AFA—AFA Amend Page 1 of 2 Revised 10-11-10 r CS.' #: 0101-09-106 District ft t6 - Corpus Christi Coda Chart 64 #: 82139, 09600 Project BR 2002 (464) Federal Highway Administration CFDA # 20.206 Attachment V of the executed Advance Funding Agreement is being delated to R9 entirely and replaced with Attachment G-1, contained hamlet. M other provisions &the original contract ere unchanged and romain In full !brae and effect. Artrclo 2. Signatory warranty The *Waft to tide amendment warrant thet each has the autttotity to ever Into tale agreement on behalf of the organization represented IN WFVNESS WHEREOF, NE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOYERHMENT THE STATE Of TREAD Tt� c iv al' C. ra Cheat! meted for the Executive ive Chador and • Hamra of Load Government Ca approved nlbrt re ppwpoaoTexas T ell of BY 1 4 j ; , . • help acevatinp andlor carrying out to orders, Margit. 8Ig n appro author by the Texas Tragion/ R //J, ,f .56/41444. Citv Moaner THE LOCAL GOVERNMENT John F. LaRu;, Printed Name APR Data wee laforat; al tI Liza Aprr ran Aaata t City Attorney For City Attorney AFA-AFA Amend 141u�llenbt orC9fltre t Se YkBB 101,2'1 gt. OA= Au. tilt 04/14A Page 2 of 2 Revised 10-11-10 EMORANDLINil TO: Lizette J. Colbert, P.E. South Region Su It Cattier FROM: Joey Mateeic Contract Services r 05/10/2011 SUBJECT: AFA amendment #1 for a transportation project CM: 0101.06-108 CS Log: 2011489 Attached are: Two fatly executed original counterparts for the referenced project. 1f you have any questions, please contact me at 512.374.5129. Thank You CS1 #0101-06-105 District # 16 -Carpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Category 11 District Discretionary Funding On -System Project THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State', and the City of Corpus Christi (City), and the Port of Corpus Christi (Port), each acting by and through Its duly authorized officials, hereinafter jointly called the "Local Governments." WrINESSETH WHEREAS, federal Law establishes federally funded programs for transportation Improvements to Implement Its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways In cooperation with Local Governments; and WHEREAS, federal and state Taws require Local Governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 111335, authorizing the State to undertake and complete a highway Improvement generally described es the Installation, operation end maintenance of decorative lighting on the Harbor Bridge, US 181, on -system project and, WHEREAS, The Local Governments will be solely responslble for the operation and maintenance of the decorative lighting and, WHEREAS, the Governing Body cif ech Local Government has approved enter) Into this Agreement by resolution, dated '1 MeV et.010 for the Port and dated c D 1 C for the City, respectively, which are attached hereto end made a part hereof as Attachment 'A" for construction, maintenance and operation of decorative lighting of Harbor Bridge at the location shown on the Map in Attachment °S", attached hereto and made a part hereof, hereinafter referred to as the Project. AFA-AFA LongGen Page 1 of 12 Revised 10-11-10 CSJ #0101-06-1O5 District # 16 -Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 NOW, THEREFORE, In consideration of the premises and of the mutual covenants end agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed es follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain In effect until the Project is completed or unless terminated as provided below. 2. Scope of Worst The scope of work is described es the installation, malnlenance end operations of decorative lighting on the Harbor Bridge, US 181. 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project Is shown In the Project Budget - Attachment 'C" which Is attached hereto and made a part hereof. The expelled cash contributions from the federal or State government, the Local Governments, or other parties Is shown in Attachment C. The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State end the Federal Government will not reimburse the Local Governments for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Governments are responsible for 100% of the cost of any work performed under its direction or control before the federal Letter of Authority Is formally Issued. If either of the Local Governments will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Govemment(s) must complete training before a leder of authority is issued. Training is complete when et least one Individual who Is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Govemmerrts Project Procedures Quallflcatlon for the Texas Department of Transportation. The Local Govemment(s) shall provide the certificate of qualification to the $late. The Individual who receives the training certificate may be an employee of the Local Govemmenl(s) or an employee of a firm that has been contracted by the Local Government(s) to perform oversight of the Project. The State In its discretion may deny reimbursement if the Local Govemment(s) has not designated a qualified individual to oversee the Project. b, This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utititywork; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local AFA-AFLLo DOon Page 2 of 12 Revised 10.11-10 CSJ #0101-06-105 District # 16 -Carpue Christi Coda Chart 64 # 62136, 09800 Project: ER 2002 (454) Federal Highway Administration FDA # 20205 Govemment(s) Is due funds for expenses incurred, these funds wf be reimbursed to the Local Govemment(s) an a cost basis. d. Each oldie Local Governments win be equally responsible, Fly percent (60%) per Local Government, for all non-federal or non -State participation costs assodated with the Project, including any overnms in excess of the approved local project budget unless otherwise provided for in thle Agreement or approved otherwise in an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, each of the Local Governments will pay to the State the amount specified In Attachment C. At a minimum, this amount shall equal each Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, each the Local Governments shall remit their remaining finandal share for the State's estimated constriction oversight and construction cost. f. In the event that the State determines that additional funding by the Local Governments la required at any time during the Project, the State will notify each Local Government in writing. Each Local Government than make payment to the Stale within thirty (30) days from receipt of the State's written notlticatlon. g. Whenever funds are paid by the Local Governments to the State under this Agreement, each Local Government shell remit a check or warrant made payable to the 'Texas Department of Transportation Trost Fund.' The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. h. Upon completion of the Protect, the State will perform an audit of the Project costs. Any funds due by either of the Local Governments, the State, or the Federal government will be promptly !aid 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 L The State will not pay interest on any funds provided by the Local Governments. j. If a waiver has been granted, the State will not charge the Local Governments for the Indirect costs the Stale incurs on the local project, unless this Agreement Is terminated at the request of the Local Governments prior to completion of the project. k. If the project has been approved for a "fixed price" or an 'incremental payment' non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "C will clearly state the amount of the fixed price or the Incremental payment schedule, 1. tf either of the Local Governments are an Economically Disadvantaged County and If the State has approved adjustments to the standard fnandng arrangement, this Agreement reflects those adjustments. m. The state auditor may conduct an audit or Investigation of any entity receiving funds from the state directly under the contract or lndlrectiy through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract alts as acceptance of the authority of the state auditor, under the direction of the legislative audit carnndttee, to conduct an audit or Investigation In connection with those funds. An entity that is the. subject of an audit or AFA-AFI ,LongGsn ' Page 3 Of 12 Revised 10-11-10 C3100101 -06-I05 District # 16 -Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA 0 20.205 investigation must provide the state auditor with access to any information the state auditor considers retevant to the investigation or audit. n. Payment under this contract beyond the end of the current fiscal biennium is subject to avallablgty of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no !lability to either party. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Governments in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project ls'completed and accepted by an parties, unless: a. the Agreementis terminated In writing with the mutual consent of the parties; b. the Agreement is terminated by one party because of a breach, In which case any cost Incurred because of the breach shall be paid by the breaching party; or c. the Local Governments elect not to provide funding after the completion of preliminary engineering, specifications and estimates (PSE) and the Project does not proceed because of Insufficient funds, in which case the Local Governments agrees to reimburse the State for its reasonable actual costs incurred during the Project. 5. Amendments Amendments to this Agreement due to changes In the character of the work or terms of the Agreement, or responsibilities (Atha parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Each of the Local Governments shall be equally responsible, fifty percent (50%) per Local Government, for the adjustment, removal, or relocation of utility facilities In accordance with applicable State laws, regulations, rules, podcles, and procedures, Including any cost to the State of a delay resulting from the Local Governments failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Governments will not be reimbursed with federal or state funds for the cost of required utility work. The Local Governments must obtain advance approval for any variance from established procedures. Before a construction contract Is let, the Local Governments shall provide, at the State's request, a certHicatton stating that the Local Governments has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA A t_angC en Page 4 of 12 Revised 10-11-10 • Cal #0I0I-06-105 District # 16 -Carpus Christi Code Chart 64 # 62136, 09800 Project; BR 2002 (454) Federal Highway Administration CFDA # 20.205 8. Environmental Assessment and Mitigation Development of a tran$portation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. a. The State Is responsible for the identification and assessment of any environmental problems associated with the development of a focal project governed by this Agreement. b. The State Is responsible for the cost of any environments) problem's mitigation and remediation. c. The State Is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The State is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The State shalt provide written certification from appropriate regulatory agency(ies) that Identified environmental problems have been remedlated. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of alt projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L.101-338) (ADA). i0. Architectural and Engineering Services The Local Govemment, known as the Port, has responsibility for the performance of architectural and engineering services. `The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, and the special specification and special provisions related thereto." For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum conform to applicable American Association of State Highway end Transportetlon Officials design standerda. 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 end with Texas Government Code 2284, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically Including the provlslon for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. AFA-AFA L mQGers Page 5 of 12 Ravlsad 1041-10 CSJ 0141-06-105 District # 16 -Corpus Christi Code Chert 64 # 62136, 09800 Protect: BR 2002 (454) Federal Highway Administration CFDA # 20205 11. Construction Responsibilities e. The State shall advertise for construction bids, Issue bid proposals, receive and tabulate the bids and award and administer the contact for construction of the Project. Administration of the contract Includes the responsibility for construction engineering end for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects rnusi be authorized by the State prior to advertising for construction. b. The State will use 0s approved contract letting and award procedures to let and award the construction contract. c. Prior to their execution, each of the Local Governments will be given the opportunity to review contract change orders that will result In an Increase in cost lo the Local Governments. d. Upon completion of the Project, the party constructing the project win issue and sign a °Notification of Completion" acknowledging the Project's construction completion. e, For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited In 23 CFR Part 635 and with requirements cited in 23 CFR Part 933, and shall include the latest version of Fonn "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 635, Subpart B. 12. Project Maintenance The Local Governments shall be equally responsible, fifty percent (503) per Local Government, for maintenance of the decorative lighting on the Harbor Bridge, which is an on -state system location after completion of the work. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. man, postage prepaid, addressed to such party at the following addresses: Local Governments: City Manager City of Corpus Christi P.D. Box 9277 Corpus Christi, Tawas 78469-9277 State: Director of Contract Services Texas Department of Transportation 125 E. 1 Ufa Austin, Teras 78701 AKA AFA ongGen Page hof 12 Revised 10-11-10 Local Governments: Executive Director Port of Corpus Christi P.U. Box 1541 Corpus Christi, TX 78403 CS1 #0101-06-105 District # 16 -Corpus Christi Cads Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 All notices shall be deemed given on the date so delivered or so deposited In the mall, unless otherwise provided herein. Any of the parties may change the above address by sending written notice of the change to each of the parties. Any of the parties may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other parties. 15. Legal Construction If one or more of the provisions contained In this Agreement shell for any reason be held Invalid, Illegal or unenforceable in any respect, such Invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shell be construed as if it did not contain the invalid, Illegal or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Governments agree none of the parties are an agent, servant, or employee of the other parties and each party agrees it is responsible for its Individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 11. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by either of the Local Governments shall be transmitted to the State In the form of photocopy reproduction on a monthly basis as required by the Slate. The originals shall remaln the property of the Local Governments. At the request of the State, the Local Governments shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with alt Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals In any manner effecting the performance of this AgreemenL When required, the Local Governments shall furnish the State with satisfactory proof of thls compliance. AFA,AF&LortgGart Page 7 of 12 Revised 10-11-10 C3! #010i -06-10s District # I6 -Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFA # 20.205 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. 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 ail reimbursed costs are allowable, reasonable and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established In Title 49 CFR §18.36 and with the property management standard established in Tule 49 CFR § 18.32. 22. inspection of Books and Records The parties to this Agreement shall maintain ail books, documents, papers, accounting records and other docur0entation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Governments, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the inspector General, or their duty authorized representatives for review and Inspection at its office during the contract period and forfour (4) years from the date of completion of work defined under thls contract or until any Impending litigation, or claims are resolved. Additionally, the State, the Local Governments, and the FHWA end their duly authorized representatives shag have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and If either of the Local Governments Is performing any work, either directly or through a contractor, It must comply with the following provisions. if any of Local Governments are receiving ARRA funds, but is not performing any work, the following provisions apply, If appropriate, and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of Its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be Interpreted b limit or restrict in any way the existing authority of the Comptroller General. AFA,APA`LongGen Page 8 of 12 Revised 10-11-10 CO #0I01-06-105 District # 16 -Corpus Christi Cada Chart 64 # 62136, 09800 Project BR 2002 (454) Factual Highway Administration CFDA # 20.205 In accordance with Section 1515(3) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any Stele or local agency administering such contract that pertain to and Involve transactions relating to the contract, subcontract, grant, or subgrant; end b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(6) further provides that nothing In the section previously mentioned shall be Interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report monthly employment information for its firm as well as that of all of Its subcontractors. The Contractor, similarly, shall Include this reporting r?gtiirernent in ?ii of Its giubcontnacte, Felting to Include the requirement In agreements with subcontractors can serve as grounds for contrail termination. Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway Administration (FHWA). captures the necessary monthly employment Information and shall be submitted by the Contractor on a regular basis to the LG (Local Governments). It Is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained In the form. The LG shall ensure that this form is submitted by the LG to the State according to the polldes and at the direction of the State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all Information requested by the State, Including data or information In possession of contractors and subcontractors for completing other necessary reporting forms, and the Information shalt be submitted In the manner required and according to all due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agency relating to the project at any time. 23. office of Management and Budget (OMB) Audit Requirements 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. Whenever funds from the American ARRA are distributed to efther of the Local Governments, the Local Government must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Coflectian Form (SF -SAC), as required by OMB Circular A-138, and separately Identify any ARRA expendtures for Federal Awards. AFA-AFAtongGen Page 9 of 12 Revised 10-11-14 CSJ #0101-06-105 District # 16 -Corpus Christi Coda Chart 64 # 62136, 09800 Project: 8R 2002 (454) Fedoral Highway Administration CFDA # 20.205 24. Civil Rights Compliance The Local Governments shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), 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). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 28. 26. Debarment Certifications 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 Programs under Executive Order 12549, 'Debarment and Suspension.' By executing this agreement, neither of the Local Governments certify that they are not currently debarred, suspended, or otherwise excluded from or ineligible for participation In Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and. when requested by the State, to furnish a copy of the certification. 27. Lobbying Certification in executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been pald or will be paid by or on behalf of the parties to any person for Influencing or attempting to influence en officer or employee of any federal agency, a Member 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 federel contract, grant, loan, or cooperative agreement. b. 1f any funds other than federal appropriated funds have been pald or will be paid to any person for Influencing or attempting to influence en officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or en employee of a Member of Congress In connection with federal contacts., grants, loans, or cooperative agreements, the signatories for the Local Governments shall complete and submit the federal Standard Farm -LLL, "Disclosure Form to Report Lobbying,' in accordance with lis Instructions, c The parties shall require that the language of thls certification be included In the award documents for alt subawards al alt tiers (including subcontracts, subgrents, end contracts under grants, loans, and cooperative agreements) and that all subredplents shalt certify and disclose accordingly. AFA-AFA_LonQGe p Page 10 of 12 Revised 10-11-10 C$J #O10I-06-105 District # 1,5 -Corpus Christ Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 By executing this Agreement, the parties affirm this lobbying certification with respect to the Individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering Into this transaction Imposed by Title 31 U.S.C. §9352. Any person who fails to file the required certification shall be subject to a civil penalty of not test; than $10,000 and not more than $100,000 for each such failure. 28. insurance If this agreement authorizes either of the Local Governments or its contractor to perform any work on State right of way, before beginning work the entity performing the work shag provide the State with a fully executed copy of the State's Foran 1580 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 complele. If coverage is not maintained, ail work on State right of way shall cease Immediately, and the State may recover damages and all costs of completing the work. 29. Signatory Warranty The signatories 10 this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed In triplicate counterparts. AFA APAt.onetan Page 11 of 12 Revised 10-11-10 The Cltyof Corpus Christi iXpa i . . F:rr044z PrintedName 0.0 7.4 Title Date 1,1-p/A9 Ton P. Lau.. Printed Name e CUM tit, Dir&- 11tI DEC 1 41010 Date CSJ #0101,06-105 District # 16 -Corpus Christi Coda Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA #20.205 P.fi.02Tiq4 Lir pit1110IL --"--P-TAINCi2fLUT MEM THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established polities or work programs heretofore approved end authorized by the Texas Transportation Commission. oeullenix tractor of Contract Services Texas Department of Transportation 8,4,4.67 AFA-AFA LongGen Page 12 of 12 Revised 10-11-10 RESOLUTION APPROVING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT FOR A CATEGORY 11 DISTRICT DISCRETIONARY, FUNDING ON -SYSTEM PROJECT INVOLVING THE CONSTRUCTION OF DECORATIVE LIGHTING OF THE HARBOR BRIIDGE. WHEREAS, the City of Corpus Christi (City) is Interested In participating fn the decorative lighting project forte Harbor Bridge on State Highway 181 over the Corpus Christi Ship Charnel; and WHEREAS, mate funding has been approved fortis project; and WHEREAS, City previously entered into a Master Agreement Governing Local Transportation Project Advance Funding Agreement and Amendment to the Master Agreement Governing Local Transpartatlon Project Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of Transportation (TxDat) for the administration and management of the planning, design and construction phases of Its transportation related projects; and WHEREAS, City wishes to enter Into a Local Transportation Project Advance Funding Agreement, a copy of which is attached hereto, with the tate of Texas, Acting by and through TxDot for the oversight of the City's portion of the administration and management of the planning, design, oonetruotion and maintenance phases of Harbor Bridge kiting project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City hereby approves the Local Transportation Protect Advance Funding Agreernent for the Harbor Bridge Fighting project; and 028874 SECTION 2. That the City Manager, or designee, le authorized to execute Bald agreement which Is attached hereto as an Exhibit. ATTEST: THE CITY OF CORPUS CHRISTI lo?h1-4-9‘201 d4/0401, Armando Chapa Joe Ada{ lle Cfty Secretary Mayor btainkr APPROVED: day of tilaiiefsbers 2010. Carlos Valdez City Attorney Corpus Christi,, Texas bamttiv , 2010 The above resolution was passed by the following vote: Joe Adams Chris N. Adler Larry R. Stando, Sr. l •fit " Kevin Kiaschold( Priscilla Leal John E. Manz Nelda Martinez Mark Scott Unda Strong 028.874 CS7: 0101-01-105 Project Name: Harbor Bridge LigbIuhg ATTACHMENT A Resolution of Local Government (Port of Corpus Christi Authority) Approving this LPAFA STATE OF TEXAS COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Port of Corpus Christi Authority of Nueces County, Texas ("Authorit1), hu agreed to participate in the lighting project for the Harbor Bridge located on Stats Highway 181 over the Corpus Christi Ship Channel; and WHEREAS, state funding has been approved for this project; and WHEREAS, Authority previously entered into a Matter Agreement Governing Local Transportation Project Advance Funding Agreements and Amendment to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the State of Texas, acting by and through the Texas Department of Transportation ("TOOT') for the administration and management of the planning, dealgn, and construction phases of its transportation -related projects on January 8, 2002; and WHEREAS, Authority wishes to enter into a Local Project Advance Funding Agreement, a copy of which is attached hereto, with the State of Texas, acting by end through TxDOT for the oversight of the Authority's portion of administration and moment of the planning, design, Bud rmuot uctiou phases of the Harbor Bridge lighting project. NOW THEREFORE, BE 1T RESOLVED TFL4T the Port Commission of the Port of Corpus Christi Authority of Nueces County, Teams, hereby approves the Local Project Advance Funding Agreement for the Harbor Bridge lighting project; and Executive Director John P. LaRue of the Port of Corpus Christi Authority In hereby authorized to execute same. PASSED by the Port Commission in an open meeting on November 4, 2010 CSI #0[01.06-105 District # 16 -Corpus Christi Code Chsrt 64 # 62136, 09800 Project 8R 2002 (454) Federal Highway Adtninistrstioa CFDA # 20205 ATTACHMENT A Resolution or Ordinance Page 1 of 1 Attachment A Cal #0101-06-105 District it 16 -Corpus Christi Code Chazt64#62I360800 Project BR 2002 (454) Federal Highway Administration CFDA IV 20.205 ATTACHMENT B Location Map Showing Project ,,. 4; - r •. .- ,..... ,- ... ;....; ! L'...11 ...,: 11 1.1w, , 2-. .. 4. '•-:-1,1y61' •-.• • :-..— . ' . ' `-.- • -r--!!-- [.. .i: q't- .- -.... - • :;. 0 i- ' .' 7 - ' . 'i . . ' ''Ci•I P ' 2:' .1.t.,.....14 ...,,,..*..,",.,' t: ., .. .,..1 i 4 , : A- ---' -+=•,!,-, ' 1.:_leri. ...l. - ,.., . ' k: 1. d.. ' jll - - da .- A: '.• ' '.14'. \ .}.0. A. . . , 1 r-,•1;-- 1 . – ...3"L',...V.- '°'' ' '::::t .' '. •- 41..P. .1 4, ......- -, we ••`: . .,..1,11. - :, . r . • . ...i. • ',1'.i.._„).4r.:- •;-_,i1 r • . . % ,I....i.,..::,k, :,--r• PI - :" •i c+14. • .'.-:•, ...L. • . • • - . ' ...... '4.: ....,-..--0. 1.-1.:, .7F,... , • T ... • -Lie . Arrr,' . Page 1 of 1 Attachment B CS] #0101-06-105 District # 16 -Corpus Christi Code Chart 64 # 62136, 09800 Protect: BR 2002 (454) Federal Highway Administration CFDA # 20205 ATTACHMENT B4 Location Map Showing Project Pagel of 1 Attachment B CW 1/0I 01-0b-105 District # 16 -Corpus Christi Code Chart 64 # 62136, 09800 Project. BR 2002 (454) Federal Highway Administration CFDA # 20.205 ATTACHMENT C BUDGET ESTIMATE, SOURCE OF FUNDS AND WORK RESPONSIBILMES The installation of the Harbor Bridge decorative lighting will be provided by the State and funded through Category 11 District Discretionary Funds In the amount of 12 million. The Local Governments, at no cost to the State, will be responsible for all maintenance and operation of the Harbor Bridge decorative lighting once Installed. The cost for the design work, including furnishing plans will be the responslblfrty of the Port, and the City then will reimburse the Port for half of the cost of the work_ Maintenance and Operation shall include the maintenance and replacement of drivers, LED modules, fixtures, conductors, table, conduit, electrical service, materials, equipment, labor, tools and incidentals to properly provide a functional Decorative Lighting System Direct State Cost (4%) Indirect State Cost Page 1 of 1 Attachment C AGENDA MEMORANDUM Future Item for the City Council Meeting of November 10, 2015 Action Item for the City Council Meeting of November 17, 2015 DATE: October 28, 2015 TO: Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3360 Corpus Christi Regional Transportation Authority Forensic Audit CAPTION: Resolution authorizing issuance of a letter to the Corpus Christi Regional Transportation Authority requesting a forensic audit of the Corpus Christi Regional Transportation Authority finances and accounting practices PURPOSE: To issue a letter regarding forensic audit of the Corpus Christi Regional Transportation Authority BACKGROUND AND FINDINGS: ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Resolution Letter to Corpus Christi Regional Transportation Authority Resolution authorizing issuance of a letter to the Corpus Christi Regional Transportation Authority requesting a forensic audit of the Corpus Christi Regional Transportation Authority's finances and accounting practices Be it resolved by the City Council of the City of Corpus Christi, Texas: The City Council of the City of Corpus Christi, Texas authorizes the issuance of a letter to the Corpus Christi Regional Transportation Authority Board of Directors requesting a forensic audit of finances and accounting practices of the Corpus Christi Regional Transportation Authority. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Corpus Christi Regional Transportation Authority Board of Directors 5658 Bear Lane Corpus Christi Texas 78405 Re: Request for forensic audit of the finances and accounting practices of the Corpus Christi Regional Transportation Authority Dear Corpus Christi Regional Transportation Authority Board of Directors: We desire to ensure the Corpus Christi Regional Transportation Authority ("RTA") properly addresses its apparent lapse of effective internal monetary controls and deters future theft of taxpayer funds. Accordingly, we hereby request that the RTA board appoint a three member audit team made up of Corpus Christi City Manager Ron Olson, Nueces County Judge Loyd Neal, and current RTA board member Tom Niskala. This audit team will recommend an outside audit firm that will conduct a complete forensic audit of the RTA finances and accounting practices and make recommendations for how the RTA should improve those practices. We request the RTA then perform this audit in accordance with the recommendation. We also request the RTA's current CEO ensure that a proper response is formulated for each of the auditor's recommendations and that steps are taken to implement those recommendations without delay. We request the RTA CEO distribute the final audit along with the RTA's responses to the local media, including but not limited to the Corpus Christi Caller Times, and all local TV stations and on the RTA's website under Financial Reports. This will ensure the public is fully informed concerning the audit report findings and the RTA's plans to address those findings. The three member audit team will be responsible for reviewing the auditor's recommendations and ensuring they are properly addressed via reports to the Corpus Christi City Council, the Nueces County Commissioner's Court, and the RTA Board. The cost of this audit will be paid for by the RTA. This is an attempt to restore the public's trust in how the RTA conducts business and expends taxpayer's money. It is our hope that the RTA CEO, its staff, and board members will focus their future efforts on improving and maintaining that public trust. We retain the right to reach out to the State Auditor concerning this issue. Sincerely AGENDA MEMORANDUM Future item for the City Council meeting of November 10, 2015 Action Item for the City Council meeting of November 17, 2015 DATE: TO: September 30, 2015 Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant (DEAAG) Program. CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. PURPOSE: The purpose of this item is to receive authorization to submit the grant application to the State of Texas, Office of the Governor for the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. The application is due November 20, 2015. The City can only submit one application per cycle. BACKGROUND AND FINDINGS: The Defense Economic Adjustment Assistance Grant (DEAAG) program is administered by the Texas Military Preparedness Commission (TMPC) within the Office of the Governor. DEAAG is codified in Government Code, Chapter 436, and the program administrative rules are in Subchapter B, Title 1, Chapter 4, Texas Administrative Code. The purpose of the program is to provide state funding for any of the following: • Acquiring federal grant assistance; • For sharing in the cost of redevelopment of communities that have been adversely or positively affected by the Base Realignment and Closure Act or Department of Defense reduction or loss of funding; or • In the case of infrastructure, adds military value to the military installation. The 84th Texas Legislature appropriated $30 million ($15 million in Fiscal Year 2016 and $15 million in Fiscal Year 2017) to assist defense communities that have been, or may potentially be, impacted by a past or future Base Realignment and Closure (BRAC) action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects. The 84th Texas Legislature also amended the DEAAG statute to increase the maximum grant awards from $2 million to $5 million. So the possibility exists that a minimum of only three $5 million grant awards could be made each round. The DEAAG program generally requires a 50% match, but the TMPC may reduce that to a 20% match or 100% grant with no match, if the local government can demonstrate that resources are not available because of limited local budgets. The match can be either cash or in-kind services. The TMPC will score and award the grants. The second route of grant applications is anticipated in Spring 2016. All awarded funds must be spent by August 31, 2017. 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 Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution DEAAG Administrative Rules A RESOLUTION Authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. WHEREAS, With 15 major installations, numerous headquarters, open spaces for realistic training, low cost of living and outstanding support to military and families, Texas has a long, significant and proud history of partnership with the defense of our nation; and WHEREAS, active duty and reserve installations across the branches of service in Texas have an economic impact of roughly $150 billion to the Texas economy per year and 255,000 uniformed and civilian employees which generates a significant amount of sales tax revenue for the State; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride, provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS, Naval Air Station Corpus Christi and the Corpus Christi Army Depot have an estimated employment of more than 9,400 full-time and contract employees making CCAD the largest employer in the City and NASCC the sixth largest; and WHEREAS, the State of Texas and local communities have the opportunity to make Texas the most effective and efficient location for the Department of Defense to train and operate and could create initiatives to make Texas the #1 "military friendly" place for service members and their families to live, work and play; and WHEREAS, many Texas companies have contracts to provide services with local military installations creating jobs and additional tax revenue; and the State of Texas is in the top three states for receiving Department of Defense contracts, with the top awards going to aircraft development; and WHEREAS, the installations in the state are vital to national security and Texas has specialized in mobilizing and deploying troops, over 1 million, in the past 12 years; and to support this mobilization, the installations and depots have dedicated railheads and runways capable of handling large passenger and cargo aircraft, and Texas has road and rail transportation to Texas ports for deployments with dedicated roll on roll off Navy ships berthed at Texas ports along with the necessary infrastructure at the ports for storage and loading of the ships; and WHEREAS, Texas has unencumbered airspace, ground maneuver space, and open water for training of all branches of service with virtually every weapon system as well as some of the most diverse topography for excellent training scenarios, the weather provides for the ability to train year round and deployments from Texas installations are Page 1 of 3 efficient due to airfields, road systems, and rail transportation to ports in the state and, finally, the cost of living at Texas installations are some of the lowest in the country; and WHEREAS, the 84th Texas Legislature appropriated $30 million to the Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant fund to assist defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects; and WHEREAS, grant applications for the first round of $15 million to be awarded during state Fiscal Year 2016 must be submitted by November 20, 2015; and WHEREAS, the City of Corpus Christi's goal is to submit a DEAAG application that benefits both Naval Air Station Corpus Christi and the Corpus Christi Army Depot. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager, or designee, is authorized to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program for the following projects: (a) Removal of the currently deteriorated asphalt runway apron at Truax Field and replacement with a concrete apron to allow maximum efficiency of pilot training at Naval Air Station Corpus Christi, with an estimated project cost of approximately $1.061 million, and (b) the mechanical and electrical isolation, demolition and removal of various sewerage distribution lines serving several hangars and replacing those line(s) with modern poly/composite material replacements of equivalent size(s) that are not susceptible to damage or deterioration by either corrosive or erosive mechanisms, and replacing the man -hole cover accesses along the existing sewerage lines with elevated accesses to address problems of flooding with an estimated project cost of approximately $3.5 million. Adopted this the day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez Page 2 of 3 City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughan Page 3 of 3 TITLE 1. ADMINISTRATION PART 1. OFFICE OF THE GOVERNOR CHAPTER 4. TEXAS MILITARY PREPAREDNESS COMMISSION The Texas Military Preparedness Commission (TMPC or Com- mission) within the Office of the Governor (OOG) proposes amendments to 1 TAC §§4.1 - 4.8 and §§4.30, 4.31, 4.34 - 4.36, and 4.39 - 4.40 relating to the Texas Military Value Revolving Loan Fund and the Defense Economic Adjustment Assistance Grant under Chapter 436 of the Texas Government Code. Explanation of Proposed Amendments The primary purpose of the proposed amendments to the rules is to implement legislative changes that were enacted by the 84th Legislature, Regular Session. The Commission was established in 2003 within the Economic Development and Tourism Office of the Office of the Governor. Effective as of September 1, 2015, Senate Bill 1358 establishes the Commission as an agency that is attached to the Office of the Governor for administrative purposes. In this regard, a num- ber of references in the rules to the Economic Development and Tourism Office are updated to refer to the Commission. Senate Bill 1358 also increases from $2 million to $5 million the amount of money the Commission can award to a local government en- tity through its Defense Economic Adjustment Assistance Grant Program (DEAAG). Senate Bills 318 and 503 amend the eligibility requirements for the Defense Economic Adjustment Assistance Grant Program (DEAAG) program to include eligibility for projects that are "nec- essary to prevent the reduction or closing of a defense facility" and also to permit the use of program grants to train defense workers to support "retained missions" in addition to those mis- sions that may be adversely affected by a base closure or re- alignment. Senate Bill 503 also changes the eligibility require- ments to include communities affected by actions of the 1995 Base Realignment and Closure Commission (BRAC); this has the practical effect of including communities affected by the clo- sure of Bergstrom and Reese Air Force Bases. The proposed amendments include some other minor updates throughout to reflect current Commission operating practices and shared duties with the Texas Economic Development Bank and the Texas Public Finance Authority. A substantive change is proposed for the DEAAG grant application in Rule 4.36 to add two new grant scoring criteria to include consideration of BRAC scoring of the proposed military value of proposed projects. The reporting responsibilities for DEAAG grants in Rule 4.40 are also proposed for modification to eliminate the current reporting requirement for job creation and retention reporting for a two-year period following project completion with a requirement that grantees must provide grant performance reports and project completion reports as required by grant terms. Fiscal Note On behalf of the Texas Military Preparedness Commission, Mr. Bryan Daniel, Director of Economic Development and Tourism, Office of the Governor, has determined that for each of the first five years in which the amendments as proposed are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the amendments. Mr. Daniel has also determined that there may be a positive fiscal impact in an undetermined amount on local economies or overall employment as a result of the proposed amendments. Public Benefit and Cost Mr. Daniel has also determined that for each year of the first five years in which the proposed amendments are in effect, the public benefit anticipated as a result of the amendments will be to pro- vide increased opportunities for defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects. There are no anticipated economic costs for persons required to comply with the sections as proposed. There will be no adverse economic effect on small businesses. Submittal of Comments Written comments on the proposed rules amendments may be submitted to Alexandra Taylor, Office of the Governor, Texas Mil- itary Preparedness Commission, P.O. Box 12428, Austin, Texas 78711 or to Alexandra.Taylor@gov.texas.gov with the subject line "TMPC Rules." The deadline for receipt of comments is 5:00 p.m. CST on November 9, 2015. All requests for a public hear- ing on the proposed rules and amendments, submitted under the Administrative Procedure Act, must be received by the Office of the Governor no more than fifteen (15) days after the notice of proposed changes in the sections that have been published in the Texas Register. SUBCHAPTER A. TEXAS MILITARY VALUE REVOLVING LOAN FUND PROGRAM 1 TAC §§4.1 - 4.8 Statutory Authority The amendments are proposed under Government Code, §436.101, which provides the Texas Military Preparedness Commission may enact administrative rules necessary to ad- minister its duties. PROPOSED RULES October 2, 2015 40 TexReg 6799 Cross Reference to Statute Government Code, Chapter 489, as amended by Senate Bill 318, Senate Bill 503 and Senate Bill 1358, 84th Legislature, Reg- ular Session. §4.1. Introduction and Purpose. (a) The [Created by the 78th Legislature and signed into law by Governor Rick Perry, the] Texas Military Value Revolving Loan Fund provides a low cost source of revenue to eligible communities who meet the application criteria. The minimum amount of a loan is $1,000,000 while the maximum amount of a loan is determined by the availability of funds and the creditworthiness of the applicant. State funding will be obtained through the sale of general obligation bonds. The State may provide up to 100 percent of the cost of the described project, dependent upon the creditworthiness of the applicant. (b) The Loan is designed to: (1) assist defense communities in enhancing the military value of a defense facility based on the criteria established in the United States Department of Defense's (DoD) base realignment and closure process; (2) provide financial assistance to defense communities for job creation [creating] or retention economic development projects that minimize the negative effects of a defense base realignment or closure decision that occurred in 1995 [2005] or later; or (3) provide financial assistance to defense communities for infrastructure projects to accommodate new or expanded military mis- sions resulting from a base realignment and closure decision that oc- curred in 1995 [2005] or later. (c) Definitions. The following words and terms, when used in this section, shall have the following meanings unless otherwise indi- cated. (1) Applicant --A Defense Community, as defined in para- graph (5) of this subsection, applying for a loan from the Texas Military Value Revolving Loan Fund. (2) Awardee--The Defense community whose loan appli- cation is approved by the Commission [office]. (3) Bank --The Texas Economic Development Bank within the Office of the Governor, Economic Development and Tourism Of- fice. (4) Commission --The Texas Military Preparedness Com- mission. The Commission is attached for administrative purposes to the Office of the Governor. (5) Defense Community --A political subdivision, includ- ing a municipality, county, or special district, that is adjacent to, near, or encompasses any part of a defense base. (6) Defense Facility --A military base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including leased space, that is controlled by, or primarily supports, DoD activities. (7) Director of the Bank --Director of the Texas Economic Development Bank within the Office of the Governor. (8) Director of the Commission --Director of the Texas Mil- itary Preparedness Commission. (9) Economic Redevelopment Value Statement --A state- ment that illustrates specific ways funds are to be used to promote economic development in the community to include that information as provided for in §397.0021 of the Local Government Code. (10) Chief of Staff --The Chief of Staff of the Office of the Governor [Executive Director The Executive Director of the Eeenemie Development and Tourism Division of the Office of the Governor /L�]. (11) Financial Partners --Federal and state agencies, private and public nonprofit foundations, local taxing authorities, and private investors who agree to provide money for projects eligible for funding under this program. (12) Fund --The Texas Military Value Revolving Loan Fund (TMVRLF). (13) Governing Board --Members of the Texas Military Preparedness Commission. (14) Military Value Enhancement Statement --A statement that illustrates specific ways funds are to be used to enhance the military value of the installation to include that information as provided for in §397.002 of the Local Government Code. (15) Project --The construction, renovation, or acquisition for which a TMVRLF loan is requested. (16) Project Costs --The Defense Community's total costs for completing the project, including any and all costs of financing and administration assessed by the Bank in accordance with §489.103 of the Texas Government Code [EDT]. §4.2. Military Value/Redevelopment Value Review and Pre -Applica- tion Assessment for Funds. (a) The Defense Community shall submit the following infor- mation to the Director of the Commission: (1) defense communities applying for a loan under §436.153 of the Local Government Code shall submit a Military Value Enhancement Statement; or (2) defense communities applying for a loan under §436.1531 or §436.1532 of the Local Government Code shall submit a Defense Community Economic Redevelopment Value Statement. (3) A pre -application assessment. (b) The [Director of the] Commission shall review the Military Value or Redevelopment Value Statement and perform: (1) an analysis of the project feasibility; and (2) an analysis of alternative funding for each project listed. (3) The Commission, in consultation with the Bank, shall review the applicant's pre -application assessment. (c) The Bank shall review the applicant's pre -application as- sessment. (d) The Governing Board shall take into consideration the Mil- itary Value or Redevelopment Value and by a majority vote make its recommendation to approve or disapprove the Military Value or Rede- velopment Value Statement §4.3. Processing and Review of Applications. (a) The Commission, in consultation with the Bank, shall con- duct its review of the applicant's creditworthiness based on standard due diligence practices and procedures that are consistent with other Bank lending programs including but not limited to: (1) review of project description to assess program criteria requirements; (2) quick assessment project considerations; 40 TexReg 6800 October 2, 2015 Texas Register search; (3) management assessment and current company news (4) economic/financial analysis; revenue analysis; credit rating review; and financial analysis summary -strengths, weaknesses, ex - (5) (6) (7) ceptions. (b) In addition, the Commission, in consultation with the Texas Public Finance Authority [Bank], shall also be responsible for developing the loan and security structure including: (1) the loan term sheet; (2) the loan agreement; and (3) the bond sale activities. §4.4. Application for Funds. (a) The Commission, in consultation with the Bank, [EDT] shall develop a formal application form to be included in the formal application process to assist in the evaluation of a loan submission. The application may require certain attachments and certifications. (b) At a minimum the application for funds will include: (1) the full legal name and description of requesting loan Applicant and each participating political subdivision under which debt is being issued; (2) a description of the governing body and contact infor- mation for person authorized to represent the political subdivision. In- clude name, title, address, phone, fax number, and e-mail address; (3) the name, address, phone, fax number, e-mail address, and contact person for legal counsel, financial advisor, contract admin- istrator, project engineer, and any other consultant representing the ap- plicant; (4) the prior three years audited financial statements, as ap- plicable, and projected financial statements, including loan repayment. The financial documents must include the applicant's income state- ment, balance sheet and cash flow statement; (5) documentation of attempts to obtain alternative financ- ing, if applicable; (6) a statement that financing is necessary because full fi- nancing is unavailable in traditional capital markets or credit has been offered on terms that would preclude the success of the project; (7) a financial plan that shows how loan proceeds will gen- erate income to repay the loan; (8) the number of jobs to be created and/or retained in the state; and (9) the project budget, including the most current itemized project cost estimates (include all costs, specifically construction, en- gineering services, legal, and fiscal costs, and funding sources and per- centage contribution in a Sources and Uses Statement format). Identify source of these estimates, (i.e., engineer, finance director, financial ad- visor)[,- etc]. (c) Applicant shall also include one (1) certified original of: (1) a resolution/ordinance requesting financial assistance from the Commission [EDT] authorizing the submission of the appli- cation and designating the official representative(s) for submitting the application, executing any necessary documents and appearing before the Commission; (2) an affidavit executed by the official representative stat- ing that the facts contained in the application are true and correct to the best of their knowledge and belief; (3) an affidavit executed by the official representative stat- ing that the application was approved by the governing body of the applicant in an open meeting; (4) a certificate of compliance executed by an official repre- sentative which warrants compliance by the participating political sub- division with all representations in the application, all federal (where applicable), state, and local laws, and all rules/published policies of the Commission and EDT; and (5) a statement of pending claims or litigation against the applicant that might affect the ability of the applicant to issue debt or that could affect the Commission's [EDT's] ability to recover its invest- ment. (d) Application and closing fee. Applicants [EDT] shall pay a [eharge an application] fee provided as prescribed by the Bank for all applications, made payable to the Office of the Governor. In addition, successful applicants may be required to pay, upon financing by the Bank, a closing fee. §4.5. Availability of Funds. (a) Funds Commitment. If the project is approved by the Commission [office], funds become committed to the awardee subject to the sale of the general obligation bonds by the state. (b) Letter of Commitment. The applicant will be required to submit a letter of commitment after the final approval of the project by the Commission [execu�i* • e director]. (c) Upon sale of state -issued bonds, funds are disbursed to the awardee by the Comptroller of Public Accounts. §4.6. Awardee Responsibilities. In order to receive disbursement of loan funds that have been commit- ted to them, awardees will be required by contract with the Commission [EDT] to: (1) have a system established in writing to ensure that ap- propriate officials provide necessary internal reviews and approvals for the expenditure of funds and for monitoring project performance and adherence to state terms and conditions; (2) have financial management systems that meet the re- quirements of the Commission [EDT]; (3) retain financial management records, supporting doc- uments, statistical records, and other materials pertinent to the award until the debt is retired and make these records available to the Com- mission [EDT] upon request; (4) be responsible for performing the duties and tasks de- scribed under all project loan agreements; (5) provide the Commission [EDT] with copies of all project documentation required by federal or other financial partners; (6) provide project demonstrations, site inspections, photo or other documentation, including written materials to substantiate ben- efit to the community's economy and enhancement of the military value of the facility as may be requested by the Commission [EDT]; (7) agree that the loan may be suspended or terminated if the awardee fails to comply with the [EDT] terms and conditions of the loan, or if the financial partnership is suspended or terminated; (8) agree that when two or more entities are participating together as an awardee, if one or more of the entities does not fulfill its PROPOSED RULES October 2, 2015 40 TexReg 6801 loan repayment obligation, then the remaining entity or entities are still liable for repayment of the entire loan amount; (9) agree that neither the Commission nor the Office of the Governor [EBT] shall [net] be held liable in the event of damages to persons or property which may occur in the course of activities con- ducted as a result of the award or its cancellation or withdrawal; and (10) agree to such other terms and conditions as the Com- mission [EDT] may require. §4.7. Office and Commission Responsibilities. (a) In carrying out its duties and responsibilities under the Act, the Commission shall: (1) publicize the program to potential applicants; (2) work closely with loan applicants to ensure the appli- cation is complete and all relevant material is provided; (3) establish and conduct the evaluation process in a re- sponsive manner to maximize the opportunity to acquire federal and other funding; (4) develop contracts with awardees that include sufficient performance measures, audit requirements, and reporting requirements to ensure prudence and due diligence in the expenditure of state funds; and (5) minimize reporting requirements that may be repetitive of reporting required by federal grant agencies or unnecessary for the effective monitoring of the program. (b) Waiver. The Commission, in consultation with the Chief of Staff or his designee, [exeeuti-ve director] may waive any provision of this chapter upon a finding that the public interest would be furthered by granting the waiver. §4.8. Reporting Responsibilities. (a) After completion of the project, the awardee will provide milestones and updates as required by the contract. (b) Throughout the project period, the awardee must provide copies of all reports required by federal agencies pursuant to the terms of individual federal grants received, within 30 days of their submission to the granting agencies. (c) Failure to submit reports in a timely and satisfactory man- ner may result in the withholding of funds due or requested by the awardee. Failure to document post -completion requirements may re- sult in the return of funds to Commission [EDT] as set forth in the contract. The agency certifies that legal counsel has reviewed the pro- posal and found it to be within the state agency's legal authority to adopt. Filed with the Office of the Secretary of State on September 18, 2015. TRD-201503887 Shane Linkous Assistant General Counsel Office of the Governor Earliest possible date of adoption: November 1, 2015 For further information, please call: (512) 475-1475 SUBCHAPTER B. DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT PROGRAM 1 TAC §§4.30, 4.31, 4.34 - 4.36, 4.39, 4.40 Statutory Authority The amendments are proposed under Government Code, §436.101, which provides the Texas Military Preparedness Commission may enact administrative rules necessary to ad- minister its duties. Cross Reference to Statute Government Code, Chapter 489, as amended by Senate Bill 318, Senate Bill 503 and Senate Bill 1358, 84th Legislature, Reg- ular Session. §4.30. Introduction and Purpose. (a) Background. The Texas Defense Economic Adjustment Assistance Grant Program (DEAAG) provides [was ^uthor��r e -d by the 75th Legislature to provide] state funds to assist defense communities that have been or may be adversely or positively impacted by an an- ticipated, planned, announced, or implemented action of the United States Department of Defense to close, reduce, increase, or otherwise realign defense worker jobs or facilities. [decreased defense cxpcndi tures and defense worker employment. Subsequently the 79th Legis- lature amended the program to include defense communities that have been positively impacted and the 81st Legislature amended the pro- gram to include job retention.] (b) The goal of the program is to increase and/or retain em- ployment opportunities for dislocated defense workers and residents of adversely affected defense communities and reuse vacated property as efficiently as possible. The goal is to also assist positively affected defense communities that receive new, [or] expanded, or retained mil- itary missions as a result of the United States Department of Defense Base Realignment and Closure process. (c) A local government entity is eligible for a grant if it is: (1) a municipality or county that is a defense community; (2) a regional planning commission that has a defense com- munity within its boundaries; (3) a public junior college district all or part of which is located in a defense community; (4) a campus or extension center of the Texas State Tech- nical College system located in a defense community; (5) a defense based development authority created under Chapter 379B, Local Government Code; or (6) a political subdivision having the power of a defense development authority created under Chapter 379B, Local Government Code. (d) Grant Criteria: (1) To meet a matching money or investment requirement in order to receive from the United States Government assistance that is provided to allow the government entity to respond to or recover from an event listed in §486.003 of the Government Code; (2) Acquiring federal grant assistance or for sharing in the costs of purchases of property from the Department of Defense or its designated agent, new construction, rehabilitation, renovation or de- molition of facilities; 40 TexReg 6802 October 2, 2015 Texas Register (3) Construct infrastructure and other projects necessary to accommodate a new, expanded or retained [or expanded] military mis- sion(s) at a military facility located in or near the local government entity; (4) Construct infrastructure and other projects necessary to reduce the impact of an action of the Department of Defense that will adversely impact a defense facility located in or near the local govern- mental entity; (5) [(4)] If the grantee is a public junior college or a techni- cal college, grant proceeds may be used to purchase or lease equipment to train defense workers whose jobs have been threatened, lost, gained or retained; or to train workers to support military installations or de- fense facilities. (e) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings unless indicated otherwise. (1) Awardee--The local governmental entity whose appli- cation is approved by the governing board. (2) Defense worker -- (A) An employee of the United States Department of Defense, including a member of the armed forces and government civilian workers; (B) An employee of a government agency or private business, or entity providing a Depaitment of Defense related func- tion, who is employed on a defense facility; (C) An employee of a business that provides direct ser- vices or products to the Depaitment of Defense and whose job is di- rectly dependent on defense expenditures; or (D) An employee or private contractor employed by the United States Depaitment of Energy working on a defense or Depart- ment of Energy facility in support of a Department of Defense related project. (3) Defense worker job --A Department of Defense autho- rized permanent position or a position held or occupied by one or more defense workers for more than 12 months. (4) Defense Installation [Facility] -A military base, camp, post, station, yard, center, homeport facility for any ship, or other ac- tivity under the jurisdiction of the Department of Defense, including leased space, that is controlled by, or primarily supports, DoD's activi- ties. (5) Defense community --A political subdivision, including a municipality, county, or special district, that is adjacent to, is near, or encompasses any part of a defense base. (6) New direct permanent job --A new employment posi- tion created by a qualified business that provides at least 1,820 hours of employment a year after the completion of the project and whose po- sition is within the governmental entity's defense community and can be verified. A new direct permanent job can also include subcontrac- tors to a qualified business so long as those jobs relate directly to the work being performed as defined in the DEAAG application and who perform no less than 50 percent of the person's service for the quali- fied business in the government entity's defense community and can be verified. (7) Retained jobs --A defense worker employed within the government entity's defense community before a Department of De- fense action and is retained as a qualified employee by a qualified em- ployer after the date on which the project is completed, employed at 1,820 hours annually and is located within the government entity's de- fense community and can be verified. (8) Office --The [Texas Economic Development elopment and Tourism Division,] Office of the Governor. (9) Commission --Texas Military Preparedness Commis- sion. The Commission is attached to the Office of the Governor for administrative purposes. (10) Director --The Director of the Texas Military Pre- paredness Commission or his designee. (11) Financial partners --Federal and state agencies, private and public non-profit foundations, local taxing authorities, and private investors who agree to provide money for a project eligible for funding under this grant. (12) Fiscal year --The State of Texas fiscal year, September 1st through August 31st. (13) Application Deadline --Not later than 5:00 PM Central Time on the closing date indicated in the grant solicitation. (14) Governing Board --The Commissioners of the Texas Military Preparedness Commission. (15) Review Panel --The Defense Economic Adjustment Assistance Review Panel, a group of at least three and not more than five professional full-time employees from within the Office of the Governor, who evaluate grant applications and make grant award recommendations to the governing board. (16) Qualified Business --A business that is engaged in or has provided substantial commitment to initiate the active conduct of a trade or business within the government entity's defense community. §4.31. Program Coverage. State funds provided under the Defense Economic Adjustment Assis- tance Grant Program must be expended not later than the end of the state fiscal biennium [second full fiscal year after the fiscal year] in which the grant was awarded. §4.34. Maximum and Minimum Awards. (a) Amount. The minimum amount of award will be $50,000. The maximum amount of award will be $5 [$2] million. (b) Percentage. The governing board may provide up to: (1) 50 percent of the amount of matching money or invest- ment that the local governmental entity is required to provide for ac- quiring federal grants; or (2) 50 percent of the local governmental entity's investment for qualifying redevelopment projects; or (3) 80 percent of the amount of matching money or invest- ment required in cases where the local governmental entity demon- strates to the Commission that resources are not available because of a limited local governmental entity budget; or (4) 100 percent to a public junior college, a campus or ex- tension center as defined in §486.003(a)(3) or (4) of the Government Code. (5) The Commission may make a grant to an eligible local governmental entity without regard to the availability or acquisition of matching money in accordance with §436.202(d) of the Government Code. (c) Certification. PROPOSED RULES October 2, 2015 40 TexReg 6803 (1) Local governmental entities are encouraged to acquire financial assistance for eligible development projects from a variety of sources including federal, state, local and private/public foundations. The Chief Financial Officer of the local governmental entity or the local governing body submitting the application will provide adequate certi- fication showing reasonable local community efforts to acquire funding from other sources when the state is the only other financial partner. (2) In submitting an application under subsection (b)(3) of this section, the Chief Financial Officer or the local governing body will certify that local community budget and resources are not adequate or available and shall provide specific information on local efforts to secure adequate funding. Justification should include an overview of the status of development sales tax efforts and bond authority. (d) Community Support. (1) Applicants shall provide a minimum matching money investment of 50 percent of the amount of DEAAG funding being re- quested. (2) The Commission may waive the 50 percent require- ment to a 20 percent matching money investment of the amount of DEAAG funding being requested where the local governmental entity demonstrates to the Commission that resources are not available be- cause of a limited local governmental entity budget. (3) When submitting an application under paragraph (2) of this subsection, the Chief Financial Officer or the local governing body making application will certify that local community budget and re- sources are not adequate or available and provide specific information on local efforts to secure adequate funding. Justification should include an overview of the status of development sales tax efforts and bond au- thority. §4.35. Application for Funds. (a) The Commission shall develop a formal application form to be included in the formal application process to assist in the eval- uation of the grant submission. The application may require certain attachments and certifications. (b) At a minimum the application for funds will include: (1) A detailed overview of the project and the use of the funds; (2) An overview of the event(s) that qualify the local gov- ernment, under the eligibility criteria described in §4.32 of this title (relating to Eligibility for Funds), to apply for the grant program; (3) An impact statement detailing the adverse, [of] posi- tive, or proposed effect caused by the event(s) described in §4.32(a) of this title on the local governmental entity; (4) Information on the community's efforts to secure other funding sources; (5) A detailed financial plan for the project; (6) A summary of the extent to which the local governmen- tal entity has used its existing resources to promote local economic de- velopment and to promote private investment to create or retain jobs in the area; (7) Efforts made by the government entity to retain or re- cruit qualified businesses; (8) The amount of any previously awarded funds under this program and the number of jobs created from this award; and (9) The anticipated number of new direct permanent jobs to be created or retained and the economic benefit to the community if the application is successful and the project is funded. §4.36. Processing and Review of Application. (a) The local governing body will submit applications for the program to the [Director el the] Texas Military Preparedness Commis- sion. (b) Applications or additional information received after the application deadline will not be considered. (c) The Texas Military Preparedness Commission will: (1) Publicize the program to potential applicants and pro- vide grant solicitation information; and (2) Evaluate each application for completeness. (d) The Commission may assist a local government entity in applying for a grant. (e) The Director will: (1) Appoint a review panel consisting of himself and two to four full-time employees from the Office of the Governor evaluate applications; and (2) Appoint a review panel chairman. (f) The Review Panel will: (1) Review applications, score, and make recommenda- tions to the governing board; (2) Provide evaluations and recommendations for grant awards for all grant applications received based on but not limited to the following criteria: (A) If the effect on the local governmental entity is ad- verse or positive; (B) If the effect on the local governmental entity is pos- itive and if that affect was a result of the United States DoD base re- alignment and closure process; (C) The significance of the number of jobs lost, gained or retained in relation to the workforce in the local governmental en- tity's jurisdiction and the effect on the area's current and/or projected economy and tax revenue; (D) The extent to which dislocated defense workers will be retrained and/or retained as qualified employees within the defense community; (E) The extent to which the local governmental entity has used its existing resources to promote local economic development; (F) The amount of any grant(s) that the local govern- mental entity has previously received under this subchapter; (G) The anticipated number of jobs to be created or re- tained in relation to the amount of the grant sought; (H) The extent to which the grant will affect the region in which the local governmental entity is located; and (I) If the project will have a negative effect on the en- croachment of a defense base within the governmental entity's defense community. (J) The added military value of the project in accor- dance with the guidelines established by the Department of Defense. (K) The installation's most recent BRAC score, with preference given to those scoring below the national average. 40 TexReg 6804 October 2, 2015 Texas Register (g) The Governing Board will: (1) Review and score applications using the same criteria as the Review Panel; (2) Ensure that one defense community is not favored over another in approving or disproving funding; (3) Review and take into consideration those recommenda- tions of the Review Panel and the governing board's own score; (4) Review and approve or disapprove the award of the grant by a roll call majority vote; and (5) Provide a statement of explanation for each application approved or disapproved that is not in agreement with the Review Panel recommendations. §4.39. Commission and Office Responsibilities. (a) In carrying out its duties and responsibilities under the Act, the Commission shall: (1) Solicit grant applications and publicize application deadlines; (2) Establish and conduct the evaluation and award process in a responsive manner to maximize the opportunity to acquire federal and other funding; (3) Develop contracts with awardees that include sufficient performance measures, audit requirements, and reporting requirements to ensure prudence and due diligence in the expenditure of state funds; and (4) Minimize reporting requirements that may be repetitive of reporting required by federal grant agencies or unnecessary for the effective monitoring of the program. (b) Waivers. The Commission, in consultation with the Chief of Staff or his designee [executive director] may waive any provision of this subchapter upon a finding that the public interest would be fur- thered by granting the waiver. ,4.40 Reporting Responsibilities. (a) Disbursement of funds will be made in accordance with the terms of the contract. (b) After completion of the project, the awardee will provide the following milestones and updates as required by the contract. (c) Throughout the project period, the awardee must provide copies of all reports required by federal agencies pursuant to the terms of individual federal grants received, within 30 days of their submission to the granting agencies. (d) The awardee must provide all reports to the Commission as required by the terms of the grant contract, including, but not lim- ited to, reports on any performance measures, milestone reports, and project completion reports. [As a performance measure to demes =onstf^*r^te economic benefit to the State of Texas, for two years upon completion of the project the governmental entity shall submit quarterly reports indicating the number of qualified jobs created or retained and the av- erage annual salary for each position.] (e) Failure to submit reports in a timely and satisfactory man- ner may result in the withholding of funds due or requested by the awardee. Failure to document post -completion requirements may re- sult in the return of funds to the Commission as set forth in the contract. The agency certifies that legal counsel has reviewed the pro- posal and found it to be within the state agency's legal authority to adopt. Filed with the Office of the Secretary of State on September 18, 2015. TRD-201503888 Shane Linkous Assistant General Counsel Office of the Governor Earliest possible date of adoption: November 1, 2015 For further information, please call: (512) 475-1475 TITLE 7. BANKING AND SECURITIES PART 7. STATE SECURITIES BOARD CHAPTER 113. REGISTRATION OF SECURITIES 7 TAC §113.1 The Texas State Securities Board proposes an amendment to §113.1, concerning qualification of securities. The amendment adds a reference to §114.4, relating to filings and fees for fed- eral covered securities, to the section that discusses state reg- istration of Regulation A offerings. Section 114.4(a) operates to require a notice filing, payment of the fee that would have been paid if the securities had been registered, and, if applicable, a consent to service for federal covered securities that are offered and sold pursuant to Tier 2 of Regulation A. Earlier this year, the Securities and Exchange Commission (SEC) adopted final rules that updated and expanded Regula- tion A, an existing federal exemption from registration for smaller issuers of securities. These rules provide for two tiers of offer- ings: Tier 1, for offerings of securities of up to $20 million in a 12 -month period; and Tier 2, for offerings of securities up to $50 million in a 12 -month period. The SEC rules operate to preempt state securities law registration and qualification requirements for securities offered or sold to "qualified purchasers" in Tier 2 offerings. The SEC defined "qualified purchasers" as all offerees and purchasers in a Regulation A, Tier 2 offering. Accordingly, securities offered and sold in a Regulation A, Tier 2 offering would be federal covered securities, as that term is defined elsewhere in the Board's rules, and would be subject to the filing and fee requirements in Chapter 114 of the Board's rules. Patricia Loutherback, Director, Registration Division, has deter- mined that for the first five-year period the rule is in effect there will be no foreseeable fiscal implications for state or local gov- ernment as a result of enforcing or administering the rule. Ms. Loutherback also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to apprise readers that some Regulation A offerings may involve federal covered securities, rather than registered securities in Texas, and direct the reader to the provisions that relate to filings and fees for federal covered securities. There will be no effect on micro- or small businesses. Since the rule will have no adverse economic effect on micro- or small businesses, preparation of an economic impact statement and a regulatory flexibility analysis is not required. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. There is no anticipated impact on local employment. PROPOSED RULES October 2, 2015 40 TexReg 6805 AGENDA MEMORANDUM City Council Meeting of November 10, 2015 DATE: TO: October 4, 2015 Ronald L. Olson, City Manager FROM: lain Vasey, president/CEO ivasey@ccredc.com (361) 882-7448 CCREDC Quarterly Update to City Council (Q3 2015) STAFF PRESENTER(S): Name 1. 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Name Title/Position Organization 1. lain Vasey President/CEO CCREDC 2. 3. BACKGROUND: The CCREDC provides quarterly updates to The Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. The economic impact report for the EDC is attached as well as an economic impact report on CCREDC. From page 6 of the economic impact report the rate of return on the City's investment into the EDC is 675% over the past 5 years. LIST OF SUPPORTING DOCUMENTS: PowerPoint — CCREDC Economic Impact Report 1111114 Corpnis Christi kimREGIONAL ECONOMICN DEVELOPMENT ORI'QRATIQN November 10, 2015 Economic Update Iain Vasey The Coastal Bend Region CCREDC Service Areakm Corpnis Christi REGIONAL ECONOMICN DEVELOPMENT ORI'QRATIQN MSA (Counties) Aransas, San Patricio, Nueces Corpus Christi MSA Population: 448,108 Total Jobs: 198,000 Unemployment: 5.1% 5 Year Job Growth 11% Total Wages $10B 5 Yr Total Wage Increase: $2B Average Salary $47,800 Corpus Christi MSA Employment by Sector 1111 Corpus Christi RooREGIONAL ECONOMIC DEVELOPMENT CORPORATION Employment by Sector far Selected Month/Corpus Christi MSA Si 15 Aug 15 Sep 14 Sep 13 Sep 11 Sap 11 Tidal Nunayriaultura l Mining,, Lugging, & Coram. Manufacturing Trade, Transportation and Utilities Information Financial Activities Professional and Business Services Educational and Health Services Leisure and Hospitality Other Services Goverrrment 198,600 27,600 9,800 36,200 2,100 8,600 15,800 30,800 26,600 8,300 32,800 196,500 27,100 9,700 35,900 2,100 8,600 15,700 30,600 27,100 S, 400 31,300 Source! Texas Workforce Commission 195,700 26,400 9,900 35,700 2,100 8, 500 16,500 29,800 25, 700 8,300 32,800 187,600 24,000 9,700 33,800 2,000 7„90C1 15,400 29,600 24,400 7, 800 33,000 184,700 22,700 9,900 32,400 2,000 7,600 15,300 30,500 23,500 7,800 33,000 178,800 20,600 9,600 31,100 2,000 7,500 15,000 31,500 21,600 7,100 32,800 EDC Goals and Results ir I I 1114 Corpus Christi. REGIONAL ECONOMIC RP km DEVELOPMENT CORPORATION RPORATIOM ➢1,000+ Direct New "Economic Driver" Jobs Annually - 1,109 YTD .Overall New Direct Payroll: $77.9 M - YTD ($70.2k avg.) $1.0 Billion Capital Expenditures ("CapEx") $15.44 B - YTD ➢150+BRE Visits/Company Interviews & semi-annual BRE reports 121 - YTD Recognition in National EDC Rankings/Best Places: ➢ Business Facilities Top 10 Export Cities ➢ Wallethub.com - 27111 Fastest Growing City in the nation, ➢ Callei: com - 961 in the nation for exports Adler-Montcalm QSR Online Tex -Isle Castleton Oxy Petroleum Cheniere Gravity Mid -Steam C.C. Cold Storage Govind OxyChem Cameron Energy Sector Information Roi141 Corpus Christi. REGIONAL ECONOMIC DEVELOPMENT CORPORATION • $300+ Billion in announced Industrial Projects along Gulf Coast since 2010 • Texas: • Natural Gas Production: 8,000 Trillion BTU's annually • Crude Gil: 4,000 Trillion BTU's annually • 27 Petroleum Refineries in TX • 29% of US Refining Capacity • TX Electricity primarily comes from Natural Gas (18,000 GW/month, compared to Coal 7,400 GW/month) • TX uses 4 Trillion BTU's from Natural Gas/year • TX leads US in wind energy (12,000 MW production capacity) Source Earn,. Idernalem Adminkhatlee, Unice of UO d Gas. Natural Car pnslae, Gas Tramspamllen Inlennallan Syaem Average Annual Wages (based on Average Weekly Wages by Industry) IIS Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION $90,000 $80,756 $80,000 570,000 560,000 550,000 $40,000 530,000 - - $20,000 510,000 570,369 2010-2015 Corpus Christi MSA 557,434 $51,649 $1:511 $50,934 $48,56 543' 43 5 36,257 $44,538 "'9 111 $41,66 $41,457 I 11 $34,51111 $33,800 $34,658 $31,$28,834 $2618 IIiII111111141111111111 J roc ��� QS ,`mor a`o ti`,�� �(77a 1'o (+ 4gs5 `ra *\GP a�or a\or •,,,, Q�,•qa ��� �aJ` �Q l i�ar ■2010 ■2011 ■2012"72013 ■2014 WORKFORCE SOLUTIONS of the Coastal Send Coastal Bend Workforce Area IIS Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION Area Area Type Latest September Monthly Data 2015 Previous Monthly Data August 2015 Year Ago September 2014 Labor Force Employment Unemployment Rate M. 'rt. Labor Forte Employment Unemployment Rate Labor Force Employment Unemployment Rate United States Nation 156,715000 148,800,000 7,915,000 5.1 0.0 -0.8 167,065,000 149,036,000 8,029,000 5.1 155,845,000 146,607,000 9,237,000 51 Texas Carpus Christi State MSA 13,010,043 12,465,308 544,735 4.2 0.1 -0.6 13,012,389 12,474,419 537,970 4.1 13,131,438 12;501,664 629,774 4.8 211,240 200,660 10,590 6.6 0.0 0.1 209,574 199,001 10,573 5.0 212,946 202,469 10,477 4.9 Coastal Bend Aransas WDA County 278,529 263,542 14,987 5.4 0.0 0.5 276,379 261,348 15,031 5.4 279,261 265,513 13,748 4.9 10,119 9,617 502 5.0 0.1 -0.2 10,019 9,527 492 4.9 10,269 9,737 532 5.2 Bee Brooks Canty County 10,759 10,109 650 6.0 -0.3 0.5 10,583 10,007 676 6.3 11,030 10,422 608 5.5 2,734 2,452 282 10.3 -1.0 3.2 2,753 2,443 310 11.3 2,649 2,461 188 7.1 Duval aunty 5,829 5,363 466 8.0 0.6 2.7 5,741 5,314 427 7.4 5,656 5,355 300 5.3 Jim Wells Kenedy Canty Canty 20,919 19,228 1,691 8.1 0.0 3.2 20,883 19,186 1,697 8.1 20,156 19,174 982 4.9 362 354 8 2.2 -0.1 -0.5 354 346 8 2.3 339 330 9 2.7 Kleber9 County 15,106 14,251 855 5.7 -0.4 0.5 14,868 13,966 902 6.1 15,376 14,576 800 5.2 Live Oak McMullen County Canty 6,673 6,431 242 3.6 0.1 0.3 6,619 6,385 234 3.5 6,369 6,160 209 3.3 1,274 1,253 21 1.6 0.0 -0.2 1,275 1,255 20 1.6 1,121 1,101 20 1.8 Nueaes Canty 170,140 161,932 8,208 4.8 0.0 0.0 168,774 160,624 8,150 4.8 171,510 163,317 8,193 4.8 Refugia County 3,633 3,451 182 5.0 -0.1 0.7 3,629 3,445 184 5.1 3,620 3,465 155 4.3 San Patricia Canty 30,981 29,101 1,880 6.1 -0.2 0.5 30,781 28,850 1,931 6.3 31,167 29,415 1,752 5.6 11‘14 REGIONA Corpus Christi.Key Economic Indicators DEVELOPMENTCORPORATION Monitoring: Oct 20, 2014 Oct 20, 2015 Oil Prices: $ 82.76/bbl. $ 45.84/bbl. (WTC www.oil.com) Rig Count: (www.bakerhughes.com/rigcount) October 31, 2014 901 October 30, 2015 339 Unemployment: Sept 2014 4.8% Natural Gas Prices: $3.92 mm btu $2.66 mm btu (Henry Hub www.eia.gov) Sept 2015 5.0% EDC Strategic Plan rill Corpus Christi. REGIONAL ECONOMIC RP km DEVELOPMENT CORPORATION RPORATIOM • Business Retention & Expansion • Business Recruitment & Economic Diversification • Project Management & Operating Protocols • Accountability, Compliance & Responsibility • Investor & Communications Campaign Projects Pipeline: Projects in Pipeline: Potential CapEx: Potential Jobs: Potential Payroll: 31 $3.947 billion 3,779 $108 million/year Recruiting Missions YTD: 6 Existing Industry Visits: 121 EDC Economic Return 11111114 Corpus Christi. REGIONAL ECONOMIC RP km DEVELOPMENT CORPORATION RPORATIOM ➢ 2011-15 EDC involved in securing: • 1,234 new permanent jobs & retained 2,035 jobs = 3,269 jobs • New payroll of $52.8M & retained payroll of $87.2M = $140M in annual payroll • $20.7 billion in announced private capital investment ➢ City of Corpus Christi Return on Investment: • City support for EDC: $3.2M • Additional & retained sales & property taxes: $22.2M • Return on Investment: 675% (cost/benefit ratio 1 to 6.23) ➢ Overall Community Return on Investment: • Community's support for EDC (public & private): $7.57M • All taxing districts sales & property tax returns: $102.9M • Return on Investment: 1,360% (cost/benefit ratio of 1 to 13.60) 1117 Corpus Christi 2016 Economic OutlookpwiREEWELOGIONALPMEENTCONOMIC DCORP(]RATIpN Energy Pricing: Continued Uncertainty in crude oil market — no consensus on pricing ➢ Analysts predict huge range $25-55/bbl for the next two years. ➢ Dependent on Saudi production — competition for market share with US shale, other international producers. ➢ Geopolitical factors: War in Middle East, Saudi Arabia maintaining 9.5-10m/bpd (US at 9m/bpd — double what it was in 2008) ➢ Legislation to allow export of crude Watch List: The ratio between Natural Gas prices and Crude Oil prices (7:1 ratio) Low oil/gasoline prices are considered good for US, but generally bad for Texas ➢ Corpus Christi MSA somewhat insulated, due to chemical sector growth, throughput of product at Port, construction of new facilities which is projected to continue for next 5+ years ➢$2-5 Billion in new industrial investment in Corpus Christi MSA, 1,000+ new jobs ➢Two words for 2016: Ethane & Liquefaction A Report of the Economic Impact of the Operations of the Corpus Christi Regional Economic Development Corporation During 2011-2015 August 1, 2015 Prepared for: Corpus Christi Regional Economic Development Corporation One Shoreline Plaza 800 North Shoreline Suite 1300 South Corpus Christi, TX 78401 Prepared by: Impact DataSource 4709 Cap Rock Drive Austin, Texas 78735 (512) 892-0205 Fax (512) 892-2569 www.impactdatasource.com IMPACT eau DaLaSou r c e Introduction This report presents the results of an economic impact analysis performed by Impact DataSource, an Austin, Texas economic consulting, research and analysis firm. The purpose of the analysis was to determine the economic impact of the activities of the Corpus Christi Regional Economic Development Corporation (CCREDC) during the past five years of operations, 2011-2015. About the Corpus Christ Regional Economic Development Corporation The CCREDC began its first full year of operations on August 1, 2000. In the first year, the Corporation (a) hired and developed a full-time staff, (b) moved into a new office complex, and (c) set about to accomplish its mission. During following years, the Corporation successfully expanded the economic base in the Corpus Christi region. The mission of the Corporation, as expressed in its mission statement, is as follows: The Corpus Christi Regional Economic Development Corporation will organize, coordinate, and lead the expansion of the Corpus Christi region's economic base through actions and programs that encourage and cause retenion, expansion, and recruitment of industrial, manufacturing, distribution, and service employers. The Corporation is located in the One Shoreline Plaza, 800 N. Shoreline Boulevard, Suite 1300 South, in Corpus Christi, Texas. The organization is governed by a 27 -member Board of Directors and operated by a staff of five. The Board of Directors meets monthly. During the last five years, the Corporation received funding of $7.5 million from public and private investors for its operations. Of this funding, the City of Corpus Christi provided an average of $659,000 a year or about $3.2 million over five years. Accomplishments of CCREDC Over the Past Five Years During its last five years of operations, the CCREDC, guided by its Board of Directors, accomplished the objectives set forth in its mission statement -- to "organize, coordinate, and lead the expansion of the Corpus Christi region's economic base". CCREDC assisted firms that invested in new or expanded facilities and created or retained jobs in the community. 2 Types of Economic Impacts Generated by Firms Assisted by CCREDC The firms assisted by CCREDC generated direct economic activity from their new investments in the area and from new firms that located in community and from expanding firms and from retained firms. This direct economic activity rippled through the economy of the Corpus Christi area. For example, indirect jobs and earnings were created or retained in local businesses that supply goods and services to new or retained firms and their workers. To estimate the indirect economic impact, RIMS 11 regional multipliers for Nueces County were used. The following indirect multipliers were used in this analysis Regional Multipliers Used in this Analysis From From Construction Operations Activities of the Firms Indirect jobs multiplier Indirect salaries multiplier 0.8153 0.65 0.6982 0.55 The above multipliers mean, for example, that for each new job or retained job in a company's operations, there are .65 indirect jobs created or retained in the community. Similarly, for every dollar paid to one of the new or retained workers, there is $.55 paid to workers in new or retained spin-off jobs. Economic Impacts Generated by CCREDC The economic activity generated by new or retained firms assisted by CCREDC over the past five years has been significant. As shown on the following page, $20.7 billion in major investments were announced or made in the area by 26 firms. Over the past five years, the investments that occurred created or supported 5,677 direct and indirect construction jobs each year and $3.1 billion in direct and indirect construction salaries. Further, these firms created 1,234 new permanent direct jobs and retained 2,035 jobs for a total of 3,269 permanent direct jobs. Total direct and indirect new and retained jobs from these firms was 5,394. Total permanent direct and indirect salaries created or retained in the community by these firms over the past five years was $3 billion. These and other economic activities generated by firms assisted by CCREDC are shown on the following page. 3 Economic Activity Generated by Firms Assisted by CCREDC in the Corpus Christi Area During 2011-2015 Major announced investments during the period: Number of firms/projects 26 Actual and announced investments $20,714,536,431 Construction jobs and salaries supported during the period: Average number of direct and indirect construction jobs supported each year 9,404 Total direct and indirect construction jobs salaries during the period $2,379,332,313 Permanent direct jobs retained or created during the period: Number of jobs: New direct jobs created 1,234 Direct jobs retained 2,035 Total direct jobs retained and created 3,269 Annual salaries for jobs retained/created: New direct salaries created Direct salaries retained Total direct salaries retained and created Permanent direct and indirect jobs retained and created during the period: Total number of jobs created/retained: Direct jobs Indirect jobs Total permanent jobs $52,886,907 $87,210,190 $140,097,097 3,269 2,125 5,394 Total salaries created/retained during period: New and retained direct salaries $1,369,650,373 Indirect salaries created and retained $1,643,580,448 Total direct and indirect salaries created and retained $3,013,230,821 Additional or retained annual taxable sales in area businesses $979,581,813 New commercial and residential property (from new workers moving to $3,328,623,044 or being retained in the community) added to or retained on local tax rolls during the period While these new investments were announced over the past five years, the investments will likely be made over a longer period and new jobs announced may be filled over a longer period. To determine construction impacts and commercial property added to local tax rolls, the analysis considered only construction occurring each year during the five year period and property added to tax rolls each year. 4 Additional or Retained Public Revenues The economic activity generated by new investments and jobs in the Corpus Christi area during CCREDC's last five years of operations will translate into additional or retained sales and property taxes for the city and county and local school districts and special taxing districts. The estimated additional and retained sales and property taxes for the City of Corpus Christi, Nueces County and local school districts and special taxing are as follows: Estimated Sales and Property Taxes Generated or Retained by Firms Assisted by CCREDC Over the Past Five Years Sales taxes collected on taxable new or retained taxable sales Property taxes collected on new commercial and residential property added to local tax rolls Total new or retained sales tax collections and property tax collections on new property added/retained on local tax rolls $19,591,636 $83,358,295 $102,949,931 Return on the Community's Investment in the Corpus Christi Regional Economic Development Corporation Area organizations, both public and private, provided funding of $7.5 million to the Corpus Christi Regional Economic Development Corporation during the corporation's last five years of operation, 2011-2015. The Corporation and its development partners assisted in securing investments in the community of $20.7 billion and an estimated 9,404 new construction jobs and created or retained each year and 5,394 direct and indirect permanent jobs. Further, this economic activity generated an estimated $102 million in additional/retained revenues for the City of Corpus Christi, Nueces County and local school districts and special taxing districts during the period. 5 Return on Total Community Investment in CCREDC If the community's total funding in CCREDC is considered a community investment in economic development, this investment had a rate of return on investment of 1360% and a cost -benefit ratio of 1 to 13.60, as shown below: Rate of Return on the Community's Investment in the Corpus Christi Regional Economic Development Corporation The community's investment in CCREDC during five $7,572,043 Estimated additional or retained sales and property tax collections for all $102,949,931 local taxing districts Rate of return on the community's investment over five years 1360% Cost -benefit ratio over five years 1 to 13.60 Return on the City of Corpus Christi's Investment in CCREDC If the City of Corpus Christi's funding provided to CCREDC (a portion of total funding provided to the corporation) is considered a city investment in economic development, this investment had a rate of return on investment of 675% and a cost -benefit ratio of 1 to 6.23, as shown below: Rate of Return on the Community's Investment in the Corpus Christi Regional Economic Development Corporation The City of Corpus Christ investment in CCREDC during 2011-2015 $3,295,000 Estimated additional or retained sales and property tax collections from $22,230,052 the City of Corpus Christi's investment in CCREDC Rate of return on the City's investment 675% Cost -benefit ratio 1 to 6.23 6 Summary and Perspective To provide some perspective on the data presented above, Impact DataSource offers the following comments: 1. The creation or retention of $102 million in sales and property tax collections during the period is an example of what a focused economic development effort can accomplish for the public benefit in a community -- especially during difficult economic times. 2. The job growth and retention and sales and property taxes created or retained was achieved within the relatively inexpensive cost -benefit ratio of 1 to 13.60 for community investment in CCREDC. It is not being suggested here that the CCREDC caused all these investments and growth. In fact, the EDC provided to most firms a range of services from initiation of contact to complete analytical support from beginning to end. But the marketing, assembly of facts, center -point, one-stop service of an aggressive EDC is the one essential element that industry depends upon during its decisions to invest or stay in Corpus Christi. In our experience, investment does not materialize without these EDC services. To have been in the center of this development and retention during its last five years, indicates an EDC performance that is essential. Conduct of this Analysis Impact DataSource completed this analysis. Impact DataSource is 21 -year-old Austin, Texas economic consulting, research and analysis firm. The firm has conducted economic impact analyses of numerous projects and activities in Texas and 39 other states In addition, the firm has developed economic impact analysis computer programs for several clients, including the New Mexico Economic Development Department. The firm's principal, Jerry Walker, performed this analysis. He is an economist and has Bachelor of Science and Master of Business Administration degrees in accounting and economics from Nicholls State University, Thibodaux, Louisiana. AGENDA MEMORANDUM Briefing for the City Council Meeting of November 10, 2015 DATE: TO: October 20, 2015 Ronald L. Olson, City Manager FROM: Susan K. Thorpe, Assistant City Manager sthorpe@cctexas.com 826-3898 Housing Workshop #4 — City Staff Presentation for Council Discussion and Direction CAPTION: Housing Workshop #4 — City Staff Presentation for Council Discussion and Direction PURPOSE: To hear Housing Workshop #4 presented by: Susan Thorpe, Assistant City Manager Gus Gonzalez, Assistant City Manager Eddie Ortega, Housing & Community Development Director BACKGROUND AND FINDINGS: The Policy Framework for Housing policy includes these Council Workshops: ✓ 1. Federal and Local Resources for Housing (held Nov 19, 2013) ✓ 2. Affordable Housing — Where are we? (held Feb 18, 2014) ✓ 3. Discussion about Current Housing Policy and Use of Federal and Local Funds (held July 15, 2014) 4 4. Proposal for New Will Housing Program, Council Discussion and Direction — today, Oct 27, 2015 5. Council Action: Adoption of Policy — future step based on October 27 discussion Today's presentation will include: 1. Brief Recap of Previous Workshops, since it has been some time and we have new councilmembers since the previous workshops were presented. 2. Discussion of City Tools and Policy Options to Influence Housing 3. Proposed Infill Housing Incentive Program, and the Type A Pilot Program that is aligned with this proposed program 4. Council Discussion and Direction on the Proposed Infill Housing Incentive Program we will be presenting Oct. 27. 5. Next Steps 1 1. Brief Recap of Previous Workshops: Workshop #1 included a description of the federal and local funds the City uses for housing programs. These include HOME, CDBG and Type A funds. In Workshop #2, we learned about the supply of housing in Corpus Christi. One of the best gauges of whether a housing market is balanced is the Months of Inventory. This measurement shows the relationship between active listings (supply) and closed sales (demand), and essentially tells us how long it would take for the current inventory of listings to sell at the current sales rate. Six months of inventory is generally considered a balanced market, meaning a balance between supply and demand. Below six months moves towards a seller's market and over six months a buyer's market. A market close to equilibrium is good for buyers and sellers, bringing longer-term sustainable growth Data from the Corpus Christi Association of Realtors shows that as of the end of calendar year 2013, the entire MLS is at 5.2 months of supply. It also showed that in the range of housing prices from $0 to $150,000 the supply is at 1.4 months. What we would call "Affordable" price range in Corpus Christi. The supply is well below the demand for housing in this range. Findings from Workshop #2 were that: • Current shortage in Housing Supply at $150,000 or less (1.4 months of supply) — 6 months of supply is a health market position • Multi Family property occupancies > 95% • Demand for housing of all types continues to increase, due to several factors Workshop #3 included Focus Areas for City staff for housing policy and programs, based on Council Discussion: • Vacant • Substandard • Infill/Revitalization of existing, older neighborhoods • Downtown 2. Discussion of City Tools and Policy Options to Influence Housing Council and Staff discussed the following ideas, tools, and policy options for incentivizing and encouraging more housing in the focus areas identified above: • Waive Development Fees, or Reimburse upon Certificate of Occupancy • Modify development fee schedule based on value not square footage • Offer Tax Increment Financing (TIFs), Tax Abatement for Multi -Family in downtown • Give Type A grant to developers for market rate housing with certain number of affordable units • Sale of City owned and/or tax foreclosed vacant lots at discounted price, or free with a reversion clause 120 days (no specialization) • City provide infill infrastructure repairs needed, and utility connections • City provide or reimburse cost of security during construction • Create policy for granting historical landmark tax abatements • Set aside funds (not Type A/HUD restricted) for these purposes Based on this discussion, Short Term Recommendations were to: 1. Adopt a City Housing Policy a. Identify target area(s) b. Develop incentive and fee waiver program 2. Identify and market any City -owned lots 2 3. Refocus Type A Funds to redevelop City -owned lots with community partners 4. Identify "seed money" not tied to Federal restrictions to incentivize housing that is affordable Longer Term Recommendations were to: 1. Partner with Housing Authority to rehabilitate and/or build affordable housing, workforce housing and reasonably priced rental units 2. Housing Authority to own and manage 3. Improve Public Infrastructure in target areas, by aligning Capital Improvement Program 3. Current and Proposed Will Housing Incentive Programs Current Housing Programs (must meet HUD guidelines) Housing & Community Development (HCD) Loans Programs • Rehabilitation Loan Program • Demolition and Reconstruction Loan Program Grants Programs • Minor Home Repair Grants Homebuyer Programs • $5,000 Home Down payment Program TYPE A Loans Program • Home Buyer Assistance up to $10,000 ** New Pilot Program - On Sept 21 the Type A board approved this pilot** • Home construction pilot project $100,000 • similar to existing Demolition/Reconstruction Program in HCD (listed above) Proposed Programs — Not restricted by HUD guidelines: The purpose of the proposed Infill Housing Incentive Program is: Flexibility • Less External Regulation, Quicker Turnaround • Tailored to Our Community Value • Add to affordable housing stock • Demonstrate market viability • Mitigate Risk Mitigate Challenges (Builder's Risks) • No comparable sales for appraisal in these infill areas • Increasing bidding costs • Unsophisticated buyer The City currently owns six lots that are within the CDBG boundaries that the City Council previously directed to be sold. The Staff is proposing that these residential properties would be a good source of lots for the infill incentive program. One of those lots, on 2034 Mary Street, is being proposed for the Type A pilot program for the construction of one single family home. Based on the previous three workshops, City staff analyzed the current programs and potential 3 other programs that could be established to increase housing in infill areas. As a result of this analysis, City Staff is presenting a proposed infill housing incentive program and the Type A pilot program, for Council discussion, feedback, and direction. This program is outlined below. Proposed Corpus Christi Infill Housing Incentive Program Purpose: To develop an incentive program that promotes and encourages new home construction in existing CDBG neighborhoods through the use of City owned vacant properties and tax foreclosed vacant properties acquired by the City. This would include: • Infill lots within CDBG boundaries (see map) • Provides incentives and fee waivers • Sale of City -owned lots and tax foreclosed lots once City can take possession Benefits: • Utilizes abandoned and/or nonconforming vacant property • Once established, properties are completely self-sufficient • Helps fulfill housing needs, home ownership • Revitalizes existing neighborhoods • Adds to the assessed value rolls, increasing future City property tax revenue • Improves maintenance of properties and potentially reduces crime • Reduces Code Enforcement abatement expense Program Guidelines: • Vacant properties must be within the City's CDBG boundaries. • Properties will be made available to builders through a competitive bid process with a defined minimum bid. • Minimum building specifications to be included. • Must be single family home with finished floor plan of 900 to 1300 square feet. • Home construction must begin within 120 days of sale. • Home construction must be completed within 6 months. • Subject to all permit requirements • Sales price $90,000 - $150,000 • Finished home must be owner occupied. • Builder must demonstrate experience to complete the project in a professional manner and to a standard appropriate for the community. • Builder must demonstrate financial capability. • Builder must enter into an agreement with City accepting all program requirements and City rules and regulations. • Build according to City of Corpus Christi UDC requirements • Offer a limited builder's warranty to the homeowner acceptable to the City of Corpus Christi and compliant with State and Federal regulations. Program Incentives: • Waiver or reimbursement of fees which include building permit, platting and inspection fees. • Waiver or reimbursement of Water, Wastewater and Gas tap fees. • Rebate of City sales taxes paid on construction materials not to exceed $500 • Provide up to two roll -off containers at City's actual cost during construction 4 4. Council Discussion and Direction on the Proposed Infill Housing Incentive Program Based on this information and the presentation planned for the October 27 workshop, City staff would like to get the City Council's discussion, feedback and consensus direction on these two programs ➢ Proposed Infill Housing Incentive Program (IHIP) > Type A Infill Pilot Program 5. Next Steps The next steps for staff from City Council direction and feedback are to: 1. Bring forward to City Council for discussion and adoption: • Infill Housing Incentive Program (IHIP) • Type A Pilot Program 2. Implement Both Infill Housing Incentive Program and Type A Pilot Program: • Prepare bid documents within program guidelines and list of available City -owned Tots, with minimum bid • Evaluate bids and award each lot separately. 3. Provide periodic progress reports to City Council with results and recommendations ALTERNATIVES: OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: • Plan CC 2035 Element 4 — Housing and Neighborhoods: High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. • City Council 3rd Priority - Downtown Revitalization, Including Well Designed, Tailored Incentives, Homeless & Housing Policies, Incentive Options for Mixed Use Development Such as TIF Gap Financing, & Improved Lighting & Safety EMERGENCY / NON -EMERGENCY: Non -emergency item. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable 5 Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) Comments: RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Presentation — Housing Workshop #4 Program Guide - Infill Housing Incentive Program (IHIP) Type A 9.21.15 — Agenda Memo Infill Pilot Program Type A 9.21.15 — Infill Housing Pilot Program Guidelines Type A 9.21.15 — Minuets 6 City of Corpus Christi Housing Workshop #4 Council Presentation, November 10, 2015 Susan K. Thorpe, Assistant City Manager Gustavo Gonzalez P.E., Assistant City Manager Eddie Ortega, Housing & Community Development Director Policy Framework Council Workshops: ✓ 1. Federal and Local Resources for Housing ✓ 2. Affordable Housing — Where are We? ✓ 3. Discussion about Current Housing Policy and Use of Federal and Local Funds - 4. Proposal for New Infill Housing Program, Council Discussion and Direction 5. Council Action: Adoption of Policy and Program Housing Workshop #4 - Today's Agenda 1. Brief Recap of Previous Workshops 2. City Tools and Policy Options to Influence Housing 3. Proposed Infill Housing Incentive Program 4. Council Discussion and Direction 5. Next Steps 1. Recap of Previous Workshops # Months Supply of Housing, Below $100,000 - 2009 thru 2015 4.5 4 Sept 2015 3.5 1.7 Months 3 2.5 2 1.5 Source: 1 Corpus 0.5 Christi 0 al Ql CT) 0 O 0 e -I N N N M M M • d' Lf1 111 U1 Association - >- Q 6 r Q 6 Q= ( Q 6 Q ct o v of Realtors 1. Recap of Previous Workshops Focus Areas Based on Council Discussion: • Vacant • Substandard • Infill/Revitalization of Existing, Older Neighborhoods • Downtown 4",) 2. City Tools to Influence Housing '`41*".' City Tools — Including Council Ideas and Discussion: • Waive or Reimburse Development Fees • Tax Increment Reinvestment Zones (TIRZs), Tax Abatement • Type A Grant for Market Rate Housing with Certain # of Affordable Units • Sale of City Owned and/or Tax Foreclosed Vacant Lots • City Provide Infill Infrastructure • Historical Landmark Tax Abatements • Set Aside Funds (not Type A/HUD Restricted) For These Purposes 2. Policy Options to Influence Housing Short Term: • Adopt a City Housing Policy • Identify Target Area(s) • Develop Incentive and Fee Waiver Program • Identify and Market any City -Owned Lots • Refocus Type A Funds to Redevelop City -Owned Lots With Community Partners • Identify "Seed Money" Not Tied to Federal Restrictions to Incentivize Housing that is Affordable 2. Policy Options to Influence Housing Longer Term: • Partner with Housing Authority to Rehabilitate and/or Build Affordable Housing, Workforce Housing and Reasonably Priced Rental Units • Housing Authority to Own and Manage • Improve Public Infrastructure in Target Areas, by Aligning Capital Improvement Program • Facilitate Creation of Community Development Corporations 3. Current & Proposed Housing Programs Current Housing Programs (must meet HUD guidelines) Housing & Community TYPE A Development (HCD) Loans Programs ■ Rehabilitation Loan Program ■ Demolition and Reconstruction Loan Program Grants Programs ■ Minor Home Repair Grants Homebuyer Programs ■ $5,000 Home Down Payment Program Loans Program ■ Home Buyer Assistance up to $10,000 ** New Pilot Program ** ■ Home Construction Pilot Project $100,000 ■ Similar to Existing Demolition/Reconstruction Program in HCD 3. Current & Proposed Housing Programs s4\6 Proposed Corpus Christi Housing Infill Program Flexibility ■ Less External Regulation, Quicker Turnaround ■ Tailored to Our Community Value ■ Add to Affordable Housing Stock ■ Demonstrate Market Viability ■ Mitigate Risk 3. Proposed Housing Pilot - Type A Type A Pilot Program • The Type A Board Approved the HCD Request for Funding to Construct a Small Home within CDBG Boundaries • Construction Contract Would be Advertised for Bid • Sold to Buyer Who Qualifies Under HUD Guidelines • Sale Price Would Include the Bid Price Plus Nominal Costs for Land and Fees • Potential for Homebuyer Assistance 3. Proposed City Infill Housing Incentive Program Purpose: To Develop an Incentive Program that Promotes and Encourages New Home Construction in Existing CDBG Neighborhoods Through The Use of City and or Privately Owned Vacant Properties. 3. Proposed City Infill Housing Incentive Program Overview • Applies to All Single Family Infill Lots Within CDBG Boundaries • Provides Incentives and Fee Waivers to All Owners. • Sale of City -Owned Lots Through a Bid Process 13 3. Map of City owned Vacant Lots for Proposed Infill Housing Incentive Program 1914 Lipan Street Corpus • 502 18th Street \X:508 18th Street 2034 Mary Street 7,1 t�pun� M.ar. 14 3. Proposed City Infill Housing Incentive Program Benefits: • Utilizes Abandoned, and/or Nonconforming Vacant Property • Helps Fulfill Housing Needs • Revitalizes Neighborhoods • Increases Future City Property Tax Revenue • Reduces Code Enforcement Abatement Expense 3. Proposed City Infill Housing Incentive Program Program Guidelines: • Vacant Properties Within The City's CDBG Boundaries (Beginning With City Owned Lots) • Competitive Bid Process; Meet Minimum Building Specifications • Builder Experience and Financial Capability • Build According to City of Corpus Christi Unified Development Code • Single Family Home — 900 to 1300 Square Feet • Construction Must Begin Within 120 Days of Sale; Completed Within 6 Months • Sales Price Subject to Market Rates (Estimate of $80,000 - $100,000) 16 3. Proposed City Infill Housing Incentive Program Program Incentives: • Waiver or Reimbursement of Development Fees • Waiver or Reimbursement of Water, Wastewater and Gas Tap Fees • Rebate City Sales Taxes Paid on Construction Materials. • City Provide Up to Two Roll -Off Containers at Actual Cost During Construction 17 4. Council Discussion and Direction >Proposed City Infill Housing Incentive Program (IHIP) >Proposed Type A Pilot Program (HUD Restrictions) 18 5. Next Steps 1. Bring Forward to City Council for Discussion and Adoption: • City Infill Housing Incentive Program (IHIP) • Type A Pilot Program 2. Implement Both Infill Housing Incentive Program and Type A Pilot Program: • Prepare Bid Documents Within Program Guidelines and List of Available City -Owned Lots, With Minimum Bid • Evaluate Bids and Award Each Lot Separately. 3. Provide Periodic Progress Reports to City Council With Results and Recommendations Housing Workshop #4 Thank You Extra: City owned Lot for Type A Proposed Pilot Program - Mary Street (orange) Marguen:L-e Mary Sl Morris St Coleman Ave wt Fiesta Mexicana ger Coastal Convenience Store Marguerite St Mary 5t Homstsys Sea Food And Moe lanes Fumitma Sales 502 18th Street (_) �1c:t tr.S St Mattress Firm r v, 1 • 508 18th Street v..,„y s. • 2034 Mary Street (Proposed Property for TYPE A Pilot Program) Antonia & EduCat Garcda Arts an Center Coleman Ave Morris St Morns 51 St Joseph's dl CatialitChutch Coleman Ave 65 t R ,- In In 4 Coleman Ave Mary st Morris St 21 Extra: 1. Recap of Previous Workshops Updated - # Months Supply of Housing, All Prices - 2009 thru 2015 14 12 10 8 4 2 0 01 0 co 1 1 1 II 1 Cl Ql 0 0 0 a-1 .-1 0 0 ' ' a—I 1-1 >- O_ C T O C A rO v (0 v co co Sept 2015 5.2 Months Source: Corpus 1111111111111 Lil Christi c -i N N N M Cr) Cr) ▪ , Cr _, ▪ Vl , Q T Q A Q C T Q C T Q N ; c° N; 2 v); 2 N; 2 v) Association of Realtors 22 Extra: 1. Recap of Previous Workshops Findings: • Shortage as of September 2015 in Housing Supply at $150,000 or less - 1.4 months supply • Multi Family Property Occupancies > 95% • Demand for Housing of All Types Continues to Increase, Due to Several Factors 23 Extra: 3. Proposed City Infill Housing Incentive Program - Alignment with other Policies • Plan CC 2035 Element 4 — Housing and Neighborhoods: High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. • City Council 3rd Priority - Downtown Revitalization, Including Well Designed, Tailored Incentives, Homeless & Housing Policies, Incentive Options for Mixed Use Development Such as TIF Gap Financing, & Improved Lighting & Safety 24 Extra: Infill Housing Incentives Value of Waiving or Reimbursing Fees: Single Family Infill/Redevelopment (Building Permit Fees, Plan review, pro -rata and taps) Total Fees for $80,000 home $1,552 Total Fees for $100,000 home $1,682 Excludes public infrastructure, excludes plat or change in zoning if needed 25 Extra: Inventory - Below $100,000 400 350 300 250 200 150 100 50 0 Inventory of Homes, Below $100,000 - 2009 thru 2015 Sept 2015 118 homes Source: Corpus Christi QlOl O O O i -i rl %-1N N N CO M M d' LC) LI) ill Association T Sc:? -)C ? 6- C ? Q C T 6- C ( Q C ? 6- C ? Q v v �° v v v v of Realtors 26 Extra: Closed Sales -Below $100,000 1400 1200 1000 800 600 400 200 0 # Closed Sales, Below $100,000 - 2009 thru 2015 Sept 2015 788 closed sales Source: Corpus Christi Ol(7)Ol O O O r -i ,--i r -i N N N M M M d' U'1 Li') is) Association C T T Q C T Q C T Q C T Q C T Q C T Q rt 03 CU CU CU CU CD V of Realtors 27 Extra: Price per sq ft -Below $100,000 70 60 50 40 30 20 10 0 Price per Square Foot, Below $100,000 - 2009 thru 2015 Crt O (13 Sept 2015 $61 per square foot Source: Corpus Christi Ol 01 O O Orl ci r-1 N N M M M ▪ Lf) Ln LI) Association - I-1 - e-1 ri 1-▪ 1 <-1 J- !? C °?' 6 °?' 6 >- Q 6 Q 6 (- ? 6 A 6_ v Q of Realtors 28 Extra: Price per sq ft -Below $150,000 Price per Square Foot, Below $150,000 - 2009 thru 2015 90 80 70 Sept 2015 60 $84 per 50 square foot 40 30 Source: 20 Corpus 10 — Christi ° -Ol Cr) Ol O O O .-i N N N m M M ▪ Vl l!1 L-) Association T Q C T Q C T Q Q C T Q C - T Q C T Q co v °' °' r v r v °'rD °' of Realtors Extra: Months Supply of Housing $150,000 and Below Updated - # Months Supply of Housing $0 - $150,000 Price - 2009 thru 2015 4 3.5 3 2.5 2 1.5 1 Source: 0.5 Christi Sept 2015 1.4 Months Corpus ° Ql al Ol 0 O 0 .-1 r-1 c-1 Ni N N m m m L.fl Ln Ln Association . _, . ,, `° v r (0 v (0 (0 v (0 (0 v @ (0 v (0 (0 v (0 (0 v of Realtors v) , , , , 30 Extra: Months Supply of Housing - All Prices Updated - # Months Supply of Housing, All Prices - 2009 thru 2015 14 12 10 8 4 2 0 01 co Sept 2015 5.2 Months Source: Corpus 1 0 0 N N N m m m �, �, Christi o Q 6 _ t>- o > O. c Q (1 Q C• Q N N N N Association of Realtors 31 Extra: Development Costs $80,000 $100,000 Home Home Fees Plan Review Fee $ 104 $ 130 Permit Fee $ 416 $ 520 Water Tap (Pre Tapped or Existing Tap) $ 444 $ 444 Waste Water Tap (Pre Tapped or Existing Tap) $ 388 $ 388 Gas Tap, if Required $ 200 $ 200 Total $ 1,552 $ 1,682 Extra: Proposed City Infill Housing Incentive Program - CDBG Boundaries 33 • Extra: Tax Increment Reinvestment Zone #3 Boundaries a) E0 z 0 13.1 N oCt 0 5Pa l"c°1 Extra: TIRZ #3 Incentives Two of Four Incentive Programs are for Downtown Housing: Downtown Living Initiative • $10,000 Rebate per Multi -family Unit • At Least 10 Unit Development • Available for 100 Units, Annually Project Specific Development Agreement • 75% of 10 Year Tax Reimbursement Grant • Residential Developments over 100 Units ($10,000 per Unit) • Availability Based on Project Cost 35 City of Corpus Christi Infill Housing Incentive Program (I H I P) Table of Contents Table of Contents 1 1. Purpose 2 2. Benefits 2 3. General Guidelines 2 4. Incentives 3 5. Scope 3 6. References 3 7. Definitions 3 8. Department Responsibilities 4 9. Procedures 5 10. Applicability of Sale by Bid 6 11. Private Lot Eligibility 7 12. Infill Housing Incentive Program Resolution 7 Infill Housing Incentive Policy and Program Page 1 Updated Draft 10-20-15 City of Corpus Christi Infill Housing Incentive Program (IHIP) 1. Purpose To develop an incentive program that promotes and encourages new home construction in existing CDBG neighborhoods through the use of City owned vacant properties and tax foreclosed vacant properties acquired by the City. This program identifies targeted areas where the existing street and utility infrastructure can be leveraged to promote the development of single-family residential units. This would include: • Infill lots within CDBG boundaries • Provides incentives and fee waivers • Sale of City -owned lots and tax foreclosed lots once City can take possession 2. Benefits • Utilizes abandoned and/or nonconforming vacant property • Once established, properties are completely self-sufficient • Helps fulfill housing needs, home ownership • Revitalizes existing neighborhoods • Adds to the assessed value rolls, increasing future City property tax revenue • Improves maintenance of properties and potentially reduces crime • Reduces Code Enforcement abatement expense 3. General Guidelines • Vacant properties must be within the City's CDBG boundaries. • Properties will be made available to builders through a competitive bid process with a defined minimum bid. • Minimum building specifications to be included. • Must be single family home with finished floor plan of 900 to 1300 square feet. • Home construction must begin within 120 days of sale. • Home construction must be completed within 6 months. • Subject to all permit requirements • Sales price $90,000 - $150,000 • Finished home must be owner occupied. • Builder must demonstrate experience to complete the project in a professional manner and to a standard appropriate for the community. • Builder must demonstrate financial capability. • Builder must enter into an agreement with City accepting all program requirements and City rules and regulations. Infill Housing Incentive Policy and Program Page 2 • Build according to City of Corpus Christi UDC requirements • Offer a limited builder's warranty to the homeowner acceptable to the City of Corpus Christi and compliant with State and Federal regulations. 4. Incentives • Waiver or reimbursement of fees which include building permit, platting and inspection fees. • Waiver or reimbursement of Water, Wastewater and Gas tap fees. • Rebate of City sales taxes paid on construction materials not to exceed $500 • Provide up to two roll -off containers at City's actual cost during construction 5. Scope a. This Program outlines procedures for acquisition and sale of City owned parcels for construction of single-family residential homes within the Community Development Block Grant (CDBG) boundaries of the city. b. This Program lists City incentives for development within the targeted areas. c. This Program will be managed by the Housing and Community Development Department with assistance from the Real Estate Division of Engineering and Development Services Department. 6. References a. Tax Code Sec 34.051 Resale by taxing unit for the purpose of urban development. b. Local Government Code 272.001 Notice of sale or exchange of land by political subdivision. 7. Definitions Term: Infill Lots Definition: Residential lots within the inner city owned by the City and acquired through foreclosure or donation. Term: Housing Definition: Housing costs that fall for income and persons residing with the home. Subject to those properties that fall within the CDBG boundaries as part of Appendix C and part of this policy. Term: Corpus Christi Community Improvement Corporation. (CCCIC). Definition: A nonprofit corporation organized on behalf of the City that is responsible for community development through federal and state funding. Infill Housing Incentive Policy and Program Page 3 Term: Nueces County Trust Definition: Properties not sold through Sheriff's sale are transferred to the Nueces County Trust. These properties are eligible for transfer to any of the taxing agencies by request. 8. Department Responsibilities a Executive/Management is responsible to: 1) Establish program objectives and develop implementation procedures. 2) Report to City Council the results of the program on at least an annual basis. b Housing and Community Development (HCD) Department Director is responsible to: 1) Manage the overall program to meet housing needs of the community. 2) Manage and update the Infill Housing Incentive Program policies and procedures, and present a briefing to the City Council at least annually. 3) Coordinate with the legal firm managing foreclosed properties. Department makes critical determination if the City should purchase a particular lot at foreclosure auction or wait to see if the property has a no bid. 4) Process applications under the affordable housing guidelines. 5) Accept land with clear title donated to the City and prepare documentation for the transfer of land. 6) Reimburse Development Services for permitting, platting, zoning, etc from the proceeds of sale. 7) Update website information to include CDBG boundaries. 8) Ensure waiver of all permit fees to include platting, building, and zoning. 9) Ensure waiver of all water, wastewater, and gas tap fees. All utilities will be installed at City expense. 10)Ensure waiver of all inspection fees shall. 11)Department will establish a general fund account with approximately $20,000 with which to pay Development Services the amount of waived permits and fees. 12) Require contractors to apply for all related permits and inspections. 13) Ensure Development Services stamps the permit "Infill Housing" and expedites review and issuance of the permits. 14) Ensure the Gas department provides gas indoor plumbing incentive on case- by-case basis where gas service is available. c. City Legal Department is responsible to: 1) Prepare and review all documents to ensure compliance with Local Government Code, City ordinances, and the City Charter. Infill Housing Incentive Policy and Program Page 4 2) Review title commitments before accepting properties from the Nueces County Trust. 3) Review title commitments of all donated land before it is accepted into the Infill Housing Incentive Program (IHIP). 4) Make recommendations to the Real Estate Division and HCD for acquisition or transfer of properties. d. Real Estate Division of Engineering (Capital Programs) is responsible to: 1) Coordinate with outside attorney (Linebarger, Groggan, Blair & Sampson, LLP) managing Nueces County Trust tax foreclosures for the transfer of properties to the City. 2) Coordinate with Legal to review commitments on lots before acceptance. 3) Coordinate with HCD to clear liens and seek City Council approval for sale under the IHIP. 4) Prepare subdivision plat if needed for a minimum of 4,500 square foot lots. 5) Acquire adjacent lot(s) if needed or appropriate to complete a replat. 6) Prepare bid for the sale of lots individually or in packages, as appropriate. Multiple lots may be packaged based on appraised value and location. 7) Receive and open bids at a specified time and place. 8) Award bid based on best value and notify responsive bidders. 9) Prepare a subordination agreement for the lot to the builder for closing. 10)Set the minimum price of the lot in the bid. e. Engineering (also called Capital Programs) is responsible to: 1) Prepare plats for HCD for submittal to the Development Services Department. 9. Procedures Each month, Nueces County conducts a Sheriff's sale of tax -foreclosed property on the steps of the county courthouse. Parcels that do not sell are transferred to the Nueces County trust. Parcels in the trust can be requested by any taxing agency, however they must satisfy all liens a. The HCD Director will periodically contact the outside attorney (Linebarger,Goggan Blair & Sampson, LLP) managing the Nueces County Trust to determine which parcels and lots are available for transfer to the City of Corpus Christi . Before acquisition, lots that meet the criteria for development will be screened for title commitment to ensure they can receive clear title and there are no commitments. Considerations for lot acceptance shall include size, zoning changes needed, location, platting requirements, utility availability, tax lien Infill Housing Incentive Policy and Program Page 5 amounts, etc. For small lots, consideration may be given to acquire adjacent lot(s) and replat. b. HCD Property Advisors will make a physical inspection of the property and makes a recommendation for acquisition and acceptance. c. If HCD and Executive Management believe the lot is acceptable for construction under the Infill Housing Incentive Program, the Director will request in writing to the Nueces County Land Trust for the lots to be transferred to the City. d. Parcels acquired in this Program will be maintained by HCD. e. Real Estate Division will petition the other taxing agencies in accordance with tax code 35.051. f. HCD will prepare a resolution declaring surplus properties for Council action. Action shall include the waiving all liens assessed by the City. g. Real Estate Division will advertise the sale through a bid process. h. The land will be transferred through subordination agreement at closing and monies due the City will be deposited into department fund i. Proceeds from the sale of lots can be used to reimburse Development Services for development fees, permits and property maintenance. 10. Applicability of Sale by Bid a. The selected lots will be advertised and sold through a bid process with a minimum bid value. b. Bidders will be required to submit a $100 option contract for each lot for an option period not to exceed 120 days from the date of sale. c. Bidders may bid on one or more lots. d. Monies collected through the sale will be deposited in Fund to be used by the HCD department to pay Development Services permitting fees and lot maintenance prior to sale. e. Buyers will be required to start the construction on one lot before the end of the option period or the lot(s) will revert to the City for resale or for sale to the second highest bidder. f. Buyers can extend the option period with approval of the City Manager or his designee. g. City will convey the lot through a subordination agreement. Infill Housing Incentive Policy and Program Page 6 11. Private Lot Eligibility a. Any privately owned platted Tots that are developed for single-family housing would be eligible for development fee waivers as outlined in paragraph . b. Lots must be within CDBG boundaries. Application fee for the InfiII Housing Incentive Program shall be $100.00 12. Infill Housing Incentive Program Resolution a. Staff may recommend a repeal of the Infill Housing Incentive Program by Resolution when the goals for infill have been met, or for any other reason. Any changes to the Resolution and Program are subject to City Council approval. Infill Housing Incentive Policy and Program Page 7 AGENDA MEMORANDUM Corpus Christi Business and Job Development Board Meeting of September 21, 2015 DATE: September 08, 2015 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Ronald L. Olson, City Manager FROM: Eddie Ortega, Housing and Community Development Director Eddieo@cctexas.com 361-826-3234 Allocating $100,000 for Funding Infill Housing Pilot Program CAPTION: Motion to allocate $100,000 from the Available for Projects line item into an Infill Housing Pilot Program. PURPOSE: The Housing and Community Development Department (HCD) is requesting $100,000.00 from the Available for Projects line item in order to fund an Infill Housing Pilot Program. The proposed site for the construction of the affordable home will be located at 2034 Mary Street, which is currently owned by the City of Corpus Christi. The purpose of the program is to build an affordable home that will be made available for sale to a qualified buyer. It is the intention of HCD to create a revolving fund that will self -fund an Infill Housing Program for the future construction of affordable homes. BACKGROUND AND FINDINGS: On November 05, 2002, residents of the City of Corpus Christi passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2B Affordable Housing for up to $500,000 annually as long as there are projects for which the amount can be reasonably used. HCD through an Infill Housing Pilot Program would like to build a "spec" home that will be made available for sale on the open market to a "qualified buyer". ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: HCD has reviewed and supports this request FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 153,247 Encumbered / Expended Amount This item 100,000 BALANCE 53,247 Comments: N/A RECOMMENDATION: HCD staff recommends the funding of the Infill Housing Pilot Program at the requested amount of $100,000.00 LIST OF SUPPORTING DOCUMENTS: Infill Housing Pilot Program Guidelines Infill Housing Pilot Program Guidelines Infill Housing Pilot Program Guidelines September 2015 Corpus Christi Business and Job Development Corporation Program Guidelines Infill Housing Pilot Program Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing newly constructed affordable homes. II. General Program Description: The Infill Housing Pilot Program will build an affordable home within the City of Corpus Christi to be sold to a qualified homebuyer. The home to be built will be built on a City of Corpus Christi owned property, in order to reduce the cost of the home. The building of the home will be built through the City of Corpus Christi's procurement policies. Qualified homeowners will be eligible to receive assistance from the Type A funded Homebuyer Assistance Program in order to purchase a home through the Infill Housing Pilot Program. Proceeds of the sale of the home will be considered program income and will revert back into the Infill Housing Pilot Program for future funding. III. Housing Standards: The home to be built must meet all appropriate City of Corpus Christi Technical Construction Codes, including the Energy Code. The home will meet the required State Board of Insurance Windstorm Code, a certificate will be provided to the homeowner upon closing. The house cannot be located in a 100 year flood plain. Per 24 CFR Part 55: Properties located within the 100 year floodplain are vulnerable to a 100 -year flood, and a 1 percent chance of a flood occurring every year. A Certificate of Occupancy will be made available. The purchase price of the home will not exceed $142,850. IV. Homebuyer Eligibility: Prospective homebuyers shall meet the gross annual income limits adjusted for family size as determined by HUD (see Attachment A). The Housing and Community Development Department (HCD) will determine the applicant's anticipated annual gross income. Anticipated annual gross income is an estimation of future income a purchasing household expects to receive based upon their current and future monthly income annualized over a 12 month period. Some examples of future income are bonuses, pay raises, commissions, or over -time pay. Homebuyers must attend a HUD approved Homebuyer/Homeownership class to obtain a Homebuyer Education Certificate. The certificate cannot be older than one year from the date of issuance. If two or more persons are buying a home together, all must attend a class and provide a copy of the Homebuyer Education Certificate. The purchasing household size will be determined by HCD using HUD's definition of purchasing household. Purchasing household's includes all persons who will be occupying the home as their permanent residence. A member of a household is considered to be a permanent member of the household if they have been living as a member of the household for at least six months or more. 2 Homebuyer's cash on hand cannot exceed program limits. The homebuyer cannot have ownership in any other real estate property. V. Homebuyer Requirements: Prospective homebuyers interested in purchasing a home in the Infill Housing Pilot Program should contact the Housing and Community Department directly at (361) 826-3010, or in person at 1201 Leopard St. 2nd Floor, Corpus Christi, TX 78412 to schedule an appointment with a Loan Processor. A list of local lenders will be provided to the homebuyer. It is the responsibility of the homebuyer to obtain financing with a lender. Once pre -approved, the homebuyer will provide the following documents to the Housing and Community Development Department for the purchase of the home. ■ Loan Estimate Form- Effective October 3, 2015 ■ Pre -qualification letter from the Lender ■ Copy of escrow earnest money contract ■ Current government issued identification for all purchasing household members ■ Copy of Homebuyer Education Certificate (no older than one year) VI. Seller Requirements: The City of Corpus Christi will cover the following Seller closing costs: ■ Title Company Fee, approximately 1.0% of the sales price ■ Title Company Escrow Fee ■ Home Warranty ■ Title Company Documentation Prep ■ Title Company Recording Fee ■ Title Company Courier Fee ■ Tax Certificate ■ Guarantee to the State of Texas 3 ATTACHMENT A INCOME LIMITS (80% of MEDIAN INCOME) FAMILY SIZE 1 2 3 4 5 6 7 8 ANNUAL INCOME 31,200 35,650 40,100 44,550 48,150 51,700 55,250 58,850 Revised 3/09/2015* Income limits are established by HUD and are subject to change without notice 4 Corpus Christi Meeting Minutes Corpus Christi Business and Job Development Corporation 1201 Leopard Street Corpus Christi TX 78401 c=texas corn Monday, September 21, 2015 4:00 PM City Council Chambers A. President Bryan Gulley to call the meeting to order. President Gulley called the meeting to order at 4:02 p.m. B. CaII Roll President Gulley verified that a quorum of the Board was present to conduct the meeting. Present: 4 - President R. Bryan Gulley, Vice -President Debbie Lindsey -Opel, Secretary Gabriel Guerra and Chris Hamilton Absent: 1 - Bart Braselton C. MINUTES 1. Approval of Regular Meeting of August 17, 2015. A motion was made by Mr. Guerra, seconded by Ms. Opel, that the Minutes be approved. The motion carried by a unanimous vote. D. FINANCIAL REPORT 2. Financial Report as of July 31, 2015. President Gulley referred to Item 2. Director of Financial Services Constance Sanchez presented the sales tax report; cash flow statements; the commitment reports; and the pro forma for the economic development fund. Board members spoke regarding the tranfer to seawall capital improvement projects. E. CLOSED SESSION ITEMS: (NONE1 F. AGENDA ITEMS: (ITEMS 3-8) 3. Grant for Del Mar College Internship Program Motion to approve the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for an internship program to support small businesses in the amount of $217,223 from October 1, 2015 through December Corpus Christi Page 1 Printed on 10/14/2015 Corpus Christi Business and Job Development Corporation Meeting Minutes September 21, 2015 31, 2016. President Braselton referred to Item 3. Mike Culbertson, Corpus Christi Regional Economic Development Corporation (CCREDC), stated that the purpose of this item is to approve the small business incentive agreement with Del Mar College for an internship program in the amount of $217,223. The grant would run through the end of the semester to Decemember 31, 2016. The grant will match the wage provided by Del Mar College up to $5.00 per hour plus FICA. Ms. Opel made a motion to approve Item 3, seconded by Mr. Guerra and passed unanimously (Braselton - absent). 4. Grant for Service Corps of Retired Executives (SCORE) Chapter 221 Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant of up to $50,000 in FY16 to assist small businesses. President Gulley referred to Item 4. Mike Culbertson, CCREDC, stated that the purpose of this item is to approve a Type A Grant to SCORE to mentor small businesses through workshops and counseling. SCORE has assisted over 2,000 small businesses each year and has received funding since 2008. Mr. Guerra made a motion to approve Item 4, seconded by Mr. Hamilton and passed unanimously (Braselton - absent). 5. Grant for LiftFund Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. to provide a grant of up to $250,000 in FY16 for a loan Buy -down program. President Gulley referred to Item 5. Mike Culbertson, CCREDC, stated that the purpose of this item is to approve a small business incentives agreement with LiftFund, Inc. in the amount of $250,000 to assist small businesses with a loan interest buy -down program. Laura Lee Estrada, LiftFund, Inc., responded to questions regarding the program. Board members spoke regarding the following topics: the percentage of incentives tied to Corpus Christi; the criteria LiftFund is using for the Type A funding; and the buy -down interest rate. Mr. Guerra made a motion to approve Item 5, seconded by Ms. Opel and passed unanimously (Braselton - absent). 6. Grant for Del Mar College Procurement Technical Assistance Program (PTAC) Motion to Grant $37,500 for Del Mar College's Procurement Technical Assistance Center (PTAC) for Small Business Assistance. Corpus Christi Page 2 Printed on 10/14/2015 Corpus Christi Business and Job Development Corporation Meeting Minutes September 21, 2015 President Gulley referred to Item 7. Mike Culbertson, CCREDC, stated that the purpose of this item is to award a grant to Del Mar College Procurement Technical Assistance Center (PTAC) in the amount of $37,500 to provide assistance to small businesseswith the requirements to qualify and submit bids to all levels of government. Mr. Culbertson said PTAC has been funded since 2012 and has added 125 full-time employees. City Secretary Rebecca Huerta clarified that the action for this item is to approve a small business incentive agreement. Mr. Guerra made a motion to approve Item 7, seconded by Mr. Hamilton and passed unanimously (Braselton - absent). 7. Grant for Texas A&M University - Corpus Christi Internship Program Motion to approve the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi for an internship program to support small businesses in the amount of $238,635 from October 1, 2015 through December 31, 2016. President Braselton referred to Item 7. Mike Culbertson, CCREDC, stated that the purpose of this item is to approve a small business incentive agreement for Texas A & M University - Corpus Christi Internship Program. The agreement would run until December 31, 2016 at the end of the semester and the grant will match the minimum wage up to $5.00 per hour plus FICA. Mr. Guerra made a motion to approve Item 7, seconded by Mr. Hamilton and passed unanimously (Braselton - absent). 8. Allocating $100,000 for Funding Infill Housing Pilot Program Motion to allocate $100,000 from the Available for Projects line item into an Infill Housing Pilot Program. President Gulley referred to Item 8. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to request $100,000 from the Available for Projects line item in order to fund an Infill Housing Program. Board members spoke regarding the following topics: use of City -owned property; the ability to bring the property back on the tax base; incentives to make the project more viable; how the project would be bid; the available funding; funds from the sale of the home to be recaptured in the Type A program funds; use of other funding; whether there will be issues with selling the home; ensuring the comps for the area; the proposed square footage of the home and cost; consideration of an intern to assist with affordable housing; the location of the lot at 2034 Mary Street; the timeline for the program; the established plan for the program; whether builders would be bonded; and the cost of the new home. Ms. Opel made a motion to approve Item 8, seconded by Mr. Hamilton and passed unanimously (Braselton - absent). Corpus Christi Page 3 Printed on 10/14/2015 Corpus Christi Business and Job Meeting Minutes September 21, 2015 Development Corporation G. PRESENTATION ITEMS: (ITEMS 9-11) 9. Update - Capital Programs Monthly Project Report President Gulley referred to Item 9. Director of Capital Programs Jeff Edmonds presented the capital programs monthly projects update for the Salt Flats Levee Project, Barge Dock Project; the Miradores Project completion; McGee Beach Renourishment Project; and a potential project for the McGee Beach Breakwater Safety Improvements. Mr. Edmonds presented a list of the past uses of the seawall CIP funds. Board members spoke regarding the following topics: costs for the barge dock repairs and a detailed report on the findings; the potential area for the Breakwater Safety Improvements; the functions of the breakwater improvements; the ribbon cutting ceremony held for the Miradores Project; and the unencumbered seawall CIP funds. 10. Update - Type A Projects President Gulley referred to Item 10. Mike Culbertson, CCREDC, presented the small business programs and major business incentives quarterly report. 11. Update - Affordable Housing Programs President Gulley referred to Item 11. Director of Housing and Community Development Eddie Ortega presented the quarterly report for the affordable housing programs. H. EXECUTIVE DIRECTOR COMMENTS: None. I. PUBLIC COMMENT None. J. IDENTIFY FUTURE AGENDA ITEMS K. ADJOURNMENT President Gulley referred to Identifying future agenda items and announced that he would be absent from the October meeting. The following item was identified as a future agenda items: an update on the M&G Group major business incentive project; de -obligating funding from Conexia; and an amendment to the seawall fund for the capital funding transfer. The meeting was adjourned at 5:00 p.m. Corpus Christi Page 4 Printed on 10/14/2015 Corpus Christi Business and Job Development Corporation Meeting Minutes September 21, 2015 • Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant laws, and the Board of Directors may deliberate and vote upon any such subject and resolutions related thereto Any descriptions of property or amounts stated in this agenda are descriptive and not restrictive, and property and amounts may be changed in the motions actions or documents In addition to other items listed in this agenda, policies and procedures of this corporation. legal analysis of any items, policies or procedures, and any items that am currently receiving funding from this corporation may be discussed and deliberated and these matters are added as subjects of discussion to this meeting This agenda has been reviewed and approved by the attorney for the governing body. and the presence of any subject or description in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for this corporation rndreahng that said subject or description thereof may be legally discussed in a closed meeting. Corpus Christi Page 5 Printed on 10/14/2015