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HomeMy WebLinkAboutAgenda Packet City Council - 01/12/2016Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 12, 2016 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 Reverend Gloria Lear, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Andy Leal, Jr., Assistant Director of Street Maintenance, Street Department. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 16-0053 Proclamation declaring January 15, 2016, "Dr. Hector P. Garcia's 102nd Birthday Celebration". Proclamation declaring January 18, 2016, "Martin Luther King Holiday Celebration and Commemorative March". 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. Corpus Christi Page 1 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 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. 16-0055 Regular Meeting of December 15, 2015. Attachments: Minutes - December 15, 2015 I. BOARD & COMMITTEE APPOINTMENTS: 3. 16-0054 Airport Board Attachments: Airport Board 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 4 - 14) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Corpus Christi Page 2 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 4. 15-1276 Construction Contract for City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) Motion authorizing the City Manager or designee to execute a construction contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of $3,750,000 for the City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity for the total Base Bid with the option to extend the contract up to four (4) possible one-year renewals. Attachments: Agenda Memo - Citywide Pipebursting IDIQ Project Budget - Citywide Pipebursting IDIQ.xls Location Map - Citywide Pipebursting IDIQ Presentation - Citywide Pipebursting IDIQ 5. 15-1362 Professional Services Contract Extension for Mary Rhodes Pipeline Phase 2 Motion authorizing the City Manager or designee to extend construction management services by executing Amendment No. 14 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $513,767 for a total restated fee not to exceed $15,949,042 for Mary Rhodes Pipeline Phase 2. Attachments: Agenda Memo - Mary Rhodes Pipeline Phase 2 Project Budget - Mary Rhodes Pipeline.xlsx Location Map - Mary Rhodes Contract - Mary Rhodes Pipeline.pdf Presentation - Mary Rhodes Pipeline Phase 2 6. 15-1412 Engineering Design Contract Amendment No.1 for Rodd Field Road Expansion (BOND 2014, Proposition 2) Motion authorizing the City Manager, or designee, to proceed with design phase work by executing Amendment No. 1 to a contract for professional services with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $1,128,307.78 for a restated fee of $1,178,207.78 for the Rodd Field Road Expansion from Saratoga Boulevard to Yorktown Boulevard. (Bond 2014, Proposition 2) Attachments: Agenda Memo - Rodd Field Project Budget - Rodd Field Road Expansion Location Map - Rodd Field Road Expansion Contract - Rodd Field Road Expansion Presentation - Rodd Field Road Expansion 7. 15-1429 Resolution authorizing the City Manager or designee to proceed Corpus Christi Page 3 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 with the design and construction of Fire Station 18 Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers. Attachments: Agenda Memo - Fire Station 18 Resolution - Fire Station 18 10.20.15 8. 15-1363 Second Reading Ordinance - License Agreement for Youth Sports League at LyondellBasell Park (1st Reading 12/15/15) Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for South Texas Elite Youth Football League use of LyondellBasell Park on Haven Drive for youth football program with option to extend for two additional years. Attachments: Agenda Memo - LyondellBassel Park License Agmt Ordinance - LyondellBassell Park License Agreement Lease - LyondellBassell Park License Agmt 9. 15-1368 Second Reading Ordinance - Accepting and appropriating grant funds for Elderly Nutrition Program (ENP) (1st Reading 12/15/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $48,225 grant funding from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2015 Senior Community Services, Elderly Nutrition Program. Attachments: Agenda Memo - ENP FY15 Grant Award Ordinance - FY15 ENP Grant Award ENP - FY15 NFA 10. 15-1404 Second Reading Ordinance - Accepting and appropriating grant funds for the Elderly Nutrition Program (ENP) (1st Reading 12/15/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $635,079 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2016 Senior Community Services, Elderly Nutrition Program. Attachments: Agenda Memo - ENP FY16 Grant Planning Amount Notification Ordinance - ENP FY16 Grant Planning Amount Attachment - Planning budget for FY16 ENP ENP Signed Rate Agreements Corpus Christi Page 4 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 11. 15-1367 Second Reading Ordinance - Accepting and appropriating reimbursement grant funds for Title XX Meals on Wheels Program (1st Reading 12/15/15) Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2016 Senior Community Services, Title XX Meals on Wheels Program. Attachments: Agenda Memo - FY 16 Title XX Grant Appropriation Ordinance - FY16 Title XX Grant Contract - FY16 Title XX Grant 12. 15-1393 Second Reading Ordinance - Accepting and appropriating developer fees and interest earnings into the Community Enrichment fund for park improvements (1st Reading 12/15/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $872,005.99 in developer contributions and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects. Attachments: Agenda Memo - Comm Enrich fds appropr 2015 Ordinance - Comm Enrich Fund Schedule of Appropriations - Comm Enrich Appropriation to 093015 13. 15-1292 Second Reading Ordinance - Construction Contract and Professional Service Agreement Amendment No. 1 for Traffic Signal and Street Lighting Improvements Indefinite Delivery/Indefinite Quantity (IDIQ) (1st Reading 12/15/15) Ordinance appropriating $400,725.04 from the Unreserved Fund Balance in No. 1041 Street Fund for the Traffic Signal and Street Lighting Improvements IDIQ project; changing the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 by increasing expenditures by $400,725.04; authorizing the City Manager, or Designee, to execute a construction contract with Siemens Industry, Inc. of Austin, Texas in the amount of $721,485.80 for the initial year with the option of four one-year extensions that may be administratively approved; and authorizing the City Manager to proceed with the design of IDIQ delivery orders for the base year by executing Amendment No. 1 to a Professional Service Agreement with Maldonado -Burkett Intelligent Transportation Systems, LLP in the amount of $32,211.73 for a restated fee of $71,725.04 for the Traffic Signal and Street Lighting Improvements IDIQ project. Corpus Christi Page 5 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Attachments: Agenda Memo - IDIQ Traffic Signals.docx Ordinance - IDIQ Traffic Signals.docx Prosect Budget - IDIQ Traffic Signals Location Map - IDIQ Traffic Signals Contract - IDIQ Traffic Signals Presentation - IDIQ Traffic Signals 14. 15-1374 Second Reading Ordinance - Construction Contract and Construction Materials Testing Agreement for Ocean Drive from Buford Street to Louisiana Avenue (BOND 2012) (1st Reading 12/15/15) Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 by transferring $3,500,000 to the Ocean Drive from Buford to Louisiana Avenue project; increasing expenditures in the amount of $3,500,000; and authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $11,012,338.66 for the total base bid and to execute an agreement for construction material testing in the amount of $68,292.00 with Rock Engineering Testing Laboratory, Inc. for the Ocean Drive from Buford Street to Louisiana Avenue BOND 2012 street project. Attachments: Agenda Memo - Ocean Drive Ordinance - Ocean Drive Prosect Budget - Ocean Drive BOND 2012 - with formulas Location Map - Ocean Drive from Buford Street to Louisiana Avenue Bond 2012 Presentation - Ocean Drive BOND 2012 L. RECESS FOR CORPORATION MEETING: (ITEM 15) 15. 16-0058 Special Board Meeting of the Corpus Christi Housing Finance Corporation Attachments: Agenda Memo - CCHFC Board Meeting January 12 CCHFC Board Agenda CCHFC15-02 Minutes CCHFC Financial Report.pdf Contract - 540 N Chaparral final contract Ward Bldg 12-31-15 M. RECONVENE COUNCIL MEETING N. EXECUTIVE SESSIONS: (ITEMS 16 - 18) 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 Corpus Christi Page 6 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 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. 16. 16-0059 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association. 17. 16-0061 Executive Session pursuant to Texas Government Code § 551.076 concerning deployment or implementation of security personnel and/or devices related to City Hall and other City structures. 18. 16-0085 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning employment law related claims, City Charter provisions, potential discovery in personnel litigation, and other matters that impact the City position in ongoing or potential litigation, and pursuant to Texas Government Code § 551.074 (Personnel Matters) to discuss the appointment, employment, and duties of, and complaints concerning, public officers or employees, including, but not limited to, members of the City Council. O. PUBLIC HEARINGS: (ITEMS 19 - 24) 19. 15-1347 Public Hearing and First Reading Ordinance - Rezoning property located at 6425 King Trail (3/4 Vote Required) (Tabled on 12/8/15) Case No. 1015-02 Edward Gonzalez: A change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property is described as Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court. Planning Commission and Staff Recommendation (November 4, 2015): Approval of the change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Edward Gonzalez ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 2, The Coves at Lago Vista Corpus Christi Page 7 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Unit 3, from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Edward Gonzalez Ordinance - Edward Gonzalez Zoning Report - Edward Gonzalez Presentation - Edward Gonzalez 20. 16-0022 Public Hearing and First Reading Ordinance - Rezoning property located at 6201 and 6301 McArdle Road Case No. 1115-01 Charlie Thomas' Courtesy Ford, Inc.: A change of zoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2), resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property is described as a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive. Planning Commission and Staff Recommendation (December 2, 2015): Tract 1 - Denial of the change to "CN -1" Neighborhood Commercial District and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for vehicle parking associated with automobile sales and service, subject to a site plan and ten conditions. Tract 2 - Approval of the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("Owners"), by changing the UDC Zoning Map in reference to a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1) and to the "CG -2" General Commercial District (Tract 2); amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 8 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Attachments: Agenda Memo - 1115-01 Charlie Thomas' Courtesy Ford revised Ordinance (PC) - CG -2 and Special Permit - 1115-01 Charlie Thomas' Courtesy Ordinance - CG -2 and CN -1 - 1115-01 Charlie Thomas' Courtesy Ford Zoning Report - 1115-01 Charlie Thomas' Courtesy Ford, Inc. Aerial Map - 1115-01 Charlie Thomas' Courtesy Ford 21. 16-0023 Public Hearing and First Reading Ordinance - Rezoning property located at 6122 Kostoryz Road Case No. 1215-01 Venamex, LLC: A change of zoning from the "ON" Office District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property is described as Lot 1, Block 1, Bridges Mill Village Unit 1, located on the northeast corner of Kostoryz Road and Masterson Drive. Planning Commission and Staff Recommendation (December 2, 2015): Approval of a change from the "ON" Office District to the "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Venamex, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block 1, Bridges Mill Village Unit 1, from the "ON" Office District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 1215-01 Venamex, LLC Ordinance - 1215-01 Venamex, LLC Aerial Map - 1215-01 Venamex, LLC revised Zoning Report - 1215-01 Venamex, LLC 22. 16-0026 Public Hearing and First Reading Ordinance - Rezoning property located at 1010 Laredo Street Case No. 1215-02 LWW Enterprises, LLC: A change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property is described as Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), located on the north side of Laredo Street between South Staples Street and King Street. Planning Commission and Staff Recommendation (December 16, 2015): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District. Corpus Christi Page 9 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by LWW Enterprises, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 1215-02 LVWV Enterpries, LLC.docx Ordinance - 1215-02 LWVV Enterprises, LLC.pdf Aerial Map - 1215-02 LVWV Enterpries, LLC Zoning Report - 1215-02 LWW Enterprises, LLC.pdf 23. 16-0027 Public Hearing and First Reading Ordinance - Rezoning property located at 1642 Clare Drive (3/4 vote required) Case No. 1215-03 Roque Enriquez: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density residential to medium density residential uses. The property is described as being a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and, in lieu thereof, approval of a change to the "RS-TH" Townhouse District. Planning Commission Recommendation (December 16, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and denial of the staff recommendation of "RS-TH" Townhouse District. Ordinance (Staff Recommendation): Ordinance amending the Unified Development Code ("UDC"), upon application by Roque Enriquez ("Owner"), by changing the UDC Zoning Map in reference to a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RS-TH" Townhouse District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 10 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Attachments: Agenda Memo - 1215-03 Roque Enriquez Ordinance (Staff) - RS-TH 1215-03 Roque Enriquez Ordinance - RM -1 1215-03 Roque Enriquez Presentation - Aerial Map - 1215-03 Roque Enriquez Zoning Report - 1215-03 Roque Enriquez 24. 16-0028 Public Hearing and First Reading Ordinance - Rezoning property located at 5825 Up River Road Case No. 1215-04 John Dunn Walsh: A change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial uses to estate residential uses. The property is described as being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. Planning Commission and Staff Recommendation (December 16, 2015): Approval of the change of zoning from the "IH" Heavy Industrial District to "RE" Residential Estates District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Dunn Walsh ("Owner"), by changing the UDC Zoning Map in reference to a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, from the "IH" Heavy Industrial District to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 11 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Attachments: Agenda Memo - 1215-04 John Dunn Walsh Ordinance - 1215-04 John Dunn Walsh Aerial Map - 1215-04 John Dunn Walsh Zoning Report - 1215-04 John Dunn Walsh final P. REGULAR AGENDA: (ITEMS 25 - 27) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 25. 16-0043 Appointment of Police Chief Motion confirming the City Manager's appointment of Mike Markle as Police Chief. Attachments: Agenda Memo - Mike Markle Confirmation Resume - Mike Markle 26. 15-1396 Resolution approving the Affordable Housing - Type A Pilot Program Resolution approving the Affordable Housing - Type A Pilot Program which uses Type A funds for up front/interim construction costs for a qualified builder to construct a new affordable home for an income -qualified homebuyer. Attachments: Agenda Memo - Type A Pilot Program- Jan 12 2016 Council meeting DRAFT Resolution - Type A Pilot Program Jan 12 2016 Type A Pilot Program - updated 12-30-15 Clean Draft 27. 16-0069 Discussion and consideration of the process to fill a vacancy in the office of council member. Attachments: Agenda Memo - City Council Vacancy Process.pdf Sample Application Packet - City Council Vacancy Process.pdf Q. FIRST READING ORDINANCES: (ITEMS 28 - 36) 28. 15-1430 First Reading Ordinance - Accepting and appropriating grant funds for the Latchkey Afterschool Snack Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $153,645 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey Afterschool Snack Program. Corpus Christi Page 12 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Attachments: Agenda Memo - Afterschool Snack Program Grant FY2015-2016 Ordinance - Afterschool Snack Program Grant FY2015-2016 Afterschool Snack Program - Texas Dept. of Agriculture Grant Approval Status Afterschool Snack Program - Interlocal Agreement CCISD 2013 to 2018 29. 15-1433 First Reading Ordinance - Accepting and appropriating grant funds; transferring matching funds for the Retired Senior Volunteer Program (RSVP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. Attachments: Agenda Memo - RSVP Grant Funding and General Fund Match FY16 Ordinance - RSVP Grant Funding and General Fund Match FY16 RSVP Notice of Grant Funding FY2015-2016 30. 16-0019 First Reading Ordinance - Lease Agreement Renewal with Gulf Coast Gem and Mineral Society Ordinance authorizing the City Manager, or designee, to execute three-year lease agreement with Gulf Coast Gem and Mineral Society for the use of City property at 3933 Timon. Attachments: Agenda Memo - Gulf Coast Gem & Mineral Lease.docx Ordinance - Gulf Coast Gem and Mineral Society Lease2015 Lease - Gulf Coast Gem and Mineral Society2015Final 31. 16-0020 First Reading Ordinance - Accepting and appropriating State grant funds; transferring and appropriating matching funds for the Senior Companion Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 State grant awarded by the Corporation for National and Community Service for the Senior Companion Program; appropriating the $5,756 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants fund. Corpus Christi Page 13 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Attachments: Agenda Memo - SCP Grant Funding and General Fund Match FY16 Ordinance - SCP Grant Funding and General Fund Match FY16 State Award Letter FY15-16 32. 16-0017 First Reading Ordinance - Closing a utility easement located south of Park Road 22 and north of Whitecap Boulevard Ordinance abandoning and vacating a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision, located south of Park Road 22 and north of Whitecap Boulevard; and requiring the owner, Valtex Investments, LLC to comply with the specified conditions. Attachments: Agenda Memo - Easement Closure, Padrelsl, Blk 72, Lot 39A Ordinance - Easement Closure, Padrelsl, Blk 72, Lot 39A Map - Easement Closure, Padrelsl, Blk 72, Lot 39A 33. 16-0030 First Reading Ordinance - Approving Agreement and appropriating funds to reimburse developer for the construction of awater arterial transmission and grid main line located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with JCL Properties, ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $40,766.50 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - Lewis & Cook Addition, Block 1, Lot 1 Ordinance - Lewis & Cook Addition, Block 1, Lot 1 Presentation - Lewis & Cook Addition, Block 1, Lot 1 34. 15-1377 First Reading Ordinance - Commercial Land Lease Renewal Agreement Ordinance authorizing the City Manager, or designee, to execute a Commercial Land Lease Renewal Agreement with BBC Capital, Ltd., for a 1.068 -acre tract of land and a 0.20 -acre tract of City owned land for use in their recreational vehicle park called Puerto del Sol RV Park, located at the northern end of North Beach at 5100 Timon Boulevard, for the monthly fee of $572.00 per month for a second five year term beginning January 1, 2016 and ending December 31, 2020. Corpus Christi Page 14 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Attachments: Agenda Memo - Commercial Land Lease Ordinance - Commercial Land Lease Renewal Agreement - Commercial Land Lease.pdf Vicinity Map - Commercial Land Lease Location Map - Commercial Lease Commercial Land Lease - Commercial Land Lease Presentation Commercial Land Lease BBC Capital 35. 16-0015 First Reading Ordinance - Appropriating funds for an Engineering Design Contract for McGee Beach Breakwater Improvements Ordinance amending the FY 2016 Capital Improvement Progam budget adopted by Ordinance No. 030621 to add project No. E15219 McGee Beach Breakwater Improvements; increasing revenues and expenditures in the amount of $21,900; and authorizing the City Manager, or designee, to execute a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $19,900 to provide an updated concept assessment and opinion of probable construction cost for breakwater improvements at McGee Beach as recommended by the Corpus Christi Business and Job Development Corporation (Type A Board). Attachments: Agenda Memo - McGee Beach Breakwater Ordinance - McGee Beach Breakwater Prosect Budget - McGee Beach Breakwater.xlsx Location Map Contract - McGee Beach Breakwater.pdf Presentation - McGee Beach Breakwater.pptx 36. 16-0064 First Reading Ordinance - Amending City Code to prohibit solicitation in specific areas of the City Ordinance amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinance to prohibit solicitation in the Central Business District, North Beach and on private property without permission; prohibiting solicitation within 25 feet of an ATM, bank, public transportation stop or outdoor dining area; Providing for severance, publication, penalty; and an effective date. Attachments: Agenda memo - Panhandling Jan 12 2016 Ordinance - Panhandling -- Final NBCA petittion re Panhandling Ordinance Homeless Solutions Vison and Strategies - Final Adopted Aug 18 2015 Aerial Map of Area Location Map of Area Corpus Christi Page 15 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 R. FUTURE AGENDA ITEMS: (ITEMS 37 - 44) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 37. 16-0018 Lease Agreement for Clara Driscoll Field for a youth baseball program Motion to authorize the City Manager or designee to execute a Five-year Surface Lease Agreement with the Robert and Julia Driscoll and Robert Driscoll Jr. Foundation to lease 4.23 acres of land known as Clara Driscoll Field located at 4235 Baldwin Blvd. to be used for a youth baseball program. Attachments: Agenda Memo - Driscoll Foundation Agreement.docx Lease - Clara Driscoll Field Pol Ath League 38. 15-1287 Resolution for the acquisition of real property rights by eminent domain for the Island Gate Plaza Center Alternative Access Project Resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of a Right -of -Way and Temporary Construction Easement known as Parcel 3 for a street improvement project known as the Island Gate Plaza Center Alternative Access Project, Bond 2004; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the easement interests in the property owned by Kimco Corpus Christi L.P.; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation the parcel of land described herein by a single record vote of the City Council. Attachments: Agenda Memo - Island Gate Plaza Resolution - Island Gate Plaza Council Exhibit - Island Gate Plaza Presentation - Island Gate Plaza 39. 16-0016 Construction Contract for Corpus Christi International Airport (CCIA) Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Station numbers 12 and 14 for safety and site improvements Motion authorizing the City Manager, or designee, to execute a Corpus Christi Page 16 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $523,153 for the Corpus Christi International Airport (CCIA) Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Stations 12 & 14 Access Safety & Site Improvements for the Base Bid, with 90% of the contract funded by Federal Aviation Administration (FAA) grant. Attachments: Agenda Memo - CCIA Runway 18 MALSR Station 12 & 14 Safety Enhancemen Project Budget - CCIA Runway 18 MALSR Station 12 & 14 Safety Enhancemer Vicinity Map - CCIA MALSR Runway 18 MALSR Station 12 and 14 Safety Enha Location Map - CCIA MALSR Runway 18 MALSR Station 12 and 14 Safety Enh Presentation - CCIA Runway 18 MALSR Station 12 & 14 Safety Enhancement.r 40. 16-0031 Testing Agreement Amendment No. 1 to prepare the annual groundwater monitoring report required by the Texas Commission on Environmental Quality (TCEQ) at Cefe Valenzuela Municipal Landfill for FY 2015-2016 Motion authorizing the City Manager, or designee, to extend the timeframe of the agreement by executing Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers of Corpus Christi, Texas in the amount of $100,400.00 for a restated fee not to exceed $125,300 for the Groundwater Monitoring at Cefe Valenzuela Municipal Landfill for the fiscal year 2015-2016. Attachments: Agenda Memo - Groundwater Monitoring at Cefe Project Budget - Groundwater Monitoring at Cefe with formulas Location Map - Groundwater Monitoring at Cefe Valenzuela Landfill Presentation - Groundwater Monitoring at Cefe Valenzuela Landfill Amendment No 1 - Groundwater Monitoring at Cefe 41. 16-0032 Testing Agreement Amendment No. 1 to prepare the annual groundwater monitoring report required by the Texas Commission on Environmental Quality (TCEQ) at J.C. Elliott Municipal Landfill for fiscal year 2015-2016 Motion authorizing the City Manager, or designee, to extend the timeframe of an agreement by executing Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $94,810.00 for a restated fee of $117,900.00 for the Groundwater Monitoring at the J.C. Elliott Municipal Landfill for fiscal year 2015-2016. Corpus Christi Page 17 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Attachments: Agenda Memo - Groundwater Monitoring at Elliott Prosect Budget - Groundwater Monitoring at Elliott with formulas Location Map - Groundwater Monitoring at J C Elliott Presentation - Groundwater Monitoring at JC Elliott Landfill Amendment No 1 - Groundwater Monitoring at JC Elliott 42. 15-1408 Renewal of a Construction Contract and a Professional Services Contract for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016 with administrative renewal for Year Two Services Motion authorizing the City Manager or designee to execute Year One Renewals of a construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 and a professional services contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $84,480 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016; authorizing administrative renewals for Year Two Services in accordance with contract terms. Attachments: Agenda Memo - WW Srvc Line Repair Project Budget - WW Srvc Line Repair Location Map - WW Srvc Line Repair.pdf Presentation - WW Srvc Line Repair.pptx Contract - WW Srvc Line Repair 43. 16-0034 Professional Services Contract Amendment No. 1 for Wastewater Permit Assistance Project Motion authorizing the City Manager, or designee, to continue permitting and regulatory assistance by executing Amendment No. 1 with Alan Plummer Associates, Inc. of Austin, Texas in the amount of $178,000 for a total restated fee not to exceed $207,000 for Wastewater Permit Assistance for the base year with four one-year renewal options; authorizing administrative renewal for future years in accordance with contract terms. Attachments: Agenda Memo - WW Permit Assistance Project Budget - WW Permit Assistance.xls Location Map - WW Permit Assistance.pdf Contract - WW Permit Assistance.pdf Presentation - WW Permit Assistance.pptx 44. 16-0033 Professional Services Contract for Corpus Christi Water Supply Model Updates as required by the Texas Commission on Environmental Quality (TCEQ) Corpus Christi Page 18 Printed on 1/11/2016 City Council Meeting Agenda - Final January 12, 2016 Motion authorizing the City Manager or designee to execute a professional services contract with HDR Engineering, Inc. of Austin, Texas in the amount of $100,000 for the Corpus Christi Water Supply Model Updates. Attachments: Agenda Memo - Water Supply Model.docx Prosect Budget - Water Supply Model.xls Location Map - Water Supply Model.pdf Contract - Water Supply Model Updates.pdf Presentation - Water Supply Model.pptx S. BRIEFINGS: (ITEM 45) 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. 45. 16-0029 Overview of the National Flood Insurance Program, administered by FEMA, and basics of a Flood Insurance Rate Map Attachments: Agenda Memo - Floodplain Management 101 Presentation - Floodplain Management 101 T. 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. U. ADJOURNMENT Corpus Christi Page 19 Printed on 1/11/2016 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, December 15, 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. Mayor Martinez called for a moment of silence for former City Manager Bill Hennings who recently passed away. B. Invocation to be given by Pastor Rick Milby, Abundant Life Fellowship. Pastor Rick Milby gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Belinda Mercado - Director, Municipal Information Systems. Director of Municipal Information Systems Belinda Mercado 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 required Charter Officers were present to conduct the meeting. (Council Member Scott arrived at 11:46 a.m.) 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. Commendations for the "Alliance for a Healthier Generation Awards Recognition". Corpus Christi Page 1 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 Swearing-in Ceremony for Newly Appointed Board, Commission, and Committee Members Mayor Martinez presented the proclamation and conducted the swearing-in ceremony for newly appointed board and committee members. Mayor Martinez recognized her Chief of Staff, Kristina Leal, for her service and support while working for the City of Corpus Christi and wished her success in her future endeavors. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: b. OTHER Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Olson reported on the following topics: 1) The Police Chief selection process will take place on Friday, December 18, 2015 and Saturday, December 19, 2015. On Friday, a public reception will be held at the American Bank Center in the Watergarden Room from 5:30 p.m. to 7:30 p.m to meet the seven (7) candidates. Comment cards will be available for the public to comment and will be taken into consideration during the selection process. 2) The Human Resources Department was recognized by the Coastal Bend Society for Human Resource Management and received the 2015 Award for Excellence for the best learning and development strategy in regard to the City Champions Program. 3) City Manager Olson acknowledged Public Information Officer Michelle Villarreal Leschper who was recognized by Texas A&M University - Corpus Christi and the Young Business Professionals as a recipient of the Under 40 Award. 4) City Manager Olson informed the public that the new City Hall security measures will be implemented on December 21, 2015. a. CITY HALL SECURITY UPDATES - Senior Oficer Denise Pace, Corpus Christi City Manager Olson stated that there were no further details to report. The metal detector is on site and measures are being taking internally to educate the employees about parking. H. MINUTES: 2. Regular Meeting of December 8, 2015 Mayor Martinez deviated from the agenda and referred to approval of the minutes. City Secretary Rebecca Huerta informed the City Council that on page 3, regarding the board appointments to the Downtown Management District, the motion is incorrect and should reflect that Council Member Scott made the motion, seconded by Council Member Magill. Council Member McIntyre made a motion to amend the minutes, seconded by Council Member Magill and passed unanimously. A motion was made by Council Member Magill, seconded by Council Member McIntyre, that the Minutes be passed as amended. The motion carried by a unanimous vote. Corpus Christi Page 2 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 I. BOARD & COMMITTEE APPOINTMENTS: 3. Committee for Persons with Disabilities Corpus Christi Aquifer Storage and Recovery Conservation District Corpus Christi Regional Economic Development Corporation Marina Advisory Committee North Padre Island Development Corporation Parks and Recreation Advisory Committee Watershore and Beach Advisory Committee Mayor Martinez referred to board and committee appointments. The following appointments were made: Committee for Persons with Disabilities Council Member Magill made a motion to appoint Linda Lindsey, seconded by Council Member Garza and passed unanimously. Corpus Christi Aquifer Storage and Recovery Conservation District Council Member Magill made a motion to reappoint Gustavo Gonzalez and Dan McGinn, seconded by Council Member Scott and passed unanimously. Corpus Christi Regional Economic Development Corporation Council Member McIntyre made a motion to reappoint Jerry Dewbre and Toby Hammett Futrell, seconded by Council Member Scott. The motion failed with the following vote: Martinez, McIntyre, Riojas, and Scott, voting "Aye"; Rosas, Rubio, Vaughn, Garza, and Magill, voting "No". Council Member McIntyre made a motion to reappoint Toby Hammett Futrell, seconded by Council Member Magill and passed unanimously. Council Member Rubio nominated Larry R. Elizondo, Sr. Council Member Scott nominated Jerry Dewbre. Council members discussed the following topics: Larry R. Elizondo, Sr.'s change of address and that he now lives in District 3; and reappointment of members with good attendance and standing. (Note: After the discussion on Item 37, City Secretary Huerta clarified that the change of address provided by Mr. Elizondo was still located in District 5.) Larry R. Elizondo, Sr. was appointed with Council Members Rosas, Magill, Garza, Rubio, and Vaughn voting for Larry R. Elizondo, Sr. and Council Members Riojas, Martinez, Scott, and McIntyre voting for Jerry Dewbre. Marina Advisory Committee City Secretary Huerta announced that Council Member Magill was abstaining from this item. Corpus Christi Page 3 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 Council Member McIntyre made a motion to reappoint Mona Baen (Community At -Large), Curt Broomfield (Community At -Large), William McDowell (Engineer), and Hal Suter (Environmentalist), seconded by Council Scott and passed unanimously; Magill abstained. Council Member McIntyre made a motion to appoint Ronald S. Smith (Community At -Large), seconded by Council Member Rosas and passed unanimously; Magill abstained. North Padre Island Development Corporation Council Member McIntyre made a motion to reappoint Rudy Garza, Colleen McIntyre, Lillian Riojas, Brian Rosas, and Carolyn Vaughn, seconded by Council Member Rubio and passed unanimously. Park and Recreation Advisory Committee Council Member McIntyre made a motion to appoint Doug E. McBee, Jr., seconded by Council Member Garza and passed unanimously. Watershore and Beach Advisory Committee Council Member Magill made a motion to realign Joseph DePalma to Regular Member, seconded by Council Member McIntyre and passed unanimously. Council Member McIntyre made a motion to reappoint Jay Gardner (Regular Member), Paulette Kluge (CVB), Cameron Perry (Engineer), and Cliff Schlabach (Regular Member), seconded by Council Member Riojas and passed unanimously. Council Member McIntyre nominated Terry A. Palmer (Environmentalist). Council Member Magill nominated Mukesh Subedee (Environmentalist). Mukesh Subedee (Environmentalist) was appointed with Council Members Vaughn, Rubio, Martinez, Garza, Magill, Riojas and Rosas voting for Mukesh Subedee and Council Members McIntyre and Scott voting for Terry A. Palmer (Environmentalist). 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 deviated from the agenda and called for comments from the public. Steve Harrison, 118 Rossiter, spoke regarding the new Harbor Bridge and asked questions regarding how the complaint filed with the Federal Highway Administration's Office of Civil Rights could affect moving forward with the new bridge. Linda Gibeaut, 410 Southern, asked the City Council to consider providing additional funds to Animal Care Services during next year's Corpus Christi Page 4 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 budget process to fund live releases, additional enforcement officers, and education on spay/neutering. Stacy Palacios, 7313 Candy Ridge Road, stressed the importance of bringing more attention to animal welfare in the City and other factors to improve Animal Care Services. Jeanette Ross, 1504 Van Loan, spoke regarding public comments made by citizens at the December 8, 2015 regular Council meeting asking for support to grow, beautify, and prosper the North Beach area through the use of HOT funds. Ms. Ross requested that every area of the City, especially the north and west side, Solomon Coles, Booker T. Washington School, T.C. Ayers, Hillcrest, and North Staples and Winnebago streets be given the same consideration. Susie Luna Saldana, 4710 Hake!, spoke regarding the 5-4 split decision votes made by the City Council. Jack Gordy, 4118 Bray, spoke regarding information provided to the City Council regarding the removal of the palm trees on Airline Road. Walter Saganice, 3449 Picadilly Lane, spoke regarding the palm trees on Airline Road and shared his assessment of the conditions. Mr. Saganice stated the palm trees are a clear navigation hazard for all and tree removal and similar resurfacing would enhance the safety and efficiency of the area. Henry Flores, 4904 Tahoe Trail, Austin, Texas, spoke regarding Item 49, FY2016-2017 HOME Program Housing Tax Credit Amenities. Douglas Johnson, 610 Brock, spoke regarding the removal of Staples Street, from Brawner to Kostoryz, from Bond 2012 projects. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 26) 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 McIntyre, seconded by Council Member Magill, 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. Resolution authorizing a purchase of a Digital Information Management System Hardware and Storage Upgrade Resolution authorizing the City Manager, or designee, to purchase a Digital Information Management System Server and storage upgrade from Linear Systems, Rancho Cucamonga, California, for a total cost of $50,164. The final cost includes a $10,000 trade in credit for the existing outdated hardware. Funds are being used by the Police Grant Fund 1061 for the fiscal year 2016. This Resolution was passed on the Consent Agenda. Corpus Christi Page 5 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 5. 6. Enactment No: 030706 Resolution amending the Radio Communications System Interlocal Agreement to include the Nueces County Emergency Services District #3 as a participant Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #3 as a participant. This Resolution was passed on the Consent Agenda. Enactment No: 030707 Resolution amending the Radio Communications System Interlocal Agreement to include the Nueces County Emergency Services District #6 as a participant Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #6 as a participant. This Resolution was passed on the Consent Agenda. Enactment No: 030708 7. Lease -Purchase of Ambulances Motion approving the lease -purchase of two ambulances from Knapp, Chevrolet, of Houston, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $319,700.00. The ambulances will be used by the EMS Division of the Fire Department. These units are a replacement to the fleet. Funds for the lease purchase of the ambulances will be provided through the City's lease/financing program. This Motion was passed on the Consent Agenda. Enactment No: M2015-134 8. Resolution approving the appointment of Dr. William Burgin, Jr. as the Local Health Authority for the Public Health District Resolution approving the Director of the Corpus Christi Nueces County Public Health District's (CCNCPHD), appointment of Dr. William Burgin, Jr., to serve as the Local Health Authority for the Public Health District for a two year term beginning December 17, 2015 and ending Corpus Christi Page 6 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 December 17, 2017. This Resolution was passed on the Consent Agenda. Enactment No: 030709 9. Real Estate Brokerage Service for Sale of 14 Surplus Parks Motion authorizing the City Manager to execute a service agreement with The Clower Company, Inc., Corpus Christi, Texas for the sale of 14 surplus parks in accordance with Bid Event No. 64 at a commission interest rate of 4.5 percent. This Motion was passed on the Consent Agenda. Enactment No: M2015-135 10. Resolution for an Interlocal Agreement for Packery Channel Aids to Navigation Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M University - Corpus Christi regarding Aids to Navigation at Packery Channel in amount of $60,941. This Resolution was passed on the Consent Agenda. Enactment No: 030710 11. Construction Contract for Repair of City Hall Skylight and Associated Improvements 12. Motion authorizing the City manager or designee to execute a construction contract with Gourley Contracting, Corpus Christi, Texas in accordance with Bid Event No. 88 based on only bid for a total cost of $230,690.00 for the repair of City Hall Skylight and Associated Repairs. This Motion was passed on the Consent Agenda. Enactment No: M2015-136 Lease -Purchase of One Box Van and One Mobile Camera Inspection Unit Motion approving the lease -purchase of one box van and one mobile camera inspection unit from the following companies for the amounts below for a total cost of $170,322.62. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Government (H -GAC). Funding is available from the City's lease purchase financing contractor. Corpus Christi Page 7 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 Houston Freightliner Houston, TX Box Van $47,861.00 Green Equipment Company Manvel, TX Mobile camera inspection unit $122,461.62 Total Cost: $170,322.62 This Motion was passed on the Consent Agenda. Enactment No: M2015-137 13. Construction Contract for the Greenwood Wastewater Treatment Plant Flare Permit Metering 14. 15. Motion authorizing the City Manager or designee to execute a construction contract with Palacios Marine & Industrial Coating, Inc. of Palacios, Texas in the amount of $87,788.60 for the Greenwood Wastewater Treatment Plant Flare Permit Metering for the total Base Bid. This Motion was passed on the Consent Agenda. Enactment No: M2015-138 Amendments to two contracts for engineering design services within the City -Wide Wastewater Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program Motion authorizing the City Manager or designee to execute two contract amendments, Amendment No. 6 with LNV, Inc. of Corpus Christi, Texas in the amount of $129,275 for a total restated fee not to exceed $671,745, and Amendment No. 2 with Urban Engineering of Corpus Christi, Texas in the amount of $120,880 for a total restated fee not to exceed $362,640. These two contract amendments provide for engineering design services for the City's wastewater collection system. This Motion was passed on the Consent Agenda. Enactment No: M2015-139 Change Order No. 16 for the Runway 17-35 Extension/Displacement and Connecting Taxiway Project Motion authorizing the City Manager or designee to execute Change Order No. 16 with Bay, Ltd. of Corpus Christi, Texas in the amount of $270,000.00 for a total restated fee of $15,631,021.36 for the Corpus Christi International Airport Runway 17-35 Extension/Displacement and Connecting Taxiway project. Corpus Christi Page 8 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 This Motion was passed on the Consent Agenda. Enactment No: M2015-140 16. Resolution amending and reaffirming the City's Investment Policy and Strategies for FY2015-2016 17. 18. Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2015-2016. This Resolution was passed on the Consent Agenda. Enactment No: 030711 Second Reading Ordinance - Accepting and appropriating grant funds to purchase Hazmat Communication System equipment (1st Reading 12/8/15) Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2015 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase Hazmat Communication System Equipment; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030712 Second Reading Ordinance - Accepting and appropriating additional grant funds for Tuberculosis Prevention and Control (1st Reading 12/8/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant increasing the total amount to $64,693, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, with an increase in the city match to $12,939, for a total project cost of $77,632, for the amended contract period September 1, 2014, through December 31, 2015; authorizing the transfer of $3,235, from the No. 1020 General Fund to the No. 1066 Health Grants Fund, appropriating the increased cash match and increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030713 Corpus Christi Page 9 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 19. Second Reading Ordinance - Advancing, accepting and appropriating funds for the Texas Medicaid Managed Care Initiative 1115 Waiver - Childhood Healthy Weight Obesity Project (1st Reading 12/8/15) Ordinance authorizing the advance of up to $903,592, from the No. 1046 Health Medicaid Waiver Fund to the Texas Health and Human Services Commission (TXHHSC) and in turn the Centers for Medicare and Medicaid Services (CMS) for the City's local match for City projects under the Corpus Christi - Nueces County Public Health District's (CCNCPHD) 1115 Waiver; funds to be repaid from the CMS by January 31, 2016. Additionally authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of approximately $1,204,158, from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1, 2015, through September 30, 2016; and ratifying acceptance of the award fund to begin October 1, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030714 20. Second Reading Ordinance - License for an electronic sign located within the Street Right of Way at 6652 Yorktown Blvd (1st Reading 12/8/15) Ordinance authorizing the City Manager or designee to execute a License for an electronic sign located within the Street Right of Way for Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation, ("Licensee") for an electronic Advertisement Sign installation, subject to the Licensee' compliance with specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030715 21. Second Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for property located at the intersection of Agnes Street (Business State Hwy No. 44) and Bockholt Road within the Greenwood Wastewater Treatment Plant, Service Area 6 (1st Reading 12/8/15) Ordinance exempting the Lewis & Cook Addition, Block 1, lot 1 subdivision located at the intersection of Agnes Street (Business State HWY No. 44) and Bockholt Road, from the payment of the wastewater lot/acreage fees under Section 8.5.2.g.1 of the Unified Development Code; requiring the owner/developer to comply with the specified Corpus Christi Page 10 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030716 22. Second Reading Ordinance - Amending the Capital Improvement Budget to execute a Master Services Agreement for On Call Engineering Services with Solid Waste Operations (1st Reading 12/8/15) Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E15103 On Call Services/Solid Waste; transferring funds in the amount of $280,000 from Solid Waste Project Reserves to the On Call Services/Solid Waste Project; and authorizing the City Manager or designee to execute a master service agreement with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $250,000.00 for On Call Services/Solid Waste for engineering services as may be required. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030717 23. Second Reading Ordinance - Adjusting Public Agency for Resale Water Rates (1st Reading 12/8/15) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding public agency for resale water rates; providing for publication, and providing effective date. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030718 24. Second Reading Ordinance - Transfer of City Council Member's Salary (1st Reading 12/8/15) Ordinance approving the transfer of an amount budgeted for Council Member Carolyn Vaughn's salary, plus applicable payroll taxes, in the total amount of $6,459 from the No. 1020 General Fund to the No. 1042 Residential Street Fund and changing the FY 2015-2016 Operating Budget adopted by Ordinance 030620 to increase revenues and expenditures by $6,459 in the No. 1042 Residential Street Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030719 25. Second Reading Ordinance - Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for current participants and increases for prior and current annuities (1st Corpus Christi Page 11 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 Reading 12/8/15) Ordinance authorizing and allowing, under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030720 26. Second Reading Ordinance - Depository Banking Services Agreement (1st Reading 12/8/15) Ordinance to accept staff recommendation to designate Frost Bank as the depository for municipal funds in accordance with section 105.016 of the Texas Local Government Code and authorizing the City Manager or designee to execute a depository services contract for a period of 3 years to commence on January 1, 2016 and end on December 31, 2018 with an option to renew for two additional one-year periods. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030721 N. REGULAR AGENDA: (ITEMS 33 - 36) 33. Second amendment and extension to agreement for reservation of recycled water Motion authorizing the City Manager or designee to execute a Second Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining - Texas, L.P. (Valero) for 4 million gallons per day (mgd). Mayor Martinez deviated from the agenda and referred to Item 33. City Secretary Huerta announced that Council Member Riojas was abstaining from this item. Executive Director of Utilities Mark Van Vleck addressed questions raised at the last Council meeting regarding the fees associated with the Exclusive Reservation of Recycled Water with Valero Refining - Texas, L.P. and a revised agreement was reached to include a fee. Council members spoke regarding the following topics: the reason the agreement was initally presented without a fee being charged; use of the recycled water from the Greenwood Wastewater Treatment Plant; and the proposed route for installation of the pipeline from the Greenwood Wastewater Corpus Christi Page 12 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 Treatment Plant. Joe Almaraz, Agency Director for Valero, stated that engineering work has been completed on the project and Valero is ready to execute full funding. Council Member Magill made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 1 - Council Member Riojas Enactment No: M2015-142 34. Second Reading Ordinance - Amending the Code of Ordinances to create the City of Corpus Christi Infill Housing Incentive Program (IHIP) (1st Reading 12/8/15) Ordinance Amending the Corpus Christi Code of Ordinances by adding a new chapter, Chapter 20, Housing; Creating Chapter 20, Article I - IN GENERAL; Creating Chapter 20, Article II - INFILL HOUSING INCENTIVE PROGRAM to set forth requirements, procedures and incentives for the development of new home construction in existing Community Development Block Grant (CDBG) neighborhoods; providing for severance; and providing an effective date. Mayor Martinez referred to Item 34. Assistant City Manager Susan Thorpe stated that Items 34, 35, and 36 are related affordable housing programs. There were no comments from the public on Items 34, 35, and 36. Council members asked questions regarding details on the qualified buyers being included in the guidelines to implement the Type A program. Assistant City Manager Thorpe said staff would bring back Item 36 with the correct guidelines. Council Member McIntyre made a motion to approve Items 34 and 35, seconded by Council Member Garza. This Ordinance was passed on second 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 Enactment No: 030722 35. Resolution Approving the Program Guidelines for the Infill Housing Incentive Program (IHIP). Corpus Christi Page 13 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 This Item was discussed during Item 35. This Resolution 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: 030723 36. Resolution approving the Affordable Housing - Type A Pilot Program Resolution approving the Affordable Housing - Type A Pilot Program which uses Type A funds for up front/interim construction costs for a qualified builder to construct a new affordable home for an income -qualified homebuyer. This item was discussed during Item 34. A motion was made by Council Member McIntyre, seconded by Council Member Rudy Garza, that the Resolution be tabled. The motion carried by a unanimous vote. L. EXECUTIVE SESSION: (ITEMS 27 - 32) Mayor Martinez referred to the day's executive sessions. The Council went into executive session. 27. Executive session pursuant to Texas Government Code § 551.074 (personnel matters) to deliberate employment issues concerning the City Manager. This E -Session Item was discussed in executive session. 28. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters 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. 29. 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. Corpus Christi Page 14 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 Mayor Martinez referred to Item 29. City Attorney Miles K. Risley stated that the purpose of this item is to authorize the extension of agreements and encumbrance of funds for the City's negotiations and potential litigation with the U.S. Department of Justice over alleged overflows in the City's sanitary sewer system. City Attorney Risley said that since being approached by the U.S. Environmental Protection Agency in 2011, the City has made tremendous progress in reducing overflows. City Attorney Risley presented the following information: a chart on the alleged City overflow and treatment violations from 2007 though 2014; the projected average monthly sewer rate increase under the EPA demand; and differences between the City proposal and the EPA's proposal. Council Member McIntyre made a motion to authorize the extension of agreements and encumbrance of funds for legal and City's case to federal agencies and courts and engineering services in analysis -negotiation and potential litigation with the U.S. Environmental Protection Agency and U.S. Department of Justice regarding sanitary sewer overflows and effluent excursions with the following entities in the following amounts, with the amounts for the "Litigation -additional amount" only authorized in the event that the City is sued by agencies of the federal government for said matters: Lloyd Gosselink HDR Pipeline Analysis Barnes & Thornburg CDM Smith Total: Analysis -Negotiation $375,000 $147,658 $8,900 $165,000 $50,000 $746,558 Litigation -additional Amount $620,000 $243,000 $150,000 $100,000 $29,700 $1,142,700 and further authorizing the City Manager to execute contracts with and expend the amounts designated for the aforesaid entities on different law firms and engineering firms determined to be most appropriate for the presentation of the City's case to federal agencies and courts, seconded by Council Member Scott. 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: M2015-141 30. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the New Broadway Wastewater Treatment Plant and other parts of the City's Sanitary Sewer Collection System This E -Session Item was discussed in executive session. 31. Executive Session pursuant to Texas Government Code § 551.072 regarding the purchase, exchange, lease, or value of real property Corpus Christi Page 15 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 (including, but not limited to, real property in the vicinity of Corona Drive and Island Gate Plaza) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. This E -Session Item was discussed in executive session. 32. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Interstate 37, State Highway 286, U.S. Highway 181, and existing and proposed sewer, water, street, bridge, park, and other public infrastructure in or near said highways. This E -Session Item was discussed in executive session. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 37) 37. Resolution to execute the Four Party Agreement upon which the federal funding for the US Highway 181 (US 181) Harbor Bridge Project is conditioned Resolution authorizing the City Manager or designee to execute a Four Party Agreement with the Texas Department of Transportation (TxDOT), the Port of Corpus Christi Authority (Port), and the Corpus Christi Housing Authority, to provide duties effectively required by the Federal Highway Administration related to TxDOT's construction of the Harbor Bridge; issuing consent for the Port's acquisition of property pursuant to Texas Water Code § 62.106(d); and making further authorizations and declarations related to said Four Party Agreement Mayor Martinez referred to Item 37. City Attorney Miles K. Risley stated that the purpose of this item is to execute a Four -Party Agreement with the Texas Department of Transportation (TxDOT), the Port of Corpus Christi Authority (Port), and the Corpus Christi Housing Authority, to provide duties effectively required by the Federal Highway Administration related to TxDOT's construction of the Harbor Bridge; issuing consent for the Port's acquisition of property pursuant to Texas Water Code § 62.106(d); and making further authorizations and declarations related to said Four -Party Agreement. There were no comments from public. A council member requested that City Attorney Risley provide an explanation of the eminent domain language. Council Member McIntyre made a motion to approve the resolution, seconded by Council Member Scott. This Resolution was passed and approved with the following vote: Corpus Christi Page 16 Printed on 1/7/2016 City Council Meeting Minutes December 15, 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: 030705 O. FIRST READING ORDINANCES: (38 - 44) 38. First Reading Ordinance - License Agreement for Youth Sports League at LyondellBasell Park Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for South Texas Elite Youth Football League use of LyondellBasell Park on Haven Drive for youth football program with option to extend for two additional years. Mayor Martinez referred to Item 38. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to extend a License Agreement with Nueces County for a youth sports league located at LyondellBasell Park. There were no comments from the public. In response to a council member, Mr. Ellington said there is no monetary amount associated with this lease agreement. Council Member Magill made a motion to approve the ordinance, seconded Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 2 - Council Member McIntyre and Council Member Riojas Abstained: 0 39. First Reading Ordinance - Accepting and appropriating grant funds for Elderly Nutrition Program (ENP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $48,225 grant funding from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2015 Senior Community Services, Elderly Nutrition Program. Mayor Martinez referred to Item 39. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to accept and appropriate grant funding for the FY2015 Elderly Nutrition Program. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Corpus Christi Page 17 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 40. First Reading Ordinance - Accepting and appropriating grant funds for the Elderly Nutrition Program (ENP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $635,079 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2016 Senior Community Services, Elderly Nutrition Program. Mayor Martinez referred to Item 40. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to accept and appropriate a grant for the FY2016 Elderly Nutrition Program. There were no comments from the Council or the public. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 41. First Reading Ordinance - Accepting and appropriating reimbursement grant funds for Title XX Meals on Wheels Program Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2016 Senior Community Services, Title XX Meals on Wheels Program. Mayor Martinez referred to Item 41. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to accept and appropriate a reimbursement grant for the Title XX Meals on Wheels program. There were no comments from the public. A council member requested that staff provide information on whether or not the Meals on Wheels Program can be expanded to allow seniors who do not fit the need -based requirement or due to other factors, to pay the cost for the delivery of food to meet their nutritional requirements. Corpus Christi Page 18 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 Council Member McIntyre 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 42. First Reading Ordinance - Accepting and appropriating developer fees and interest earnings into the Community Enrichment fund for park improvements Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $872,005.99 in developer contributions and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects. Mayor Martinez referred to Item 42. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to appropriate developer contributions and interest earnings in the Community Enrichment Fund for park improvements. There were no comments from the public. Council members spoke regarding the following topics: how the designated parks are determined; the last time a presentation was given on the Master Park Plan; consideration to table the plan until another presentation is provided to the City Council; an explanation of the developer contributions and how those fees are dispersed to parks in close proximity; the number of parks in the City; and the Oso Bay Wetland Preserve. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 43. First Reading Ordinance - Construction Contract and Professional Service Agreement Amendment No. 1 for Traffic Signal and Street Lighting Improvements Indefinite Delivery/Indefinite Quantity (IDIQ) Ordinance appropriating $400,725.04 from the Unreserved Fund Balance in No. 1041 Street Fund for the Traffic Signal and Street Lighting Improvements IDIQ project; changing the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 by increasing expenditures by $400,725.04; authorizing the City Manager, or Designee, to execute a construction contract with Siemens Industry, Corpus Christi Page 19 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 Inc. of Austin, Texas in the amount of $721,485.80 for the initial year with the option of four one-year extensions that may be administratively approved; and authorizing the City Manager to proceed with the design of IDIQ delivery orders for the base year by executing Amendment No. 1 to a Professional Service Agreement with Maldonado -Burkett Intelligent Transportation Systems, LLP in the amount of $32,211.73 for a restated fee of $71,725.04 for the Traffic Signal and Street Lighting Improvements IDIQ project. Mayor Martinez referred to Item 43. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to execute a construction contract with Siemens Industry, Inc., and a design amendment with Maldonado -Burkett Intelligent Transportation Systems, LLP for the Traffic Signal and Street Lighting IDIQ project. There were no comments from the public. Council members spoke regarding the following topics: whether the lights on Park Road 22 are included in this list to address the constant problems; the project scope addressing certain TxDOT street lights; whether there is a process for funding street lighting in residential neighborhoods; including electrical and lighting expenses in future bond projects; and requests to have staff investigate the traffic signals not properly working at the intersections of Holly Road and the Crosstown Freeway, headed east and Saratoga and the Crosstown Freeway headed east. 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 44. First Reading Ordinance - Construction Contract and Construction Materials Testing Agreement for Ocean Drive from Buford Street to Louisiana Avenue (BOND 2012) Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 by transferring $3,500,000 to the Ocean Drive from Buford to Louisiana Avenue project; increasing expenditures in the amount of $3,500,000; and authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $11,012,338.66 for the total base bid and to execute an agreement for construction material testing in the amount of $68,292.00 with Rock Engineering Testing Laboratory, Inc. for the Ocean Drive from Buford Street to Louisiana Avenue BOND 2012 street project. Corpus Christi Page 20 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 Mayor Martinez referred to Item 44. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a construction contract with Bay, Ltd. and a construction materials testing agreement with Rock Engineering Testing Laboratory, Inc. for the Ocean Drive from Buford Street to Louisiana Avenue Bond 2012 street project. The project provides for the full -depth reconstruction that implements a road diet concept narrowing the existing six -lane roadway to four -lanes with a divided median and bike lanes. The project includes: hot mix asphalt pavement; concrete curb and gutters; driveways; ADA improvements; signs and markings; traffic signals; utility improvements; and slope stability improvements along the Corpus Christi Bay bluff to avoid potential movement of and damage to the new roadway and utilities. There were no comments from the public. Council members spoke regarding the following topics: the project budget identifying the wrong contractor and listing the project in the Downtown Management District; the roundabout not being included as part of the design at Louisiana and Ocean Drive; whether there are standards to which the contractor should adhere and the project's warranty; the debarment process; and plans to include a safe pedestrian crossing system. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. 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: (ITEMS 45 - 48) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had planned presentations on Items 47 and 48. 45. Construction Contract for City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) Motion authorizing the City Manager or designee to execute a construction contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of $3,750,000 for the City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity for the total Base Bid with the option to extend the contract up to four (4) possible one-year renewals. This Motion was recommended to the consent agenda. 46. Professional Services Contract Extension for Mary Rhodes Pipeline Phase 2 Motion authorizing the City Manager or designee to extend Corpus Christi Page 21 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 construction management services by executing Amendment No. 14 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $513,767 for a total restated fee not to exceed $15,949,042 for Mary Rhodes Pipeline Phase 2. This Motion was recommended to the consent agenda. 47. Engineering Design Contract Amendment No.1 for Rodd Field Road Expansion (BOND 2014, Proposition 2) Motion authorizing the City Manager, or designee, to proceed with design phase work by executing Amendment No. 1 to a contract for professional services with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $1,128,307.78 for a restated fee of $1,178,207.78 for the Rodd Field Road Expansion from Saratoga Boulevard to Yorktown Boulevard. (Bond 2014, Proposition 2) This Motion was recommended to the consent agenda. 48. Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 49 - 50) 49. FY2016-2017 HOME Program Housing Tax Credit Amenities Mayor Martinez referred to Item 49. Interim Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to present information on the FY2016-2017 HOME Program Housing Tax Credit Amenities. Mr. Bentancourt provided an overview of the proposed mandatory amenities required by the City of Corpus Christi and the next steps. Council members spoke regarding the following topics: developers' desire that appropriate zoning be included as part of the FY2017-2018 mandatory amenities and inclusion of a stipulation that these criteria are in place only when all projects are in the Corpus Christi city limits. MOTION OF DIRECTION Council Member McIntyre made a motion directing the City Manager to include the appropriate zoning as a requirement beginning FY2017-2018, seconded by Council Member Magill and passed unanimously. 50. Zero -based Budgeting Mayor Martinez referred to Item 50. City Manager Olson stated that the purpose of this item is to present a briefing on zero -based budgeting for the City Corpus Christi Page 22 Printed on 1/7/2016 City Council Meeting Minutes December 15, 2015 R. ADJOURNMENT Council to consider whether or not this is a process to be used during the preparation of the budget. City Manager Olson presented the following information: a definition of zero -based budgeting; other budgeting techniques; potential advantages and disadvantages; the history of zero -based budgeting; an explanation of theoretical zero -based budgeting; zero -based budgeting in practice; the method currently used by the City; and how the City would apply the zero -based budgeting process. Council members spoke regarding the following topics: the importance of getting away from traditional incremental budgeting; the direction needed in order to move forward with zero -based budgeting; the additional effort required by staff and the City Council; the primary goal being to receive as much data as possible; the expectations regarding savings; developing a financial policy that will delineate a timeframe and take one to two years identifying elements within departments to eliminate "budget creep"; maximize benefits and minimize negatives associated with zero -based budgeting; concerns with morale issues while working through the transition; delaying implementation of zero -based budgeting until the next fiscal year's budgeting process; the ability to prioritize services; the opportunity to review public safety; and holding all departments accountable and not exempt from the zero -based budgeting process. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to move forward with this budget process, with respect to elements of zero -based budgeting, performance and service -level budgeting, and including an intermittent zero -based budget reset recommendation, seconded by Council Member McIntyre and passed unanimously. The meeting was adjourned at 6:41 p.m. Corpus Christi Page 23 Printed on 1/7/2016 City Of Corpus Christi AIRPORT BOARD BOARD DETAILS SIZE 10 Se 1..9 TERM LENGTH 3 Years OVERVIEW C TERM LIMIT 6 Years 1 01. CONTACT 1 Adelie Ives (361) 289-0171 0 adellei@cctexas.com The Airport Board advises the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. .q DEmILS coMPOSmoN Ten (10) rtwttters appautled b., the City Council lar three.year staggered ferns. CREATIONIAUTHORITY Scctran 2-175, Cade a1 Ord:minces Ord. hos 17012 4 -21i -E12 17148 7-27-83, 19829, 7.07.87 20327, 5-24-88 021601, 5-25-93, 023755 8-31-99 MEETS 3rd Wednesday at every month 330 p.tr:. triternanonalAirport Board Rocm. TERM DETAILS Three-year staggered terns OEpARTMENT Airport Board Members January 12, 2016 One (1) vacancy with term to 4/4/17. William McCord Harold Kaffie, Jr. Donald Feferman Robert Williams Alex Garcia, Jr. Mary Helen Dunnam AIRPORT BOARD Resigned District 4 2 AIRPORT BOARD Active AIRPORT BOARD Active AIRPORT BOARD Active AIRPORT BOARD Active AIRPORT BOARD District 4 1 District 4 2 District 5 1 District 5 1 Active District 4 1 04/04/17 Member 04/04/17 Member 04/04/17 Chair 04/04/17 Member 04/04/16 Member 04/04/16 Member Curtis Clark AIRPORT BOARD Active District 5 1 04/04/18 Member Karl Tomlinson Joseph Wise Dana Gunter AIRPORT BOARD Active AIRPORT BOARD Active AIRPORT BOARD Active District 4 Partial 04/04/16 Member District 4 1 District 1 2 04/04/18 Vice -Chair 04/04/18 Member Airport Board Applicants January 12, 2016 Work Phone Work Address lar. Ray L Cotham AIRPORT BOARD Districta RETIRED -AMERICAN EAGLE AIRLINES, INC. 361 289 0730 602 international Drive Glenna EIB! AIRPORT BOARD District 1 RETIRED Martin L Evans AIRPORT BOARD District 5 FREEDON INVESTMENT COUNSEL LLC Marc Gonzalo AIRPORT BOARD District 4 DEPT OF THE ARMY, CORPUS CHRISTI ARMY DEPOT 3614610082 308 Crecy Corpus Christi TX Kelly Harlan AIRPORT BOARD District 1 H&5 CONSTRUCTORS Rick Jones AIRPORT BOARD District 5 MIKE SHAW TOYOTA 361-241-3277 323211169 Access Rd. Robstawn IX Gordon Lester AIRPORT BOARD District 5 SIKORSKY AIRCRAFTCORPORATION-COAD 203-400-8907 Michael McCauley AIRPORT BOARD District 4 OSTARCH HILMY& HALL 3614844961 615 N Upper Broadway 8800 Corpus Christi TX Eldon McQueen AIRPORT BOARD District 1 SIKORSKY AIRCRAFT COMPANY-CCAO 351-9611403 Hanpr 44 Corpus Christi TX William Menard, Jr AIRPORT BOARD District 2 MENARD ELECTRONICS, INC. Scutt H. Mesmer AIRPORT BOARD District4 CAE 3614444401 Corpus Christi TX Corpus Christi TX 101 North Shoreline Blvd, Ste. 560 Corpus Christi TX Robert Trevino AIRPORT BOARD District 5 CORPUS CHRISTI ARMY DEPOT 361-9614296 Cornus Christi TX BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Nov 05, 2015 Status: submitted Profile Roy L me Middle Initial Address Cotham Last Name Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt 'rty District 3 What district do you live in' IWO Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Retired -American Eagle Airlines, Inc Employer 602 International Drive WorkAddres- Street Addressand Suite Number Corpus Christi WorkAddress-City Texas WorkAddress - State 78406 Aviation Professional Slate PosiaI Code WnrkAddress- Zip Code 361-289-0730 Work Phone LimaCharlie3@hotmaff.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional andlor Community Activity (Present) Graduate of Del Mar Regional Police Academy -1989. Nueces County Deputy Sheriff 1989-2007. American Eagle Airlines, Inc 1995-2014, TicketAgent, Operations Agent, Ground Security Coordinator. Received the U.S. Coast Guard Meritorious Public Service Award in 2003 for assisting U.S. Coast Guard operations while working with the Governor's Task Force on Homeland Security. 2004 Nominee for the Caller Times Jefferson Volunteer Award. Registered Voter? QQ Yes 0 No Current resident of the city? ppYes QNo 46 11 yes how many years? Upload a Resume Please upload any additional sapponing documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Male Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath I swear that all of the statements included in my application are true and correct. ED !Agree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Apr 10, 2015 Status: submitted Profile P. Email Address Glenna First Name Middle Initial Eliif Last Name Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Altemate Phone Retired Employer WorkAddre- Street Address and Suite Number Work Address - City WarkAddres- State Job I ire 1P11. State Postal Code WorkAddress - Zip Code Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional andlor Community Activity (Present) RETIRED. GRADUATED FROM ROBSTOWN HIGH SCHOOL; ATTENDED TEXAS A&I UNIVERSITYAT KINGSVILLE, TEXAS; SERVED ON NUECES WATER BOARD #3; FORMER GENERAL MANAGER/OWNER OF JENNINGS CHEVROLET CO. IN ROBSTOWN, TEXAS. Registered Voter? p Yes 0 No Current resident of the city? Q Yes 0 No 17 If yes. how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® !Agree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 16, 2015 Status: submitted Profile Martin First Nam¢: Email Address L Evans Middle Last Name I Hitt al Which Boards would you like to apply for? AIRPORT BOARD, COMMUNITY YOUTH DEVELOPMENT(78415) PROGRAM STEERING COMMITTEE, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, NUECES COUNTY TAX APPRAISAL DISTRICT, PLANNING COMMISSION, PORT OF CORPUS CHRISTIAUTHORITYOF NUECES COUNTY, TX Street Addmss Grr District 5 What distncl do you live in? Please CLICK HERE for a map to verify your district assignment Primary Phone Aftemate Phone Freedom Investment Counsel LLC Employer 101 North Shoreline Blvd, STE 560 Work Addrom • Sorel Addrem and Suite Number Corpus Christi WarlrAddress-City Owner fou T tie IND TX Work Address- Siale 78401 WorkAddress- Zip Code Work Phone Marty@Freedom-ic.com Work E•marl address HomefPrimaryAddress Preferred k1ailrng Addrem Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present} BS Political Science & History Ed, TexasA&I University Registered Voter? ® Yes QNo Current resident of the city? Yes 0 No 50 11 ycs how many years? CityJoard Resume.doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Other Male Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® 'Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® I Agree Oath I swear that all of the statements included in my application are true and correct. ® IAgree MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe, the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS & ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S. Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+ personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston, Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non -criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama (Operation Just Cause) Aviation issues briefing officer for Commander U5 Army South; Aviation operations planning and coordination at senior Army command; planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras & El Salvador Coordinated downed aircraft and casualty recovery in a combat environment, Provided aviation support for International Election Monitors, El Salvador Nation! Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written & verbal Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Information analysis and reporting Project development and oversight Budgeting EXPERINCE: Financial planning and analysis Training and Teaching Computer and Internet savvy Marketing and sales P & L analysis May 2009 — Present Registered Principle/Owner— Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor & Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist dients in the investment decision making process. Daily activities include financial planning, investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility $30,000,000+. Trailing 12 month production $215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995 -Apr 1997 Account Executive, Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994 -Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio, TX Pilot for an overnight air freight operator. Aug 1991 -Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5 -person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight -state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991 -Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990 -Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986 -Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston, TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite Windows NT MS Word MS Excel Group one life & annuity insurance license Education: NASD Series 7 Series 63 ACT Contact Management data base MS PowerPoint Series 65 Series 31 Investment Management Consultant Internet savvy Graduated Ca!alien Highschool 1969, BS in Political Science & History ED, Texas A & I University, Distinguished Military Graduate; Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Apr 02, 2015 Status: submitted Profile Marc PrOiIW Email Addrem Gonzalez Middle Last Mame Ina at Which Boards would you like to apply for? AIRPORT BOARD, WATER RESOURCES ADVISORY COMMITTEE Street Address city District 4 What district do you live In? Please CLICK HERE for a neap to verify your district assignment. 4.11111111111111111. Primary Phone DEPT. OF THE ARMY, CORPUS CHRISTI ARMY DEPOT Employer 308 CRECY WarkAddres;- Street Addrez and Suite Number CORPUS CHRISTI WorkAddress-Gty TX 1,•IarkAddress - State 78419 'Business: (361) 961-0082 Altera+r2 Phone DIRECTOR, INFRASTRUCTURE OPERATIONS Suite or Apt diabb Paaal Code WorkAddress • Zip Cafe 361-961-0082 Walk Phone Work E•rnail addiesa Pielerred .lalling Addrem Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional andlor Community Activity (Present) MBA, TAMU-CC - IN PROGRESS; MASTER OF AERONAUTICAL SCIENCE, ERAU, 2006; BA, UTSA, 1996; COMMISSIONED OFFICER US AIR FORCE 1990-2008; RESPONSIBLE FOR ALL FACILMES, CONSTRUCTION, ENVIRONMENTALAND WASTEWATER TREATMENT LEADERSHIP CORPUS CHRISTI- CLASS 39, 2011. Registered Voter? Yes 0 No Current resident of the city? Q$ Yes 0No 5 tl yes haw many years? Upload n Rearrne Plea,e upload any additional 9ipponing documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Male Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. l !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath I swear that all of the statements included in my application are true and correct. E !Agree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Apr 17, 2015 Status: submitted Profile Per I.. Email Address Kelly F.ri. tJ:411r• Harlan Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt Carr District 1 Whal district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone H&S Constructors G'ri I:Ii yr1 WolkAddtess• Street Address and Suite Number Work Addrem -City WarkAddres. -State Chief Pilot SEIM Postal Code WorkAddress- Zip Code Work Phone Work Email addrem Home/PrimaryAddress Prelened Mailrng Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Completing BS in Professional Aeronautics, Embry -Riddle Aeronautical University. Professional airline transport rated corporate pilot and certified Tight instructor for single and multi engine aircraft as well as instruments for the past 16 years. Nueces County Republican Party Precinct 123 chairman. Past chair of Nueces County Republican Party Finance Committee. Corpus Christi International Airport Board 2012-2015. Nueces County Airport Board 2011-2012. Director ofAviation Operations for Lone Star Overnight, 2007- 2012. Chief Pilot -Gulf Aviation 2009-2012. AOPAAirport Support Network volunteer representative for Nueces County Airport 2007 -present. I have operated from CRP airport since 1998. Registered Voter? Yes 0 No Current resident of the city? • Yes 0 No 9 If yes how many years') Kelly Harlan PLOT RESUME.docK Upload a Resume Please upload any additional swooning documerns Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Prefer not to Answer Eu:n:c14y Male Crevit Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. lAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® lAgree Oath I swear that all of the statements included in my application are true and correct. ® IAgree KELLY LANE IIARLAN CERTIFICATES F.A.A. Airline Transport Pilot Airplane Mulliengine Land, Commercial Privilege& Single Engine land AND RATINGS: FAA, Certified Flight Instructor Airplan_ Single, Multiengine, and Instrument F.A.A. Medical Certificate Second Class FC -C. Radiotelephone Operator Permit U.S, Passport Current PIC in Pilatus PC -12 and SIC in Cessna Citation FLIGIIT TIME: TOTAL 71)00 Pilot in Command 6800 Turbine 4000 Turbojet 135 Mulii Engine 1675 Cessna Caravan 2900 Cessna 400 Series 1040 Night 2800 Cross Country 5400 Instrument 610 Alaska 2100 Dual Given 630 Last 12 Months 300 Last 6 Months 150 ASSOCIATIONS: Board Member -Corpus Christi Airport Board Former Board Member-Nueces County Airport Advisory Board AOPA member, NBAA member 2011-2012 2012-2015 EMPLOYMENT: II&S Constructors November 2012 -Present Corporate Chief Pilot for heavy industrial construction company flying throughout Texas and the United States Lune Star Overniebt October 2007 -December 2013 FAR l35 Director of Operations and Captain flying a Cessna 208B Caravan single pilot night cargo Gulf Aviation October 2009 -May 2012 FAR 135 Chief Pilot and Captain flying a Cessna 421C throughout Texas Critical Air Medicine September 2006 -October 2007 FAR 135 Ces'na 421C air ambulance Captain flying single pilot throughout Texas Gulf Coast Air Charters December 2005 -September 2006 Director of Operations and Captain flying a Piper Cheyenne I1 single pilot throughout the southeast United Stales under FAR 91 and FAR 135 Organized, setup and managed FAR 135 certificate American Air Network May 2005 -December 2005 Cessna Citation 550 First Officer flying FAR l35 air ambulance and charter service throughout Alaska and Piper Cheyenne 1I Captain flying FAR 91 from Panama City. Florida Peninsula Airways May 2003 -May 2005 Cessna 208B Caravan Captain. Piper PA -31 Navajo Captain and Piper PA -32 Saratoga Captain flying FAR 135 scheduled passenger. cargo. air ambulance, and charter service in rural southwest Alaska Grant Aviation April 2002 -March 2003 Cessna 207 Captain in scheduled passenger, cargo, and charter service in rural southwest Alaska EDUCATION: Simcam Pilatus PC -12 PIC Training November 2012, 2013, 2014 Initial Piper Cheyenne II PIC training September 2005 Initial Cessna Citation training May 2005 FlighlSafety International Initial and recurr: nt Cessna 208 PIC training October 2007, 2008, 2009, 2010, 2011 Cessna 400 series training Access Flight Training Cessna 421 Recurrent ATM -Cessna 421 Recurrent August 2012 October 2009 Embry -Riddle Aeronautical University January 2000 -December 2002 Majored in Professional Aeronautics with a minor in Aviation Safely 2013 -Present Southwest Texas Junior Colleee Majored in Career Pilot Technology Obtained Private Pilot through Commercial Instrument Certification January 1997 -May 1999 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jan 05, 2016 Status: submitted Profile Pfeil" Rick Firsi Name Jones Middle Lace Name WON Email *sickest Suffix Which Boards would you like to apply for? AIRPORT BOARD 111111111111111111111. Soeel Address District 5 Whet dieing do you live 1n7 Please CLICK HERE for a map to verify your district assignment. 1111.11111111111.111 11.11.111MMIlli Primary Phone Altemele Phone MIKE SHAW TOYOTA GENERAL MANAGER Emislayor Job Tide 3232111 69 ACCESS RD. WadrAddress-SlreetAddraaand Sidle Number ROBSTOWN RWkAddress-CJIy TX Woi4A#$irem - state 78380 Suite orApt Sete 11.11 Pooal Code WorkAddress - Zip Code 361-241-3277 Work Phone WorkE•mad address Work Address Prelened Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional andlor Community Activity (Present) SUPPORTWFE IN JUNIOR LEAGUE; DUCKS UNLIMITED; NUECES COUNTYJUNIOR LIVESTOCK SHOW; KINGSVILLE NAVALAIR BASE (SUPPORT); RECIPIENT CORPUS CHRISTI UNDER 40 AWARD; RECIPIENT GM STANDARDS FOR EXCELLENCE; RECIPENTTOYOTA PRESIDENTAWARD; FASTING GROWING DEALERSHIP RECOGNITION; Registered Voter? ®Yes 0No Current resident of the city? ®Yes 0No 5 11 yes how many years', Upload a Resume Please upload any addlllonal swooning documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you WU help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-His anic Ethniclly Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,inciuding ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 2596 of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. l also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the Information must be released pursuant to the Public Information Act. ® lAgree Oath swear that all of the statements included in my application are true and correct. ® IAgree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jan 05, 2016 Status: submitted Profile P Email Address Gordon Firs Nam:.: Middle Mil al Lester East Name Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt b 1PM City sure. District 5 1. 'hat disnct do you live in? Please CLICK HERE for a map to verify your district assignment. 11011=1•11111 wimmun Pramary Phone Aiiemaie Prrcne SKORSKYAIRCRAFT CORPORATION Employer WorkAd dress - Street Address and Suite Number CHIEF PLOT Jr.a Tide Postal Cade WorkAddress- Zip Code 203-400-8907 Wo'� Phone Worn E-mail address Home/Primary Address Prelened Mailing Addrez Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional andlor Community Activity (Present) CURRENTLY CHIEF PLOTAND EXPERIMENTAL TEST PILOT FOR SIKORSKYARCRAFT. FAA COMMERCIAL CERTIFICATE N AIRPLANES (SE &ME), HELICOPTERS, AND GLIDERS. CERTIFIED FLIGHT INSTRUCTOR. IN 2004-2009 WAS SIKORSKY PROGRAM MANAGER FOR PARTNERSHIP WfiH CCAD. MARRED WITH TWO DAUGHTERS, WHO BOTH GRADUATED FROM MARY CARROLL HIGH SCHOOLAND NOW ATTEND TEXAS STATE UNIVERSITY. MASTERS IN BUSINESS FROM WEBSTER UNIVERSITY. BACHELOR OF ARTS IN AIRPORT MANAGEMENT FROM TROY UNIVERSrr Registered Voter? ®Yes 0 No Current resident of the city? ®Yes 0No II yes how many years') Upload a Resume A Please upload any additional supporting doru--anrn Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Elnnicrty andcr Ve rification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l Agree Oath I swear that all of the statements included in my application are true and correct. ® I Agree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Dec 10, 2015 Status: submitted Profile Michael McCauley vjirn Name Abddle Lan Name Initial Which Boards would you like to apply for? AIRPORT BOARD 5treetAddre= Suite or Apt Slate Penal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111.1011.1111 1111111141.11111.111 Primary Phone Alternate Phone Ostarch Hilmy& Hail Attorney fimGlcjer J t Tait 615 N. Upper Broadway#800 WorkAddtem- Street Addrer: and Slide Number Corpus Christi WorkAddress - City Texas WarkAddrea - State 78411 WorkAddress•Zip Code 3618841961 Work. Plwre mmccauley@ohhlaw.net work Email address Home/PrimaryAddress Profaned Marling Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BA- History, JD- Law; Past Travel Agency owner of 10+ years; full time attorney; active and involved in community, City of Corpus Christi's #1 fan!! and avid traveler who frequently uses the CC Int Airport Registered Voter? ® Yes 0 No Current resident of the city? ® Yes 0 No 50 If yes how many years? Resume - _McCauley iipdatetDecj5 .doc Upload a Reser Please upload any additional siphoning documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that alt members of city boards and commissions,inctuding ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and alt liability whatsoever if the information must be released pursuant to the Public Information Act. ® lAgree Oath I swear that all of the statements included in my application are true and correct. ® !Agree MICHAEL A. McCAULEY umompi aiWiliiiimmie MIMI EDUCATION BARRY UNIVERSITY SCHOOL OF LAW, Orlando, Florida Juris Doctor Degree, December 2005 Class Rank: Top 203/4 Activities: Student Bar Association, 2L Class Senator SOUTH TEXAS COLLEGE OF LAW, Houston, Texas Visiting Student, Summer & Fall, 2005 SOUTHERN METHODIST UNIVERSITY, Dallas, Texas Bachelor of Arts in History, August, 1988 Minor: Business PROFESSIONAL. EXPERIENCE OSTARCH, HILMY, HALL & McCAULEY, PLLC, Corpus Christi, Texas Attorney, Partner July 2007 - present NUECES COUNTY DISTRICT ATTORNEY, Corpus Christi, Texas Assistant District Attorney June 2006 to July 2007 Responsible for daily County Court docket, preparing cases for trial, prosecuting cases and arguing motions before the court. Extensive plea bargaining experience with opposing counsel. McCAULEY TRAVEL SERVICE, Corpus Christi, Texas General Manager & Travel Agent 1991 - 2002 Owner & manager of multi-million dollar travel agency. Founded McCauley Travel in 1991 and subsequently grew the business into one of the top producing travel agencies in Corpus Christi. Responsible for motivating and supervising 5 employees as well as marketing, business development & day to day operations of the business. Sold the business in 2002 to go to law school. Extensive business and community experience as owner/operator of local small business. HOBBIES & INTERESTS • History • Travel • Hunting • Investments • Politics BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jan 07, 2015 Status: submitted Profile Eldon First Name Middle Initial McQueen Last Name Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Street Address Suite or Apt Cagy staie District 1 What drstnct do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111111MIS mimmins Primary Phans>- Alternate Phone SIKORSKYAIRCRAFT COMPANY CCAD AEROSPACE ENGINEER HANGAR 44-CCAD WorkAddress- Street Address and Suite Number CORPUS CHRISTI TX WarkAddress• State 78419 Postal Code WorkAddress - Zip Code 361-961-1403 Work phone Work E-mail address Home/PrimaryAddr Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BOSTON UNIVERSITY, MASTER OF SCIENCE, COMPUTER SCIENCE AND INFORMATION TECHNOLOGY MANAGEMENT. AEROSPACE ENGINEER, FLIGHT CREW, MILITARY VETERAN. MARTIALARTS INSTRUCTOR AND YOUTH DEVELOPMENT FOR YMCA; AMERICAN NATIONAL, NORTHSIDE MANOR, GARZA-GONZALEZ, PARK AND RECREATION, B&G AEROSPACE & TECHNOLOGY MENTOR, DEL MAR, A&M GRADUATE STUDENTS Registered Voter? pp Yes 0 No Current resident of the city? pp Yes p No 6 11 yes how many years? Upload a Resrme Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Prefer not to Answer F.1'111 r Male Ger'_ Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® 'Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El !Agree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Apr 10, 2015 Status: submitted Profile Pre William rim Name Email Address Menard Last Name Inrhai Jr. Which Boards would you like to apply for? AIRPORT BOARD, ANIMAL CARE ADVISORY COMMITTEE, BOARD OF ADJUSTMENT, CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION, ETHICS COMMISSION, HUMAN RELATIONS COMMISSION, LIBRARY BOARD, MAYOR'S FITNESS COUNCIL, OIL AND GAS ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite or Apt City `a Iaip District 2 What district do you I ve In? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone MENARD ELECTRONICS, INC. PURCHASING MANAGER Employer WortkAddrem- Street Addressand Suite Number Wank Address - City Pow"' Code WorkAddress- State WorkAddress- Zip Code Work Phone Works -mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BRAZOSWOOD HIGH SCHOOL, CLUTE, TX 1999; TEXAS A&M UNIVERSITY -CORPUS CHRISTI, B.A. IN POLITICAL SCIENCE -GRADUATING AUGUST, 2014. Registered Voter? QQ Yes 0 No Current resident of the city? 0 Yes 0 No 6 II yes, how many years? Bryan Menard_2015__resume^2 .pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Male Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. IAgree Oath I swear that all of the statements included in my application are true and correct. ® 'Agree Bryan Menard Jr. Experience Menard Electronics, Inc. Houston, TX/Baton Rouge, LA/Corpus Christi, TX Special Projects Manager August 2012 - Present • Managed operations of multi -branch electrical and electronics distribution business • Analyze distribution operations and formulate strategies for improvements in productivity and reduce costs • Coordinate with management on recommended changes, collaborate via presentations, meetings, and regular on-site visits • Manage relationships with third -party vendors and suppliers • Decommissioned on-site servers; Implemented and continue to manage Office -in -the -Cloud functionality • Streamlined operations, moving toward paperless system slowly and methodically in order not to disrupt ongoing operations and continuity with existing staff members • Oversaw relocation of front-office functions from Louisiana to Texas • Managed and oversaw renovation of Louisiana facility from corporate headquarters to branch location • Rewrote and continue to manage operations and procedures manuals for accounting, sales, and warehouse operations • Built team of four accounting staff to manage new operation in Texas • Administer Prophet 21 Distribution System & Wireless Warehouse • Regular travel between Corpus Christi, Houston, and Baton Rouge • Extensive use of Webex/Teleconferencing for coordination between management of multiple branches, reducing travel & related expenses Purchasing/IT Manager November 2004 -August 2012 • Managed purchasing department of a multi -branch distribution firm • Expedited orders, updated required dates • Oversaw IT -related issues, including two major server installations/upgrades as well as day-to-day operations • Manage inventory valued at more than $ 500,000 • Converted warehouses to bar-code binning • Oversaw conversion from dot matrix to laser printing • Manage relationships with numerous major vendors • Correspond daily with manufacturers and suppliers • Implemented/Maintained Site -to -Site Secure VPN • Administered Prophet 21 Distribution System Inside Sales Representative June 2000 — November 2004 • Managed assigned accounts in the Baton Rouge, LA area • Provided sales support for assigned clients • Provided technical support to all clients of the Baton Rouge branch • Established new client relationships Education: Texas A&M University — Corpus Christi Corpus Christi, TX 110 hours toward BA — Political Science (part time) 2008 -Present Estimated Graduation: May 2016 Research Emphasis: Regulatory Politics Brazoswood High School Clute, Texas Graduation — May 1999 Additional Skills: • Class B Commercial Driver License • Experienced in Windows and Mac 05 environments • Proficient in Microsoft Office • Excellent penmanship • 75 wpm typing rate References: Available upon request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 10, 2015 Status: submitted Profile Prelig Email Address Scott H Mesmer F ,le Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, ETHICS COMMISSION, NUECES COUNTY TAX APPRAISAL DISTRICT, OIL AND GAS ADVISORY COMMITTEE Street Address Suite arApt Ly Slate Postal Code What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone CAE Employer WorkAddress- StreetAddresand Suite Number Corpus Christi WorkAddress- City TQC WorkAddress- State Instructor a- Tra: 7841 WorkAddress- Zip Code 3619448401 Work Phone Scott.Mesmer©gmail.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional andlor Community Activity (Present) BS Applied Math and Statistics BA Economics. Military Contract T44 Sim Flight Instructor for CAE Captain on B757 for Parallel Express Own Rental Properties "SoftengineHR" Payroll and Human Capital Management Software sales rep Registered Voter? ©Yes ONo Current resident of the city? © Yes O No 7 If yeshow many years? Scatt M.esrner_ ity_Application_Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ea ',idly Male Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. g IAgree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. IAgree Oath I swear that all of the statements included in my application are true and correct. ® IAgree Scott H. Mesmer '''' Goal: Looking to give back and work with in the community that I live in by supporting the city in any way that I can. Business Development, Management and Investing Experience Own multiple rental properties in Corpus Christi Invested in Oil and Gas Drilling Rig program as well as Oil Drilling programs September 2015 to present SoftEngineHr sales consultant. Payroll and Human Capital Management software sales position August 2009 to present Co -Owner of Mesmerizing photography. Discovered what it means to be an owner of a business... September 2009 -Present: Elan Express and Parallel Express Business Development Set up Jet Fuel Brokering Business, created relationships with into plane agents, refineries, airport fbo etc to sell jet fuel to clients as well as managed aircraft. Developed relationships for marketing for aircraft parts, aircraft RVSM ferry movements, aircraft acquisitions. Jan 2007 to March 2009 Base Operations Manager for large aircraft international charter operations. Responsible for day to day operations of the base, duties included but not limited to, recommending staffing levels, developed recommendations for policy and procedures for operational needs, involved in hiring and selection process, ensured crewmember compliance with company policy, assigned non -flight duties in support of operations and marketing. Coordinated aircraft charter needs with Director of Operations, Director of Security, Manager of Maintenance, Dispatch, Marketing Department and crew to ensure high quality client experience and safety of flight for international operations. Worked with Director of Planning and Scheduling as well as Training Department to develop and staff monthly flight schedule. Coordinate with Brokers, Clientele, flight crew and management to ensure proper communication flow for process improvement, staff promotions, cost savings initiatives, and other duties not defined that are aimed at reducing costs while increasing productivity without sacrificing quality or safety. Aviation Work Experience CAE Feb 2014 to Present T44 Advanced Flight Sim Instructor & Platform Instructor Parallel Express Oct 2013 to - Part 125 B757 Simulator Chk Airman Oct 2013 to — Part 125 B757 Captain Elan Express Nov 2011 to - Part 125 B757 Simulator Chk Airman Oct 2009 to - Part 125 B757 Captain Swift Aviation Group Dec 11 to — July 13 Part 121 B767 Simulator Chk Airman June 10 to July 13 Part 121 B767 Captain Polaris Aviation Solutions — Jan 10 to June 10 SIC Pt 125 Dallas Mavericks Captain/Base Manager - Pace Airlines Oct 2002 to Oct 2009 B7571B767 Captain Domesticllntemational Part 121 Captain on 8757 for FM proving runs and check rides to add areas of operations to Airline Ops Specs such as the North Pacific, Polar Ops and North Atlantic Etops. Domestic and International worldwide charter operations that required operations into Russia, the Middle East, South America, Europe, the Pacific and Polar Areas of the Arctic Circle Flight Officer — USAirways May 99 to Jan 02 Pt 121 First Officer B7571B767 A320 Flight Officer — USAirways Express, Piedmont Airlines July 97 to May 99 Pt 121 First Officer DASH 8 1600 Hours of ME Turbo Prop time Flight Officer — KIWI International Airlines July 95 to Oct 96 Pt 121 Flight Engineer — B727 Charter Pilot/ Flight Instructor — Airpark Sales & Service Oct 96 to July 97 PIC Piper Navajo Pt 135 Co Instructor & Asst Chf Pilot Feb 93 to July 95 PIC Piper Navajo Captain on DOD contract such as: Shuttling civilian engineers and military personal between military bases such as Patuxent River, Lakehurst, Dahlgren, Wallops Island Virginia and Cherry Point. Range clearing of oceanic restricted areas in support of F-18 testing program, missile test fire and other military operations. CFI and CFI! Instructor Platform Instructor Education SUNY @STONYBROOK: Stonybrook, New York 1990 BS Applied Math and Statistics BA Economics BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jan 05, 2016 Status: submitted Profile Prrri,c Email Address Robert Plr� Na Mlddle Initial Trevino Last Name Suter Which Boards would you like to apply for? AIRPORT BOARD, COMMITTEE FOR PERSONS WITH DISABILmES, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD 5i reel Address 11111111.11. District 5 What distdcl d0 you live in? Please CLICK HERE for a rnap to verify your district assignment. Pnmery Phone Alternate Phone CORPUS CHRISTI ARMY DEPOT Employer Work Address - Street Address and Suite Number CORPUS CHRISTI WorkAddress- City TX WtrkAddress- Slate SUPERVISOR/DIRECTORATE OF MFG./PROC. PRODUCTION :'b ,de Sutle erApl 11111 111111 Stale Postal Code 78419 WarkAddres.2lp Cade 361.-961-4296 Work phone Work E-mail address Home/PrimaryAddress Preferred Marling Addrom Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATE OF INCARNATE WORD ACADEMY. B.S. IN PROFESSIONALAERONAUTICS (EMBRY RIDDLE AERONAUTICAL UNIVERSITY). RETIRED UNITED STATES ARMY (AIR TRAFFIC CONTROLLER). Registered Voter? 0 Yes 0 No Current resident of the city? ®Yes 0 No 9 11 yes how many years' TREVINO.pdt Upload a Resume Please upload any adthuonal stpporunp documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees, By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic FI. Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of information 1 understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. I Agree Oath swear that all of the statements included in my application are true and correct. ® I Agree 05/05/2014 20:26 36}9614444 PAGE 03 Page 1 of 3 A►a3lpbl;Myr Wens F1perieeec Waste Td Trash, Job Type Ptn,icnc i. 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Mated emelt arm a rkens%rrfwenn soar hetet Mdisomad fila an flylms https://my.usajobs.gov/ApplicandAcsume/tistResumes 5/5/2014 05/05/2014 28:26 3619624444 nguIsiiass. iiit.,maapn prhliatioaa. and u.idstwaaf nr iafsrntila t Maiunmet Mai Idi.iJwl Flight Rapri4 Fidget aid ledrvrdrd Amino Twrdr*rntau TAW FM T.304 and AR PS.1 Noted sad apdand the NOTAMIlk duly 'Wiped matter ki nithnaracinghemNAS Mail= Office. as tint ecoid stria lac thibt. to monde ai.ailerwuiiap. aJrp.rio, aYraintiry i,sad fiiceiuo Pi nidal OlTrataaai.. ayd `Riiduau in scarce eomaticef involved to epdirraawn oohing rya dirk PAA CTT) courant Cara iskd When an pafarmrcee, w puke' niadanJh and rue faun' appraluh aehmiditaid mat porfsrmwiu Rcc irwrrdet M14IGs Mrmom Odin and at rcusigroren. Revicind daerlpairi Cat con= cy out otteney cad made peecuprr Amin Cuansrint taigas on ptoblrnF gad tapioca infataael eemtsvinu deasasion mai the *Ilia Mimed pnyiarah is tonna! 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Atroupliahmpp tad aehld SUM Sand is At Tragic amid Spasahu rata Wand PIIg)i Ptak r?R1 Non Ind a Putnam m Appnaeh Clint Redo Appwsdi AM:much palarmg radio moot and moor reuratdwruct Was calved In odic pitman at /tundra 0 n;draL A wink %nail tom nri err sad taamrq co unmet Cum ikd *Mug otirq radar, among paedae plinth lath and i.eas;a. nolo' imam FWdpheJ cidnoinnie ynnilva mem idcntiOunim oroka& Wang erica mid Mimic t4 as to MAN ah sold maiultm maw= seperuiaro Waned Mang la Iht And monad antic iy Uu an; glide pelt ud minuet tifeeraaiee Oa And imitaael, mood del smug Icing itYacd nominal Doane lit /kWh ddityptctl Orion C.atidndrads, aq.iprioe.ltapsSBitrea.ai uathpunka spmt and shift* in rapist O Mims duns= MAW teiiat tragic damry, primula eeaCencia, meatier and road. last ramwrwieaaan and kit iiM proems a, haw sppriach+raltamruse,and cirfkfdmdid.u.Math deraoana involving the ardor of dcpsrli nn aid 1.110V desgaulda nrsewa many met pae kle'ImuIt ui i crew almway sod ninerMi ma Mea hosed mammas and dc*noet la sacra apenfrog in tic Mice. nim .+r rop®1WidCsardendthe panne. typemed. dorttrn,evader And agitations is groan wielaag t. Aspin gam vi had el All anycm Canidwd tic puha amain. maim of rummy*. sdewsclaea • Pincus. 'tom ib. is t 1431131110143V„ rill ariiItnae Awl mine iaha.rdsA i. s deacons molpiq dos lis,e and digitin of Jrpananatend►att larged iaitnomco itight Rola ;IFR)dntmW mond PACE e4 Page 201'3 https://rny.usajobs.gov/ApplicantlRcsumc/ListResumes 515R014 05/05/2014 20:26 3619614444 IMO FAIArms&Carlini k proat cd k»A urintAlliPenura w ta.a. intatin Htwt 0114,1 NTIrobodwancro U.iArmy ronRes}u.AL MClimed Sten Ilii1Tri Seam 31.0)007 USP rot Yw pwnsv'Nettie PAGE 02 Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 15, 2015 Action Item for the City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager November 2, 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 Enqineerinq Construction Contract City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of $3,750,000 for the City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity for the total Base Bid with the option to extend the contract up to four (4) possible one-year renewals. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity for the total Base Bid. BACKGROUND AND FINDINGS: This is part of the City's ongoing program to re -capitalize the aging sanitary sewer collection system and to eliminate sanitary sewer overflows and infiltration. This project will replace existing sanitary sewer lines 24 -inch and under throughout the City by pipe bursting under a new multi-year indefinite delivery/indefinite quantity (ID/IQ) construction contract. This contract complements the City's ongoing City Wide Collection System Replacement and Rehabilitation ID/IQ program. This separate pipebursting contract allows for the most cost effective unit pricing. Pipebursting is a trenchless method of replacing buried pipelines without the need for a traditional construction trench. This method is typically used when adequate working room is not available for conventional construction methods and the impacts to the surrounding area and overall cost warrant alternative construction methods. On October 14, 2015, the City received proposals from three (3) bidders and the respective bids were as follows: CONTRACTOR TOTAL BASE BID PM Construction & Rehab, LLC Pasadena, Texas $13,863,200.00 T Construction, LLC Houston, Texas $14,374,990.00 National Power Rodding Corp Austin, Texas $15,273,722.50 Note: The unit quantities outlined in the bid documents were used for evaluation purposes only to represent possible quantities over a 5 year contract duration. The ID/IQ contract documents were prepared as a one-year $3,750,000 base construction contract with the option to extend up to four (4) possible one-year renewals. This equates to a total five (5) -year program of $18,750,000 dependent on funding availability. Subsequent additional option years will be administratively authorized by the City Manager or designee based on available funding and satisfaction with the contractor. Each contractor submitted unit prices for unique construction activities to use in delivery orders to allow the most cost effective repairs. The City's consultant, LNV, Inc. analyzed the three proposals. The lowest responsible bidder, based on the quantities provided for evaluation purposes, is PM Construction & Rehab, LLC of Pasadena, Texas (PM Construction). Based on a review of PM Construction's experience and resources from the information they submitted in accordance with the contract documents, PM Construction is qualified to provide the construction services for the program. An award in the amount of $3,750,000 is based on available project funds. All work will be executed with multiple indefinite quantity delivery orders in accordance with plans, specifications, and contract documents prepared by the Engineer. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: This project is part of the Sanitary Sewer Overflow (SSO) program. 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 $4,400,000.00 $4,400,000.00 Encumbered / Expended Amount $46,300.00 $46,300.00 This Item $3,750,000.00 $3,750,000.00 Future Anticipated Expenditures This Project $588,000.00 $588,000.00 BALANCE $15,700.00 $15,700.00 Fund(s): Wastewater CIP #2 Comments: This project requires approximately 365 calendar days with anticipated completion in December 2016. The construction contract will result in the expenditure of an amount not to exceed $3,750,000 for this fiscal year. RECOMMENDATION: City Staff recommends approval of the construction contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of $3,750,000 for the City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity for the total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) FUNDS AVAILABLE: Wastewater CIP $4,400,000 FUNDS REQUIRED: Construction (PM Construction & Rehab, LLC) THIS ITEM 3,750,000 Contingency (10%) 375,000 Engineer Fees: Engineer (LNV) 46,300 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 65,000 Engineering Services (Project Mgmt/Constr Mgmt) 130,000 Miscellaneous 18,000 TOTAL 4,384,300 ESTIMATED PROJECT BUDGET BALANCE $15,700 Citywide Collection System Pipe Bursting ID/IQ Citywide Collection System Pipe Bursting ID/IQ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Carpus Chr sti Engineering City Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (ID/IQ) Council Presentation December 15, 2015 Project Location Citywide Collection System Pipe Bursting ID/IQ Corpus Chr'sti Engineering 2 Project Scope Corpus Chr'sti Engineering This project is part of the City's ongoing Program to re -capitalize the aging sanitary sewer collection system and to eliminate overflows and infiltration. Major activities include: • Rehabilitation and/or replacement of gravity collection lines by pipe bursting lines (6" to 24"diameter) • Control of wastewater flows (by- passing) • Cleaning and televised inspection of conduits • Temporary traffic control measures Pipebursting Example Pulling Device Crigiortal Pipe Pipe Fragments A bursting head is pulled through the existing pipe effectively breaking the old pipe into pieces and expanding the cavity allowing the new pipe to be simultaneously pulled into place behind the bursting head. Bid Summary Corpus Chr sti Engineering Contractor Base Bid PM Construction & Rehab, LLC $13,863,200.00 T Construction, LLC $14,374,990.00 National Power Rodding Corp. $15,273,722.50 Note: The unit quantities outlined in the bid documents were for evaluation purposes only to represent possible quantities over a five-year contract duration equating to a $18,750,000 total budget. The ID/IQ contract documents were prepared as a one-year $3,750,000 base construction contract with the option to extend up to four (4) possible one-year renewals. Subsequent additional option years will be administratively authorized by the City Manager or designee based on available funding. Project Schedule Corpus Chr sti Engineering 2015 2016 c 3 5 A DESIGN 8 BID and AWARD AL2 c 3 5 A 8 CONSTRUCTION and CLOSE OUT Project Estimate: 365 Calendar Days 12 Months Estimated Completion December 2016 This project is a multi-year Indefinite Delivery/Indefinite Quantity (IDIQ) construction contract with a one-year (12 calendar months) base contract and four optional one-year renewal options. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 15, 2015 Action Item for the City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager November 19, 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 of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Enqineerinq Contract Mary Rhodes Pipeline Phase 2 CAPTION: Motion authorizing the City Manager or designee to extend construction management services by executing Amendment No. 14 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $513,767 for a total restated fee not to exceed $15,949,042 for Mary Rhodes Pipeline Phase 2. PURPOSE: The purpose of this agenda item is to obtain authority to execute a contract amendment for Mary Rhodes Pipeline Phase 2. BACKGROUND AND FINDINGS: Freese & Nichols Inc. was awarded the design and overall construction management contracts in February 2010 and March 2014. The Mary Rhodes Phase 2 project was developed and awarded in two construction contracts as indicated below. Contractor Description Award Amount Construction Dates Oscar Renda Contracting Pump Stations & Sedimentation Basin $29 167 288 Start: April 2014 Finish: June 2015 Garney Companies Pipeline Sections A, B & C $84,121,405 Start: April 2014 Finish: August 2015 The Pipeline Sections A, B, and C contract was substantially complete in July 2015. The Pump Station & Sedimentation anticipated completion is March 2016. The completion delays are due to adverse weather, unforeseen conditions and contractor delays. The weather accounts for several weeks. The unforeseen conditions are related to construction material shortages, property owner easements conditional requirements, and differing site conditions. The remaining delays are cause by the contractor. As a result of these factors the following change orders were processed: Oscar Renda Contracting — Pump Stations & Sedimentation Basin ($29,167,288) Change Order Description Amount Percentage No.1 Additional work of barbed wire fence for Miller property $86,083.41 0.33% Design modification for adding 20" extension of slab section in 480V VFD Pump station site power realignment No.2 Sump underdrains with power for manhole #1 and manhole #2 in sedimentation basins $330,019.24 1.13% Add monitoring facilities at river pump station Standby emergency generators at the river pump station and booster pump station Total Change Orders Total Change Orders $426,102.65 1.46% Garney Companies — Pipeline Sections A, B & C ($84,121,405) Change Order Description Amount Percentage No.1 Additional fence upgrade work for Miller property $99,923.14 0.19% Re -mobilization due to LCRA permit issue Pipeline grade adjustment due to unknown gas line Additional work to deal with unknown ground grade conflict No.2 Boring and casing six additional tunnels in Jackson County roads $460,933.39 0.55% Total Change Orders $560,856.53 0.74% The engineering and construction management contracts were amended as follows: Freese & Nichols Incorporated —Overall Construction Management Services Contract Description Amount Original and Amendments 1 - 13 Overall design, construction management, testing and engineering services for Pump Station/Sedimentation Basin and Pipeline Sections A, B and C. $15,435,275 On-site construction inspection Pump Station and Sedimentation Basin and Pipeline Section C. No.14 (Proposed) Extended construction management, testing and engineering services for Pump Station/Sedimentation Basin and Pipeline Sections A, B and C. $513,767 On-site representation providing continuous monitoring of all construction activities $49,742 Total $15,949,042 This contract amendment to FNI provides for extended construction management services for the MRPP2 project from August 2015 to March 2016. The scope of this contract amendment includes extended eight-month engineering services, construction observation services and additional construction materials testing services. AGCM, Inc. was awarded a separate construction observation contract for Pipeline Sections A and B in March 2014. That contract is now complete. The following table presents the AGCM contract summary. AGICM — Construction Observation Services (Pipeline Sections A & B) Contract Description Amount Original Construction observation services Pipeline Sections A and B. $1,679,942 No.1 Clarification that AGCM is not responsible for the safety of construction jobsite. $0 No.2 Added additional inspectors to recover construction schedule from January to March, 2015. $49,742 No.3 Added additional inspectors to recover construction schedule in April 2015. $44,036 No.4 Added additional inspection hours from May 2015 to project completion. $25,000 Total $1,798,720 ALTERNATIVES: 1. Authorize the execution of the professional services contract. 2. Do not authorize the execution of the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: The construction contracts provide for liquidated damages ($3,500/day) (LDs). At project closeout, the excusable and non -excusable delays will be evaluated to determine assessment of LDs. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy and policy on procuring Professional Services. 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 $150,835,700.00 16,570,500.00 $167,406,200.00 Encumbered / Expended Amount $150,835,700.00 $150,835,700.00 This Item $513,767.00 $513,767.00 Future Anticipated Expenditures This Project $3,071,223.00 $3,071,223.00 BALANCE $0.00 $12,985,510.00 $12,985,510.00 Fund(s): Water Supply CIP #1 RECOMMENDATION: City Staff recommends approval of the extension of construction management services by executing Amendment No. 14 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $513,767 for a total restated fee not to exceed $15,949,042 for Mary Rhodes Pipeline Phase 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET ESTIMATE Mary Rhodes Pipeline Phase 2 FUND SOURCE: Texas Water Development Board Loan Water Revenue Bonds PROJECT TOTAL FUNDS REQUIRED: 100% Construction for Pipeline Sections A, B, and C (Garney Companies, Inc.) 100% Construction for Pump Stations/Sedimentation Basin (Oscar Renda Contracting) Construction Contingency (5%) Pump Stations Pumps and Motors (Smith Pump Company, Inc.)(5% remaining cost)* Engineer Design (Freese and Nichols, Inc.)** Legal Services (Bruce Hawn, Welder Leshin, LLP)*** Land Acquisition AEP Transmission Line Relocation**** Construction Management/Observation Services (Freese and Nichols, Inc.) Construction Observation Services (AGCM, Inc.) Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt/Constr Mgt) Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE *Purchase approved by City Counicl on December 10, 2013 by Motion No M213-179 **Original design contract awarded October 28, 2003 by Motion No. M2003-394 **Amendment No. 1 awarded October 19, 2004 by Motion No. M2004-387 **Amendment No. 2 awarded December 18, 2007 by Motion No. M2007-334 **Amendment No. 4 awarded March 9, 2010 by Motion No. M2010-051 **Amendment No. 9 awarded July 30, 2013 by Motion No. M2013-125 ***Legal Services Agreement awarded July 12, 2011 by Motion No. M2011-164 ****Agreement awarded December 17, 2013 by Motion No. M2103-195 $7,964,100 $159,442,100 $167,406,200 $84,121,405 $29,167,288 $5,664,435 $227,722 $11,538,490 $812,500 $9,860,500 $1,500,000 $4,410,552 $1,679,942 $1,132,886 $3,965,104 $339,866 $154,420,690 $12,985,510 Pump Stations and Sedimentation Basin Mary Rhodes Pipeline Phase 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 14 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Freese and Nichols, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Mary Rhodes Pipeline Phase 2 (Project No. E10008): Original Agreement October 28, 2003 Motion No. M2003-394 $116,100.00 Amendment No. 1 October 19, 2004 Motion No. M2004-387 $285,490.00 Amendment No. 2 December 18, 2007 Motion No. M2007-334 $911,997.00 Amendment No. 3 March 11, 2009 Administrative Approval $0.00 Amendment No. 4 March 9, 2010 Motion No. M2010-051 $9,676,590.00 Amendment No. 5 November 30, 2011 Administrative Approval $0.00 Amendment No. 6 January 14, 2012 Administrative Approval $49,940.00 Amendment No. 7 April 24, 2013 Administrative Approval $49,822.00 Amendment No. 8 May 29, 2013 Administrative Approval $49,900.00 Amendment No. 9 Juiy 30, 2013 Motion No. 2013-125 $195,664.00 Amendment No. 10 February 15, 2014 Motion No. 2014-027 $3,965,785.00 Amendment No. 11 July 3, 2014 Administrative Approval $49,000.00 Amendment No. 12 August 15, 2014 Administrative Approval $48,500.00 Amendment No. 13 March 12, 2015 Administrative Approval $36,487.00 In the Original Contract, Exhibit "A", Section I. Scope of Services shall be amended as set forth in the attached Amendment No.14, Exhibit "A". In the Original Contract, the Fees Section shall be amended based on the modified scope of services in the attached Amendment No. 14, Exhibit "A" for a fee not to exceed $513,767, fora total restated fee not to exceed $15,949,042. All other terms and conditions of the October 28, 2003 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI FEESE D NICHOLS, INC. J.H. Edmonds, P.E. Date R n Guz an, PE. Director of Engineering Services Principal 800 North Shoreline Blvd., Suite 1600 N Corpus Christi, TX 78401 RECOMMENDED (361) 561-6500 Office (361) 561-6501 Fax 111 1 Date Operating Department Date K.IENGINEERING DATAEXCHANGELIENNIFERIWATER\E10008 MARY RHODES PIPELINE. PHASE 2\FREESE AND NICHOLS, INCWMENDMENT NO 141CONTRACTICONTRACT DOCREV 1011115 APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management Date and Budget ATTEST City Secretary Date Project No: E10008 Accounting Unit: 4095-041 Account: 550950 Activity: El0008014095 EXP Account Category: 50950 Fund Name: Water 2014 MRP2 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E10008 MARY RHODES PIPELINE, PHASE 2\FREESE AND NICHOLS, INC\AMENDMENT NO. 14\CONTRACT\CONTRACT.DOCREV. 10/1/15 Innovative approaches Practical results Outstanding service 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 • www.freese.com Ms. Valerie Gray, P.E. Director of Public Works City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78469 Re: Mary Rhodes Pipeline, Phase 2 Construction Management Contract Amendment Dear Ms. Gray: Freese and Nichols, Inc. is pleased to submit our contract amendment to provide extended Construction Management Services for the Mary Rhodes Pipeline, Phase 2 project. The original project duration was scheduled to have us completed and off-site by the end of July 2015. The Pump Station Contractor's schedule has slipped and currently shows final completion the second week of March 2016. This contract amendment is to provide Construction Management Services for the extended schedule including project close out from August 2015 to March 9, 2016. Freese and Nichols, Inc. proposes to provide the following services: Construction Management/Inspection Services Item 1: Description Manhours Activity River Pump Station, Booster Pump Station and Sediment Basin plus Pipeline Sections A, B, and C/Ground Storage Tank/Lake Texana Tie-in Piping 1040 M/H Total Proposed Effort Construction Management/Engineering Support - Planned contractor work efforts for these items will extend an additional 8 months Item 2: Description. Manhours Activity On-site representation providing continuous monitoring of all construction activities. 3960 M/H Total Proposed Effort Planned contractor work efforts for these items will extend an additional 8 months (1 FNI man working an average of 5 days per week/10 hours per day plus 1 FNI man working an average of 6 days per week/10 hours per day plus the same man working each Sunday for 5 hours per day). Proposed cost for Items 1 and 2 is $444,767.00. Special Services: Construction Materials Quality Assurance Testing — Local Corpus Christi firm Rock Engineering and Testing planned contractor work efforts for the items will extend an additional 8 months (soil density, AMEND. NO. 14 EXHIBIT "A" Pa • e 1 of 2 concrete cylinders, pipe joint welding, pipe coating and pipe corrosion protection). Proposed cost for this activity is $69,000. Expenses: o Fee includes project related sub -contract expenses for Subconsultant Services associated with the CM Services listed above. o CM Services listed above. CM Services expenses include lodging and travel costs; communication costs (cell phones, delivery charges, postage, etc.); and other miscellaneous direct costs required to provide the listed CM Services. Fee: Freese and Nichols, Inc. proposed to provide the aforementioned services for a lump sum fee of $513,767.00. We appreciate the opportunity to assist you with this matter. Please feel free to contact me at 361.561.6500 with any questions that you may have on this subject matter. Regards, Ron Guzman, P!E. Principal/Vice President Enclosures AMEND. NO. 14 EXHIBIT "A" Page 2 of 2 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY C1TY PURCHASING DIVISION 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 torovide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline, Suite 1600N CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 4. Association 2. Partnership El 5. Other 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 / 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 Christi 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" con tituting 3% or more of the ownership in the above named "firm." Name 4.4es>Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed 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: Ron Guzman, P. E. Title: Principal (Type or Print) Signature of Certifying Person: Date: [ .(0 . 1 DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. -Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Carpus Chr sti Engineering Mary Rhodes Pipeline Phase 2 Council Presentation December 15, 2015 Location Map Corpus Chr sti Engineering rkffa m 10 ay city e less I g ,cor • ug*Christi 2 Location Map Corpus Chr sti Engineering Pump Stations and Sedimentation Basin Oscar Renda Contracting Pipeline Section A Garney Construction Pipeline Section C & Ground Storage Tank Garney Construction Pipeline Section B Garney Construction 4 i Project Status 3 Cv -us Cl!; Engineering Contract 'Contractor Contracted Contracted Start Date Completion Date Current Status Pump Station / Sedimentation Basin Pipeline Section A Pipeline Section B Pipeline Section C Oscar Renda Contracting Garney Companies, Inc. 23 -Apr -14 17 -Apr -14 6 -Aug -15 16 -Jun -15 Anticipated completion March 2016 Substantially Completed in July 2015 Construction was delayed due to: ✓Weather delay ✓Unforeseen site conditions (additional private property requirements, underground conditions) ✓Contractor delays (labor, equipment, materials) Project Scope Corpus Chr sti Engineering Extended construction management services with Freese & Nichols Inc. from August 2015 to March 2016 that includes: ✓ On-going construction management for Pump Station/Sedimentation Basin ✓ Close out support for Pipeline Sections A, B and C ✓ Continuous monitoring of all construction activities ✓ Continued construction materials testing Note: The construction contracts provide for Liquidated Damages ($35,000/day). That will be evaluated against excusable and non - excusable (Contractor) delays as the project continues. Project Schedule Corpus Chr sti Engineering Aug Sep Oct Nov Dec Jan Feb Mar 1111-. Construction Management Services Projected Schedule reflects City Council award in December 2015 with anticipated completion by March 2016. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 15, 2015 Action Item for the City Council Meeting of January 12, 2016 DATE: November 30, 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 Design Amendment No. 1 Rodd Field Road Expansion BOND 2014 Proposition 2 Motion authorizing the City Manager, or designee, to proceed with design phase work by executing Amendment No. 1 to a contract for professional services with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $1,128,307.78 for a restated fee of $1,178,207.78 for the Rodd Field Road Expansion from Saratoga Boulevard to Yorktown Boulevard. (Bond 2014, Proposition 2) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 for the Rodd Field Road Expansion project to begin design on a four lane roadway with improved intersection at Yorktown Boulevard. BACKGROUND AND FINDINGS: This project was approved through Bond 2014, Proposition No. 2 Street Issue by the community in the general election held on November 4, 2014. Brochure description: "Rodd Field Road Expansion (Saratoga to Yorktown) $9,600,000.00 — This project includes full -depth repair and capacity expansion of the existing two lane roadway (C-1 minor collector). This road is designated as an A-3 Arterial on the Urban Transportation Plan. Consideration will be given to increase the capacity of the current roadway and will assess the need to either a five lane roadway (four travel lanes and continuous center left turn lane) to conform to the A-1 Arterial designation of the current Urban Transportation Master Plan or a C-3 Collector (undivided four lane road with two travel lanes in each direction). Improvements will include curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Mobility CC Plan." Project Description: This project provides for the engineering & design for the full depth reconstruction and widening of the existing 2 -lane roadway to 4 -lanes with access controlled median from Saratoga Boulevard to Yorktown Boulevard. The work includes new curb and gutter, sidewalks, ADA curb ramps, pavement markings, traffic control plans and improved traffic signal at Airline Road. The project also provides new 10 -foot multi -use sidewalks for pedestrian and bicycles as proposed by the new Metropolitan Planning Organization Bicycle Master Plan. Utility improvements include storm water system, water, wastewater, and coordination for private utility adjustments, as required. In addition, staff recommends reconfiguration and full reconstruction of the existing triangular intersection at Rodd Field and Yorktown. This includes the reconstruction of approximately 1,600 LF of Yorktown Boulevard and a new signalized intersection. The construction of this intersection and Yorktown Blvd reconstruction with new traffic signal is not included in the cost of this project and will require additional funding if approved. Remaining funds from previous bond elections have been prioritized to Park Road 22 Bridge and are not available for this improvement. If directed to continue this work, future Certificates of Obligation will need to be issued. It is estimated that an additional $3.56 million will be required for this element of work. Design Contact: LJA Engineering, Inc. was selected for this project under RFQ 2014-08. An initial small A/E contract in the amount of $49,900 was previously authorized to complete conceptual design better defining the scope, cost and schedule for the project and preparation of a preliminary Engineering Letter Report (ELR). Tasks included Identifying Right Of Way (ROW), existing utility locations for upgrades, utility coordination, initial drainage areas served, and permitting. The preliminary ELR provided for a concise presentation of pertinent factors, such as, sketches, limits, concepts, cross section, preliminary layout, alignment, ROW requirements, and identification of utilities. Work authorized under Amendment No. 1 will include: • Initial tasks such as project kick-off meeting, geotechnical investigation, prepare conceptual life- cycle cost estimate with recommended pavement sections, hydraulic analysis for storm water design, public outreach, traffic impacts, stakeholder coordination, and refined ELR. • Design tasks will provide completed ELR, project plans, specifications, and cost estimate (within prescribed budget). Additional work will include acquisition of four rights of way parcels. • The Bid phase follows and provides Authorization to Advertise (ATA), pre-bid conference, bid opening, and a recommendation letter for award. • Construction administration provides for pre -construction meeting, review contractor submittals, materials testing results analysis, as-builts, and any requests for clarification with design plans and specifications. ALTERNATIVES: 1. Authorize execution of Amendment No. 1 as presented. 2. Authorize execution of Amendment No 1 and develop a phasing plan for construction of the intersection. OTHER CONSIDERATIONS: The requested additional intersection work will facilitate the anticipated future growth in the area. In addition to the new elementary school on Rodd Field Road, other planned projects include a future Del Mar South campus, proposed new shopping center and three new multi -residential housing units. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. 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 $9,600,000.00 $437,600.00 $3,062,400.00 $13,100,000.00 Encumbered / Expended Amount 53,900.00 53,900.00 This item 0.00 $1,128,307.78 $0.00 $1,128,307.78 Future Anticipated Expenditures This Project 0.00 8,566,100.00 3,062,400.00 11,628,500.00 BALANCE 9,546,100.00 -9,256,807.78 0.00 289,292.22 Fund(s): ST 21 Comments: If directed to continue with the construction of the intersection in addition to the approved Rodd Field Road street project, future Certificates of Obligation will need to be issued for the intersection. It is estimated that an additional $3.56 million will be required for this element of work. RECOMMENDATION: City staff recommends execution of Amendment No. 1 with LJA Engineering, Inc. for $1,128,307.78 for the Rodd Field Road Expansion Project including the new intersection and improvements at Rodd Road and Yorktown Boulevard. (BOND 2014, Proposition 2) LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE Rodd Field Road Expansion with Intersection Improvements E15112 BOND 2014 PROJECT FUNDS AVAILABLE: Bond 2014 Proposition 2 $ 9,600,000.00 Utilities 3,500,000.00 Water Capital Improvement Program 875,000.00 Storm Water Capital Improvement Program 875,000.00 Wastewater Capital Improvement Program 875,000.00 Gas Capital Improvement Program 875,000.00 TOTAL 13,100,000.00 FUNDS REQUIRED: * Construction (preliminary estimate - Approved project only) 10,000,000.00 Contingency (10%) 1,000,000.00 Construction Inspection (estimate) 2% 262,000.00 Construction Materials Testing (estimate) 1.25% 163,750.00 Design Fees: Engineering (LJA Engineering) 1,178,207.78 ** Original Contract (LJA Engineering) 49,900.00 Engineering (LJA Engineering) Amendment No. 1 1,128,307.78 Geotechnical Study (Rock) 38,000.00 Reimbursements: Total Reimbursements 168,750.00 Contract Administration (Engineering/Finance/Capital Budget) .05% 65,500.00 Engineering Services (Project Mgt / Constr Mgt) .0.75% 98,250.00 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL 12,810,707.78 ESTIMATED PROJECT BUDGET BALANCE $ 289,292.22 * If the intersection is added to the project, approximately $3.56M in future Certificates of Obligation will be required to complete the project. ** Original contract issued administratively on June 11, 2015. RODD FIELD ROAD EXPANSION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 P AMENDMENT NO. 1 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 (Director of Engineering Services) and LJA Engineering, Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Rodd Field Road Expansion (Proiect No. E15112) — Project includes Preliminary, Design and Bid Phase services and associated Additional Services, as described herein, for the reconstruction and expansion of Rodd Field Road from Saratoga Boulevard to Yorktown Boulevard and of Yorktown Boulevard from Road A (Bay Drive) to Geiger Drive, including associated utility improvements. 2. SCOPE OF SERVICES The A/E hereby agrees 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", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Direbtor of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Contract for Professional Services Page 1 of 7 K:\ENGINEERING DATAEXCHANGEIANGIEM\STREET\E15112 ROOD FIELD ROAD EXPANSIONVIMD 1 LJA12015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. 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 $1,128,307.78, for a restated fee not to exceed $1,178,207.78. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY NE shall fully indemnify and hold harmless 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, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by A/E or its agent, A/E under contract or another entity over which AIE exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. If the liability results solely from the negligent acts or omissions of the AIE, the A/E shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by the City, the A/E shall reimburse the City's reasonable attorney's fees in proportion to the A/E's liability. A/E must advise City in writing within 24 hours of any claim or demand against City or A/E known to A/E related to or arising out of A/E's activities under this Agreement. 6. INSURANCE 6.1 A/E must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. NE must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 A/E must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Contract for Professional Services Page 2 of 7 K1ENGINEERING DATAEXCHANGEWNGIEMISTREE1 E15112 RODD FIELD ROAD EXPANSIONIAMD 1 LJA12015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, A/E must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, A/E 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 A/E will be promptly met. An All States Endorsement shall be required if A/E is not domiciled in the State of Texas. Contract for Professional Services Page 3 of 7 K:IENGINEERING DATAEXCHANGEIANGIEMISTREET1E15112 RODD FIELD ROAD EXPANSIONWMD 1 LJA12015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC 6.5 NE shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at A/E'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. A/E is required to provide City with renewal Certificates. 6.6 A/E shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. A/E 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 NE agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 6.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; 6.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. 6.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, A/E shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend A/E's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.9 In addition to any other remedies the City may have upon A/E'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 NE to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to A/E hereunder until A/E demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGEIANGIEMISTREET1E15112 RODD FIELD ROAD EXPANSIO MMD 1 LJA\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC which A/E may be held responsible for payments of damages to persons or property resulting from A/E's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that A/E's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 6.13 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 8. 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. 9. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE 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. 10.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 Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. Contract for Professional Services Page 5 of 7 KAENGINEERING DATAEXCHANGEtANGIEMISTREET1E15112 RODD FIELD ROAD EXPANSIONIAMD 1 LJA12015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC 11. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 12. STANDARD OF CARE Services provided by A/E under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13. CONFLICT OF INTEREST A/E agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 14. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and NE and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and A/E. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS A/E hereby agrees and acknowledges if anything contained in theA/E-prepared Exhibit A, A/E's Scope of Services, or contained in any other document prepared by A/E and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI , INC. -7-IS J. H. Edmonds, P.E. Date Patr ck ete o, P.E. Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, TX 78401 RECOMMENDED (361) 887-8851 Operating Department Date Contract for Professional Services Page 6 of 7 K.1ENGINEERING DATAEXCHANGEYANGIEMYSTREET1E15112 RODD FIELD ROAD EXPANSIONIAMO 1 LJA52015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Fund Name Accounting Unit Account No. Activity No. Account Category Amount Street CIP 3551-051 550950 E15112013551EXP 50950 $801,098.55 Storm Water 4533-043 550950 El5112014533EXP 50950 $225,661.57 Water 4099-041 550950 El5112014099EXP 50950 $56,415.36 Wastewater 4254-042 550950 E15112014254EXP 50950 $22,566.15 Gas 4555-022 550950 E15112014555EXP 50950 $22,566.15 Total $1,128,307.78 Contract for Professional Services Page 7 of 7 KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE15112 RODD FIELD ROAD EXPANSION1AMD 1 LJA12015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC EXHIBIT "A" AMENDMENT NO. 1 CITY OF CORPUS CHRISTI, TEXAS Rodd Field Road Expansion (Bond 2014) Saratoga Boulevard to Yorktown Boulevard Project No. E15112 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section recommendations. Prepare conceptual life- cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) "Real Cost" Program. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. I) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) p) INCLUDED IN THIS CONTRACT) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of Amd. No. 1 EXHIBIT "A" Page 1 of 12 Revised November 26, 2013 probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels. (If AUTHORIZED as an Additional Service.) q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. s) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. (INCLUDED IN ADDITIONAL SERVICES—DESIGN MEETINGS AND PROJECT COORDINATION t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. u) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian (NOT INCLUDED IN THIS CONTRACT) City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings and record information in electronic format as available from City Engineering files. c) Provide the budget for the Project specifying the funds available for the construction contract. d) A copy of existing studies and plans. (as available from City Engineering files). e) Field location of existing city utilities. (A/E to coordinate with City Operating Departments.) f) Applicable Master Plans and GIS mapping are available on the City's website. Amd. No. 1 EXHIBIT "A" Page 2 of 12 Revised November 26, 2013 g) City Control survey Bench marks and coordinates. Any information marked proprietary, or copyrighted, provided by the City is authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of information marked proprietary, or copyrighted, provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. The City will provide a list of utility franchises within the Project area. b) materials andfor contaminated soils that may be discovered during construction. (MOVED TO ADDITIONAL SERVICES) c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with. CPPSCF using English units on 11"x 17". 1) ii) Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. Preparation of specific traffic control plans is not included in the scope of this contract. The Contractor shall be responsible for preparation and approval of specific Traffic Control plans appropriate to the Contractor's means and methods. drawings. Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the A/E. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. i) Required with the interim plans is a "Plan Executive Summary", project checklist & drawing checklist, which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. ii) Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. (INCLUDED IN ADDITIONAL SERVICES—DESIGN MEETINGS AND PROJECT COORDINATION) f) Hold Project 60% review meeting, Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review Amd. No. 1 EXHIBIT "A" Page 3 of 12 Revised November 26, 2013 g) comments, as appropriate and, upon Notice to Proceed. (INCLUDED IN ADDITIONAL SERVICES—DESIGN MEETINGS AND PROJECT COORDINATION) Provide one (1) set of the pre final plans and bid documents (90% submittal i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards.. NOT INCLUDED IN THIS CONTRACT) m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements. (If AUTHORIZED as an Additional Service.) The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the . City during the Design Phase. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA) from City -provided example. b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. Amd. No. 1 EXHIBIT "A" Page 4 of 12 Revised November 26, 2013 d) 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. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) 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. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the 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. e) Provide draft document format for the Authorization to Advertise and for the Agenda Memoranda. 4. Construction Administration Phase. 9) Review, cvaluate and recommend for City consideration Contractor Voluo +} Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD Amd. No. 1 EXHIBIT "A" Page 5 of 12 Revised November 26, 2013 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. (MOVED TO ADDITIONAL SERVICES) The City staff will: a) Provide all Construction Administration and Construction Observation Services. b) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) -- b) d) e) 9) h) 1) m) the -area TxDOT utility permit(s) Temporary Discharge Permit NPDES Permit/Amendments (including SSC, NOI NOT) Nueces County Texas Historical CommissieR (THC) U.S. Fish and Wildlife Service (USFWS) Texas Department of Licensing and Regulation (TDLR) Texas General Land Office (TGLO) • 2. Right -of -Way (ROW) Acquisition Survey and Parcel Descriptions. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence comers, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. Amd. No. 1 EXHIBIT "A" Page 6of12 Revised November 26, 2013 c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bounds Instruments with supporting exhibits as required and agreed upon, subsequent to the ELR acceptance, for ROW parcels, utility easements and temporary construction easements. e) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. f) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. g) The City will provide Title documentation (i.e. Title Commitments, Title Policies, etc.) for all parcels needed for acquisition or easement. 3. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. (Fee To Be Determined if required.) 5. Subsurface Utility investigation Engineering Amd. No. 1 EXHIBIT "A" Page 7 of 12 Revised November 26, 2013 a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- 1, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro -excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction -related excavation shall be located at Quality Level A. v) Water — Water facilities within the project limits will be located to Quality Level A. vi) Gas — Gas facilities within the project limits will be located to Quality Level A by the A/E. The City of Corpus Christi Gas Department will provide Quality Level C. The A/E will coordinate this activity. vii) Add SUE findings to topographic survey. b) Inform local franchises whose utilities fall within the footprint of construction -related excavation of the potential for encountering their utility lines during construction. A list of franchises within the Project area will be provided by the City. 6. Public Meetings (Maximum of 2 Meetings). Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and response to citizen comments as requested. Revise contract drawings to address citizen comments, as directed by the City. 7. Construction Phase Assistance (Time and Materials upon Request). A/E will provide the City with assistance, as requested, during the construction phase of the Project on a Time and Materials basis. Requests for services from the A/E shall be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and shall include Calendar Meeting Requests. Verbal requests for services must be followed by an email to the A/E prior to action being taken by the A/E. Receipt of email Amd. No. 1 EXHIBIT "A" Page 8 of 12 Revised November 26, 2013 8 - requests, including Meeting Requests, from City Staff shall be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item shall be invoiced to the City monthly based upon the attached Table 1— Rate Schedule and shall include time spent during the invoicing period. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the A/E will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. The following services are excluded from this Contract: a) b) c) d) Preparation of change orders; Review of shop drawings. (This does not exclude review of material submittals, if requested.); Review/approval of Contractor pay requests; and Preparation of a Certificate of Completion at the end of the Project. (NOT APPLICABLE) peried7 8. Preparation of Record Drawings. Review Contractor -provided construction "red -linen drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxfformat 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. 9. Signal Design Modifications at Airline Road. Conduct field review of the intersection to note and verify existing traffic signal equipment, intersection geometrics, physical constraints, power connection, utility placement and other details necessary for signal plan preparation. Coordinate with City to obtain signal improvement requirements. Prepare signal plans and specifications for signal modifications. Provide Bid Phase services related to signal improvements as described above in Basic Services Item 3. Per City Staff directives, traffic and signal analyses are excluded from this Contract. 10. New Signal Design at Yorktown Boulevard. Conduct field review of the intersection to note and verify existing traffic signal equipment, intersection geometrics, physical constraints, power connection, utility placement and other details necessary for signal plan preparation. Coordinate with City to obtain new signal improvement requirements. Prepare signal plans and specifications for new signal improvements. Provide Bid Phase services related to signal improvements as described above in Basic Services Item 3. Per City Staff directives, traffic and signal analyses, including a signal warrant study, are excluded from this Contract. Amd. No. 1 EXHIBIT "A" Page 9 of 12 Revised November 26, 2013 11. Design Meetings and Project Coordination (Time and Materials upon Request). A/E will attend meetings and coordinate with the City, as requested, throughout the duration of the Preliminary and Design Phases of the Project. Services provided under this Line Item shall include preparation for meetings, attendance of meetings, preparation and distribution of minutes following meetings, and efforts spent on processing action items resulting from the meetings. Requests for services from the A/E shall be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and shall include Calendar Meeting Requests. Verbal requests for services must be followed by an email to the NE prior to action being taken by the A/E. Receipt of email requests, including Meeting Requests, from City Staff shall be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item shall be invoiced to the City monthly based upon the attached Table 1— Rate Schedule and shall include time spent during the invoicing period. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the NE will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. 12. Value Engineering Proposal Review (Time and Materials upon Request). Upon request from the City, A/E will review, evaluate and recommend for City consideration Value Engineering Proposals submitted by the Contractor. Value Engineering Proposals must be complete, containing all required information necessary for a comprehensive review, and must be signed and sealed by a Licensed Professional Engineer in the State of Texas in order to be accepted for review. Requests for services from the A/E under this Line Item shall be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and shall include Calendar Meeting Requests. Verbal requests for services must be followed by an email to the A/E prior to action being taken by the A/E. Receipt of email requests, including Meeting Requests, from City Staff shall be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item shall be invoiced to the City monthly based upon the attached Table 1— Rate Schedule and shall include time spent during the invoicing period. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the A/E will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. (Fee To Be Determined if required.) Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does -net supersede -supplements Exhibit "A". Amd. No. 1 EXHIBIT "A" Page 10 of 12 Revised November 26, 2013 II. SCHEDULE Date Activity Begin Preliminary Phase Upon receipt of NTP and City -Provided Traffic Information Submit Draft ELR 4 Months after receipt of NTP City Review 1 Month Submit Final ELR 1 Month after receipt of Draft ELR comments from City Submit 60% Design 7 Months after receipt of NTP from City City Review 6 Weeks Submit 100% Design 2 Months after receipt of 60% comments from City City Review 1 Month Submit Sealed Plans & Docs 3 Weeks after receipt of comments from City Advertise for Bids 2 Weeks after Sealed Submittal Pre -Bid Conference 2 Weeks after Advertisement Receive Bids 4 Weeks after Advertisement Contract Award 4 Weeks after receipt of Bids Begin Construction 4 Weeks after Award of Contract Complete Construction Approximately 28 Months after Begin Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-3 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-3, A/E will submit monthly statements for basic services rendered. The statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For authorized Additional Services, the A/E will submit monthly statements for services rendered. For Fixed Fee Additional Services Line Items, the statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For Time and Materials Additional Services, the statements will be based upon A/E's time spent during the period of time covered by the invoice and based upon the attached Table 1 — Rate Schedule. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to - exceed fee as per the table below: Amd. No. 1 EXHIBIT "A" Page 11 of 12 Revised November 26, 2013 Summary of Fees (Notes: 'FF" designates L'ne Items to be invoiced on a Fixed Fee basis, and 'T&M' designates Line Items to be invoiced on aTime & Materials basis. 'AUTHORIZED' constitutes "written authorization to proceed" on an Additional Services Line Item.) Amd. No. 1 EXHIBIT "A" Page 12 of 12 Revised November 26, 2013 Original Contract Amendment No. 1 Total Street Storm- Water Water Waste- Water Gas Basic Services Fees 1. Preliminary Phase (FF) $49,900.00 $ 117,742.58 $ 33,166.92 $ 8,291.74 $ 3,316.69 $ 3,316.69 $ 215,734.62 2. Design Phase (FF) $ 0.00 $ 409,955.09 $115,480.32 $ 28,870.00 $ 11,548.05 $ 11,548.05 $ 577,401.51 3. Bid Phase (FF) $ 0.00 $ 14,912.56 $ 4,200.72 $ 1,050.19 $ 420.07 $ 420.07 $ 21,003.61 Subtotal Basic Services Fees $49,900.00 $ 542,610.23 $152,847.96 $ 38,211.93 $ 15,284.81 $ 15,284.81 $ 814,139.74 Additional Services Fees (Allowance) 1. Permitting: TDLR (FF) (Authorized) $ 0.00 $ 2,34013 $ 659.22 $ 164.81 $ 65.92 $ 65.92 $ 3,296.10 2. Right -of -Way (ROW) Acquisition Survey & Parcel Descriptions (FF) (Authorized) $ 0.00 $ 22,826.50 $ 6,430.00 $ 1,607.50 $ 643.00 $ 643.00 $ 32,150.00 3. Topographic Survey (FF) (Authorized) $ 0.00 $ 71,000.00 $ 20,000.00 $ 5,000.00 $ 2,000.00 $ 2,000.00 $ 100,000.00 4. Environmental Issues (Hazardous Materials Encountered During Construction) (FF) $ 0.00 TBD TBD TBD TBD TBD TBD 5. Subsurface Utility Engineering (SUE) (FF) (Authorized) $ 0.00 $ 53,054.75 $ 14,945.00 $ 3,736.25 $ 1,494.50 $ 1,494.50 $ 74,725.00 6. Public Meetings (2 Meetings Total) (FF) (Authorized) $ 0.00 $ 7,333.84 $ 2,065.87 $ 516.47 $ 206.58 $ 206.58 $ 10,329.34 7. Construction Phase Assistance (T&M) (Authorized) $ 0.00 $ 49,700.00 $ 14,000.00 $ 3,500.00 $ 1,400.00 $ 1,400.00 $ 70,000.00 8. Preparation of Record Drawings (FF) (Authorized) $ 0.00 $ 7,810.00 $ 2,200.00 $ 550.00 $ 220.00 $ 220.00 $ 11,000.00 9. Signal Design Modifications at Airline Road (FF) (Authorized) $ 0.00 $ 18,661.50 $ 5,256.76 $ 1,314.20 $ 525.67 $ 525.67 $ 26,283.80 10. New Signal Design at Yorktown Boulevard (FF) (Authorized) $ 0.00 $ 18,661.50 $5,256.76 $ 1,314.20 $ 525.67 $ 525.67 $ 26,283.80 11. Design Meetings & Project Coordination (T&M) (Authorized) $ 0.00 $ 7,100.00 $ 2,000.00 $ 500.00 $ 200.00 $ 200.00 $ 10,000.00 12. Value Engineering Proposal Review (T&M) $ 0.00 TBD TBD TBD TBD TBD TBD Sub -Total Additional Services Fees $0.00 $ 258,488.32 $72,813.61 $ 18,203.43 $ 7,281.34 $ 7,281.34 $ 364,068.04 Total Authorized Fee 849,900.00 8801,098.55 $225,661.57 $ 56,415.36 $ 22,566.15 $ 22,566.15 $1,178,207.78 (Notes: 'FF" designates L'ne Items to be invoiced on a Fixed Fee basis, and 'T&M' designates Line Items to be invoiced on aTime & Materials basis. 'AUTHORIZED' constitutes "written authorization to proceed" on an Additional Services Line Item.) Amd. No. 1 EXHIBIT "A" Page 12 of 12 Revised November 26, 2013 EXHIBIT A-1 AMENDMENT NO. 1 CITY OF CORPUS CHRISTI, TEXAS Rodd Field Road Expansion (Bond 2014) Saratoga Boulevard to Yorktown Boulevard Project No. E15112 TASK LIST GENERAL Contract Amendment No. 1 to the Rodd Field Road Expansion — Saratoga Boulevard to Yorktown Boulevard (Bond 2014) Project includes Preliminary, Design and Bid Phase services and associated Additional Services, as described herein, for the reconstruction and expansion of Rodd Field Road from Saratoga Boulevard to Yorktown Boulevard and of Yorktown Boulevard from Road A (Bay Drive) to Geiger Drive, including associated utility improvements. The Construction Budget for the Project is $13.5 million. Exhibit "A", I. A. - BASIC SERVICES Preliminary Phase (Fixed Fee) Provide Preliminary Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following condition: Exhibit "A", I. A. 1 - Clarifications 1. NE will submit all Contract deliverables to the City, only, in accordance with the Contract requirements. The City will distribute deliverables to Third -Party Reviewers at its discretion and coordinate with Third -Party Reviewers to receive comments. The City will incorporate any comments received from Third -Party Reviewers deemed appropriate into the City's comments for discussion at the appropriate meeting. To prevent miscommunications during the Preliminary Phase, A/E's point of contact for Project decisions will be the City's Project Manager. 2. Engineering services related to drainage analysis and design are limited only to the proposed underground storm sewer collection system to be constructed with this Project. Per City staff directives, drainage analysis of the existing culverts crossing beneath Rodd Field Road and of existing local area drainage conditions are excluded from this Contract. Amd. No. 1 EXHIBIT "A-1" Page 1 of 4 Design Phase (Fixed Fee) Provide Design Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following conditions: Exhibit "A", I. A. 2 - Clarification 1. A/E will submit all Contract deliverables to the City, only, in accordance with the Contract requirements. The City will distribute deliverables to Third -Party Reviewers at its discretion and coordinate with Third -Party Reviewers to receive comments. The City will incorporate any comments received from Third -Party Reviewers deemed appropriate into the City's comments for discussion at the appropriate meeting. To prevent miscommunications during the Design Phase, NE's point of contact for Project decisions will be the City's Project Manager. 2. Engineering services related to drainage analysis and design are limited only to the proposed underground storm sewer collection system to be constructed with this Project. Per City staff directives, drainage analysis of the existing culverts crossing beneath Rodd Field Road and of existing local area drainage conditions are excluded from this Contract. Exhibit "A", I. A. 2. d) - Clarification The design of temporary traffic control measures shall consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures for certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The Contractor is responsible for the preparation and approval of specific traffic control plan(s) that coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and may incorporate the typical examples provided in the construction plans. Bid Phase (Fixed Fee) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. Construction Phase Construction Phase Services as described in Exhibit "A", I. A. 4. are excluded from this Contract. Construction Phase Assistance will be provided by the NE as a Time & Materials Additional Service upon request as described in Exhibit 'A'. Amd. No. 1 EXHIBIT "A-1" Page 2 of 4 Exhibit "A". I. B. - ADDITIONAL SERVICES (Subject to Authorization) 1. Permitting (Fixed Fee) • TDLR Registration: Submit construction plans and specifications to a Registered ADA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. 2. ROW Acquisition Survey & Parcel Descriptions (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. The City will provide Title documentation (i.e. Title Commitments, Title Policies, etc.) for all parcels needed for acquisition or easement. 3. Topographic Survey (Fixed Fee) Services will be provided Professional Services. 4. Environmental Issues Construction (Fixed Fee) Services will be provided Professional Services. in accordance with Exhibit 'A' of the Contract for (Hazardous Materials Encountered During in accordance with Exhibit 'A' of the Contract for 5. Subsurface Utility Enqineerinq (S.U.E.) (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. The City will provide A/E with an approved site for the disposal of the S.U.E. waste material. 6. Public Meetings (Maximum of 2 Meetings) (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 7. Construction Phase Assistance (Time and Materials) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. Amd. No. 1 EXHIBIT "A-1" Page 3 of 4 8. Preparation of Record Drawings (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 9. Signal Design Modifications at Airline Road (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. Per City Staff directives, traffic and signal analyses are excluded from this Contract. 10. New Signal Design at Yorktown Boulevard (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. Per City Staff directives, traffic and signal analyses, including a signal warrant study, are excluded from this Contract. 11. Design Meetings and Proiect Coordination (Time and Materials) Engineering efforts covered by this line item will be provided as described in Exhibit 'A' of the Contract for Professional Services. 12. Value Engineering Proposal Review (Time and Materials) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. Amd. No. 1 EXHIBIT "A-1" Page 4 of 4 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% ki2;11 City of Corpus 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: LJA Engineering, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street FIRM IS: 1 . Corporation 4. Association CITY: Corpus Christi ZIP: 78401 2. Partnership 5. Other B 3. Sok 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 Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 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 in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)1 CERTIFICATION certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any in +rmation requested; and that supplemental statements will be promptly submitted to the City of Corpu risti, Texas as a anges occur. Certifying Person: Title: Vice President Patrick D. Vet . .E. I (Type or Prints *III g Signature of Certifyin Person: DEFINITIONS Date: 4,-1Z 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. Rodd Field Road Expansion BOND 2014 Proposition 2 Corpus Chr sti Engineering Council Presentation December 15, 2015 Project Location �hrsti Engineering Project Location �hrsti Engineering Project Layout �hrsti Engineering ni TRAVEL LANE I TRA LANE TRAVEL 'TRAVEL 4 Project Layout �hrsti Engineering TRAVEL LANE TRAVEL LANE TRAVEL LANE TRAVEL LANE Project Scope �hrsti Engineering Project includes: • Full -depth construction of a 5- lane roadway, 4 -travel lanes and a controlled access median • ADA compliant curb -ramps, sidewalks and pavement markings • 10' concrete multi -use paths (each side of roadway) to include pedestrian and bicycle traffic • Utilities with new wastewater, water, storm water and gas lines Addition proposed work includes: • New intersection with signal Project Schedule C*It) Corpus Chr sti Engineering 2015 2016 2017 2018 2019 1st Q 2nd Q 3rd Q 4th Q 1st Q 2nd 3rd Q Q 4th Q Bid 1st Q 2nd 3rd Q Q 4th Q 1st 2nd 3rd Q 4th Q 1st Q 2nd Q Construction Project Estimate: 840 Calendar Days 28 Months AGENDA MEMORANDUM Future item for the City Council Meeting of December 15, 2015 Action item for the City Council Meeting of January 12, 2016 DATE: TO: December 9, 2015 Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 CAPTION: Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 in the area of HoIIy/Saratoga and Ayers. PURPOSE: The Fire Department is requesting Council Action Approval to proceed with the construction of Fire Station 18. Funding for the Fire Station construction was approved in the 2008 Bond Program and funds are available to complete construction. The site for Fire Station 18 was previously acquired by the City. Staffing and apparatus will be provided by utilizing existing resources (Engine 101) from Fire Station #1 which will be allocated to the new Fire Station. The movement of Engine 101 will leave an Engine Company (Engine 1) and a Truck Company (Truck 1) at Fire Station #1. The Fire Department's current operating budget will absorb all costs except utilities, tools, equipment and miscellaneous items, which will cost approximately $34,000. The new Fire Station 18 will be located in proximity to the following Engine Companies: Engine 6 (6713 Weber Road) with 1,936 responses in calendar year 2014. Engine 8 (4645 Kostoryz Road) with 2,647 responses in calendar year 2014. Engine 10 (1550 Horne Road) with 3,497 responses in calendar year 2014. According to 2014 Call Data, the area where Station 18 would have been located accounted for 952 fire and EMS calls within a one -mile radius. Engines and ambulances from other stations have been responding to these calls over the years. This data is for illustration only. Fire Station 18 will be first -call engine for Los Encinos Elementary School, Galvan Elementary School, Bishop Garriga Middle School, John Paul 11 High School, Cabiness Air Field, and Cabiness Sports Complex. When construction is completed and the Station becomes operational, response times should improve in the surrounding area, especially along Saratoga Boulevard from Greenwood to Kostoryz: on Ayers from SPID to the Landfill; and on the Crosstown Express. ALTERNATIVES: Do not build Fire Station 18 at this time. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance 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 Encumbered / Expended Amount $186,900 $1,617,800 $1,804,700 This item BALANCE $186,900 $1,617,800 $1,804,700 Fund(s): Comments: None RECOMMENDATION: Council approval of a Resolution to proceed with the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers LIST OF SUPPORTING DOCUMENTS: Resolution Number Of Calls 7000 6000 5000 4000 3000 2000 1000 0 Change in CaII Volume 2010 - 2014 2010 2011 2012 2013 2014 Stations 1 2 3 -4-5-6-7-8-9-10 -11-12 -13 -14 -15 16 -17 X18 Decrease Increase Change in All Calls Received by Station 2010 - 2014 Station # 2010 2011 2010 - 2011 % Change 2012 2011 - 2012 % Change 2013 2012 - 2013 % Change 2014 2013 - 2014 % Change 1 2876 2938 2% 3095 5% 3426. 11% 3607 5% 2 2284 2422 6% 2684 11% 2586 -4% 2774 7% 3 5104 5337 5% 5881 10% 6257 6% 6403 296 4 1937 2105 9% 2204 5% 2134 -3% 2194 3% 5 1372 1263 -8% 1388 10% 1578 14% 1562 -1% 6 2506 2839 13% 3037 7% 3093 2% 3222 4% 7 3015 3003 0% 3307 10% 3289 -1% 3317 1% 8 2928 3182 9% 3139 -1% 3326 6% 3329 0% 9 2080 2279 10% 2536 11% 2625. 4% 2538 -3% 10 5135 5191 1% 5771 11% 6129 6% 6109 0% 11 2.687 2876 7% 3059 6% 3143 3% 3339 6% 12 530 538 2% 550 2% 534 -3% 634 19% 13 2324 2309 -1% 2543 10% 2513 -1% 2779 11% 14 3032 3061 1% 3303 8% 3628 10% 3813 5% 15 774 837 8% 855 2% 884 3% 950 7% 16 76 106 120 13% 125 4% 129 3% 31 17 801 891 11% 1071 20% 1108 3% 1278 15% 18 2772 2671 -4% 2977 11% 3240 9% 3253 096 Resolution Authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Council resolves to proceed with the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers. SECTION 2. The City Manager or designee is authorized to proceed with procurement of the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers. SECTION 3. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 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 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 15, 2015 Second Reading Ordinance for City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager November 10, 2015 FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 License Agreement with Nueces County for Youth Sports League at LyondellBasell Park CAPTION: Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for South Texas Elite Youth Football League use of LyondellBasell Park on Haven Drive for youth football program with option to extend for two additional years. PURPOSE: To approve the lease of youth sports fields co -managed by the Nueces County Parks Department to the South Texas Elite Youth Football League. BACKGROUND AND FINDINGS: Oxy Petrochemicals Inc. donated property that included 31 acres to the City of Corpus Christi and Nueces County as tenants in common on April 28, 1997. Once known as Oxy Chem Park this property is now known as LyondellBassell/Equistar Park and is located near the intersection of McKinzie Road and Haven Drive. The deed requires that this property be used as a youth sports facility. The Nueces County Parks Department (NCPD) and County Commissioner Mike Pusley are enhancing the Park and the adjacent property to improve the recreation and athletic facilities available to residents in Northwest Corpus Christi. The NCPD maintains the parks and manages all youth sports league leases on behalf of both entities. ALTERNATIVES: Not approve OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve all leases of city property EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount (3/14/14) This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance License Agreement Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for South Texas Elite Youth Football League use of LyondellBasell Park on Haven Drive for youth football program with option to extend for two additional years. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute a License Agreement with Nueces County for South Texas Elite Youth Football League use of LyondellBasell Park on Haven Drive for youth football program with a two-year term with option to extend for two additional years. A copy of the agreement is shall be filed in the Office of the City Secretary. 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Zo 1 SsCZtpZ LICENSE AGREEMENT This license agreement (hereinafter referred to as "Agreement") is entered by and between Nueces County ("County"), acting through its duly authorized agent whose business address is 901 Leopard, Room 303, Corpus Christi, TX 78401 and City of Corpus Christi ("City"), a Texas Home Rule Municipal Corporation, acting through its duly authorized City Manager or designee whose business address is 1201 Leopard, Corpus Christi, TX 78401 (hereinafter City and County is referred to as "Licensor"), and South Texas Elite Youth Football League acting through its authorized agent, Chris Quitugua, whose business address is P.O. Box 260452, Corpus Christi, Texas 78426, Corpus Christi, Texas ("Licensee"). For and in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: PURPOSE AND TERM Article 1. Licensor hereby grants to Licensee the privilege and license to use a specified area of Licensor co -owned property located at LyondellBasell Park, Haven Drive in Northwest Corpus Christi (the "Venue") located in Nueces County, Texas during the Term of this Agreement for the purpose of operation of a youth sports program, specifically football program and for no other purpose. Venue is identified by diagram (Attachment "A"). The "Term" of this Agreement shall be for a two (2) year term with extensions of two (2) year increments unless this License Agreement is terminated as defined in Article 26. For an Extension, Licensee shall provide thirty (30) days written notice of its intent to extend the term prior to the expiration of the Term. Said notice is to be provided pursuant to Article 22. Licensee's "Times of Occupancy" of Venue during Term shall be limited as detailed herein. It is agreed that Licensee shall be the occupant of Venue October 14, 2015 through October 13, 2017 and any extension unless terminated as defined in Article 26. Licensor and Licensee shall use the Venue pursuant to Article 4. Licensor shall reserve the right to allow the public's use of venue during Times of Occupancy when Licensee is not using the Venue pursuant to Article 4. CONTACT PERSON/ADMINISTRATOR OF LICENSE AGREEMENT Article 2. For this License Agreement, the contact person and License Administrator for the Licensor (County and City) is the Nueces County Director of Inland parks or his designee ("Director"). Page 1 1 LICENSE FEE/CONSIDERATION Article 3. As consideration for the grant of the license herein and for the use of the Venue as identified herein Licensee agrees as follows. Licensee agrees to use the Venue for its youth sports program, specifically football and for no other purpose. Licensee agrees to maintain the Venue and any improvements in a year round basis in accordance with all maintenance rules prescribed by Licensor and any rules promulgated in the future, specifically set out in Article 13 of this Agreement. Failure to maintain the Venue and all improvements in accordance with these rules constitutes grounds for termination of this Agreement. JOINT USE Article 4. Licensor retains joint use of the venue and improvements during the term of this Agreement, subject to Licensee's right to the Venue during its Times for Occupancy for youth sports program purposes. Licensee must not deny access to or use of the Venue to the general public for unorganized activities when the Venue is not being used by Licensee during Times of Occupancy. Licensor reserves the right to schedule organized activities at Venue. Requests for scheduled organized activities by other organizations or public use will be reviewed for approval or denial by the Director. Licensor shall provide Director with notice of all Licensee scheduled activities. REPRESENTATIONS, WARRANTIES & COVENANTS Article 5. Licensor hereby represents and warrants to Licensee that Licensor can enter into this Agreement and/or operates the Venue and has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon Licensor in accordance with the terms hereof. Licensee hereby represents and warrants to Licensor that it has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensee agrees that this Agreement is a valid obligation of Licensee and is binding upon Licensee in accordance with the terms hereof. Licensee shall keep the Venue in an orderly condition while in use. Page 1 2 COMPLIANCE WITH LAWS Article 6. During the Term, Licensee shall obey and comply with all laws, ordinances, and regulations of all federal, state, county, or municipal authorities and with all notices, reasonable requirements and reasonable recommendations of any insurance organizations, associations, or companies with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR FROM ALL LOSS OR DAMAGE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS' FEES, FROM LICENSEE'S FAILURE TO ABIDE BY ANY SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS LICENSOR AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS OR LIABILITY OF ANY CHARACTER, TYPE OR DESCRIPTION WHETHER FIXED OR CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT OR PURSUANT TO STATUTE, AND WHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES BOTH ACTUAL AND EXEMPLARY, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHETHER NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN PART FROM THE NEGLIGENCE OF LICENSOR AND NUECES COUNTY, TEXAS AND THEIR RESPECTIVE EMPLOYEES. IT 15 THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY AND PROTECT LICENSOR AND THEIR RESPECTIVE EMPLOYEES FROM THE CONSEQUENCES OF LICENSOR'S AND THEIR RESPECTIVE EMPLOYEES' AND CONTRACTORS OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR CONTRACTORS. THE INDEMNIFICATION PROVISIONS CONTAINED THROUGHOUT THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Page 1 3 INSURANCE REQUIREMENTS Article 8. Licensee shall maintain and pay all premium costs and deductibles, if any, for the following insurance coverages in amounts not less than specified through the duration of the Term as required by Attachment "B" entitled "INSURANCE REQUIREMENTS". INTEGRATION CLAUSE Article 9. This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this agreement, and contains all of the covenants and agreements between Licensor and Licensee with respect to the subject matter. Both Licensor and Licensee acknowledge that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not set forth in this Agreement, and that no agreement, statement, or promise not contained this Agreement shall be valid or binding. FORCE MAJEURE Article 10. The failure of any party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "Force Majeure Occurrence" shall be defined to include, without limitation, Act of God, strike, labor disputes, war, fire, earthquake, actions of public enemies, acts of terrorism, epidemic, action of federal, state, or local governmental authorities or an event or reason beyond the reasonable control of a party. ORDINANCES, LAWS AND REGULATIONS Article 11. The Licensee shall comply with all federal, state, and local ordinances, laws and regulations pertaining to the operation of any events contemplated herein. It shall be the obligation of the Licensee to apply for, pay for, and obtain all permits and licenses as required by the various agencies of federal, state, and local governments and agencies. Page 1 4 UTILITIES Article 12. County shall pay utilities costs, including electricity, and sewage pursuant to budgetary appropriations. If no appropriation, Licensee acknowledges and agrees to pay all utility costs, including electricity, and sewer, associated with Venue. County will provide thirty (30) days written notice to Licensee of its utility budgetary non -appropriation beginning September 1 of every year. Licensee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with Licensor standards, the City shall not charge Licensee for water used by Licensee to maintain the fields at the Venue, up to maximum number of gallons set by City Director of Parks and Recreation each calendar year. County will be responsible to arrange and pay for trash removal service. MAINTENANCE/REPAIRS Article 13. At a minimum, maintenance includes: (A) Licensee shall pickup and properly dispose of litter on a daily basis whenever the Venue is being used and weekly during the rest of the year. Licensor will provide the receptacles. (B) Licensee shall keep fully operational and in good repair any improvements at the Venue, including but not limited to the fields and bleachers, which are located on the Venue. Unless otherwise agreed to, Licensor has no responsibility for maintenance or repair to the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas. However, unless otherwise agreed to, Licensors have no responsibility to repair or replace any damages to Venue or improvements at the Venue caused by vandalism or caused by any other reason. (D) Licensee must keep safe and in good repair the bleachers, if any. Licensee must repair the bleachers immediately upon discovery of damages. (E) Licensee shall maintain the sports fields within the Venue boundary lines. Grass on the sports fields must not exceed three (3) inches. Licensee must mow the sports fields within one (1) week after the grass reaches three (3) inches in height. At least one month prior to the start of any season or preseason practice, the fields must be gradually cut shorter and brought into playing condition. Licensee shall be responsible, at their sole cost, for winterizing, weeding and feeding, and providing iron on the practice and playing fields in accordance with the industry standards as Page 15 required to properly bring the fields back to playing condition. Failure to keep the grass on the sports fields at or below three(3) inches in height or to properly bring the field back to playing condition will be grounds for termination of the Agreement. (F) Licensee will provide normal scheduled mowing of the Venue. Licensee will be responsible for maintaining the sports fields as set out herein. Furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) inches. (G) If restroom facilities are not available, Licensee must provide portable toilets for public use whenever Venue is being used for league activity. The portable toilets must be serviced and sanitized at least once a week or as often as the circumstances required as determined by the Director or his designee. (H) Licensee shall ensure that no parking is allowed on grass area of any playing or practice field. (I) If Licensee uses goal posts on the Venue, Licensee shall maintain a secure anchoring system on all goal posts used on the fields at the Venue. Licensee must repair any deficiency found in the anchoring system that impairs the safe use within forty-eight (48) hours after the need for repair is or should have been discovered. Licensee shall not allow use of the Venue until the anchoring system is repaired. (J) Licensee is responsible for proper installation and use of all equipment and improvements at the Premises. (K) Licenses must maintain a First Aid kit at the Venue. (L) Licensee must complete and submit the attached Attachment C, Standard of Maintenance Sports Field Checklist, to the Director no later than March 1 and August 1 of each year. During the months of May and December, County employees will perform inspections to confirm compliance with standards of maintenance. Inspection of Venue. Licensor has the right to inspect the Venue and/or improvements at any time during the term of this Agreement. Specifically, prior to and at the conclusion of each year, under the Term of the Agreement, a walk- through of the Venue will be conducted by Licensor and Licensee to note the condition of Venue. If an inspection reveals that maintenance is not being properly carried out, Director may provide written notice to Licensee demanding compliance. If Licensee has not complied within five (5) days after receipt of the demand, the County may undertake the work and Licensee shall pay the County's cost plus ten (10) percent overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this License. Alternatively, the Licensor may elect to terminate this Agreement after (10) days written notice to Licensee. Page 1 6 Repairs. Licensee shall be responsible for repairing any portion of Venue damaged by Licensee, participants, event attendees, or invitees of Licensee. ALTERATIONS TO VENUE Article 14. Licensee agrees that it will not make any permanent alteration or physical additions ("Improvements") to Venue with Licensor's prior written consent. No alterations or improvement to the Venue are required for Licensee's use. All approved Improvements will be property of Licensor at the expiration of Termination of the Agreement. AUDIT OF LICENSEE Article 15. Licensor shall be allowed access to Licensee's financial books and records for auditing purposes. Licensee shall maintain and cause any contractors and subcontractors, relating to Improvements, to maintain satisfactory financial accounting documents and records and shall make them available for examination and audit by the Licensor on a quarterly basis and upon request. Licensor reserves the right to audit any of the Licensee's accounts related to this Agreement. Licensee will permit Licensor (and its agents) to inspect any and all pertinent records, file, information, and other written materials pertaining to this Agreement. Records shall be available upon Licensor's request. RELATIONSHIP OF THE PARTIES Article 16. Nothing contained in this Agreement will be deemed to constitute Licensor and Licensee as partners or joint ventures with each other. Each party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way. Licensee agrees that it will be solely responsible for the payment of all costs as specified in this Agreement. Licensee shall have no right, authority, or power to bind Licensor under this License for any claim for labor or material or for any other charge or expense incurred by neither Licensee nor subject Licensor to any lien or right of lien for any labor or material or other charge or expense. If any involuntary liens for labor and materials supplied or claimed to have been supplied to the Venue shall be filed, Licensee shall promptly pay or bond such liens to Licensor's reasonable satisfaction or otherwise obtain the release or discharge thereof. Page 1 7 ASSIGNMENT Article 17. Neither this Agreement nor any part hereof shall be transferred, conveyed or assigned by Licensee without prior written consent of Licensor, such as professional or sanctioned tournaments. Any activity or tournament allowed to take place at the Venue shall be the responsibility of Licensee to indemnify and insure in accordance with this Agreement. APPLICABLE LAW Article 18. The validity of this Agreement, the terms, provisions, or articles, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of Texas. MODIFICATION Article 19. No prior or contemporaneous oral or written promises or representation will be binding on the parties hereto. This Agreement will not be amended or changed except by written agreement signed by both parties thereto. NO WAIVER OF RIGHTS Article 20. If either party fails to enforce any of the provisions of this Agreement or any rights or fails to exercise any election provided in the Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either party to exercise any of these provisions, rights or elections will not preclude or prejudice such party from later enforcing or exercising the same or any other provision, right or election which it may have under this Agreement. SEVERABILITY Article 21. If any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated. NOTICES Article 22. All notices given hereunder shall be in writing and shall be deemed to have been duly given if delivered personally with receipt acknowledged or sent by registered or certified mail or equivalent, if available, return receipt requested (which shall be confirmed by a writing Page 1 8 sent by registered or certified mail or equivalent on the same day that such notification is sent), or by nationally recognized overnight courier for next day delivery, addressed or sent to the parties at the addresses set forth: Chris Quitugua, President of South Texas Elite Youth Football League, at P.O. Box 260452, Corpus Christi, TX 78426; Nueces County, County Judge, 901 Leopard Room 303, Corpus Christi, TX 78401; and City of Corpus Christi, at Corpus Christi City Hall, 1201 Leopard Street, Attn: Director of Parks and Recreation, Corpus Christi, Texas 78401. SURRENDER OF VENUE AT END OF TERM/HOLDOVER Article 23. Upon the expiration or termination of Term of this Agreement, Licensee shall vacate and surrender to Licensor, the Venue, and Licensee shall at Licensee's sole expense, remove all property of Licensee, other than Improvements, and pay for all damages to the Venue including all damages cause by removal of Licensee's property, and restore the Venue to the condition in which it was prior to the Agreement. Any property remaining at the Venue shall be deemed abandoned by Licensee and may be retained or disposed of by Licensor in any manner that Licensor may see fit, without prejudice to Licensor's rights against Licensee for failure to remove such property, and Licensor shall not be required to pay or account to Licensee for the value of proceeds derived from any sale of such property remaining at the conclusion of the Term. In the case of any holding over or possession by Licensee after expiration of Term or earlier termination of this License, Licensee shall pay Licensor a monthly fee to be determined by the County. Further, in the event Licensee shall hold over beyond any date for surrender of Venue set forth in Licensor's written demand for possession thereof, Licensee shall reimburse Licensor for all actual expenses and losses incurred by Licensor by reason Licensor's inability to deliver possession of Venue to another, together with interest on such expenses at maximum interest rate allowed by law from the date such expenses are incurred until reimbursed by Licensee, together with Licensee's reasonable attorney's fees, charges and costs. The acceptance of the monthly payment by the Licensor, as provided in this paragraph, shall not constitute an extension of the Term of this License or afford Licensee any right to possession of the Venue beyond any date through which such rent has been paid by Licensee and accepted by the Licensor. Such monthly fee shall be due to the Licensor for the period of such holding over, whether or not the Licensor is seeking to evict Licensee; and, unless the Licensor otherwise agrees in writing, such holding over shall be, and shall be deemed and construed to be, without the consent of the Licensor, whether or not the Licensor has accepted any sum due pursuant to this paragraph. Page 1 9 TITLES FOR CONVENIENCE ONLY Article 24. The titles appearing in connection with the various Articles of this Agreement are for convenience only. They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any other purpose in the event of any controversy. SECURITY, STAFFING AND OTHER ITEMS Article 25. Licensee expressly agrees to provide security, for Licensee sponsored, approved, or facilitated events, herein "Events," at Venue during Times of Occupancy during Term and any and all staffing for Events. Licensee shall provide at its sole cost adequate qualified personnel for Event day traffic control. Licensee is responsible for providing its own coaches, assistant coaches, trainers, referees or other necessary officials for the Events, timekeepers, game clock operators, public address announcers, and any medical personnel for the players. This is not an exhaustive list. Licensor is not responsible for any payment due to these staffers and parties expressly acknowledge that these are not Licensor's employees. In addition, Licensee, in connection with each Event to which this License applies shall furnish or arrange to furnish at its own expense: 1. Equipment and uniforms for players 2. All applicable licenses, if applicable for the Event. TERMINATION WITHOUT FAULT/TERMINATION FOR DEFAULT Article 26. Termination without fault. Licensor and Licensee have the right to terminate this Agreement without fault by providing thirty (30) days written notice to the other party. Termination for default. If Licensee defaults in the performance of this Agreement or materially breaches any of its provisions and does not cure such default or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination. Licensor may terminate Licensee's right to possession to the Venue, the enjoyment of the issues and profits there from reenter and take possession of the Venue and remove all persons and property there from with or without process of law, without being deemed guilty of any Page 1 10 manner of trespass and without prejudice to any remedies for arrears in payment or costs incurred due hereunder or existing breaches hereof. Licensor does not waive its rights to pursue all applicable legal remedies, including but not limited to breach of contract claims based upon non-performance by Licensee. NO WAIVER OF GOVERNMENTAL FUNCTION Article 27. No provision or covenant of this License shall constitute a limitation or waiver of the right of the Licensor to perform its governmental functions and the performance of such functions shall not constitute a default hereunder. AMENDMENT/WAIVER Article 28. No alteration, amendment or modification hereof (including this Section) shall be valid unless executed by an instrument in writing by the Licensor and Licensee with the same formality as this License. Without limiting the generality of the preceding sentence, no course of conduct among the parties shall constitute an alteration, amendment or modification of this License. The failure of the Licensor or the Licensee to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, provisions or conditions of this License or to exercise any covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by the Licensor or Licensee of any covenant, agreement, term, provision or condition of this License shall be deemed to have been made unless expressed in writing and signed by an appropriate official on behalf of the Licensor or the Licensee. CHOICE OF LAW Article 29. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. CHOICE OF FORUM Article 30. Any disputes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces County, Texas. Page I 11 CONSTRUCTION Article 31. The language used in this License will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. This License will not be construed against drafter. SIGNATURES: EXECUTED ON I ;f D r LICENSORS: NUECES COUNTY Samuel Loyd Neal, Jr. Nueces County Judge ATTESTED: By: 4:1AR_ Kara Sands, County Clerk LICENSEE: 2015, Nueces County, Texas. CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager Approved es b torn 1 t- 1 C_ r5 -tA-A? Lisa Agin: Assistant CIty Attorney For City Attorney EXECUTED ON 2015, Nueces County, Texas BY: Chris Quitugua, President South Texas Elite Youth Football League Page 1 12 EXHIBIT B INSURANCE REQUIREMENTS I. LICENSEE'S LIABILITY INSURANCE A. Licensee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Licensee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Licensee must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi and Nueces County must be named as additional insured on the General liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation, material change, non -renewal is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: I. Commercial Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury — Advertising Injury $1,000,000 Combined Single Limit C. In the event of accidents of any kind, Licensee must furnish the City's Risk Manager with copies of all reports of any accidents within 10 days of accident. 11. ADDITIONAL REQUIREMENTS A. Licensee's financial integrity is of interest to the City and County; therefore, subject to Licensee's right to maintain reasonable deductibles in such amounts as are approved by the City, Licensee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Licensee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -(V11). B. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Licensee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Licensee 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. 0. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555 — Fax # C. Licensee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City of Corpus Christi and Nueces County and their officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City and the County, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi and Nueces County where the City and the County are additional insureds' shown on the pol icy; • Provide thirty (30) calendar days advance written notice directly to City of Corpus Christi and Nueces County 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. D. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to City and County. City and County shall have the option to suspend Licensee'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 contact. E. In addition to any other remedies the City and County may have upon Licensee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City and County shall have the right to order Licensee to stop work hereunder, and/or withhold any payment(s) which become due to Licensee hereunder until Licensee demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payments of damages to persons or property resulting from Licensee's or its subcontractors' performance of the work covered under this agreement. G. It is agreed that Licensee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi and Nueces County for liability arising out of operations under this contract. H. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST Due each March 1 and August 1 each year of the Agreement SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature Print All Leagues will be expected to complete this self -inspection checklist form semi annually. Due date [March 1 and August 1] each year of the Lease. The City of Corpus Christi will do an inspection during the months of May and December. Each league Is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of [March 1 & August 1] each year of Leases the League will be assessed a fee of S250.00 per site Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. PLAYING SURFACE Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. 11 f ] 2. The soil Is too compacted to provide good drainage. [ 1 [ ] 3. The playing area has low spots, holes, or is not level and should be dragged/re-graded. (] [ ] 4. There Is a hazardous soil buildup (lip) between the playing area and the turf. [ 1 [ 1 5. The playing area has unsafe wet spots and/or puddles. [11 ] 6. Maintenance equipment such as rakes, hoses, etc. have been left on the field. s [ F [111 7. Utter and unsafe debris is scattered around the playing area and player/spectator areas. [ [ [ ] 8. The supply and location of waste cans s Inadequate. (] ([ 9. If available at Venue, sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [] [] 10. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [] [] 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrooms. [] [ 1 12 There are unsafe bare spots in turf with a hard soil surface exposed. 1] [ 1 13. The surface Is uneven because of soil grade. 1] [ 1 14. Soil is too wet or drains poorly making an unsafe running surface. 1 ] [ 1 15. Turf Is not uniform in texture, density, or height making an unsafe playing surface. [] [ ] 16. Turf irrigation comes on during games. 1 ] [ 1 17. Turf Is not stable and "blow -outs" frequently occur. 1 ] (] 18.Weeds are present with thorns, bristles, or burrs. 1] [] 19 Moles, gophers or other animals have caused mounds or holes, 1111 20. Hazardous ruts occur on the field from mowing equipment or trenching. COMMENTS FENCING (If available at Venue) Yes No 111] 1. Fence posts are loose or improperly set in the ground. [] [ 1 2. Fence posts are on the inside of the playing area fence. 1 1 [ [ (] 3. Concrete footings are exposed above ground. [ ] [ [ 4. Fencing is not securely attached to the fence posts with loose or broken ties. ( ] (] 5. There are unsafe gaps under fencing. [ ] (] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fendng are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 10. Gates are left open during games. COMMENTS SIGNS Yes No ( ] [ ] 1. S ens are In good condition. [ ] [ ] 2. Sign with Parks and Recreation phone number for complaints or concerns. [ ] [ ] 3. No parking in grass . [ ] [ ] 4. Sportsmanship signs with league rules, guidelines, and possible consequences. ] ] [ ] 5. ADA Handicap parking spots. ] [ [ ] 6. Adequate traffic markings. [ ] [ ] 7. Maintenance area "keep out". COMMENTS ti 3 CONCESSION STAND / RESTROOMS (if available at Venue) Yes No [ 1 1 ] 1. Health permits posted. 1 1 1 1 2. Food handlers cards on file. [ [ (] 3. Appropriate signs for doorways. [ ] [ 1 4. Cleanliness of restrooms and concession area. [ ] [ ] 5, Condition of buildings. COMMENTS LIGHTING (if available at Venue) Yes No [] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. 2. There are burned out lights. 3. The beam direction of the lights are out of ad[ustment. 4. The lighting grid pattern on the field is uneven or irregular. 5.'The lighting foot-cand'es do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No I ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] (] 2. The guard rails are loose or missing. [ 1 [ ] 3. The plank or railing end caps are loose or missing. 1 I 1 [ 1 4. Wooden planks are worn out or splintered. 1 ] [ 1 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ [ 1. The chalking material used 1s irritating to the eyes. [ ] [ [ 2. There are no warning signs posted informing players or spectators of use rules or hazardous 1 conditions. ] [ ] [ ] 3. There are no public telephones available for emergency situations. [ ] 1 1 4. Areas that are hazardous or under repair have not been blocked off or identified. 1 ] [ 1 5. There is currently no communication between the maintenance staff and the facility [ ] ACOMMENTS [ users. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 15, 2015 Second Reading Ordinance for the City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager November 16, 2015 FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 FY15 Elderly Nutrition Program (ENP) Grant Award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $48,225 grant funding from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2015 Senior Community Services, Elderly Nutrition Program. PURPOSE: Appropriate grant funds for the FY15 Elderly Nutrition Program. BACKGROUND AND FINDINGS: The Elderly Nutrition Program (ENP) is made available through the Area Agency on Aging of the Coastal Bend and through this appropriation provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program based on FY 2015 Funding Amounts as authorized by the Coastal Bend Council of Governments. The fund authorization period is effective October 1, 2014 through September 30, 2015. Total funding amounts for the Elderly Nutrition Program (ENP) Grant FY15 are $679,356, of which $631,131 has already been appropriated. This grant requires a minimum of 10% City matching funds which is met through funds budgeted in General Fund 1020, Senior Center Operations. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling & Advocacy Program of Texas (HICAP). The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We served 80,482 congregate meals; 85,474 home delivered meals; 37,429 Title XX Meals on Wheels; 12,012 Title XIX Meals; 27,374 Managed Care meals; 238 Sponsored Meals for a total of 243,009 meals and 244 hours of Benefits Counseling service units during fiscal year October 2014 through September 2015. ALTERNATIVES: Eliminate the Elderly Nutrition Program services. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive and appropriate grant funds on an annual basis for the continuation of the Elderly Nutrition Program. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: This grant requires a minimum of 10% City matching funds, which were appropriated as part of the FY15 City budget General Fund. X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $631,131 $631,131 Encumbered / Expended Amount 0 0 This item $ 48,225 $ 48,225 BALANCE $ 679,356 $679,356 FUND(S): The revenue from this reimbursement program is budgeted in the Parks & Recreation Grant Fund 1067; Project/Grant 810815F. Comments: N/A RECOMMENDATION: Staff recommends that City Council accept the FY15 Grant Award. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment — NFA - Notification of FY15 Grant Funding Amount Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $48,225 grant funding from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2015 Senior Community Services, Elderly Nutrition 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 execute all documents necessary to accept and appropriate $48,225 grant funding from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services, Elderly Nutrition Program. 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor COASTAL BEND Aging & Dlsabi ity (Resource Center 9.4. 40 04.3 [rormawni //Area Agency on Aging OFflg COASTAL DD COASTAL BEND COUNCIL OF GOVERNMENTS August 7, 2015 Ms. Lisa Oliver, Superintendent City of Corpus Christi - Parks & Recreation Dept. Post Office Box 9277 Corpus Christi, Texas 78469 Re: NFA (Notification of Funds Available) for FY2015 Dear Lisa: Enclosed is your second allocation for FY2015. These funds are provided under the Title II1 of the Older Americans Act of 1965, as amended. Please consider this your final award for FY2015 ending September 30, 2015. If you have any questions about the enclosure, please call the office or send your inquiry by email. Sincerely, Betty Lamb, Director Area Agency on Aging enclosure S.A6mAnexiAdriIMANFAhYISMFAQ,11ttlCC 6715 cc: Aldilia Saldivar Finance - Federal Grants LOCATION: 2910 LEOPARD STREET, CORPUS CHIRSTI: TEXAS 78408 MAILING: POST OFFICE BOX 9909; CORPUS CHIRSTI TEXAS 78469 www.aaacoastalbend.org PHONE: (361) 883-3935 TOLL FREE: 1-800-817-5743 FAX: (361) 883-5749 The Area Agency on Aging Is funded in part by the Texas Department of Aging and Disability Services NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND POST OFFICE BOX 9909 CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: Ms. Lisa Oliver, Superintendent City of Corpus Christi Parks & Recreation Department Post Office Box 9277 Corpus Christi, Texas 78469 Date: August 7, 2015 CONTRACT PERIOD: 10/01/2014 - 09/30/2015 CONTRACT NUMBER: AA3-1148-4 AWARD ISSUANCE NUMBER: 2 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments — Area Agency on Aging Coastal Bend Aging and Disability Resource Center for the period October 1, 2014 through September 30, 2015. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. PROGRAM FY15 FY15FY15 FY15 Prior Contract Title III Award F NSIP Award Cumulative Award this Action (1) Award CONGREGATE MEALS III -C 1 /SGR/NSIP $ 27,780.00 HOME DELIVERED MEALS III C2/SGR/NSIP $ 30,725.00 SUPPORTIVE SERVICES III -B $ 3,655.00 TOTAL AWARD $ 62,160.00 $228,462.00 $261,154.00 $ 8,050.00 $ 66,711.00 $322,953.00 $ 52,819.00 $ - 0 - $11,705.00 $497,666.00 $119,530.00 5679,356.001 (1) This award represents final funding for FY15. The final award includes funding from the Nutrition Services Incentive Program (NSIP), as well as carryover funds from FY2014. John/ . Buckner, Executive Director Coa tal Bend Council of Governments 6 AgminAssepalAAAlY.ndorffY 14INFA ,L' Nr'S ^ �^ cc ildriana Berlanga Finanr:e Federal Grants 8� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 15, 2015 Second Reading Ordinance for the City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager December 1, 2015 FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Ordinance authorizing acceptance and appropriation of the FY16 Elderly Nutrition Program (ENP) Grant Award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $635,079 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2016 Senior Community Services, Elderly Nutrition Program. PURPOSE: Appropriate grant funds for the FY16 Elderly Nutrition Program. BACKGROUND AND FINDINGS: The Elderly Nutrition Program (ENP) is made available through the Area Agency on Aging of the Coastal Bend and through this appropriation provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program based on FY2016 Planning Amounts as authorized by the Coastal Bend Council of Governments. The fund authorization period is effective October 1, 2015 through September 30, 2016. Total planning funding amounts for the Elderly Nutrition Program (ENP) Grant FY16 is $635,079. This grant requires a minimum of 10% City matching funds which is met through funds budgeted in General Fund 1020, Senior Center Operations. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling & Advocacy Program of Texas (HICAP). The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 83,052 congregate meals; 64,991 home delivered meals; 46,291 Title XX Meals on Wheels; 14,278 Managed Care meals; for a total of 208,612 meals and 355 hours of Benefits Counseling service units during fiscal year October 2015 through September 2016. ALTERNATIVES: Eliminate the Elderly Nutrition Program services. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive and appropriate grant funds on an annual basis for the continuation of the Elderly Nutrition Program. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $ 635,079 $ 635,079 BALANCE $ 635,079 $ 635,079 FUND(S): The revenue from this reimbursement program is budgeted in the Parks & Recreation Grant Fund Comments: This grant requires a minimum of 10% City matching funds, which were appropriated as part of the FY2016 City budget General Fund. RECOMMENDATION: Staff recommends that City Council accept the FY2016 Grant Award. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment - Area Agency on Aging of the Coastal Bend, FY2016 Contracting Plan Summary Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $635,079 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2016 Senior Community Services, Elderly Nutrition 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 execute all documents necessary to accept and appropriate a $635,079 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY2016 Senior Community Services, Elderly Nutrition Program. 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Area Agency on Aging of the Coastal Bend Fiscal Year 2016 Contracting Plan Summary (1) Based on Title III, SGR, and NSIP Planning Allocations (2) (3) 10/1/2015 Provider Service Area FY2016 PLANNING FUNDS FY2016 DADS -III FUNDED SERVICES, UNIT RATES & PERSONS SERVED CONTRACT METHODOLOGY Title III/SGR NSIP Ping Total DADS Ping Budget Budget Ping Amt (2)(3) (2) (3) (2)(3) DADS FY16 Est'd Persons Total DADS Monthly Reimbursement Served Units Funded Benchmark Unit Rate (DADS Funded) Units for DADS Units Contract Type Aransas Co. Council on Aging Aransas Co. Congregate Meals $ 12,680 $ 7,838 $ 20,518 9,560 3,293 274 $ 6.23 90 Vendor -Unit Rate Home Delivered Meals 54,426 17,466 71,892 23,447 14,524 1,210 4.95 57 Vendor -Unit Rate Total 67,106 25,304 92,410 N/A N/A N/A City of Corpus Christi Congregate Meals City of Corpus Christi 235,807 68,396 304.203 83,052 40,942 3,412 7.43 1,247 Contract -Unit Rate Home Delivered Meals 261,530 54,725 316.255 79,269 63,890 5,324 4.95 483 Contract -Unit Rate Benefits Counseling 14,621 0 14,621 355 325 27 44.99 162 Contract -Unit Rate Total 511,958 123,121 635.079 N/A N/A N/A N/A Community Action Agency on South Texas (2) Congregate Meals Jim Wells, Brooks & 194,090 $ 43,515 237,605 60,250 46,227 3,852 5.14 438 Contract -Unit Rate Home Delivered Meals San Patricio & Bee 142,393 $ 27,548 169,941 42,321 34,333 2,861 4.95 257 Contract -Unit Rate Transportation Counties 52,741 0 52,741 9,000 8,968 747 5.88 107 Contract -Unit Rate Total 389,224 71,063 460,287 N/A N/A N/A Duval County Congregate Meals Duval County 29,502 27628 57,130 35,390 11,755 980 4.86 222 Vendor -Unit Rate Home Delivered Meals 34,853 15182 50,035 24,267 7,189 599 6.96 75 Vendor -Unit Rate Total 64,355 42,810 107,165 N/A N/A N/A N/A Kleberg County Congregate Meals Kleberg & Kenedy Co. 46,781 18031 64,812 26,200 12,275 1,023 5.28 130 Vendor -Unit Rate Home Delivered Meals 35,966 16759 52,725 14,849 10,652 888 4.95 105 Vendor -Unit Rate Total 82,747 34,790 117,537 N/A N/A N/A N/A Area Agency on Aging of the Coastal Bend Fiscal Year 2016 Contracting Plan Summary (1) Based on Title III, SGR, and NSIP Planning Allocations (2) (3) 10/1/2015 Page 2 Provider Service Area FY2016 PLANNING FUNDS FY2016 DADS -III FUNDED SERVICES, UNIT RATES & PERSONS SERVED CONTRACT METHODOLOGY Title III/SGR NSIP Ping Total DADS Ping Budget Budget Ping Amt (2)(3) (2) (3) (2)(3) DADS FY16 Est'd Persons Total DADS Monthly Reimbursement Served Units Funded Benchmark Unit Rate (DADS Funded) Units for DADS Units Contract Type Live Oak County Home Delivered Meals Live Oak Co. $ 36,376 $ 8,276 $ 44,652 9,738 9,021 752 $ 4.95 57 Vendor -Unit Rate Nueces County Congregate Meals Rural Nueces Co. 35,576 15919 51,495 25,686 10,424 869 4.94 191 Vendor -Unit Rate Home Delivered Meals 42,411 11545 53,956 23,130 10,900 908 4.95 69 Vendor -Unit Rate Transportation 19,521 19,521 8,817 4,905 409 3.98 101 Vendor -Unit Rate Total 97,508 27,464 124,972 N/A N/A N/A N/A Refugio County Refugio Co. Home Delivered Meals 23,208 4277 27,485 7,158 5,553 463 4.95 61 Vendor -Unit Rate Transportation 9,972 9,972 3,884 276 23 36.15 55 Vendor -Unit Rate Total 33,180 4,277 37,457 N/A N/A N/A N/A Jean Fields, R.S., R.D., L.D. 12 County CB Region 31,106 31,106 N/A N/A N/A N/A N/A Contract - Cost Nutrition Consultant Reimbursement Region -wide Totals: Total Congregate Meals $ 554,436 $ 181,327 $ 735,763 240,138 124,916 10,410 $ 5.89 2,318 Total Home Delivered Meals $ 631,163 $ 155,778 $ 786,941 224,179 156,062 13,005 $ 5.04 1,164 Total Title IIIB Transportation Services $ 82,234 $ - $ 82,234 21,701 14,149 1,179 $ 5.81 263 Total Title IIIB Legal Assistance $ 14,621 $ - $ 14,621 355 325 27 $ 44.99 162 Total Nutrition Consultation $ 31,106 $ - $ 31,106 N/A N/A N/A Total Region -wide Services $ 1,313,560 $ 337,105 $ 1,650,665 486,373 295,452 1,650,665 Area Agency on Aging of the Coastal Bend Fiscal Year 2016 Contracting Plan Summary (1) Based on Title III, SGR, and NSIP Planning Allocations (2) (3) Page 3 Footnotes: (1) Contracts and vendor agreements reflected here will extend from 10-1-15 to 9-30-16. During FY16 six out of eight nutrition programs will have vendor agreements in -lieu -of an annual contract. These include Aransas County Council on Aging, Duval, Live Oak, Kleberg, Nueces, and Refugio Counties. Under these vendor agreements, services for clients will be pre -authorized by CBCOG/AAA. The funding amount is a target amount available for this service, not a contracted amount. The two largest providers, the City of Corpus Christi and Community Action Corporation of South Texas, will remain as contractors. A new two-year contract will be executed with these contractors plus the Nutrition Consultant. This will be consistent with the new two-year AAA DADS Contract for FY2015-FY2016. Vendor agreements will be updated for FY16. (2) Note that these planning amounts were established in June, 2015 and were based on actual FY15 funding less any FY14 Carryover Funds awarded. However, note the Older American's Act is still subject to possible Federal Sequestration cuts. Our local "planning amounts" will be further adjusted as Coastal Bend has now received DADS updated planning amounts for FY16 which reflects updated demographics. DADS Planning amounts for Coastal Bend for all Title III, State General Revenue and NSIP are approximately $10,000 under our earlier "local planning amounts" established in June, 2015 and considered not significant enough to change the monthly benchmarks established here. As in previous years, "Planning Allocations" will be adjusted once actual Fiscal Year 2016 funding is known. (3) Acronyms used in this spreadsheet: Texas Department of Aging and Disability Services (DADS) State General Revenue Funds (SGR) Nutrition Incentive Services Program (NSIP) Advisory Council on Aging (ACOA) Fiscal Year (FY) file. fv16 Cont Plan Sum 10-1-15 XIS 7/23/15 3:10 PM Provider Name City of Corpus Christi AAA Name Area Agency on Aging of the Coasta' Bend Congregate Meals BUDGET WORKSHEET CALCULATION OF THE PER MEAL UNIT RATE 1. Total Budgeted Expenses for Contract Year 2. Total Number of Anticipated Meals to be Provided by Funding Source Other Funds DADS ABI AAA 40,942 E:igible Meals 39.300 Other Sources 5 0 1, $ 679211 97 Other Funds - Non -Eligible Program Income 2,810 Meals 0 Other Sources 6 0 2. 83,052 3 Whole Unit Rate (Line 1 divided by Line 2) Reimbursement Calculation DADS A&I AAA 4. Projected NSIP per Meal Value 0.69 5. Rate Less NSIP per Meal Value $ 7 49 6. Mandatory Local Match of 10% $ 0.75 If Applicable, Match Reduction From the In-kind Match Certification form Required Cash Match 7. Proposed Meal Rate (Line 3 minus Line 6) $ 0.75 $ 7.43 It any portion of the required match is in-kind, you must complete an In -Kind Match Certification form. By signing below, the provider acknowledges that all related records are subject to audit in accordance with contract requirements and all applicable federal and state laws Area Agency on Aging of the Coastal Bend Name of Area Agency on Aging John P. Buckner, Executive Director Printed/Typed Name of Signer Signature s//�fY- Date r E. Jay Ellington, Director Printed/Typed Name of Signer Dale Date 3. $ 8.18 b'e 723115 3:07 PM Provider Name: City of Corpus Christi AAA Name: Area Agency on Aging of the Coastal Bend Region Number Region 11 Home Delivered Meals BUDGET WORKSHEET CALCULATION OF THE PER MEAL UNIT RATE 1. Total Budgeted Expenses for Contract Year 1. $ 814,155.75 2. Total Number of Anticipated Meals to be Provided by Funding Source DADS A&I AAA 63,890 Tide XX 46,291 Title XIX 0 Other Funds Other Funds - Program Income 1,101 Eiglbte Meals 14,278 Non•EIIgIbIIe Meals 0 2. 129,55.60 3. Whole Unit Rate (Line 1 divided by Line 2) Reimbursement Calculation 4. Protected NSIP per Meal Value 5. Rate Less NSIP per Meal Value 6. Mandatory Local Match of 10% S 058 "* If Applicabte, Match Reduction From the In-kind Match Certification form $ Required Cash Match 3. $ 8.48 DADS A&I AAA & Tide XX Tide XIX 0.69 NIA 5 5.79 NIA $ 0.58 N/A 7. Proposed Meat Rate (Line 3 minus Line 6) S 5.90 5 6.48 8. Rate Cap Applicable to Tide XIX, Title XX and DADS A&I AAA Common Providers $ 4.95 $ 8.12 9. Excess of Cap Rate Reduction $ (0.95) $ (0 36) Accepted Unit Rale for Current Year $ 4.95 $ 6.12 It any portion of the required match Is In-kind, you must complete an In -Kind Match Certification form. By signing below, the provider acknowledges that all related records are subject to audit in accordance with contract requirements and alt applicable federal and state laws. Na e of ontracted Provider Area Agency on Aging of the Coastal Bend Name of Area Agency on Ag ng John P. Buckner, Executive Director P yped Name of Signer Signature 1‘7/)Eitr.-- Date E. Jay E1I.ngton, Director Printed/Typed Name of Signer '72-7 ate Region 11 Department of Aging and Disabl ity Services &trOJOj Co►rha.d specialr.0 ntedlTyped Na ; e of Signer et.IAJ aa) Signa re io'aa,J Date 4� 7/23115 3.11 PM Provider Name. City of Corpus Christ AAA Name: Area Agency on Aging of the Coastal Bend Legal Assistance BUDGET WORKSHEET CALCULATION OF THE UNIT RATE 1.Total Budgeted Expenses for Contract Year 2.Total Number of Anticipated Units to be Provided DADS A&I AAA - 10 % Program Match Required 325 Income 0 Other Sources 6 0 DADS A&I AAA - 25 % Local Funds - Match Required 0 Eligible Trips - 30 Other Sources 7 0 Other Funds - DADS A&I AAA - Full Unit Non -Eligible Rale 0 Trips 0 Other Sources 6 0 2 355 1 $ 17,747.00 3. Cost per unit (Line 1 divided by Line 2) - Full Unit Rate Reimbursement Calculation for Contracts Requiring Unit Rate Match Reduction 3. $ 49 99 4. Mandatory Local Match of 10% • If Applicable, Match Reduction From the In-kind Match Certification form Required Match 5.Fuli Unit Rate Less Required Match (Line 3 minus Line < $ 5.00 $ 4. $ 5 00 5 $ 44 99 4 Mandatory Local Match of 25% • If Applicable, Match Reduction From the In-kind Match Certification form Required Match 5.FulI Unit Rate Less Required Match (Line 3 minus Line $ 12 50 5 4 $ 12.50 5 $ 37.49 'if any portion of the required match is in-kind, you must complete an In -Kind Match Certification form. Contract Reimbursed at Full Cost Per Unit Rate. Match Requirements Will Be Met Through Provision of Additional Units $ 49.99 Contractor Initial AAA Initial Ci &If Co •us Christi — ..f Contracted Provider 5 ' ature , E Jay Ellington, Director Legal Na Printed/Typed Name of Signer Date Area Agency on Aging of the Coastal Bend Name of Ar, Agency on Aging S=gnature John P, Buckner, Executive Director Printed/Typed Name of Signer P// viateic— AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 15, 2015 Second Reading Ordinance for the City Council Meeting of January 12, 2016 DATE: November 13, 2015 TO: Ronald L. Olson, City Manager FROM: Jay Ellington, Director, Parks and Recreation JayEll@cctexas.com 361-826-3460 FY16 Reimbursement Grant appropriation for Title XX Meals on Wheels CAPTION: Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2016 Senior Community Services, Title XX Meals on Wheels Program. PURPOSE: To accept and appropriate the State reimbursement grant funds for the Title XX Meals on Wheels Program. BACKGROUND AND FINDINGS: The Title XX grant is made available through the Texas Department of Aging and Disability Services (DADS) for the Senior Community Services, Title XX Meals on Wheels (MOW) Program. The fund authorization period is effective October 1, 2015 through September 30, 2016. This is a reimbursement grant. Meal service is initiated by referrals from DADS caseworkers. The Texas Department of Aging and Disability Services (DADS) will reimburse the City of Corpus Christi at a rate of $4.95 up to an estimated 46,291 units of service for the continuation of the Title XX Meals on Wheels Program. A monthly billing is submitted to the state based on the number of meals served. The Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well-balanced noon meal to homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center/Central Kitchen located on the Del Mar College West Campus. We served 37,429 Title XX Meals on Wheels service units during fiscal year October 2014 through September 2015. ALTERNATIVES: Do not approve. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all letters of agreement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Parks and Recreation FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered/ Expended Amount 0 This item $229,140 $229,140 BALANCE $229,140 $229,140 Fund(s): Parks and Recreation Grant Fund 1067 — 810816F Comments: RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance DADS Contract/Approved Budget Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2016 Senior Community Services, Title XX Meals on Wheels Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2016 Senior Community Services, Title XX Meals on Wheels Program. 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas Department of Aging and Dis,bility Services State of Texas Travis County Community Services Contract Amendment Section 1. Contractor Information Legal Name of Entity (Contractor) City of Corpus Christi Doing Business As (d/b/a) Name, if applicable Senior Community Services Form 3254-A June 2013 Contract No. 167400 Contract Type CCAD HDM Amendment No. 11-9 Region No. 11 Address of Contractor (street, city, state, ZIP) P. 0. Box 9277, Corpus Christi, TX 78469 Waiver Contract Area Nueces Component Code HCS Section 2. fntroduction This amendment to the contract number referenced above (the "contract") is entered into by the Department of Aging and Disability Services (Department) and the legal entity (Contractor) named above (Department and Contractor, collectively, the "parties," each, a "party"). The Department represents the Health and Human Services Commission (HHSC), the Texas Medicaid agency, for any Medicaid services provided under this contract. The Department, as the representative for HHSC, administers community services programs under Title XIX, including Section 1915(c); Title XX of the Social Security Act; and Title 2, Texas Human Resources Code. Section 3. Amendment Modifications The parties agree that each marked provision below is hereby added to the contract as though it was set out word-for-word in the contract. O The following 0 counties 0 local authorities are added to the contract. O The following 0 counties ❑ local authorities are deleted from the contract. ® Attachment A (relating to covered counties) is incorporated into the contract and represents the full listing of counties served as a result of this amendment. O The attached Form 3691-A, Service Area Designation HCS, TxHmL, CDS and TAS, is incorporated into the contract and replaces the Contractor's previously submitted Form 3691-A. ® Attachment B (relating to Home Delivered Meals) is incorporated into the contract and represents the new Home Delivered Meals provisions as a result of this amendment. ❑ Contractor agrees to screen its employees and contractors to determine whether they have been excluded from participation in Medicare, Medicaid, the State Children's Health Insurance Program and all federal and state health care programs. The Contractor agrees to search monthly the U.S. Department of Health and Human Services Office of the Inspector General (HHS -OIG) and Health and Human Services Commission -Office of the Inspector General (HHSC-OIG) List of Excluded Individuals/Entities (LEIE) websites to capture exclusions and reinstatements that have occurred since the last search and to Immediately report to the HHSC-OIG any exclusion information the contractor discovers. Exclusionary searches for prospective employees or contractors shall be performed prior to employment or contracting. The Contractor also acknowledges and agrees that no Medicaid payments can be made for any Items or services directed or prescribed by an excluded physician or other authorized person when the individual or entity furnishing the items or services either knew or should have known of the exclusion. This prohibition applies even when the Medicaid payment itself is made to another provider, practitioner or supplier that is not excluded. Form 3254-A Page 2106-2013 Section 3. Amendment Modifications (continued) O Contractor agrees that In accordance with 42 CFR §455.23, the Department shall suspend all Medicaid payments to the Contractor upon notification by HHSC-OIG that a credible allegation of fraud under the Medicaid program is pending against the Contractor, unless the Department has good cause not to suspend the payments or to suspend the payments only in part. ❑ Contractor agrees that except as provided in the paragraphs below, the Contractor must not use the Department's name, the state of Texas or refer to the Department or the state directly or indirectly in any media release, public announcement or public disclosure relating to this contract or its subject matter, including, but not limited to, in any promotional or marketing materials, customer lists or business presentations (other than those submitted to the Department, an administrative agency of the state of Texas, or a govemmental agency or unit of another state or the federal government). The Contractor may publish, at its sole expense, results of Contractor performance under this contract with the Department's prior review and approval, which the Department may exercise at its sole discretion. Any publication (written, visual or sound) will acknowledge the support received from the Department and any federal agency, as appropriate. The Contractor will provide the Department at least three copies of such publication prior to public release. The Contractor will provide additional copies at the request of the Department. The Contractor may include information concerning this contract's terms, subject matter and estimated value in any report to a governmental body to which the Contractor is required by law to report such information. ® Contractor agrees that as part of Its contract with the Department, Contractor may receive or create sensitive personal Information, as section 521.002 of the Business and Commerce Code defines that phrase. Contractor must use appropriate safeguards to protect this sensitive personal information. These safeguards must Include maintaining the sensitive personal information in a form that is unusable, unreadable, or indecipherable to unauthorized persons. Contractor may consult the "Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals" issued by the U.S. Department of Health and Human Services to determine ways to meet this standard. Contractor must notify the Department of any confirmed or suspected unauthorized acquisition, access, use or disclosure of sensitive personal information related to this contract, including any breach of system security, as section 521.053 of the Business and Commerce Code defines that phrase. Contractor must submit a written report to the Department as soon as possible but no later than 10 business days after discovering the unauthorized acquisition, access, use or disclosure. The written report must identify each individual whose sensitive personal information has been or Is reasonably believed to have been compromised. Contractor must either disclose the unauthorized acquisition, access, use or disclosure to each individual whose sensitive personal information has been or is reasonably believed to have been compromised or pay the expenses associated with the Department doing the disclosure if: 1. Contractor experiences a breach of system security involving information owned by the Department for which disclosure or notification is required under section 521.053 of the Business and Commerce Code; or 2. Contractor experiences a breach of unsecured protected health information, as 45 CFR §164.402 defines that phrase, and the Department becomes responsible for doing the notification required by 45 CFR §164.404. The Department may, at its discretion, waive Contractor's payment of expenses associated with the Department doing the disclosure. ❑ Other Form 3254-A Page 3 ! 06-2013 Section 4. Effective Date This amendment Is effective October 1 2015. Section 5. Terms Remain in Effect The parties agree that all other provisions of the contract shat remain In effect and govem except to the extent modified In this amendment. Section 6. Amendment Execution The Department and Contractor have each caused this amendment to be signed by their respective representative. Department of Aging and Disability Services Slgnatu�Deparlment Representative Elisa J. Garza Name of Department Representative (Print or type) Assistant Commissioner Title of Department Representative (Print or type) q Date City of Corpus Christi Signature -Co ,ira ctor Reprps :ntative E. Jay Ellington Name of Contractor Representative (Print or type) Director, Parks & Recreation Title of Contractor Representative (Print or type) Date Community Services Contract Amendment Attachment A— Covered Counties Type of Contract Contract No. TAmendment No CCAD HDM 167400 ;11-9 Legal Name of Contractor City of Corpus Christi Contact Person Lisa Oliver Form 3254-A Page 4106-2013 Region No. 11 Area Code and Telephone No (361) 826-3150 The counties listed below, effective with this amendment, are covered by the contract. These counties are on file with the DADS Home and Community Support Services licensing division for the appropriate category of licensure and are located in the DADS region specified above. County Name County Name Nueces (178) County Name Date Form Completed: 07/17/2015 Initials -Contractor Representative Type of Contract CCAD HDM Community Services Contract Amendment Attachment B -- Home Delivered Meals Contract No. 167400 Amendment No. 11-9 Legal Name of Contractor City of Corpus Christi Region No. 11 Contact Person Lisa Oliver Each marked provision below is included in this attachment. Form 3254-A Page 5105-2013 Area Code and Telephone No. (361) 826-3150 ® Contractor will provide 46,291 units of Title XX Community Care for the Aged and Disabled/Home Delivered Meals for the period October 1, 2015 through September 30, 2016 (budget period). The approved budget for each meal is $4.95, and the approved budget for the budget period is $229,140. The approved budget is reflected in the attached Form 2029, Information Worksheet, Purchase of Services Contract, which Is incorporated into this amendment. The geographical area covered by the contract is Nueces, Texas. ❑ Contractor will provide Title XIX Community Based Altematives/Home Delivered Meals for the period through (budget period). The Title XIX meals will be paid at the rate of $ per unit. The geographical area covered by the contract is , Texas. ® Contractor will serve or deliver meals in altemate format (frozen, Gulled or shelf -stable) on fewer than five days per week. The altemate delivery terms for the period October 1, 2015 through September 30, 2016 are described in the attached Form 2027, Home Delivered Meals FFY 2015 Waiver Description, which is incorporated into this amendment. Initials -Contractor Representative Texas Department of Aging and Disability Services ContractNendor Number 167400 SECTION 1— CONTRACTOR DATA Information Worksheet Purchase of Service Contract Form 2029 October 2002 Region Number 11 County Number 176 Legal Name City of Corpus Christi Contract Effective Date October 1, 2007 Commonly Used Name (if different) Senior Community Services Contract Termination Date Open -Ended Address (Street, City, State, Zip) P. 0. Box 9277, Corpus Christi, Texas 78496 Area Code and Telephone Number (361) – 880-3150 Person Authorized to Sign Contract Michael Morris Title Director, Parks & Recreation Ownership ® Public ■ Non-profit ■ Profit Charter Number Employer ID Number 17460005471 Contract Person Lisa Oliver Title Superintendent Area Code and Telephone Number (361) – 826-3150 SECTION II — SUMMARY OF PAYMENT (Enter estimated information in this section.) Effective Payment Dates Budget Name Budget Number Unit Rate Estimated Number Eligible Units Estimated Local Funds Estimated DADS Funds Estimated Budget amount 10/01/2015-09/30/2016 Title XX 01 4.95 46,291 $0.00 229,140 229,140 ® Per day ■ Per week ■ Per month ,e Per day ■ Per week • 4. Unit of Service Meals 5. Units of Service to All Clients 125,560 6. Number of Units of Service to Eligible Clients 46,291 7. Geographical Area Served Nueces County (City of Corpus Christi) 8. Goals (check all that apply) V 0 1 ® II ■ III 0 IV ■ 9. Basis of Payment Cost Reimbursement 0 Schedule • Reimbursement 0 Fixed Unit Rate ■ 10. Estimated Amount of Co -Pay (day care and family planning only): N/A Estimated Contract Total Percent of Contract $0.00 229,140 229,140 0 100% SECTION III — SERVICE Program Activity Name Long Term Care -Community Care for the Aged and Disabled Code 7 Service Activity Name Home Delivered Meals Code 25 SECTION IV — CLIENT DATA 1. Client Categories to be Served (check all that apply) Recipient to Income ® MAO Income Eligible 0 Ineligible ® Current TANF 0 Current SSI ■ NPA Food Stamp 0 Other Income Eligible ■ Without Regard 2. Total Number of Client to be Served 3. Number of Eligible Clients to be Served Per month ® Per day ■ Per week ■ Per month ,e Per day ■ Per week • 4. Unit of Service Meals 5. Units of Service to All Clients 125,560 6. Number of Units of Service to Eligible Clients 46,291 7. Geographical Area Served Nueces County (City of Corpus Christi) 8. Goals (check all that apply) V 0 1 ® II ■ III 0 IV ■ 9. Basis of Payment Cost Reimbursement 0 Schedule • Reimbursement 0 Fixed Unit Rate ■ 10. Estimated Amount of Co -Pay (day care and family planning only): N/A flilikiOTEXAS Department of Aging and Disability Services Home -Delivered Meals Waiver Request (Waivers are in effect Oct.1, 2015, to Sept. 30. 2016) Form 2027 March 2015-5 Name al Legal Entity City of Corpus Christi Signature Authority Stacie Talbert Anaya/Connie Reschman Making Address 1201 Leopard Street City Corpus Christi State TX ZIP 78401 Funding Source Title 111 and Title XX Common Provider (see Instructions) Yes Area Agency on Aging (AAA) Name, if applicable Area Agency on Aging of the Coastal Bend Waiver Area: What areas or locations will the waiver cover? Corpus Christi City Limits Meal Delivery: How many days per week will the provider deliver meals to an individual? (The minimum requirement is one delivery per week,) 5 How many hot meals will the provider deliver each week? 5 How many frozen meals will the provider deliver each week? How many chilled meals will the provider deliver each week? 1 How will the provider keep food frozen or chilled while transporting it? 1 Insulated ice chests, with ice, to maintain temperature. Contacting Individuals: How many days per week will the provider contact an individual, including the day of meal delivery? 5 (The minimum number orcontacts Is Three per week.) How many times per week will the provider contact the individual by telephone? How many times per week will the provider contact the individual In person, including the day of meal delivery? 5 Additional Comments: Shelf Stable meals will be served during periods of natural or man-made disasters (hurricanes, tornadoes, floods, power outages. etc.) and will be contacted by telephone if the delivery driver is unable to deliver the meal. Alternate Meals: Give an estimated number of individuals who will receive alternate meals under this waiver each week, 575 Are the individuals receiving alternate meals outside of the provider's service area? No What is the shortest distance (number of miles) from the meal preparation site to an individual served under the waiver? 25 Circumstances necessitating this waiver. Select one or more of the following circumstances: Insufficient number of volunteers to deliver meals daily [J Need to reduce meal preparation costs I Transportation costs are too high J Personnel costs 0 Other Explanation: Give an explanation if Other was selected above. Chilled meals are served twice a month to all home delivered meal clients as per the approved meal plan. Frozen meals are delivered in accordance with the service plan specifying weekends for Title XX clients. Frozen meats for Title III clients are served on a case by case basis upon request and/or Outreach Worker's recommendation. Describe how the provider will ensure delivery of alternate meals to an individual who is not home on a scheduled delivery day. Clients contact the office to cancel the meal delivery on days they will not be home. This allows for an alternate meal to be delivered before the regularly scheduled delivery. If the client is not home when delivery is attempted, the driver notifies the office to initiate communication with the client or their designated emergency contact. If contact Is made delivery arrangements are made for a second delivery. If unable to make contact with the client/designated emergency contact, then delivery attempt is reflected as a "no show", Form 2027 Page 2103-2015-E Assurances In submitting this waiver description to the Texas Department of Aging and Disability Services (DADS), Access and Intake Division, the entity requesting this waiver assures continuing compliance under the waiver with the following requirements. 1. If a common provider, the waivered service description is the same for all funding sources — Title 01 and Title XX. 2. The home -delivered meals provider has established policies and procedures to ensure: a. The provider does not deny services to an Individual eligible for home -delivered meals on the basis of the individual's inability to safely store and prepare a frozen or shelf -stable meal. b. Significant changes In an individual's physical or mental mndiUon or environment are reported per Texas Administrative Code (TAC), Title 40, Part 1, Chapter 55, §55.29 and Chapter 85, Subchapter D, §85.302(nx1)(DXill). c The provider and every individual affected by the waiver has sanitary and sate conditions for storage, thawing and preparation of the meal [40 TAC §55.21(1), §85.302(kX1) and §85.302(nx1XDKi)). d. The meal can be safely handled by an individual affected by the waiver, or by another available person if the individual Is unable to do so [40 TAC §5521(2) and §85.302(kx2)). e. The provider safely packages and transports all frozen meals [40 TAC §55.23 and §85.302(1)-(m)). f. The provider complies with Texas Department of State Health Services rules under TAC, Title 25, Peril. Chapter 229, Subchapter K. Texas Food Establishments, to ensure all potentially hazardous foods are: properly frozen and stored [25 TAC §229.184(1) and (o)); prepared, stored and clearly marked using calendar dates [25 TAC §229.164(aX6)(: cooled quickly within two hours to 70 degrees Fahrenheit, and to 41 degrees Fahrenheit in an additional four hours, not to exceed a total of six hours [25 TAC §229.164(o)(4XA) and (S)); and remain frozen until ready for the thawing or cooking process (25 TAC §229.164(oX1) (3)). 3. In the event an Individual becomes ineligible for the Home -Delivered Meals program for any reason (that is, Toss of eligibility, relocation. nursing home placement, death) and the provider has requested payment for meats delivered past the date of the Individual's ineligibility, the provider will reimburse the AM or DADS for all such meats for which the provider has received payment. City of Corpus Christi Name of Legal Frilly Stade Talbert Anayyaa interim Director, Parks and Recreation Department Prinledff yped Name — Signature Authority Ate.: 2.),- 3(*o f l5 Signa Signature Authonty Date AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 15 2015 Second Reading Ordinance for the City Council Meeting of January 12, 2015 DATE: November 23, 2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Community Enrichment Fund (4720) appropriation for park improvements CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $872,005.99 in developer contributions and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects. PURPOSE: To appropriate funds received from developer fees and interest earned in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Unified Development Code provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than 5 miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. The last appropriation of Community Enrichment Funds was approved by City Council on 7/29/2014. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 $2,594,423.19 $2,594,423.19 Encumbered/Expended Amount (Oct2015) 109,226.19 109,226.19 This item 872,005.99 872,005.99 BALANCE $3,357,202.99 $3,357,202.99 Fund(s): The No. 4720 Community Enrichment Fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Attachment — Schedule of Appropriations; Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $872,005.99 in developer contributions and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate $872,005.99 in developer contributions and interest earnings in the 4720 Community Enrichment Fund for park improvements, and other related projects. Attest: City of Corpus Christi Rebecca Huerta City Secretary Nelda Martinez Mayor 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Org # Attachment City of Corpus Christi 4720 COMMUNITY ENRICHMENT FUND Include deposits received through 9/30/15 Description 21460 21300 21371 21357 21502 21507 21511 13436 21318 21319 21336 21365 21386 21401 21406 21416 21421 21423 21424 21440 21456 21460 21462 21511 21620 21627 21669 21672 21683 21684 21685 21686 21687 21688 21689 21690 21691 21692 21693 21694 21695 21696 21697 Developer Fee - interest Park trust -un restrict interest Gateway interest HEB Park pool & tennis interes Beautification prom. interest Ed exchg prg-Sister City int. Permanent art trust interest INTEREST Woodlawn Tyler Subdivision The Coves At Lago Vista Cole Park Barclay Grove Park Northwest Crossing, Unit 1 Laughlin Port Aransas Cliff 5 Overland Meadows Royal Creek Estates, Unit 1 Greenfields by the Bay Lift St Shoreline Oaks Subdivision Park memorials Manhattan Estates Development fees - Cm Enr Fd 5 King's Crossing Permanent Art 5 Rancho Vista Maples Hill Wood Oaks South Lake Estates Boulevard Acres King Estates Country Club Estates Grand Reserve Retta Place Gerlach Salida del Sol 5 Oliver's Estate Unit 5 5 Village at Timbergate 5 Summit Cove 5 Wedgewood Terrace Unit 3 5 River Ridge Unit 3 5 Nueces River Irrigation Park 5 Willowood Creek 5 George Estates CONTRIBUTIONS To Be Appropriated 75.23 125, 389.21 85.82 4.22 21.54 6.28 14.22 125,596.52 31,250.00 1,250.00 9,625.00 1,281.95 1,170.00 6,262.38 625.00 625.00 11,619.60 5,400.00 14, 000.02 8,808.51 4,085.00 67,500.00 222,238.33 20,000.00 1,132.56 25,840.00 4,830.00 7,590.00 12, 337.50 47,812.50 2,170.98 20,625.00 2,250.00 14, 610.38 150.00 12,250.00 13,152.55 101,250.00 7,526.88 6,453.64 7,470.51 18, 750.00 7,285.00 27,181.18 746,409.47 TOTAL INTEREST AND CONTRIBUTIONS 872,005.99 Designated Park Project Oso Bay Wetland Preserve Community Park Improvements Sister City Program Permanent Art Collection West Guth Park Oso Bay Wetland Preserve Oso Creek Cole Park improvements Bear Creek Hike & Bike West Guth Park West Guth Park Bear Creek Hike & Bike Oso Bay Wetland Preserve Parker Park (Flour Bluff) Bench & Tree Memorial Program Oso Bay Wetland Preserve Parks Master Plan Community Park Improvements Rancho Vista Park/Trail West Guth Park Oso Bay Wetland Preserve Oso Bay Wetland Preserve Oso Bay Wetland Preserve Rancho Vista Park/Trail Parker Park (Flour Bluff) Parker Park (Flour Bluff) Oso Bay Wetland Preserve Oso Bay Wetland Preserve Parker Park (Flour Bluff) Parker Park (Flour Bluff) West Guth Park West Guth Park West Guth Park Oso Bay Wetland Preserve AGENDA MEMORANDUM First Reading for the City Council Meeting of December 15, 2015 Second Reading for the City Council Meeting of January 12, 2016 DATE: November 23, 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 Traffic Signal and Street Lighting Improvements IDIQ Ordinance appropriating $400,725.04 from the Unreserved Fund Balance in No. 1041 Street Fund for the Traffic Signal and Street Lighting Improvements IDIQ project; changing the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 by increasing expenditures by $400,725.04; authorizing the City Manager, or Designee, to execute a construction contract with Siemens Industry, Inc. of Austin, Texas in the amount of $721,485.80 for the initial year with the option of four one-year extensions that may be administratively approved; and authorizing the City Manager to proceed with the design of IDIQ delivery orders for the base year by executing Amendment No. 1 to a Professional Service Agreement with Maldonado -Burkett Intelligent Transportation Systems, LLP in the amount of $32,211.73 for a restated fee of $71,725.04 for the Traffic Signal and Street Lighting Improvements IDIQ project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Siemens Industry, Inc., and a design amendment with MBITS for the Traffic Signal and Street Lighting Improvements IDIQ project. BACKGROUND AND FINDINGS — CONSTRUCTION CONTRACT: The traffic signals portion of this project was approved by City Council in a decision package in Fiscal 2015 for city-wide Traffic Signal Improvements. The street lighting portion of the project is a budgeted annual infrastructure maintenance expense in the General Fund for maintenance of certain highway lights on the TxDOT system in accordance with several Interlocal Agreements. This item provides for the award of the base year of the multi-year IDIQ construction contract with the option of four (4) one-year extensions. The award of the base year is in the amount of $721,485.80 with a potential total of $3,607,429.00 over the 5 -year program pending available funds. Option years will be administratively authorized by the City Manager or designee based on available funding. The project was initially advertised in August 2015 with no bids. A second advertisement received two bids in October. With the additional timeline for the rebid, the Fiscal 2015 Council -approved funds programmed for Year 1 of the multi-year program were transferred to the unreserved fund balance and must be re -appropriated for use in this contract. The work under this project will be identified and prioritized by the Street Department and Delivery Orders (DO's) prepared by the consultant engineer for the maintenance of signals and lighting across the City and for emergency repairs from accidents on an on-call basis. Approximately five (5) DOs are anticipated for the base year and subsequent years subject to availability of funding. On October 7, 2015, the City received proposals from two (2) bidders as follows: Contractor Base Bid Siemens Industry, Inc. Austin, Texas $721,485.80 Austin Traffic Signal Construction Company, Inc. Pflugerville, Texas $769,351.50 The City's engineer, Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) evaluated the two (2) bids and determined that Siemens Industry, Inc. is a responsible bidder with the experience and resources to perform the work. BACKGROUND AND FINDINGS — DESIGN AMENDMENT: The contract amendment will provide engineering services to include the following scope: • Kick-off scoping meeting and project coordination. • Preparation of plans, specifications, estimates, and contracts documentation with review of contractor submittals. • Delivery Order (DO) preparation for construction/maintenance to include but not limited to foundations, signal poles, mast arms, signal heads, pedestrian poles, pedestrian heads, school zone flashers, conduits, conductors, controller cabinets, electrical services, illumination poles, etc. • Construction support services for responses to Request for Information (RFI's) and other technical support. ALTERNATIVES FOR CONSTRUCTION AND DESIGN AMENDMENT No.1: 1. Authorize execution of the construction contract and design amendment. 2. Do not authorize execution of the construction contract and design amendment. (Not Recommended) OTHER CONSIDERATIONS: Award of all DOs and start of any construction will be subject to the availability and certification of operational funds to cover Year -1 from the street fund balance. The immediate need for the citywide maintenance and repairs of existing signal and lighting locations, will be addressed by this year round project. Benefits to the traveling public include safety from the enhanced infrastructure. This project is Year 1 of a multi-year contract approved by Council as a Decision Package for both Fiscal 2015 (Year 1) and Fiscal 2016 (Year 2). Fiscal 2016 monies will be encumbered with the renewal on the contract. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $700,725.04 $0.00 $700,725.04 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $753,697.53 $0.00 $753,697.53 Future Anticipated Expenditures This Project $0.00 $79,176.01 $0.00 $79,176.01 BALANCE $0.00 -$132,148.50 $0.00 -$132,148.50 Fund(s): Street Fund General Fund RECOMMENDATION: City staff recommends that the construction contract be awarded to Siemens Industry, Inc. of Austin, Texas in the amount of $721,485.80 for Traffic Signal and Street Lighting Improvements IDIQ for the total Base Bid and award of Amendment No. 1 with Maldonado Burkett Intelligent Transportation Systems, LLP for $32,211.73 for a restated fee of $71,725.04. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Page 1 of 2 ORDINANCE APPROPRIATING $400,725.04 FROM THE UNRESERVED FUND BALANCE IN NO. 1041 STREET FUND TO (FOR) THE TRAFFIC SIGNAL AND STREET LIGHTING IMPROVEMENTS IDIQ PROJECT; CHANGING THE FY 2015-2016 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 030620 BY INCREASING EXPENDITURES BY $400,725.04; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH SIEMENS INDUSTRY, INC. OF AUSTIN, TEXAS IN THE AMOUNT OF $721,485.80 FOR INITIAL YEAR WITH THE OPTION OF FOUR ONE-YEAR EXTENSIONS THAT MAY BE ADMINISTRATIVELY APPROVED; AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE DESIGN OF IDIQ DELIVERY ORDERS FOR THE BASE YEAR BY EXECUTING AMENDMENT NO. 1 TO A PROFESSIONAL SERVICE AGREEMENT WITH MALDONADO- BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP IN THE AMOUNT OF $32,211.73 FOR A RESTATED FEE OF $71,725.04 FOR THE TRAFFIC SIGNAL AND STREET LIGHTING IMPROVEMENTS IDIQ PROJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $400,725.04 from the Unreserved Fund Balance in No. 1041 Street Fund is appropriated for the Traffic Signal and Street Lighting Improvements IDIQ project. SECTION 2. The FY 2016 Operating Budget adopted by Ordinance No. 030620 is changed to increase expenditures in the amount of $400,725.04. SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Traffic Signal and Street Lighting Improvements IDIQ project for the base bid in the amount of $721,485.80 with Siemens Industry, Inc. of Austin, Texas. SECTION 4. The City Manager or designee is authorized to execute Amendment No.1 to an A/E Agreement for the Traffic Signal and Street Lighting Improvements IDIQ project for the amount of $32,211.73 for a restated fee of $71,725.04 with Maldonado -Burkett Intelligent Transportation Systems, LLP of Austin, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@A4054C90 Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 on this the day of , 2016. ATTEST: Rebecca Huerta City Secretary @BCL@A4054C90 Nelda Martinez Mayor PROJECT BUDGET TRAFFIC SIGNAL AND STREET LIGHTING IMPROVEMENTS IDIQ E15126 PROJECT FUNDS AVAILABLE: Street Lighting $ 300,000.00 Street Fund Balance 400,725.04 TOTAL PROJECT FUNDS AVAILABLE $ 700,725.04 FUNDS REQUIRED: Construction Fees: Construction (Siemens) 721,485.80 Construction Inspection (estimate) 3% 21,644.57 SUB -TOTAL REQUIRED FOR CONSTRUCTION 743,130.37 Design Fees: * Engineering (Maldonado -Burkett) Original 39,513.31 Engineering (Maldonado -Burkett) Amendment No. 1 32,211.73 SUB -TOTAL REQUIRED FOR DESIGN 71,725.04 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) (.75%) 5,255.44 Engineering Services (Project Mgt / Constr Mgt) (1.75%) 12,262.69 Misc. (Printing, Advertising, etc.) 500.00 SUB -TOTAL REQUIRED FOR REIMBURSEMENTS 18,018.13 TOTAL PROJECT EXPENDITURES 832,873.54 ESTIMATED PROJECT BUDGET BALANCE $ (132,148.50) * Original Contract approved Administratively on June 11, 2015 NOTE****Actual contract Delivery Order issurance and final construction contract value is subject to limits of funding. Citywide maintenance locations for signals and lighting improvements Traffic Signals and Street Lighting Improvements IDIQ ( Citywide) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Maldonado -Burkett Intelligent Transportation Systems. LLP, a Texas corporation, 2205 Western Trails Boulevard, Suite B, Austin, Travis County, Texas 78745, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Traffic Signal and Street Lighting Improvements Indefinite Delivery/Indefinite Quantity (IDIQ)(Proiect No. E15126) — The work involves the preparation of delivery orders (DO) for year 1 to include: controller cabinet preventive maintenance, battery backup preventive maintenance, controller cabinet replacements, replacement of malfunction management unit (MMU), Staples with Annapolis Signal Pole replacement, Doddridge with Santa Fe (Bore with Ground Box Replacement), Park Road 22 with County Park Access Road 4 Virnto Del Mar (Span Wire Signal Replacement) and other work to be determined. 2. SCOPE OF SERVICES The A/E hereby agrees to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 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 A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Professional Services Page 1 of 7 KIENGINEERING DATAEXCI1ANGE ANGIEMISTREET'E15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIOIAMD 1 MBITSSAMD 1 MBIT.DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. 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 $32,211.73 for a restated fee not to exceed $71,725.04. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY A/E shall fully indemnify and hold harmless 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, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by A/E or its agent, A/E under contract or another entity over which A/E exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. If the liability results solely from the negligent acts or omissions of the A/E, the A/E shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by the City, the A/E shall reimburse the City's reasonable attorney's fees in proportion to the AIE's liability. A/E must advise City in writing within 24 hours of any claim or demand against City or A/E known to A/E related to or arising out of AIE's activities under this Agreement. 6. INSURANCE 6.1 A/E must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. A/E must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 A/E must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Contract for Professional Services Page 2 of 7 K\ENGINEERING DATAEXCHANGEIFWGIEM\STREETtE15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIOIAMD 1 MBITSWND 1 MBIT.DOC TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, A/E must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, NE 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 A/E will be promptly met. An All States Endorsement shall be required if NE is not domiciled in the State of Texas. Contract for Professional Services Page 3 of 7 KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIOIAMD 1 MBrrSIAMD 1 MBIT.DOC 6.5 A/E shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at A/E'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. A/E is required to provide City with renewal Certificates. 6.6 A/E shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. A/E 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 A/E agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 6.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; 6.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. 6.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, NE shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend NE's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.9 In addition to any other remedies the City may have upon A/E'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 A/E to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to A/E hereunder until A/E demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which A/E may be held responsible for payments of damages to persons or property Contract for Professional Services Page 4 of 7 KIENGINEERING DATAEXCHANGEIANGIEMISTREET1E15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR CDIQ1AMD 1 MBITSWMD 1 MBIT.DOC resulting from A/E's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that A/E's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 6.13 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. 7. 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 NE 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. 8. 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. 9. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE 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. 10.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 A/E without the express written consent of the Director of Engineering Services. 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. Contract for Professional Services Page 5 of 7 KIENGINEERING DATAEXCHANGBANGIEMISTREEVE15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIQ1AMD 1 MBITSIAMD 1 MBIT.DOC 11. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 12. STANDARD OF CARE Services provided by NE under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13. CONFLICT OF INTEREST AIE agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:I/www.cctexas.com/government/city-secretary/conflict- disclosure/index. 14. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and A/E and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and NE. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS AIE hereby agrees and acknowledges if anything contained in the A/E-prepared Exhibit A, NE's Scope of Services, or contained in any other document prepared by A/E and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP 3 J. H. Edmonds, P.E. Date Ramon Mal+ona+• Jr., P.E. Date Director of Engineering Services Principal 2205 Western Trail Blvd., Suite B Austin, TX 78745 RECOMMENDED (512) 916-1386 Operating Department Date Contract for Professional Services Page 6 of 7 KKENG1NEERING DATAEXCHANGE ANGIEMISTREETIE15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIQWMD 1 MBITSWMD 1 MBIT.DGC APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta City Secretary Fund Name Accounting Unit Account No. Activity No. Account Category Amount Street Operating 1041-12310-053 530000 El 5126011041 EXP 30000 $24,158.80 Street Operating 1020-12460-053 530000 El5126011020EXP 30000 $8,052.93 Total $32,211.73 Contract for Professional Services Page 7 of 7 IUENGINEERING DATAEXCHANGE ANGIEMISTREET1E15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIQIAMD 1 MBITSIAMD 1 MBIT.DOC MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP September 22, 2015 Mr. Jeff Edmonds, P.E. Director Capital Programs 1201 Leopard Street Corpus Christi, TX 78401 Re: E15126 Traffic Signal and Street Lighting Improvements IDIQ- Amendment No. I Dear Mr. Edmonds: MBITS is proposing an Amendment to proceed with the design of the Traffic Signal and Street Lighting Improvements. Below is a summary along with fees associated with this project. E15126- Traffic Sinal and Street Liahtin2 Improvements IDIO- Amendment No.1 Original Contract amount: 539,513.31 Amendment No.1 amount: 532,211.73. Total amount to date for project No.E15126: 571,725.04 Contents This package will include signal knock downs, conduit, illumination facilities and other basic services for maintenance of signals and illumination in accordance to the city requirements for all delivery orders throughout the calendar year. Schedule: Scheduled to be completed within 10 days of notice to proceed. If you have any additional questions please let us know. Best regards, Ramon H. Maldonado Jr., P.E. CC: Jerry Shoemaker, P.E. Chris Hale, P.E. Raymond Chong, P.E. Jorge Salinas 2205 WESTERN TRAILS BLVD SUITE 13 AUSTIN, TEXAS 78745 • Office: 512 916-1386 • www.mbit1group.cam Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CI I Y PURCIIASING DIVISION 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 torovide the fallowing 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: Maldonado -Burkett Intelligent Transpiration Systems, LLP P. O. BOX: N/A STREET ADDRESS: 2205 Western Trails Blvd., CITY: Austin ZIP: 78745 Suite B FIRM IS: I. Corporation 4. Association 8 2. Partnership 5. Other 8 3. Sole Owner 8 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 "fine.' Name Job Title and City Department (if known) ik4A 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 dIA Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name )A Committee Board, Commission or 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a si!..med 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 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: Ramon H. Maldonado Jr., P.E. Title: Principal (Type ur Print) Signature of Certifying Person: DEFINITIONS Date: 3 /10 C 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. Corpus Chr sti Engineering Traffic Signal and Street Lighting Improvements IDIQ Council Presentation December 15, 2015 Project Location �hrsti Engineering Citywide maintenance locations for signals and lighting improvements Project Scope �hrsti Engineering City-wide engineering and construction contracts for the maintenance and repair of Traffic Signals and Lighting with initial work to include: • Controller cabinet preventive maintenance • Battery backup preventive maintenance • Controller cabinet replacements • Replacement of malfunction management unit (MMU) • Staples at Annapolis Signal Pole replacement • Doddridge at Santa Fe (Bore with Ground Box Replacement) • Park Road 22 at Padre Balli County Park (Span Wire Signal Replacement) • Park Road 22 at County Park Access Road 4 Virnto Del Mar (Span Wire Signal Replacement) • Maintenance of certain TxDOT highway street lights per various Agreements • Other work as determined 3 Project Schedule �hrsti Engineering 2015 2016 Nov 1 Dec 1 Jan 1 Feb I Mar 1 Apr May 1 Jun Jul 1 Aug 1 Sep Eir Design/Construction 1. Project Estimate: 365 Calendar Days 12 Months AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 15, 2015 Second Reading Ordinance for the City Council Meeting of January 12, 2016 DATE: November 30, 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 Ocean Drive from Buford Street to Louisiana Avenue BOND 2012 Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 by transferring $3,500,000 to the Ocean Drive from Buford to Louisiana Avenue project; increasing expenditures in the amount of $3,500,000; and authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $11,012,338.66 for the total base bid and to execute an agreement for construction material testing in the amount of $68,292.00 with Rock Engineering Testing Laboratory, Inc. for the Ocean Drive from Buford Street to Louisiana Avenue BOND 2012 street project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and a construction materials testing agreement for Ocean Drive Buford Street to Louisiana BOND 2012 project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 1 Street Project by the community in the general election held on November 6, 2012. Freese and Nichols, Inc. is the design engineer that was selected for this project under RFQ 2012-03. Brochure description: "Ocean Drive from Buford Street to Louisiana Avenue $5,500,000.00 — This project includes full depth repair and implements the Road Diet concept by narrowing the existing six lane roadway to a four roadway with divided median and bike lanes as prescribed by the Integrated Community Sustainability Plan (ICSP). Other street improvements include traffic signal improvements, curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, as well as side -slope stability repairs to the adjacent roadway shoulder." Project description: This project provides for the full -depth reconstruction that implements a road diet concept narrowing the existing 6 -lane roadway to a 4 -lane roadway with divided median and bike lanes as prescribed by the Integrated Community Sustainability Plan (ICSP). The project includes hot mix asphalt pavement, concrete curb and gutter, concrete header curb, concrete driveways, ADA -compliant sidewalks and pedestrian facilities, water distribution, wastewater collection, storm water drainage improvements, with pavement markings, signage, MIS and street lighting conduit, and coordination of franchise power and communication utility adjustments. This project also includes slope stability improvements along the Corpus Christi Bay bluff side that must be addressed to avoid potential movement and damage to new roadway and utilities. The storm water improvements include major box culverts, junction boxes and outfall improvements to the bay that are required as part of the Ayers and Morgan Street Bond Street improvements with additional outfall improvements to the bay. As part of the road diet, there are four (4) signalized intersections that require full reconstruction with new signals, poles, mast arms, traffic controls, conduits, with pedestrian features and sequencing. The City applied for and received state Highway Improvement Safety Program (HSIP) funding, however, TxDOT requires a separate project executed by TxDOT after completion of the City project. Coordination of two separate projects is not recommended as it creates significant traffic safety concerns and increased cost to implement temporary traffic controls and signals until the project is complete and the TxDOT project is started and complete. The additional cost is estimated to result in little or no overall savings with increased concerns for safety and longer construction impacts to the community. The HSIP grant funding was estimated at $900,000 with additional City (10%) cost share. On October 21, 2015, the City received proposals from two (2) bidders and the bidders are as follows: Contractor Base Bid Bay, Ltd. Corpus Christi, Texas $11,012,338.66 Haas -Anderson Construction, Ltd. Corpus Christi, Texas $12,297,368.10 ALTERNATIVES: 1. Authorize execution of a construction contract. 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: The proposed Bike Lanes on this corridor are consistent with the joint project lead by Metropolitan Planning Organization (MPO) to develop a single comprehensive Master Plan for Multi -Model Transportation that specifically addresses bike lane facilities throughout the City and neighboring communities. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015- 2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $10,410,232.53 $3,500,000.00 $13,910,232.53 Encumbered / Expended Amount 1,121,500.00 1,121,500.00 This item 11,012,338.66 11,012,338.66 Future Anticipated Expenditures This Project 1,707,958.27 1,707,958.27 BALANCE $9,288,732.53 -9,220,296.93 $68,435.60 Fund(s): ST 31 Comments: RECOMMENDATION: City staff and Freese and Nichols, Inc. recommend the construction contract award to Bay, Ltd. In the amount of $11,012,338.66 for Ocean Drive from Buford Street to Louisiana BOND 2012 project for the base bid with a separate contract award for a construction materials testing agreement with Rock Engineering Testing Laboratory, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation ORDINANCE AMENDING THE FY 2016 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 030621 BY TRANSFERRING $3,500,000 TO THE OCEAN DRIVE FROM BUFORD TO LOUISIANA AVENUE PROJECT; INCREASING EXPENDITURES IN THE AMOUNT OF $3,500,000; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH BAY, LTD. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $11,012,338.66 FOR THE TOTAL BASE BID AND TO EXECUTE AN AGREEMENT FOR CONSTRUCTION MATERIAL TESTING IN THE AMOUNT OF $68,292.00 WITH ROCK ENGINEERING TESTING LABORATORY, INC. FOR THE OCEAN DRIVE FROM BUFORD STREET TO LOUISIANA AVENUE BOND 2012 STREET PROJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to transfer $1,800,000 from project E12094 Tuloso Road from IH 37 to Leopard Street to the Ocean Drive from Buford Street to Louisiana Avenue Street Improvement Project (Bond 2012). SECTION 2. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to transfer $1,700,000 from project E12099 Kostoryz Road from Brawner Parkway to South Staples Street to the Ocean Drive from Buford Street to Louisiana Avenue Street Improvement Project (Bond 2012). SECTION 3. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to increase expenditures in the amount of $3,500,000 to the Ocean Drive from Buford Street to Louisiana Avenue Street Improvement Project (Bond 2012). SECTION 4. The City Manager or designee is authorized to execute a construction contract for the Ocean Drive from Buford Street to Louisiana Avenue Street Improvement Project (Bond 2012) for the Base Bid in the amount of $11,012,338.66 with Bay, Ltd. of Corpus Christi, Texas. SECTION 5. The City Manager or designee is authorized to execute a construction materials contract for the Ocean Drive from Buford Street to Louisiana Avenue Street Improvement Project (Bond 2012) in the amount of $68,292.00 with Rock Engineering Testing Laboratory, Inc. of Corpus Christi, Texas. 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Ocean Drive from Buford to Louisiana Bond 2012 PROJECT FUNDS AVAILABLE: Street CIP (Bond 2012) $ 5,500,000.00 Utility CIP 4,910,232.53 Water CIP 1,586,270.71 Wastewater CIP 660,366.76 Storm Water CIP 2,644,595.06 Gas CIP 19,000.00 Ordinance (Streets Bond 2012) 3,500,000.00 TOTAL PROJECT FUNDS AVAILABLE $ 13,910,232.53 FUNDS REQUIRED: Construction Fees: Construction (Bay, Ltd.) 11,012,338.66 Street 6,212,217.21 Utilities 4,800,121.45 Water 1,477,972.35 Wastewater 618,116.50 Storm Water 2,704,032.60 Contingency (10%) 1,101,233.87 Construction Inspection (2.25%) 312,980.23 Construction Materials Testing (Rock) 68,292.00 SUB -TOTAL REQUIRED FOR CONSTRUCTION 12,494,844.76 Design Fees: * Engineer (Freese Nichols) 995,116.00 Streets 621,057.55 Utilities 374,058.45 Water 62,485.74 Wastewater 63,341.71 Storm Water 243,095.20 Gas 5,135.80 Engineering (L. Gurley) 12,498.75 Engineering (R.H. Shackelford) 8,543.00 Geotechnical Study and Testing (Rock) 24,500.00 SUB -TOTAL REQUIRED FOR DESIGN 1,040,657.75 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget) (0.65%) 90,416.51 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (1.25%) 173,877.91 Misc. (Printing, Advertising, etc.) 2,000.00 SUB -TOTAL REQUIRED FOR REIMBURSEMENTS 266,294.42 TOTAL PROJECT EXPENDITURES 13,801,796.93 ESTIMATED PROJECT BUDGET BALANCE $108,435.60 * Approved by City Council on January 29, 2013 by Motion 2013-16. Ocean Dr. Limits: Buford St. to Louisiana Ave. Ocean Drive Buford Street to Louisiana Avenue ( Bond 2012 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Corpus Chr sti Engineering Ocean Drive from Buford Street to Louisiana Avenue BOND 2012 Council Presentation December 15, 2015 Project Location 4000 Corpus Chr sti Engineering Ocean Dr. Limits: Buford St. to Louisiana Ave_ Existing Layout �hrsti Engineering 5 SIDEWALK TRAVEL LANE TRAVEL LANE TRAVEL LANE TRAVEL LANE TRAVEL LAME TRAVEL LANE 7.4 SIDEWALK t t t Proposed Layout 0 �hrsti Engineering p 8 FOOT SIDEWALK ENKE TRAVEL LANE TRAVEL LANE 4 _ _ a TRAVEL LANE TRAVEL LANE BIKE 9 FOOT LANE LANE SIDEWALK 9 FOOT SIDEWALK Proposed Pavement Section Corpus Ch 4111150Corpus Engineering ONE COURSE SURFACE TREATMENT UNDERSEAL TENSAR TX -5 GEORGRID 2" HMAC (TYPE D) 3.5" HMAC (TYPE B) 9" CRUSHED LIMESTONE FLEXIBLE BASE 12" COMPACTED SUB -GRADE TACK COAT PRIME COAT (MC -30) Project Scope �hrsti Engineering Project includes: • Full -depth construction of roadway and road diet from 6 lanes to 4 lane with a divided median • Proposed improvements include hot mix asphalt pavement • ADA complaint curb -ramps, sidewalks and pavement markings • Bike lanes as prescribed by the Integrated Community Sustainability Plan (ICSP) • Utilities improvements for wastewater, water, storm water and gas lines • Traffic signalization, pavement markings, signage and traffic control sequencing 6 Design Project Schedule �hrsti Engineering 2013 2014 2015 2016 2017 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 1 1 Q2 Q3 Q4 I Q1 Bid 2 Q3 Q4 1 I Q2 Construction Project Estimate: 540 Calendar Days 18 Months AGENDA MEMORANDUM Action Item for the City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager December 30, 2015 FROM: Susan Thorpe, Assistant City Manager SThorpe@cctexas.com 361.826.3898 Special Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Special Board Meeting of the Corpus Christi Housing Finance Corporation PURPOSE: The purpose is to hold a special Board Meeting of the Corpus Christi Housing Finance Corporation in order to consider options for sale of the Ward Building and parking lot. BACKGROUND AND FINDINGS: In 2007, the City was approached by the owner of the Nueces Building (now called the Nueces Loft Apartments) to provide economic incentives for the redevelopment of the building into apartments. The building had been used as office space, but occupancy was low due to an overall lack of demand for office space in the downtown area. The City earlier had determined that attracting residential uses to the downtown area would be a key factor to spur downtown development and began working with the owner on the right combination that would facilitate his financing and development of the project. Community Development Block Grant funds were identified as a source of partial funding for the project that would help bridge the gap in conventional financing available. An allocation of $800,000 was made in the 2007-08 fiscal year CDBG program targeted to finance low-income housing units as part of the project. After further analysis of his pro forma, however, the developer determined that the CDBG funding would not offset the loss in cash-flow for the project in having a number of the apartments subject to severely limited rents to meet low- income criteria. The owner/developer had acquired the Ward Building across the street and some adjacent vacant lots in order to develop a gated, covered parking lot to serve the new downtown residents, and lending institutions generally required assurance of adequate off-street parking as a key loan condition. An agreement was negotiated in which the City would acquire the Ward Building and adjacent vacant lots to develop a parking lot primarily to serve downtown residents but it is not restricted to use by tenants at the Nueces Loft Apartments. Although the original plan was to demolish the Ward Building in order to develop a larger parking lot on the site, CDBG funds could not be used for demolition of the structure, so the Ward Building was preserved for potential future development, and a smaller parking lot was developed. CDBG funds initially were used for the acquisition of the building and land and the development of the parking lot instead of providing a direct subsidy into the apartment project, but those funds had to be reimbursed to the CDBG program since a new use for the Ward Building could not be found within the required time under CDBG regulations. The CCHFC had funds available so it acquired the Ward Building and parking lot from the City and reimbursed all CDBG and other City funds invested in the project. As the result of this acquisition and development of a new downtown parking lot, the Nueces Building was redeveloped into 66 apartments with a health center in first floor commercial space. Prior to its conversion, it was on the property tax rolls at a value of $900,000 at a rate similar to many other downtown properties. After the conversion, it now is on the tax rolls at over $5,200,000, and it has helped spur development of the Cosmopolitan Apartments and drive up other property values in the downtown area. The apartments are fully -occupied according to the developer. The Nueces Building also is listed on the National Register of Historic Places and serves as a model for how a historic preservation project can be completed. In 2009 and again in 2014, the CCHFC issued Requests for Proposals (RFPs) for the adaptive re -use of the Ward Building and adjacent parking lot. The objective has been to sell the property to a developer that would assume operation of the parking lot and redevelop the Ward Building. Two proposals were received in 2009 that were unworkable, and no proposals were received in 2014. City staff has offered various financing terms for a portion of the acquisition costs in attempts to try to make the numbers work, but the renovation costs, debt service, and operating costs could not be successfully addressed. One of the impediments to sale and development of the property was the fact that the Ward Building itself was on a 90 -year long term ground lease from the Grover Keeton family. Although the lease still had over 67 years to run, future increases in rental rates made it difficult for developers to come up with a long-term development strategy. In 2014, City staff was successful in negotiating the buy-out of the Keeton family interests for $225,000 in order to eliminate the continuing obligation to pay rent for the remaining 67 years of the lease, which had been running at $1,000 per month and was projected to increase substantially in 2017 and each 22 years thereafter. With the $225,000 invested in clearing the long-term lease in 2014, the initial reimbursement of $335,000 in CDBG funds, and the site preparation and parking lot development costs of $575,000, the CCHFC currently has $1,135,000 invested in this project which was originally designed as an incentive for the development of the Nueces Loft Apartments in 2008. At 66 units, that amount translates into $17,196 per unit in incentives to get this first, large-scale multi- family development kicked off for downtown Corpus Christi. As noted above, in 2007 the Nueces Building had a value of $900,000 similar to many other downtown properties, but in 2015 it was on tax rolls at over $5,200,000. It also helped spur development of the Cosmopolitan Apartments and drive up other property values in the downtown area. The apartments are fully -occupied providing more residential activity in the downtown area which has been identified as a key element in making this area successful for further development. Another impediment to the sale and development of this location is the condition of the Ward Building. As noted above, the original plan was to demolish the structure in order to have a larger parking lot. After several redevelopment attempts, no developers appear interested in redeveloping the Ward Building. Current demolition costs are estimated at $350,000, so any future development of this property would have to take into consideration this cost in order to get the property to a buildable condition. ALTERNATIVES: The CCHFC may continue to retain the Ward Building and parking lot. Monthly rental revenues from the parking lot are $1,000; however, various maintenance expenses are incurred from time to time. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCHFC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires only one meeting of the CCHFC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office 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: N/A RECOMMENDATION: Staff recommends approval of the sale of the Ward Building and parking lot. LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Unapproved August 25, 2015 Board Meeting Minutes Treasurer's Report Date: Time: Location: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Tuesday, January 12, 2016 During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1 President Lillian Riojas calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Lillian Riojas, President Chad Magill, Vice President Rudy Garza, Jr. Nelda Martinez Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Officers Ronald L. Olson, General Manager Susan K. Thorpe, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Margie Rose, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approve minutes from the Board's special meeting on February 17, 2015. 4. Presentation of the CCHFC Treasures Report ending September 30, 2015. 5. Public comment. 6. Executive session pursuant to Texas Government Code § 551.072 regarding the possible sale and valuation of real property located on the west side of N. Chaparral Street between Schatzel and Peoples Street because deliberation in an open meeting would have a detrimental effect on the position of the corporation in negotiations with a third party, with possible action approving a resolution in open session concerning such sale. 7 Adjourn. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING February 17, 2015 3:22 p.m. PRESENT Board of Directors Officers Chad Magill, Vice -President Ronald L. Olson, General Manager Rudy Garza, Jr. Susan K. Thorpe, Asst. General Manager Nelda Martinez Rebecca Huerta, Secretary Colleen McIntyre Paul Pierce, Asst. Secretary Brian Rosas Margie Rose, Treasurer Lucy Rubio Constance P. Sanchez, Asst. Treasurer Mark Scott Carolyn Vaughn Absent Lillian Riojas, President Vice -President Magill called the meeting to order in the Council Chambers of City Hall at 3:22 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. Vice -President Magill called for approval of the minutes of the April 29, 2014 meeting. Mr. Garza made a motion to approve the minutes as presented, seconded by Ms. McIntyre, and passed as follows: Garza, Magill, McIntyre, Martinez, Rosas, Rubio, Scott, and Vaughn voting "Aye". Rioj as absent. Vice -President Magill opened discussion on Item 4, Adoption of the following resolutions approving loans in connection with applications filed with Texas Department of Housing and Community Affairs (TDHCA) for low-income housing tax credits: (a) Supporting The Proposed Renovation of 911 Glenoak Apartments Development And Authorizing A Loan Commitment For The Development In Connection With A Low - Income Housing Tax Credit Application (b) Supporting The Proposed Callicoatte Cove Homes Development And Authorizing A Loan Commitment For The Development In Connection With A Low -Income Housing Tax Credit Application (c) Supporting The Proposed River View At Calallen Apartment Development And Authorizing A Loan Commitment For The Development In Connection With A Low - Income Housing Tax Credit Application (d) Supporting The Proposed Stonehenge Place Apartment Development And Authorizing A Loan Commitment For The Development In Connection With A Low - Income Housing Tax Credit Application Minutes — CCHFC February 17, 2015 — Page 2 (e) Supporting The Proposed Liberty Shores Apartment Development And Authorizing A Loan Commitment For The Development In Connection With A Low -Income Housing Tax Credit Application John Bell, Attorney for Corporation, stated that these items were presented as a consent item on the City Council agenda earlier today and that these projects are competing for low-income tax credits with the State. He also stated these resolutions are before the Corpus Christi Housing Finance Corporation (CCHFC) to obtain the lending assistance that is required for these types of projects. There was no discussion on this item. Ms. Martinez made a motion to approve, seconded by Ms. McIntyre and passed as follows: Garza, Magill, McIntyre, Martinez, Rosas, Rubio, Scott and Vaughn voting "Aye". Riojas absent. Vice -President Magill opened discussion on Item 5, to consider approval of the following resolutions with respect to a new Mortgage Credit Certificates (MCC) program: (a) Resolution Authorizing the President to File An Application With The Texas Bond Review Board For A Calendar Year 2015 Reservation For Qualified Mortgage Bond Authority (b) Resolution Concerning An Election To Issue Mortgage Credit Certificates In Lieu of Single -Family Mortgage Revenue Bonds and Establishing The Mortgage Credit Certificate Program, Series 2015 John Bell, Attorney for Corporation, stated, in 1987, the CCHFC invented the process of offering MCCs in Texas instead of issuing single-family mortgage revenue bonds. He stated this certificate allows a first-time homebuyer to take a tax credit of up to $2,000 for every year the homebuyer remains in the residence making mortgage payments. There was no discussion on this item. Mr. Garza made a motion to approve, seconded by Ms. Martinez and passed as follows: Garza, Magill, McIntyre, Martinez, Rosas, Rubio, Scott and Vaughn voting "Aye". Riojas absent. Vice -President Magill made a request that, on future CCHFC agendas, public comment be moved after the approval of the minutes. Vice -President Magill called for public comment. There was none. There being no further business to come before the Corporation, Vice -President Magill adjourned the meeting at 3:29 p.m. on February 17, 2015. ASSETS Current assets Cash, cash equivalents & investments 86,000 0 86,000 Receivables Accounts 407,152 0 407,152 Total current assets 407,152 0 407,152 9030 CC HOUSING FINANCE CORPORATION STATEMENT OF NET ASSETS September 30, 2015 Unaudited Governmental Schedule Funds Adjustments of Net Assets Noncurrent assets Land 0 163,841 163,841 Building & Improvements 0 659,113 659,113 Total noncurrent assets 0 822,954 822,954 Total assets UABIUTIES Accounts payable Deferred Revenue Total liabilities FUND BALANCE Assigned Housing Total Assigned 493,152 822,954 1,316,106 0 406,152 406,152 87,000 87,000 O 0 O 406,152 O 406,152 87,000 0 87,000 0 Total fund balance 87,000 87,000 0 Total liabilities and fund balance 493,152 NET POSITION Invested In capital assets 822,954 822,954 Unrestricted 87,000 87,000 Total net position 909,954 909,954 9030 CC HOUSING FINANCE CORPORATION SCHEDULE OF ACTIVITIES September 30, 2015 Unaudited Governmental Schedule Funds Adjustments of Activities Revenues Charges for services 60,600 60,600 Contributions & donations 5,000 5,000 Earnings on investments 3 3 Total revenues 65,603 65,603 Expenditures Community development Total expenditures/expenses 16,669 16,669 27,510 44,179 27,510 44,179 Excess (deficiency) of revenues over (under) expenditures 48,934 (27,510) 21,425 Net change In fund balance 48,934 (27,510) 21,425 Fund balance at beginning of year 38,066 850,463 888,529 Fund balance at end of year 87,000 822,954 909,954 4401*, TEXAS ASSOCIATION OF REALTORS COMMERCIAL CONTRACT .. IMPROVED PROPERTY USE OF THIS FORA BYPER9ON9WHO ARE NOT MEMBERS OFTHE TEXASASSOCIATIONOFREALTORSOWHOTALnHORIZ a won A>,aadatlon et REALTORS%% kw. Ma 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price slated In Paragraph 3. The parties to this contract are: Seiler: Co us Christi Housin Finance Co oration do Susan Thorpe Asst. General Manager Address: 1201 Leo+aid Street, Co +us Christi. Texas 78401 Phone: 361-826-68 3232 Fax: E-mail: Buyer Stonewater Pro+ernes USA Inc. Address: Suite 210 8399 200th Street, Langley, B.C. Canada V2Y 3C2 Phone; 604-455-5001 Fax; E-mail: steve@stonewaterproperties.corn sthorpe@cctexas.com 2. PROPERTY; A. "Property" means that real property situated in Nueces County, Texas at 540 N. Chaparral Street, Corpus Christi. Texas (address) and that is legally described on the attached Exhibit N/A or as follows: 191694 0540-0011-0010 BEACH LTS 1 & 2 BK 11 191095 0540-0011-0030 BEACH N70' OF E105' OF LTS 3 & 4 BK 11 19169T 0540-0011-0035 BEACH 530' OF E105 OF LT 3 BK 11 10169E 0510-0011-0040 Beach W45' OF LTS 3$4 BK 11 111 B. Seller will sell and convey the Property together with: (1) all buildings, Improvements, and fixtures; (2) ail rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (3) Seller's interest in all leases, rents, and security deposits for all or part of the Property; (4) Seller's interest in all licenses and permits related to the Property; (5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or any fixtures; (6) Seller's Interest in any trade names, if transferable, used in connection with the Property; and (7) all Seller's tangible personal property located on the Property that is used in connection with the Property's operations except: N/A Any personal property not Included In the sale must be removed by Seller prior to closing. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) (If the Property Is a condominium, attach condominium addendum.) 3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property: nits. A. Cash portion payable by Buyer at closing szwogig 100,000.00 B. Suer of ail financing described in Paragraph 4 $ -0- C. Sales price (sum of 3A and 30) $ SAM 100,000.00 (TAR -1801) 1-28 10 initialed for Identification by Seiler"eCia:and Buyer Page 1 of 13 5�. Commercial Contract - Improved Property concerning 540 N. Chaparral 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 313 as follows: 0 A. Third Party Flnancina: One or more third party loans in the total amount of $ This contract: i 1 (1) is not contingent upon Buyer obtaining third party financing. 0 (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum. 0 B. Assumption: in accordance with the attached Commercial Contract Financing Addendum, Buyer will assume the existing promissory note secured by the Property, which balance at closing will be C3 C. Seller Flnancincr: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Commercial Contract Financing Addendum In the amount of $ 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 5,000.00 as eamest money with y Area Title (escrow agent) at 5925 S. Staples, Suite A, Carpus Christi, Texas 78413 (address) Amy Green (closer). If Buyer rails to timely deposit the earnest money, Seiler may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the eamest money. B. Buyer witi deposit an additional amount of $ with the escrow agent to be made part of the Gamest money on or before: (i) days after Buyer's right to terminate under Paragraph 7B expires; or 0 (ii) Buyer will be in default if Buyer falls to deposit the additional amount required by this Paragraph 55 within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. C. Buyer may Instruct the escrow agent to deposit the earnest money in en interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY, SURVEY, AND UGC LARCH: A. Title Policy: (1) Seiler, at Seller's expense, wiii fumish Buyer an Owner's Policy of Titie insurance (the titie policy) issued by Bay Area Title (title company), In the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those titin exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained In the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: III (a) will not be amender) or deleted from the title policy. at (b) will be amended to read "shortages in areas" at the expense of 0 Buyer 0 Seller. (3) Within le days after the effective date, Seiler will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seiler authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. (TAR -1801)1-26-10 initialed for Identification by Seilerand Buyer • , Fags 2 of 13 Commercial Contract -Improved Property concerning 540 N. Chaparral Inas B. Sury : Within 45 days after the effective date: if Buyer desires a survey, (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (1) ALTAIACSM Land Title Survey standards, or (1i) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. 0 (2) Seiler, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective data. The survey must bo made in accordance with the: (1) ALTAJACSM Land Title Survey standards, or (11) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Ci (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. 1f the existing survey is not acceptable to the title company, Seiler, at Seller's expense, will obtain a new or updated survey acceptable to the titin company and deliver the acceptable survey to Buyer and the title company within 20 days atter Seiler receives notice that the existing survey Is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seiler to deliver an acceptable survey within the time required. Buyer will reimburse Seller (Insert amount) of the cost of the new or updated survey at closing, If closing occurs. C. U S an h: E ] (1) Within days after the effective date, Seiler, at Seller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date. The search must identify documents that are on file with the Texas Secretary of State and the county where the Property is located that relate to all personal property on the Property and show, as debtor, Seiler and ail other owners of the personal property in the last 5 years. Es (2) Buyer does not require Seiler to furnish a UCG search. D. Bu er's Ob'ections to the Commitment Surve . and UCC Search: (1) Within 7 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, any required survey, and any required UCC search, Buyer may object to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title to the real or personal property described in Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy et closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an `A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, Buyer is deernod to receive the survey on the earlier of: (1) the date Buyer actually receives the survey, or (ii) the deadline specified in Paragraph 613. (2) Seiler may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections, The closing date will be extended as necessary to provide such time to cure the objections. If Seiler fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seiler within 5 days after the time by which Seiler must cure the objections. if Buyer terminates, the earnest money, less any independent consideration under Paragraph 78(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. (TAR -1801) 1 26-10 Initialed for Identification by Seller and t3uyer , Page 3 of 13 Commercial contract - Improved Property concerning 540 N. Chaparral 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seiler, at Seller's expense, will complete the following before closing: AS 1S Seilekes no representatlnn arwarranty as to fitness or condition B. feasibility Period= Buyer may terminate this contract for any reason within 60 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) la (1) if Buyer terrnlnates under this Paragraph 7B, the earnest money will be refunded to Buyer less $_ 100.00 that Seiler will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph SA to the escrow agent. The independent consideration is to be credited to the sales price only upon closing of the sale. It` no dollar amount is stated in this Ea„ altar h i$ jJ or if Suver tEgelo a sit. the earnest mnney. Buyer will nr t h the rictht to terminate under this Paragraph 78. CJ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ as independent consideration for Buyers right to terminate by tendering such amount to Seiler or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the Independent consideration. The Independent consideration will be credited to the sales price only upon closing of the sale. If n• d.i =un: is stated in this P. • - ph 78 2 or if E3 =r -li he Inde.endent consideration Bu er w ii not h.v- the rix ht to terminate un ler this Paraeraoh 78. C. Inspections, Studies. or Assessments: (1) During the feasibility period, Buyer, at Buyers expense, may complete or came to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Seller, at Sellers expense, will tum on all utilities necessary for Buyer to make inspections, studies, or assessments. (3) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the Inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (4) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyers inspections, studies, or assessments, including any property damage ar personal injury. Buyer will indemnify, hold harmless, and defend Seiler and Sellers agents against any claim Involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. a. f'ro prtv.lnfalrtrrpiign: (1) Delivery of Property information: Within 15 days after the effective date, Setter will deliver to Buyer: 0 (a) a current rent roil of all leases affecting the Property certified by Seller as true and correct; (TAR -1801) 146-10 Initialed for Identification by Seller and Buyer€A. Page 4 of 13 Commercial Contract - Improved Property concerning 54Q N. Chap mit (b) copies of all currant leases pertaining to the Property, including any modifications, supplements, or amendments to the leases; • (c) a current inventory of all personal property to be conveyed under this contract and copies of any leases for such personal property; O (d) copies of all notes and deeds of trust against the Property that Buyer wlil assume or that Seller will not pay in full on or before closing; ii (e) copies of all current service, maintenance, and management agreements relating to the ownership and operation of the Property; • (t) copies of current utility capacity letters from the Property's water and sewer service provider, O (g) copies of all current warranties and guaranties relating to ail or part of the Property; O (h) copies of fire, hazard, liability, and other insurance policies that currently relate to the Property; 0 (1) copies of all leasing or commission agreements that currently relate to all or part of the Property; © (j) a copy of the "as -built" plans and specifications and plat of the Property; O (k) copies of all invoices for utilities and repairs incurred by Seiler for the Property in the 24 months immediately preceding the effective date; O (1) a copy of Seiler's income and expense statement for the Property from to Ci (m)copies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; [� (n) real & personal property tax statements for the Property for the previous 2 calendar years; and O (0) (2) Return of Property informatlor>!: if this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (a) return to Seller all those items described in Paragraph 70(1) that Seller delivered to Buyer and all copies that Buyer made of those items; and (b) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 70(2) survives termination of this contract. E. Ctracts Affectin• 0r=rati n Until closing, Seller: (1) will operate the Property in the same manlier as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any pari of the Property, any Interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seiler may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. S, Lt AS A. Each written lease Seiler is to assign to Buyer under this contract must be in full force and effect according to its terms. Seiler may not enter into any new lease, fail to comply with any existing lease, or make any amendrnent or modification to any existing lease without Buyer's written consent. Seiler must disclose, in writing, If any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any non -occupancy of the leased premises by a tenant; (4) any advance surra paid by a tenant under any lease; (5) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (6) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. (rAR-1801)1-28-10 Initialed for Identification by Salter and Buyer 1& Page 5 or 13 540 N. Chaparral C unmerdel Caniratt • Improved Property concerning triltS. B. Estoppel Certificates; Within Xti days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than N/A by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current vorsian of TAR Form 1938 -- Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information et least 10 days prior to the earliest date that Seller may deliver the signed estoppel certificates. 9. BROKERS: A. The brokers to this sale are: NO BROKgR Principal Broker NO BROKER License No. Cooperating Broker License No. Agent Agent Address Address Phone Fax Phan Fax E -Mail License No. E -Mail license No. Principal Broker: (Check only one box) El represents Seller only, 0 represents Buyer only. 0 Is an intermediary between Seiler and Buyer. Cooperating Broker represents Buyer. B. Fees: (Check only (1) or (2) below) C7 (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seiler, Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ❑ (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: % of the sales price. ❑ % of the sales price. 0 . The cash fees will be paid in County, Texas. Seiler authorizes escrow agent to pay the brokers from the Seller's proceeds at closing. NOTICE, Chapter 62, Texas Property Code, authorizes a broker to secure ari earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment 10. CLOSING; A. The date of the closing of the sale (closing date) will be on or before the later of: (1) A_t51___._ days after the expiration of the feasibility period. (specific date). 0 (2) 7 days after objections made under Paragraph 60 have been cured or waived. (TAR -1601) 1-26-10 Initialed for Identification by Beller , and Buyer, Page 6 of 13 Commercial Contract - Improved Property concerning 540 N. Chaparral B. if either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 16. C. At closing, Seller will execute and deliver to Buyer, at Seller's expense, a El general E special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and ,how no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security Interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seiler, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes an the Property; (2) a bill of sale wtth warranties to title conveying title, free and clear of all liens, to any personal property defined as part of the Property in Paragraph 2 or sold under this contract; (3) an assignment of all leases to or on the Property; (4) to the extent that the following items are assignable, an assignment to Buyer of the following items as they relate to the Property or its operations: (a) licenses and permits; (b) maintenance, management, and other contracts; and (c) warranties and guaranties; (5) a rent roil current on the day of the closing certified by Seiler as true and correct; (6) evidence that the person executing this contract is legally capable and authorized to bind Seller, (7) an affidavtt acceptable to the escrow agent stating that Seller is not a foreign parson or, if Seiler is a foreign person, a written authorization for the escrow agent to: (1) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (11) deliver the amount to the intend Revenue Service together with appropriate tax forms; and (8) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and the issuance of the till policy, ail of which must be completed and executed by Seiler as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the escrow agent; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of ail leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale, F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the Slate Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorised by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1801) 1-23-10 Inilialed for Identilimlion by Seller and Buyer Page 7 of 13 Commerdat Contract - Improved Property concerning 540 N. Chaparral 12. SPECIAL PROVISIONS: (if special provisions are contained In an Addendum, Identify the Addendum here and reference the Addendum in Paragraph 22D.) II ts. See attached Addendum. 13. SALES EXPENSES A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed and any bill of sale; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seiler must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing; (1) ail loan expenses and fees; (2) preparation fees of any deed of trust; (3) recording foes for the deed and any deed of trust; (4) premiums for Hood and hazard Insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; and (6) other expenses that Buyer will pay under other provisions of this centrad. 14. PRORATIONS: A. : (1) interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date_ (2) if the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. if the taxes for the year in which the sale closes vary from the amount prorated at dosing, the parties will adjust the proratlons when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) if Buyer assumes a loan or is taking the Properly subject to an existing Ilan, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Suer by an appropriate adjustment at closing. B. Rollback Taws: if Seller changes the use of the Property before closing or if a denial of a special valuation on the Property claimed by Seiler results in the assessment of additional taxes, penalties, or Interest (assessments) for periods before closing, the aasessrnents will be the obligation of Sailor. if this sale or Buyer's use of the Property after dosing results in additional assessment;: for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. (TAR -18111) 1-28-10 Initialed for Identification by seller and Buyer1 Page 8 of 13 Commercial Contract - Improved Property concerning 540 N. Chapprral C. Fin rtrL §e u ity apo its: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing; prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller may: (1) terminate this contract and receive the earnest money, as liquidated damages and as Seller's sole remedy; or . Setter 0 may® may not enforce specific performance. B. if, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except es provided in Paragraph 15B, if Seiler fails to comply with this contract, Seller is In default and Buyer may: (1) terminate this contract and receive the earnest money, less any Independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, or seek such other relief as may be provided by law, or both. 16. CASUALTY LOSS AND CONDEMNATION: A. If any part of the Property is damaged or destroyed by tire or other casualty after the effective date, Seller must restore the Property to its previous condition as soon as reasonably possible and not later than the closing date. If, without fault, Seller is unable to do so, Buyer may: (1) terminate this contract and the earnest money, loss any Independent consideration under Paragraph 7B(1), will be refunded to Buyer; (2) extend the time for performance up to 15 days and closing will be extended as necessary; or (3) accept at closing: (I) the Property in its damaged condition; (0) an assignment of any insurance proceeds Seiler is entitled to receive along with the insurer's consent to the assignment; and (iii) a credit to the sales price in the amount of any unpaid deductible under the policy for the loss. B. If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: (1) terminate this contract by providing written notice to Seiler within 15 days after Buyer Is advised of the condemnation proceedings and the earnest money, less any independent consideration under Paragraph 713(1), will be refunded to Buyer, or (2) appear and defend the condemnation proceedings and any award will, at Buyer's election, belong to: (a) Seller and the sales price will be reduced by the same amount; or (b) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: if Buyer, Seller, any broker, or any escrow agent Is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties ail costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 1t3. ESSUROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer_ if no closing occurs, escrow agent may require (TAR -1801)1-26-10 Initialed for Identification by Seller and Buyer g Page 9 or 13 Commercial Contract - improved Property concerning 540 N. Chaparral payment of unpaid expenses incurred on behalf of the parties and a written release) of liability of escrow agent from alt parties. B. If one party makes written demand for the eamest money, escrow agent will give notice of the demand by providing to the other party a copy of the demand. If eacrow agent does not receive written objection to the demand from the other party within 15 days after the date escrow agent sent the demand to the other party, escrow agent may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. C. Escrow agent viii deduct any independent consideration under Paragraph 7B(1) before disbursing any eamest money to Buyer and will pay the independent consideration to Seline D. if escrow agent complies with this Paragraph 18, each party hereby releases escrow agent from ail claims related to the disbursal of the eamest money, E. Notices under this Paragraph 18 must be sant by certified mail, return receipt requested. f oilceS to escrow agent are effective upon receiptby escrow agent. F. Any party who wrongfully fails or refuses to sign a release acceptable to escrow agent within 7 days after receipt of the request wili be liable to the other party for liquidated damages in an amount equal to the sum of: (i) three times the amount of the earnest money; (ii) the earnest money; (111) reasonable attomey's fees; and (Iv) all costs of suit. G. C1 Seller EvI Buyer intend(e) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the intemai Revenue Code, as amended. Ail expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate lefty and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the internal Revenue Code. The other provisions of this contract will riot be affected in the event the contemplated exchange fails to occur. 19. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) LI A. Seller Is not aware of any material defects to the Property except as stated In the attached Property Condition Statement, B, Except as otherwise provided in this contract, Seller Is not aware of (1) any subsurface: structures, pits, waste, springs, or Improvements; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (5) whether radon, asbestos containing materials, urea%rmaidehyde foam Insulation, lead-based paint, toxic mold (to the extent that It adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (6) any wetlands, as defined by federal or state law or regulation, on the Property; (7) any threatened or endangered species or their habitat on the Property; (8) any present or past Infestation of wood -destroying insects in the Property's improvements, (0) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (10) any material physical defects in the improvements on the Property; or (11) any condition on the Property that violates any law or ordinance. (Describe any exceptions to (1)-(11) in Paragraph 12 or an addendum.) (TAR-1801)-I-26-10Initialed for Identification by Seller �� and Buyer Pape 10 of 13 Commercial Contract- improved Property concerning N. Chaparral 20. NOTICES: AI] notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified m11I return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. a A. Seiler also consents to receive any notices by email at Sellers earnail address stated in Paragraph 1. El B. Buyer also consents to receive any notices by email at Buyer's email address stated 1n Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate In good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES; A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any ten or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) Cl (1) Property Description Exhibit identified in Paragraph 2; O (2) Commercial Contract Condominium Addendum (TAR -1930); O (3) Commercial Contract Financing Addendurn (TAR -1931); O (4) Commercial Property Condition Statement (T'AR-1108); O (5) Commercial Contract Addendum for Special Provisions (TAR -1940); O (6) Addendum for Seilur's Disclosure of information on Lead -Based Paint and Lead -Based faint Hazards (TAR -1906); GI (7) Notice to Purchaser of Real Property in a Water District (MUD); O (8) Addendum for Coastal Area Pmperty (TAR -1915); O (9) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAR -1916); 0 (10) information About Brokerage Services; and 1,1 (1 1) Addendum attached. (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which arc promulgated by the Texas Real Estate Commission (lREC) or published by TAR are appropriate for use with this form.) E. Buyer may 0 may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, In writing, all of Buyer's obligations under this contnact., and such assignment is permitted by the Addendum. 23. TIME: Time Is of the essence in this contract The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract fails on a Saturday, Sunday, or legal holiday, the time for performance Is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE tgATE. The effective date of this contract for the purpose of performance of Bali obligations is the date the escrow agent receipts this contract after ail parties execute this contract. (TAR -1801) 1-26-10 Initialed fortdentification by Seller and 8uyerel Page 11 of 13 Inits. Comrnerciai Contract .a Improved Property concerning 540 N. Chaparral 25. AD[ir11ONAL NOTICES; A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Cade, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, banded indebtedness, or standby fees of the district before final execution of thls contract. C. Notice Required by §13257, Water Code: "the real property, described below, that you are about to purchase may be located In a certificated water or surer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. if your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or surer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine If the property Is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sower service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the mat property." The real property Is described In Paragraph 2 of this contract, D. if the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, 03.135, Texas Natural Resources Cade, requires a notice regarding coastal area property to be Included as part of this contract, E. if the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward iacetion of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be Included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality_ Each municipality maintains a map that depicts Its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact alt municipalities located in the general proximity of the Property for further information. G. If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract, H. Section 1958.154, Occupations Code requires Seiler to provide Buyer a copy of any mold remediation certificate Issued for the Property during the 5 years preceding the date the Seller sells the Property. I. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or Inspections to determine compliance with zoning, governmental regulations, or laws. Buyer- should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Pmperty. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. !nits. 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy ,474 sell the Property. Unless the otherawts A acce the offer by5:00 m., in the time zone in which the Property is located, an Z eerft '`, -/n4 the offer will lapse and become null and void. De,caw-ober 31, ZD15- (TAR -18111)1 28-10 Initiated for Identification by seller and Buyer Page -12 cur 13 Commercial Contract - Improved Property concerning 540 N. Chaparral READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or In consequences of this document or transaction, CONSULT your attorney BEFORE signing. Setter; Corpus Christi Housing Finance Corporation Buyer; Stonewater Properties USA Inc. By: By (signature): Printed Name: Title: By: By (signature): Printed Name' Title: By: y Printed Name: Sieve Berezan me: President By: By (signature): Printed Name: rua: AGREEMENT BETWEEN BROKERS (use only 1!Paregraph 9d(rj Is effective) Principal Broker agrees to pay NIA (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: G] $ or iJ % of the sales price, or d % of the Principal Broker's fee_ Escrow agent is authorized and directed to pay Cooperating Broker from Principal Broker's fee at dosing. This Agreement Between Bankers supersedes any prior offers and agreements for compensation between brokers. Principal Baker Cooperating Broker. By By: ATTORNE=YS Sellers attorney: Buyers adonley: Stewart N. Rice (See Addendum) Address: Phone & Fax: E-mail: Selier's attorney requests copies of documents, notices, and other Information : © the title company sends to Buyer. CI Seller sends to Buyer. Address: 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78401 Pharos & Fax: 361-B88-9201 fax: 361-888-9353 E-mail: micheIe.lee®wbwpc.com Buyer's attorney requests copies of documents, Lrices, and other information: the title company sends to Seller. Buyer sends to Seiler. -SCROW RECEIPT Escrow agent acknowledges receipt of. Cl A, the contract an this day (effective date); El B. earnest money in the amount of $ Escrow Agent: By: Assigned file n€,uttber (OF#): in the form of on Address: Phone & Fax: E-mail: Imams crnritcl irdreHmPrrpO 8.19-25 (TAR-1801)1-26-10 Page 13 of 13 ADDENDUM TO COMMERCIAL CONTRACT - IMPROVED PROPERTY 540 N. Chaparral Street, Corpus Christi, Texas 78401 Seller: Corpus Christi Housing Finance Corporation Buyer: Stonewater Properties USA, Inc. 1. Effective Date. The Effective Date of the Contract shall be the date of formal approval of the execution of this Contract by Seller's Board of Directors. The signature by the Assistant General Manager of this Contract shall in no way be deetned as a binding obligation of the Seller unless and until this Contract has been approved by Seller's Board of Director;, such signature solely being an agreement that this Contract shall be submitted to said Board of Directors for approval. 2. Property Condition. A. Representations and Warranties. SELLER ACKNOWLEDGES THAT IT IS SELLING THE PROPERTY "AS IS, WHERE IS", AND WITH ALL FAULTS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGROUND STORAGE TANKS, AND ANY OTHER HAZARDOUS MATERIALS AS MAY EXIST ON THE PREMISES AND THAT NEITHER THE CORPUS CHRISTI HOUSING FINANCE CORPORATION, THE CITY OF CORPUS CHRISTI, NOR ANY EMPLOYEE, AGENT, OR REPRESENTATIVE OF EITHER HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES, AND BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THIS PROPERTY "AS IS, "WHERE IS," AND WITH ALL FAULTS MOWN AND UNKNOWN. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT AND MAKE ASSESSMENTS OF THE PROPERTY FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH BUYER INTENDS TO PUT THE PREMISES AND IS RELYING ON ITS OWN INSPECTIONS AND ASSESSMENTS, THE PURCHASE OF THE PROPERTY BY BUYER PURSUANT TO THIS CONTRACT IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS, LEASES, SUBLEASES, MANAGEMENT AGREEMENTS, AND OTHER IVIATTERS OF RECORD AND NOT OF RECORD THAT MAY BE APPLICABLE TO THE PREMISES. ALL WARRANTIES, EXCEPT THE WARRANTY OF TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMER BY SELLER. THIS CONTRACT IS AN ARMS -LENGTH AGREEMENT EMENT BETWEEN THE PARTIES. THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLEC'T'S THE .AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES, EXCEPT FOR THE WARRANTY OF TITLE IN THE CLOSING DOCUMENTS. B. Environmental Matters. AFTER CLOSING, AS BETWEEN BUYER AND SELLER, THE RISK. OF LIABILI"T"Y OR EXPENSE FOR ENVIRONMENTAL PROBLEMS, EVEN IF ARISING FROM EVENTS BEFORE CLOSING, WILL BE THE SOLE RESPONSIBILITY OF BUYER, REGARDLESS OF WHETHER THE ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN AT CLOSING. ONCE CLOSING HAS OCCURRED, BUYER INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM LIABILITY FOR ANY LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE. BUYER INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING TILE PROPERTY ARISING AS THE RESULT OF SELLER'S OWN NEGLIGENCE OR TIME NEGLIGENCE OF SELLER'S REPRESENTATIVES. BUYER INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY ARISING AS THE RESULT OF THEORIES OF PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON SELLERS IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY 3. Entry and Inspection; Survey. Buyer may enter the Property before closing to inspect it, subject to the following: A. Buyer must deliver a certificate of insurance to Seller confirming that Buyer has commercial general liability insurance for its proposed inspection activities in an amount of not less than $1,000,000 for bodily injury or death and $100,000.00 for property damage; B. Buyer must notify Seller in advance of Buyer's plans to conduct tests so that Seller may be present during the tests; Page 2 of 4 C. If the Property is altered because of Buyer's inspections, Buyer must return the Property to its pre -inspection condition promptly after the alteration occurs; D. Buyer must deliver to Seller copies of all inspection reports and surveys that Buyer prepares or receives from third -party consultants, contractors, or surveyors within five days of their preparation or receipt; and E. Buyer must abide by any other reasonable entry rules imposed by Seller. 4. Ad Valorem Taxes. Ad valorem taxes for the Property for the calendar year of Closing will be prorated between Buyer and Seller as of the CIosing Date. The Corpus Christi Housing Finance Corporation, as owner of the Property, is exempt from property taxes. Any taxes due from the Closing Date to the end of the year in which Closing occurs and thereafter are the responsibility of Buyer. 5. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the special warranty deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions shall remain in effect between Seller and Buyer. The obligations of this Contract that cannot be performed before termination of this Contract or before Closing will survive termination of this Contract or Closing, as appropriate in context, and the legal doctrine of merger will not apply to these matters. If there i5 any conflict between the Closing documents and this Contract, the Closing documents will control. 6. Limited Assignment. Any assignment of this Contract by Buyer is strictly limited by the terms of this provision. Buyer may assign this Contract and Buyer's rights under it only to an entity in which Buyer possesses, directly or indirectly, the power to direct or cause the direction of its management and policies, whether through the ownership of voting securities or otherwise, and any other assignment by Buyer is void. Any other assignment of this Contract or any of Buyer's rights under it without Seller's prior written consent shall be void. Notwithstanding the foregoing, This Contract binds, benefits, and may be enforced by the parties and their respective heirs, successors, and permitted assigns. 7. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title, and interest in and to the oil, gas, and other minerals in, an, or under the Property. If required by Buyer, Seller will execute a no -drilling agreement, prepared by Buyer, to ensure that Seller will not construct or operate a well on the Property while exercising its right to recover any subsurface oil, gas, or other minerals. 8. Development of Property. As covenants of Buyer in connection with this sale, Buyer agrees to complete the demolition of the existing Ward Building on the Property within six months from the Closing Date and develop a new use for the Property within two years from the CIosing Date. 9. Legal Representation. Buyer acknowledges that John D. Bell of the law Firm of Wood, Boykin & Wolter, A Professional Corporation, represents Seller and consents to such Page 3 of 4 continued representation in this transaction. Seller acknowledges that Stewart N. Rice of the Iaw firm of Wood, Boykin & Wolter, A Professional Corporation, has represented Buyer, and Buyer agrees that such legal representation shall be limited solely to the formation of any entities required by Buyer in proceeding with the transaction and shall not extend to the negotiation of this Contract, any matters relating to closing under the provisions of this Contract, or any other matters pertaining to this Contract. Buyer consents to such firm's representation of Seller, its directors, officers, agents, and employees, and to the giving of testimony by any employee of Wood, Boykin & Wolter in any proceeding relating to this Contract. Seller consents to the limited representation of Buyer by said Iaw firm as permitted herein. Each party agrees that they have not disclosed any confidences to said law firm that would adversely affect that firm's independent judgment and loyalty with respect to legal matters which said firm is now or will in the future be performing on behalf of each party, and that no party has or will reveal to said law firm any confidences which that firm is not authorized to reveal to the other party. Seller: Buyer: Corpus Christi Housing Finance Corp. Stonewater Propert S By: Inc. Assistant General Manager P e dent Page 4 of AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 8, 2015 Second Reading for the City Council Meeting of January 12, 2016 DATE: November 17, 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 6425 King Trail CAPTION: Case No. 1015-02 Edward Gonzalez: A change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property is described as Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court. PURPOSE: The purpose of this item is to rezone the property to allow replatting into lots of one-half acre. RECOMMENDATION: Planning Commission and Staff Recommendation (November 4, 2015): Approval of the change of zoning from the "RE" Residential Estate District to the "RS -22" Single - Family 22 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the property owner wishes to plat the property into three lots that are 0.5 acres in size and one lot over one acre. Easements across the property are limiting development with the existing "RE" Residential Estate one acre minimum lot size. The proposed rezoning deviates from the Future Land Use Map designation but the deviation is not considered significant since the proposed density of a large lot character and proposed uses for single-family are very similar or identical to the designation of Estate Residential in the Comprehensive Plan. The proposed rezoning is consistent with past (2007) rezoning of the Lago Vista subdivision to the north and west allowing a Special Permit to reduce lot sizes in the Estate Residential District to 0.5 acres. It is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for half -acre lots. 56.68% of the land area within 200 feet of the subject property is represented as opposed to the rezoning. The opposition is comprised of two landowners. Concerns expressed by the neighbors are related to drainage, street access and easements, which would be reviewed during the subdivision platting process. Prior to voting, the Planning Commission advised the applicant to meet with the neighbors opposed. The applicant met with the neighbors, but it appears they did not reach an ultimate resolution. As of November 17, 2015, when this memo was finalized, the opposition remains at 56.68%. Because the opposition is greater than 20%, approval of the "RS -22" Single -Family 22 District will require 3/4 of the council members to vote in favor. This item was tabled on December 15, 2015, to come before Council on January 12, 2016. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the London Area Development Plan (ADP). The proposed rezoning to the "RS -22" Residential Single -Family District is consistent with the London ADP but not consistent with the adopted Future Land Use Map's designation of the property as Estate Residential with minimum lot sizes of one acre. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Edward Gonzalez ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 2, The Coves at Lago Vista Unit 3, from the "RE" Residential Estate District to the "RS -22" Single -Family 22 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 Edward Gonzalez ("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, October 21, 2015, and November 4, 2015, during meetings of the Planning Commission when the Planning Commission recommended approval of the requested the "RS -22" Residential Estate District, and on Tuesday, December 8, 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 Edward Gonzalez ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court (the "Property"), from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, (Zoning Map No. 046029), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. The rezoning results in a change to the Future Land Use Map from estate residential to low density residential uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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_1015-02 Edward Gonzalez Page 2 of 2 RE 0 400 800 Feet Date Created: 9/28/2015 Prepared By: JeremyM Department of Development Services CASE: 1015-02 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 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP 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 Home4. SUBJECT PROPERTY 111 LOCATION MAP City of Corpus Christi Exhibit "A" PLANNING COMMISSION FINAL REPORT Case No. 1015-02 HTE No. 15-10000059 Planning Commission Hearing Date: November 4, 2015 (Tabled from October 21, 2015) Applicant & Legal Description Applicant/Owner: Edward Gonzalez. Legal Description/Location: Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court. Zoning Request From: "RE" Residential Estate District To: "RS -22" Single -Family 22 District Area: 4.259 acres Purpose of Request: To allow the property to be replatted into four smaller lots. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RE" Residential Estate Vacant Estate Residential North "RE" Residential Estate/Special Permit Vacant Estate Residential South Outside City Limits Vacant Low Density Residential East "RE" Residential Estate Vacant Estate Residential West "RE" Residential Estate/Special Permit Vacant Estate Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the London Area Development Plan and is planned for estate residential uses or 1 -acre residential lots. The proposed rezoning to the "RS -22" Single - Family 22 District is not consistent with the adopted Future Land Use Map. Map No.: 046029 Zoning Violations: None Transportation Transportation and Circulation: The subject property is currently served by a private utility and access easement along the northeast edge of the property. Once The Coves at Logo Vista Subdivision is completed, the subject property will have direct access to South Oso Parkway along the western edge of the property. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2015) King Trail Local NA Two lanes, no curb gutter or sidewalks NA South Oso Parkway Parkway/Collector 80' ROW, two lanes, hike bike trail None NA Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RE" Residential Estate District with minimum lot size of one acre to the "RS -22" Single -Family 22 District with minimum lot size of 0.5 acres. The property owner wishes to plat the property into three lots that are 0.5 acres in size and one lot over one acre. Easements across the property are limiting development with the existing "RE" Residential Estate one acre minimum lot size. Development Plan: The proposed rezoning is within The Coves at Largo Vista Unit 3 Subdivision. The applicant is proposing a single-family development on the 4.259 -acre tract of land. The rezoning application land use statement indicates a desire to replat the property into four single-family lots. At a minimum, the Unified Development Code would require a 25 -foot wide front yard and 10 -foot rear and side yards for each lot. The subject property currently has access from a 60 -foot wide access easement on the northern edge of the property. In the future South Oso Parkway will abut the western edge of the property. Existing Land Uses & Zoning: To the West and North of the subject property the area is zoned with an "RE" Residential Estate District with a Special Permit allowing a minimum lot size of % acres. The land use to the West and North is a combination of vacant land and a subdivision under construction. East of the subject property is zoned "RE" Residential Estate District and is developed with a single family dwelling. South of the subject property is outside city limits and is vacant King Ranch property. The "RE" Residential Estate District requires setback requires are: 50 foot front yard; 25 side yard; and 15 foot rear yard. The "RS -22" Residential 22 District setbacks are: 25 foot front yard; 10 side and rear yards. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the London Area Development Plan (ADP). The proposed rezoning to the "RS -22" Residential Single -Family District is consistent with the London ADP but not consistent with the adopted Future Land Use Map's designation of the property as Estate Residential with minimum lot sizes of one acre. Planning Commission Final Report Page 3 While the land use designation is not exactly consistent with the Future Land Use designation, the proposed density is substantially less than standard urban residential densities and should still be considered a "large lot" residential density more similar to densities found in Estate Residential than found in Low Density Residential Development land use categories. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - The density of development in an area should be directly related to the design capacity of the infrastructure. (Policy Statements — General. Policy F.) Since there is no municipal wastewater service in this area, the minimum lot size will allow development to occur and still meet minimum lot size standards for on-site waste disposal systems. - Each neighborhood of the City shall be protected and/or improved so as to be a desirable and attractive residential environment. (Policy Statements — Residential. Policy A.) Development in the area is of a large lot character as proposed by this rezoning. - The London Area Development Plan suggested that the city discourage on-site waste disposal systems due to the low permeability of the Victoria Clay soils in the area. While the proliferation of on-site waste disposal systems remains a concern, a municipal wastewater system to serve the area is unlikely in the foreseeable future. - Provide flood plain management to reduce erosion, peak flows, and poor water quality. (Policy Statements — Stormwater System. Policy B.) The property location is very near the Oso Creek. Large lot development is generally preferable in this location as there is less impervious service associated with large lots (compared with smaller lots/high density development) and, therefore, less urban runoff will flow directly into Oso Creek. Plat Status: The subject property is platted, however, the property owner wishes to replat Lot 21 into smaller lots. The property owner has indicated the desire to replat into four lots. The RS -22 District will allow Lot 21 to be replatted into a maximum of eight lots. Department Comments: • The proposed rezoning deviates from the Future Land Use Map designation but the deviation is not considered significant since the proposed density of a large lot character and proposed uses for single-family is very similar or identical to the designation of Estate Residential in the Comprehensive Plan. • The proposed rezoning is consistent with recent (2007) past rezoning of the Lago Vista subdivision to the North and West allowing a Special Permit to reduce lot sizes in the Estate Residential District to 0.5 acres. • It is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The property to be rezoned is suitable for half -acre lots. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RE" Residential Estate District to the "RS - 22" Single -Family 22 District. Public Notification Number of Notices Mailed — 10 within 200 -foot notification area 2 outside notification area As of November 17, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 7 inside notification area — 0 outside notification area Totaling 56.68% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\1015-02 Lago Vista Unit 3 (Ed Gonzalez)\Council Documents\Report for CC_1015-02 Edward Gonzalez.docx 0 9 400 800 Feet Date Created: 9/28/2015 Prepared By: JeremyM Department of Development Services CASE: 1015-02 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 N s LOCATION MAP City of Corpus Christi Qus cy' 44 i I ~ 1. �� `' 1igi Development Services Dept P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 1015-02 Map No: 046029 10/21/15 Pro M r Bob Payne PC Hearing Date: j. g Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPUCATIONS WILL NOT BE ACCEPTED. 1. Applicant: Edward Gonzalez Contact Person : Victor S. Medina Mailing Address: P.O. Box 7129 City: Corpus Christi State: TX ZIP: 78414-3981 Phone: ( ) E-mail: ' Cell: (361 ) 563-9977 2. Property Owner(s): Edward Gonzalez Contact Person : Victor S. Medina Mailing Address: 6113 Queen Jane Street City: Corpus Christi State: TX ZIP: 78414-3981 Phone: ( ) E-mail: Cell: (361 ) 563-9977 3. Subject Property Address: 6425 King Trail Area of Request (SF/acres): Current Zoning & Use: RE - Residential Proposed Zoning & Use: RS -22 - Residential 12 -Digit Nueces County Tax ID: 1956 - 0002 - 0210 Subdivision Name: Lago Vista Unit 3 Block: 2 Lot(s): 21 Legal Description if not platted: 4. Submittal Requirements: Date Held June 3, 2015 ; with City Staff Mark Orozco o Early Assistance Meeting: 0 Land Use Statement 0 Disclosure of Interest 0 Copy of Warranty Deed IF APPLICABLE: is inconsistent with exhibit landowner ■ Peak Hour Trip Form (if request with Future Land Use Plan) ■ Site Plan for PUD or Special Permit ■ Metes & Bounds Description if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization is not signing this form o Appointment of Agent Form if I certify that I have provided the City r on beha of Corpus i e Christi with a complete application for review that I am authori - • : initiate this rezoning the Property Owner(s); and th - ' r.::.-. on pr is - - r rate. — Applicant's Signature Edward Gonzalez Owner or . • - • - . Edward Gonzalez Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: A/7R/1 5 Received By: BKP ADP: London Rezoning Fee: 1692.50 + PUD Fee 0 + Sign Fee 10.00 = Total Fee 1702.50 No. Signs Required 1 @ $10/sign ign Posting Date: 10/6/15 KIDEVELOPMENTSVCS\SHAREDILAND DEVELOPMENTIAPPLICATIONFORMSIREZONINGIZONING APPLICATION 2015.DOC Form Revised 5/12/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Reduction in the size of residential lots for the purpose of re -platting 4.259 acres into (4) smaller Tots so as to comply with RS -22 zoning requirements. 2. Identify the existing land uses adjoining the area of request: North - RE - Residential South N/A - No present zoning East RE - Residential West - RE - Residential C:\USERSITANYAR.0001DESKTOPIDAILY USEWNNIKAILAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Edward Gonzales STREET: 6113 Queen Jane Street CITY: Corpus Christi ZIP: 78414-3981 FIRM is: O Corporation ©Partnership ()Sole Owner ©Association ° Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 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 N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE [certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Edward Gonzales (Print Name) Signature of Certifying Perso Title: OWNER Date: 8/7-(715` K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Victor S. Medina Mailing Address: P.O. Box 7129 City: Corpus Christi State: TX Zip: 78467-7129 Home Phone: ( ) Business Phone: ( ) Cell: ( 361 ) 877-1255 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make is binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a r-fe -n e to the ;z' tity. *Signature of Agent: Printed/Typed Name of Agent:6 Victor S. Medina Date: 7z///5 Title: RPLS *Signature of Property Owner Printed/Typed Name of Property Owner: Edward Gonzalez Date: Title: Owner *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Brown.APPOINTMENT OF AGENT2-19-09.doc CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christ 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"_ FIRM NAME 1' G � 711D/4)/01 r D/')/01A STREET: Z9, c456)< 7 / ZT CITY: i s C/�2/ ,1'/ ZIP: —7�f�4(7 2. Partnership 3. Sole Owner ✓ 4. Association FIRM is: 1, Corporation 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this 'Sage 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) / 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 Titte N 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 W/W 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 ownershipan-the-above named"3irm". Name N/W Consultant 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, Te =s as changes occur. Certifying Person: / - /' ' 1/t.lta Title: /enoge5Cz">ran✓� fQ (Type or Print) e9w'v6✓ of CertifyingPerson: - Date. 1.//‘//q - Signature CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112. as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME fr/e4,fr:::A, !Z STREET: 3-0 r� � CITY: 6%/;3111 1 icA S ZIP: , `763 /5" FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association byes c �• ✓1ee.14,1- 7L S 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) 5. Other 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 Christi 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 3% or more of the ownership._in-theabove named"firm". Mame Consultant 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 Chririssi Texas as changes occur. `Uyl,�'iv t v� L Certifying Person: T7t�✓i1 ,+/�c Title: I./ ✓lam /'' �-TS Date: / (/1 -5 - (Type or Print) Signature of Certifying Person: Betty P. City of Corpus Christi Development Services Department P.O. Box 9277 Corpus Christi, TX 78469-9277 Betty, I am writing in protest of the zoning change Case No. 1015-02 Edward Gonzalez. I am an adjacent landowner and respectfully request that the rezone of this subject tract not be accepted nor approved. Listed below are the items for the basis of my protest: • Flood Zone issues, inadequate drainage from subject property onto my prpoerty • Easement issues on the subject property that are granted to myself • Access to the subject property, easement issues • Maintenance on the easement access • Schedule of future City Streets accessing the subject property Respectfully, Frank Tom Shumate Jr. 6118 King Trail Corpus Christi, TX 78414 FID #'s 1 and 3 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su irides es limitedo. favor de !lamer al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitor un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1015-02 Edward Gonzalez has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to !ow density residential uses. The property to be rezoned is described as: Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan. will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. October 21, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI. TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address: .rr.IA_ 1& S; j,41,- 611 k 0.5 /ta,1 ( ) IN FAVOR ( ) IN OPPOSITION til. - 1 i,)1 e:-(91)2015 u i 11 i y Y S;c_-1�'IGES C � � i -4, � f� i jll `. [i - REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000059 City/State: 4)-72a% Phone: 3 ( /— k/(a ` S . 7( L Signature Case No. 1015-02 Project Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 1 1 fr 3 425000320125 SHUMATE FRANK THOMAS TRUST NO 2 8253 King Ranch Dr CORPUS CHRISTI, TX 78414 100 a ▪ �"L/= . a ® RIMY BOWLS 02 1M $ 00.485 0004287110 CCT09 2015 MAILED FROM ZIP CODE 78412 DM* Creamd 11?17011 Prepared ley -Jemmy& Dgoahmrmo.r DywykRamtne Stymy, CASE: 1015-02 SUBJECT PROPERTY WITH ZONING Subject Property 114.0 4udd.mlly 1 R4.2 IAand.mlq 2 R31•7 Wltdamlly0 O h PtOlrltlelul OHitl RM AT MWlltamlly AT C 0.I Neighborhood Commercial CN•2 Neighborhood Camr.rsUl CR t Rnwl CommercNl CR 0 R.lert Comm.rclal CG4 G.ner.lCmin.reNl CG -2 Gen4r4ICammereul C; *mauve Cormerclal CBC Garmarn CommereLN CR4 Reaort Camm.rclel FR Film RumI N NI.Iar10 Gnr1.y O R Rushes, P.r. 4 1.1641 Mammal IN Nolq Ir4..Hnel PUO Planned INR Ore Or.rloy R3-10 3mgN•Family 10 R4.1 $Ir0I.-Fam11r 4 R34 3 Omgle-F.m11y 4 0 RS•TF Tr.-F.m0Iy R3•10 Srgl.•Famuy 13 RR Rreiden1Nl FILM. RS-TH Townhaule SP 12pe01•I Perms py RNr.allon.I Vshlpe Perk 11404 Wnu/serured Nom. Pr s<r. - • - III Suer CT PROPEkTY w IILOCATION MAPI rS City of Corpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durance la iunta v su incles es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1015-02 Edward Gonzalez has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property to be rezoned is described as: Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 21, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: 8 ,_ Address: 6 l% t 77G_ , L city/State: Tx ( ) IN FAVOR ( ) IN OPPOSITION Phone: .( /` REASON: D C PAW OCT 202015 DEVELOPMENT SERVICES SPEC" _ SERVICES SEE MAP ON REVERSE SIDE Property Owner ID: 1 HTE# 15-10000059 Case No, 1015-02 Project Contact: Bob Payne Roo Fein City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 1 425000320100 SHUMATE FRANK THOMAS TRUST NO 2 8253 King Ranch Dr CORPUS CHRISTI, TX 78414 SSP Pc 4 - Rem. �_, Y BOW 02 1M $ 00.486 0004287110 CCT09 2015 MAILED FROM ZIP CODE 78412 Dela Cre.lad. 0.7L7011 Prepared By ..,xmy.r OrPexmrm of Oq•.ropnrem 7arlc.e CASE: 1015-02 SUBJECT PROPERTY WITH ZONING SubjaCt Prapeny 1114.1 WllllemIly 1 RM.7 nultdamlhi PO -3 alunit.mlry 3 OH Prafea.lons Milos 1111#1Yunllamlly AT :N•T INIgnOmh1aa Cammer1lal C147 RelpnOor heart Commercial CR 1 R.ewl Commercial C11-2 Rosen Comments' C0.1 General Comme-1.lal C0.7 Gomm" Cemm1rlll11 CI M1nalr. Camme1lal CRO Downtown Comme4lal CA Resort Commercial FR Farm Rural 11 H1.1orl1 Overlay RP Ru.m.0 Park l LIOhl Mantra.' 114 IN.ry Irlau4rn44 PUD Planned Una Der Overlay 1134I 41n34-F.m114 4O Rbc 61ng14.mlly e 113-4 4 31n34 Fanny 11 113 -TF two -Fanny 113.114 31n3. -Family 44 RE Resl.anrlal E.uw R3411 Tawmmu.e 3P Spoon P.rm11 ply Recreatlanal *4441. Pack I4FN nonufa0hr.4 Hem ro 4141 'lar suerlcr.„,,j2 PROPERTY ,LOCATION MAP. a3 City or CoChristi .51 Persians -with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencibn de asistir a esta iunta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the m- - • • dusted desea dirigirse a la commission durante la 'unta su in.I- es limitado. favor de Ilamar al de.: i -nip, de servicios • e rr to al numero (361) 826-3240 al menos 48 h • as antes de la junta para solicit tg'sef,,pLes&r e ddr a nta. OCT 2 6 2015 DEVELOPMENT SERVICES SPECIAL SERVICES CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1015-02 DEVEL SPE, Edward Gonzalez has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property to be rezoned is described as Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 21, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: A/ 44. 14 Sc Address: 6431 4e wIi- 'w 1 ye' City/State: &R ,! r 'o_v_a , 741(.4d ( ) IN FAVOR ( N OPPOSITION Cs-5-7A,c-s) Phone: 36 / es -lie 42 -02 - REASON: /5 /tIO r Cerry 2 fs r- -- w /774- OEsve20Pm- v o'( 7.d;- ,SLI / o q ni -o 1 yJ 1-Cn-ecr ' 7 J e S /0,0y2Gez T , STAFF NOTE: FID#'S 0,6,7,8,9 Signature SEE MAP ON REVERSE SIDE Property Owner ID: «FID» HTE# 15-10000059 Case No 1015-02 Project Contact Bob Payne Aerial Overview Aerial RE - S P/U7 SUBJECT PROPERTY AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3294 Public Hearing and First Reading for Rezoning Property at 6201 and 6301 McArdle Road CAPTION: Case No. 1115-01 Charlie Thomas' Courtesy Ford, Inc.: A change of zoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2), resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property is described as a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive. PURPOSE: The purpose of this item is to rezone the property to develop additional vehicle storage for existing auto dealership. RECOMMENDATION: Planning Commission and Staff Recommendation (December 2, 2015): Tract 2 - Approval of the "CG -2" General Commercial District. Tract 1 - Denial of the change to "CN -1" Neighborhood Commercial District and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit subject to ten conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District, plus the use of the property for parking of vehicles associated with automobile sales and service. Consequently, no commercial buildings are permitted on Tract 1. 2. Buffer Yard: A 20 -foot buffer yard shall be required along McArdle Road and shall consist of trees, landscaping, and a screening fence. 3. Landscaping: The 20 -foot required buffer yard shall include 2 %-inch caliper canopy trees planted every 30 feet and 500 landscape points achieved by plantings other than trees. 4. Screening: A minimum six-foot tall solid screening fence (excluding metal) shall be installed, maintained, and remain in place along McArdle Road south of the required landscaping. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height. No private freestanding light shall be installed within 20 feet of the McArdle Road right-of-way. 6. Outdoor Intercom Systems: Intercom systems may not exceed 60 decibels (dBA) at the property line along McArdle Road. 7. Dumpsters: Solid waste containers shall not be located within the 20 -foot buffer yard. 8. Hours of Operation: 6:30 AM to 7:30 PM 9. Ingress/Egress: A maximum of one ingress/egress point shall be permitted along McArdle Road, which shall be aligned with Nancy Drive unless otherwise determined by Staff during the plan review process. Such access point shall be limited to emergency and employee use only and shall have a bar for the purpose of limiting access of delivery vehicles. McArdle Road shall not be used for deliveries. 10. Time Limit: This Special Permit shall expire if applicable site and building permits for the buffer yard, landscaping and screening fence are not obtained within three years of the approval date of the ordinance. 11.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC and Building Code Requirements. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to the "CN -1" Neighborhood District on Tract 1 and "CG -2" General Commercial District on Tract 2 to develop additional vehicle storage for an existing auto dealership and to create a 100 foot wide strip of "CN" Neighborhood District zoned property along McArdle Road as a buffer to the neighborhood. The proposed rezoning is consistent with some elements of the Comprehensive Plan and the Southeast Area Development Plan, but is not consistent with the Future Land Use Map where the property is planned for medium density residential. It is staffs opinion that the proposed rezoning of Tract 1 may negatively impact the surrounding residential properties across McArdle Road. Staff does not object altogether to the expansion of the existing dealership as such may be appropriately categorized as infill development. Precedent exists throughout the City for requiring buffer areas to mitigate impacts from nonresidential development on residential development. Such precedent exists approximately 1,400 feet to the east of the subject property for the same use. Staff finds it appropriate to apply the same or similar zoning to the subject property. The applicant is in agreement with the Staff and Planning Commission recommendation, which includes a Special Permit and its conditions. ALTERNATIVES: 1. Approve the rezoning to "RM-1/SP" on Tract 1 and "CG -2" on Tract 2 as recommended by Staff and Planning Commission. 2. Approve the request to "CN -1" Neighborhood District on Tract 1 and "CG -2" General Commercial District on Tract 2. 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning is not consistent with the Southeast ADP or the adopted Future Land Use Map's designation of the property as medium density residential. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance (PC) — "RM-1/SP" and "CG -2" Ordinance — Alternative to approve the applicant's original request "CN -1" and "CG -2" Planning Commission Final Zoning Report Ordinance amending the Unified Development Code ("UDC"), upon application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("Owners"), by changing the UDC Zoning Map in reference to a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1) and to the "CG - 2" General Commercial District (Tract 2); 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 Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("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, December 2, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CG -2" General Commercial District (Tract 2) and "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 2), and on Tuesday, January 12, 2016, 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 application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive (the "Property"), from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District (Tract 2) and "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1) (Zoning Map No. 041035), as shown in Exhibits "A", "B", "C" and "D." Exhibits A and C, which are metes and bounds descriptions of the Property, and Exhibits B and D, which are maps to accompany the metes and bounds, and Exhibit E, which is a site plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner complying with the following conditions and site plan (Exhibit E): 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District, plus the use of the property for parking of vehicles associated with automobile sales and service. Consequently, no commercial buildings are permitted on Tract 1. 2. Buffer Yard: A 20 -foot buffer yard shall be required along McArdle Road and shall consist of trees, landscaping, and a screening fence. 3. Landscaping: The 20 -foot required buffer yard shall include 2'/2 -inch caliper canopy trees planted every 30 feet and 500 landscape points achieved by plantings other than trees. 4. Screening: A minimum six-foot tall solid screening fence (excluding fences with metal sheeting or panels) shall be installed, maintained, and remain in place along McArdle Road south of the required landscaping/buffer yard. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height. No private freestanding light shall be installed within 20 feet of the McArdle Road right-of-way. 6. Outdoor Intercom Systems: Intercom systems may not exceed 60 decibels (dBA) at the property line along McArdle Road. 7. Dumpsters: Solid waste containers shall not be located within the 20 -foot buffer yard. 8. Hours of Operation: 6:30 AM to 7:30 PM 9. Ingress/Egress: A maximum of one ingress/egress point shall be permitted along McArdle Road, which shall be aligned with Nancy Drive unless otherwise determined by Staff during the plan review process. Such access point shall be limited to emergency and employee use only and shall have a bar for the purpose of limiting access of delivery vehicles. McArdle Road shall not be used for deliveries. 10.Time Limit: This Special Permit shall expire if applicable site and building permits for the buffer yard, landscaping and screening fence are not obtained within three years of the approval date of the ordinance. 11.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC and Building Code Requirements. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. Page 2 of 4 SECTION 4. 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 5. The Comprehensive Plan Future Land Use Map is amended by this ordinance to reflect a commercial land use designation on the Property. If the Special Permit on Tract 1 expires, the Future Land Use Map designation of Tract 1 shall revert to medium density residential uses. SECTION 6. 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 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 3 of 4 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 for CG -2 and Special Permit_1115-01 Charlie Thomas' Courtesy Ford Page 4 of 4 STATE OF TEXAS COUNTY OF NUECES ELIZONDO & ASSOCIATES 5805 CALLAGHAN RD. STE. 109 PHONE (210) 375-4128 FAX (210) 375-5130 "EXHIBIT A" CG -2 Zoning Area A 9.8511 acre tract of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described as follows: COMMENCING at an "X" scribed in concrete at the north corner of said Lot 5, being in the southwest right of way line of McArdle Road; THENCE South 29° 01' 30" West, with the west line of said Lot 5, a distance of 100.00 feet to the north corner of the herein described tract, same being the POINT OF BEGINNING; THENCE South 61° 02' 06" East, a distance of 991.51 feet to the northeast corner of the herein described tract, being in the east line of said Lot 6; THENCE South 29° 03' 53" West, with the east line of said Lot 6, a distance of 397.57 feet to the southeast corner of the herein described tract and said Lot 6; THENCE North 61° 03' 31" West, with the south line of said Lot 6, a distance of 554.39 feet to an angle point of the herein described tract, said point being in the east line of said Lot 5; THENCE South 29° 01' 30" West, with the east line of said Lot 5, a distance of 80.00 feet to the southeast corner of said Lot 5; THENCE North 60° 57' 27" West, with the south line of said Lot 5, a distance of 436.84 feet to the southwest corner of the herein described tract and said Lot 5; THENCE North 29° 01' 30" East, with the west line of said Lot 5, a distance of 477.20 feet to the POINT OF BEGINNING and containing 9.8511 acres (429,114 square feet) more or Tess. Enrique C. Elizondo, R.P.L.S. No. 6386 EXHIBIT A 10/12/2015 J CG -2 ZONING AREA EXHIBIT FIELD NOTE DESCRIPTION acm, of landln a portion of Lc., and 6 Block of D., w subtliAsion in the City of Corpus Christi, Nueces Co./. Texas. according tat. map Nue Com,. Texas, d in Volume 64. P3ge Rec., 9 moreparticularly described InExilAC and Drawn By: LJG Survey Date: 10/12/2015 P'"e. Iz�dos <f.,daR.Fe7 jz'm "s-'' FIRIA No 10193864 Elizondo & Associates GRAPHIC SCALE 0 100 200 80.00'(R) EXHIBITB r STATE OF TEXAS COUNTY OF NUECES ELIZONDO & ASSOCIATES 5805 CALLAGHAN RD. STE. 109 PHONE (210) 375-4128 FAX (210) 375-5130 A 100 foot wide tract being 2.2763 acres of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described as follows: BEGINNING at an °X° scribed in concrete at the north comer of said Lot 5, being in the southwest right of way line of McArdle Road; THENCE South 61° 02' 08' East, with the northeast Zine of said Lot 5 and Lot 6 and the southwest right of way line of McArdle Road, a distance of 991.57 feet to an 'X" scribed in concrete at the north comer of said Lot 6; THENCE South 290 03' 53° West, with the east line of said Lot 6, a distance of 100.00 feet to the southeast comer of the herein described 100 foot wide tract; THENCE North 61° 02' 08' West, a distance of 991.51 feet to the southwest comer of the herein described 100 foot wide tract, being in the west line of said Lot 5; THENCE North 29° 01' 30" East, with the west line of said Lot 5, a distance of 100.00 feet to the POINT OF BEGINNING and containing 2.2763 acres (99,154 square feet) of land, more or Tess Eng a go rique C. Elizondo, R.P_L.S. No. 6386 EXHIBIT C 10/1212015 FIELD NOTE DESCRIPTION A100 foot Ado tract bang 2.2763 00,0 00 land In o parlan 00,0 5 and, " "eTe'cle'dr/10inns::re'"" 1r05"0e.lap jcartls 0.ILiecerst:',0" Texas being more pailculads, Drawn By: LJG Survey Date: 10/12/2015 PhDPe (210) 375-4128 000 (210) 375-513 Elicondo & Associates LLL 100CN-1 ZONING AREA EXHIBIT GRAPHIC SCALE 0 100 200 EXHIBIT D that this plat "Pems'0".e...r.Vs''ser0Of 70.',The'0:0.:e0'0107OrPrOVsZt L'Ond"Suf „0ing L Er - Tract 1 1 20Landscape Buffer 6' High Fence IIIIIIIIIuIIIIIIIIIuIIIIIIIIIIIIIII 111111111111111111111110 [1111 Tract 2 100' Setback 111: 81-1- fMgje 'r-et.,Jjile WTts,p.1 oa rc*FtlIEfiit tripertilOrt errfcr°g I\ Alrett F ttf - FBrag. - AutoNation Ford Corpiit• Christi • - . r-- '4t:itilik Pi. t.1010 e: e , vitt = •=_ • EXHIBIT E Ordinance amending the Unified Development Code ("UDC"), upon application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("Owners"), by changing the UDC Zoning Map in reference to a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2); 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 Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("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, December 2, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CG -2" General Commercial District (Tract 2) and "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 2), and on Tuesday, January 12, 2016, 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 application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive (the "Property"), from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2) (Zoning Map No. 041035) as shown in Exhibits "A", "B", "C" and "D." Exhibits A and C, which are metes and bounds descriptions of the Property, and Exhibits B and D, which are maps 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. The Comprehensive Plan Future Land Use Map is amended to reflect a commercial land use designation on the Property. 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. Ordinance for CG -2 and CN -1_1115-01 Charlie Thomas' Courtesy Ford 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 for CG -2 and CN -1_1115-01 Charlie Thomas' Courtesy Ford Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES ELIZONDO & ASSOCIATES 5805 CALLAGHAN RD. STE. 109 PHONE (210) 375-4128 FAX (210) 375-5130 "EXHIBIT A" CG -2 Zoning Area A 9.8511 acre tract of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described as follows: COMMENCING at an "X" scribed in concrete at the north corner of said Lot 5, being in the southwest right of way line of McArdle Road; THENCE South 29° 01' 30" West, with the west line of said Lot 5, a distance of 100.00 feet to the north corner of the herein described tract, same being the POINT OF BEGINNING; THENCE South 61° 02' 06" East, a distance of 991.51 feet to the northeast corner of the herein described tract, being in the east line of said Lot 6; THENCE South 29° 03' 53" West, with the east line of said Lot 6, a distance of 397.57 feet to the southeast corner of the herein described tract and said Lot 6; THENCE North 61° 03' 31" West, with the south line of said Lot 6, a distance of 554.39 feet to an angle point of the herein described tract, said point being in the east line of said Lot 5; THENCE South 29° 01' 30" West, with the east line of said Lot 5, a distance of 80.00 feet to the southeast corner of said Lot 5; THENCE North 60° 57' 27" West, with the south line of said Lot 5, a distance of 436.84 feet to the southwest corner of the herein described tract and said Lot 5; THENCE North 29° 01' 30" East, with the west line of said Lot 5, a distance of 477.20 feet to the POINT OF BEGINNING and containing 9.8511 acres (429,114 square feet) more or Tess. Enrique C. Elizondo, R.P.L.S. No. 6386 EXHIBIT A 10/12/2015 J CG -2 ZONING AREA EXHIBIT FIELD NOTE DESCRIPTION acm, of landln a portion of Lc., and 6 Block of D., w subtliAsion in the City of Corpus Christi, Nueces Co./. Texas. according tat. map Nue Com,. Texas, d in Volume 64. P3ge Rec., 9 moreparticularly described InExilAC and Drawn By: LJG Survey Date: 10/12/2015 P'"e. Iz�dos <f.,daR.Fe7 jz'm "s-'' FIRIA No 10193864 Elizondo & Associates GRAPHIC SCALE 0 100 200 80.00'(R) EXHIBITB r STATE OF TEXAS COUNTY OF NUECES ELIZONDO & ASSOCIATES 5805 CALLAGHAN RD. STE. 109 PHONE (210) 375-4128 FAX (210) 375-5130 100' CN -1 Zoning Area A 100 foot wide tract being 2.2763 acres of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described as follows: BEGINNING at an "X" scribed in concrete at the north comer of said Lot 5, being in the southwest right of way line of McArdle Road; THENCE South 61° 02' O8" East, with the northeast line of said Lot 5 and Lot 6 and the southwest right of way line of McArdle Road, a distance of 991.57 feet to an "X' scribed in concrete at the north comer of said Lot 6; THENCE South 29° 03' 53" West, with the east line of said Lot 6, a distance of 100.00 feet to the southeast comer of the herein described 100 foot wide tract; THENCE North 61° 02' 08" West, a distance of 991.51 feet to the southwest comer of the herein described 100 foot wide tract, being in the west line of said Lot 5; THENCE North 29° 01 30 East, with the west tine of said Lot 5, a distance of 100.00 feet to the POINT OF BEGINNING and containing 2.2763 acres (99,154 square feet) of land, more or less. Enrique C Elizondo, R P L' S No 6386 Exhibit C 10/12/2015 FIELD NOTE DESCRIPTION A100 foot Ado tract bang 2.2763 00,0 00 land In o parlan 00,0 5 and, " "eTe'cle'dr/10inns::re'"" 1r05"0e.lap jcartls 0.ILiecerst:',0" Texas being more pailculads, Drawn By: LJG Survey Date: 10/12/2015 PhDPe (210) 375-4128 000 (210) 375-513 Elicondo & Associates LLL 100CN-1 ZONING AREA EXHIBIT GRAPHIC SCALE 0 100 200 EXHIBIT D that this plat "Pems'0".e...r.Vs''ser0Of 70.',The'0:0.:e0'0107OrPrOVsZt L'Ond"Suf „0ing L Er - Tract 1 1 20Landscape Buffer 6' High Fence IIIIIIIIIuIIIIIIIIIuIIIIIIIIIIIIIII 111111111111111111111110 [1111 Tract 2 100' Setback 111: 81-1- fMgje 'r-et.,Jjile WTts,p.1 oa rc*FtlIEfiit tripertilOrt errfcr°g I\ Alrett F ttf - FBrag. - AutoNation Ford Corpiit• Christi • - . r-- '4t:itilik Pi. t.1010 e: e , vitt = •=_ • EXHIBIT E PLANNING COMMISSION FINAL REPORT Case No. 1115-01 HTE No. 15-10000052 Planning Commission Hearing Date: December 2, 2015 (continued from Nov. 18th) Applicant & Legal Description Applicant: Charlie Thomas' Courtesy Ford, Inc. Owner: Patrick and Amy Nolan Legal Description/Location: A 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, located along the south side of McArdle Road between Prince Drive and Clare Drive. Zoning Request From: "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District To: "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2) Area: 12.1274 Purpose of Request: To develop additional vehicle storage for existing auto dealership. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1, "RM -AT" Multifamily AT, "RM -3" Multifamily 3 and CN -1 Neighborhood Commercial Vacant, Medium Density Residential North "RS -6" Single -Family 6 & "CN -1" Neighborhood Commercial Low Density Residential, Public Semi -Public and Commercial Low Density Residential & Commercial South "CG -2" General Commercial Commercial and Vacant Commercial East "CN -1" Neighborhood Commercial Medium Density Residential and Vacant Medium Density Residential and Commercial West "CN -1" Neighborhood Commercial,"CG-2" General Commercial and "RS -6" Single- Family 6 Commercial Commercial and Medium Density Residential Planning Commission Final Report Page 2 o 0 c� o E a 5 Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is predominantly designated as medium density residential with commercial uses designated on the northeast corner of the property. The proposed rezoning to the "CN -1" Neighborhood Commercial and "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan or the Southeast Area Development Plan where shown for medium density residential uses. Map No.: 041035 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 1,750 feet of street frontage along McArdle Road, which the Urban Transportation Plan designates as a C3 Primary Collector street. The maximum desirable average daily trips for a C3 Primary Collector street is 4,000 to 8,500. Street Urban Transportation Plan Type Proposed Section Existing Section McArdle Road C3 Primary Collector 75' ROW 50' paved 66' ROW 47' paved Traffic Volume (2013) 17,222 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2) to develop additional vehicle storage for an existing auto dealership and to create a 100 foot wide strip of "CN" Neighborhood District zoned property along McArdle Road. Development Plan: The applicant is proposing to rezone for the purpose of creating additional vehicle storage for an existing automobile dealership. The applicant also indicates the possibility for the construction of a service building. No access points have been proposed to McArdle Road at this time. Existing Land Uses & Zoning: North of the subject property, across McArdle Road, a single-family subdivision exists in the "RS -6" Single -Family 6 District and an AEP electrical substation and a convenience store exist in the "CN -1" Neighborhood Commercial District. To the south of the subject property is the Charlie Thomas Courtesy auto dealership (Auto Nation Ford) in the "CG -2" General Commercial District. The property to the east of the subject property is developed as the Towne Oaks Apartments as well as vacant land and a retail commercial use in the "CN -1" Neighborhood Commercial District. To the west of the subject property is vacant commercial land owned by the Fiat Dealership and zoned "CG -2" General Commercial, a single-family house zoned "RS -6" Single Family and property in the "CN" Neighborhood Commercial District developed as a barber shop and a sports pub. Planning Commission Final Report Page 3 AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning is not consistent with the Southeast ADP or the adopted Future Land Use Map's designation of the property as medium density residential. This designation exists for the majority of the subject property with the exception of the northeast corner of existing Lot 6, which is designated for commercial uses. Additionally, the following pertinent policies of the Comprehensive Plan and the Southeast Area Development Plan warrant consideration: - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement D). - Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). Department Comments: • The proposed rezoning is consistent with some elements of the Comprehensive Plan and the Southeast Area Development Plan. • The proposed rezoning is not consistent with the Future Land Use Map where the property is planned for medium density residential. • It is staff's opinion that the proposed rezoning of Tract 1 may negatively impact the surrounding residential properties across McArdle Road. • Staff does not object altogether to the expansion of the existing dealership as such may be appropriately categorized as infill development. Staff does find it necessary, however, to maintain the integrity of the Future Land Use Map by maintaining an area with a residential designation, which can serve as a suitable buffer for the existing residential development across McArdle Road. • A Special Permit will permit parking associated with vehicle sales and service while mitigating the impacts on adjacent residential development. o Special Permit Review Criteria set forth in the UDC are applicable and have been reviewed. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Tract 2 - Approval of the "CG -2" General Commercial District Tract 1 - Denial of the change to "CN -1" Neighborhood Commercial District and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for vehicle parking associated with automobile sales and service, subject to a site plan and the following conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District, plus the use of the property for parking of vehicles associated with automobile sales and service. Consequently, no commercial buildings are permitted on Tract 1. 2. Buffer Yard: A 20 -foot buffer yard shall be required along McArdle Road and shall consist of trees, landscaping, and a screening fence. 3. Landscaping: The 20 -foot required buffer yard shall include 2 '/2 -inch caliper canopy trees planted every 30 feet and 500 landscape points achieved by plantings other than trees. 4. Screening: A minimum six-foot tall solid screening fence (excluding metal) shall be installed, maintained, and remain in place along McArdle Road south of the required landscaping. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height. No private freestanding light shall be installed within 20 feet of the McArdle Road right-of-way. 6. Outdoor Intercom Systems: Intercom systems may not exceed 60 decibels (dBA) at the property line along McArdle Road. 7. Dumpsters: Solid waste containers shall not be located within the 20 -foot buffer yard. 8. Hours of Operation: 6:30 AM to 7:30 PM 9. Ingress/Egress: A maximum of one ingress/egress point shall be permitted along McArdle Road, which shall be aligned with Nancy Drive unless otherwise determined by Staff during the plan review process. Such access point shall be limited to emergency and employee use only and shall have a bar for the purpose of limiting access of delivery vehicles. McArdle Road shall not be used for deliveries. 10.Time Limit: This Special Permit shall expire if applicable site and building permits for the buffer yard, landscaping and screening fence are not obtained within three years of the approval date of the ordinance. 11.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC and Building Code Requirements. Planning Commission Final Report Page 5 Public Notification Number of Notices Mailed — 43 within 200 -foot notification area 5 outside notification area As of December 22, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 1.25% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Neighborhood Notices Returned Report for CC_1115-01 Charlie Thomas' Courtesy Ford, Inc. 0 400 800 Feet D. to Created: 10/27/2035 Prepared By: JeremyM,, Departmenl'of Development Services/ CASE: 1115-01 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 Ca BOO ,os 0 LOCATION MAP YIN City of �m Corpus Christi 17, maim Amon scut) 0 • • a - A. Approved CDS & r m Kam faylwo P.M. ue..r ew [Avlr.rrc .OF Mame MM. OM 'C)Mh1; IV""' IAL 4,- 191 SURVEY DRAIVGIG CN JJ '1 .71=l.Y.�J nW wr V AE M, 00, P. MAO MOO IT 16.1 VICINITY MAP Il.r i.__ �rw+•.f•.-. Y..r..� F•�r-.r-Hr++.�r*+•-w��..�•+•re.l.e.i 1BH ALTFJACSY Lan dM N1 .q 5 r.•.•.•�•grr. _ Am11i.13.MrOf COMMERCIAL Oee otUGL \C6 %t1,12 US Fm BM 457.71711 . P.p.., For t.....•. w 20 PROSECT MOMS SRI LkApdloRM am* fJ..l Tre. riMI Wm PIHMATCIN COS Piq.d MO= 76MOWti f /S-/daaas2. Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 626-3240 Located at 2406 Leopard Street t 0 H p REZONING APPLICATION Case No.: 1115-01 Map No.: 041035 PC Hearing Date: Nov. 18, 2015 Proj.Mgr: Dolores Wood Hearing Location: Citv Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. "A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. " INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant Charlie Thomas' Courtesy Ford, Ltd. Mailing Address:800 N. Shoreline, Suite 800S Contact Person : R. Bryan Stone City_ Corpus Christi State: TX E-mail ZIP: 78401 Phone' ( 361 ) 880-5830 Cell: ( ) Property Owner(s): Patrick and Amy Nolan Mailing Address: 6001 Holly Road Contact Person : Patrick Nolan City, Corpus Christi State TX ZIP. Phone Phone; ( ) E-mail: Cell: ( ) Subject Property Address: 6201 McArdle (see addendum) Area of Request (SF/acres).. 5.907 Acres Current Zoning &Use, RM -1 RM -AT, RM -3 and CN -1 Proposed Zoning &Use: CN -1; CG -2 12 -Digit Nueces County Tax ID: 2198 T 0001__ 0050 Subdivision Name: Dusty Hills Block: 1 Lot(s): 5 Legal Description if not platted: Submittal Requirements° ❑■ Early Assistance Meeting: Date Held July 24, 2015 . with City Staff Dolores Wood and Annika Gunning ❑■ Land Use Statement ❑■ Disclosure of Interest 4 Copy of Warranty Deed IF APPLICABLE: ❑■ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit 0 Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization ❑■ Appointment of Agent Form if landowner is not signing this form I certify thayt I have rovided thy I ' of Corpus Christi with a complete application revie hat I am aur =d to initiate this rezoning / / a . - •e Property Owner(s); and the inf ation vided is a fa Owner or Agent's Sign ure V Applica 's Igna ure 3-teY SmAT T Owner or Agent's Pri ed Name att Applicant's Printed N Office Use Only: Date Received: 1 to S Received By POI. -01Z s W- ADP: S 041141 ea -64 - Rezoning Fee: t1q 7(P,15 + PUD Fee. ~' + Sign Fee 3b," = Total Fee 00t0.15 No. Signs Required _ $10/s1Sign Posting Date' �RaD K:IDEVELOPMENT5VCSiSHARE0ILAND DEVELOPMENTAPPLICATION F RMSIREZONINWONING APPLICATION 2015 DOC Form Revised 5!1212015 ADDENDUM 3. Subject Property Address: 6301 McArdle Road Area of Request (SF/acres): 6.220 Acres Current Zoning & Use: RM -1 RM -AT, RM -3 and CN -1 Proposed Zoning & Use: CN -1; CG -2 12 -Digit Nueces County Tax ID: 2198 - 0001- 0060 Subdivision Name: Dusty Hills Block: 1 Lot(s): 6 Legal Description if not platted: LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Our plan for the subject property is to develop it as additional vehicle storage for our Ford Mazda dealership currently located adjacent to the subject property with the possibility of some type of service expansion building in the future. As shown on the site plan, we desire to create a 100 foot buffer of CN -1 zoning along the portion of the subject property fronting McArdle Road. 2. Identify the existing land uses adjoining the area of request: North _ McArdle Road South - Mini -Storage Units; Auto Dealership East - Mutli-Family Apartments; Sales, Supplies & Service West _ Vacant Land, Cell Phone Tower; Shopping Center C'.1USERS{TANYAR.0004DESKTOPIDAILY U5EIANN1KAU AND USE STATEMENT FOR ZOMNG.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the follow ng information. Every question must be answered. If the question is not appl cable, answer with "NA". NAME: Charlie Thomas' Courtesy Ford, Ltd. STREET: 200 SW 1st Avenue, 14th Floor CITY: Fort Lauderdale Zip: 33301 FIRM is:°Corporation @Partnership °Sole Owner °Association @Other DISCLOSURE QUESTIONS If add tional 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 Titre and City Department (If known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 3% or more of the ownership in the above named "firm". Name Consultant 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 ofti ny info •+ -+ _ s' and that supplemental statements will be promptly submitted to he City of Corpus Texas as changes occur. /it,Titre J1i f1` Certifying Person: r'EIFieEy s# ,4ttrye�zZd A4FNr in Signature of Certifying Person: OF61-I L4E Trian }.'' ( iarLvPLL ,Date: /r5 (ENEeft. ¢,iT E +' K.1DEVELOPM.ENTSVCSL571AREOI[NJ0-EVELCPMENTIAPPLICATIOr! FORM5IREZGNINGIDISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with 'NA". NAME: Amy Nolan STREET: 6001 Holly Road CITY: Corpus Christi zip: 78412 FIRM is:°Corporation @Partnership °Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 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 N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 3% or more of the ownership In the above named "firm". Name Consultant N/A CERTIFICATE 1 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: y ll Iii l' r (Print Name) Signature of Certifying Person: Title: 0 AU V Date: K1Dt vEIDPUENT5VC5LSHARE011.AND DEVE.OPNIENTIAFPUCATION FORMS REzONINGIDISCLOSuRE OF INTERESTS STATEMENT 5.12.2D15.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with 'NA'. NAME: Patrick Nolan STREET: 6001 Holly Road CITY: Corpus Christi zJP: 78412 FIRM is:OCorporation @Partnership °Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name 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 N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 31/4 or more of the ownership in the above named "firm". Name N/A Consultant CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to the City of CorpusaChristi, Texas as changes occur. Certifying Person: P4TI ."C4. (4 ‘,1. f Title: 4,W,I P� (Print Name) Signature of Certifying Person: f Date: ? -/t l.s KTEVELOPMENTSVCSISHAREDU.AND OEVELOPMENTI4PPLI:ATION FORMSVHF.ZONINGIDISCLOSURE OF INTERESTS STATEMENT 5.122015.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every auestion must be answered. If the question is not applicable, answer with "NA". NAME: R. Bryan Stone STREET: 800 N. Shoreline, Suite BOOS CITY: Corpus Christi Z1P: 78401 FIRM is:OCorporation °Partnership ()Sole Owner °Association ° Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name 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 NIA Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NIA 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 3% or more of the ownership in the above named "firm". Name N/A Consultant 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 an formation requested; and that supplemental statements will be promptly submitted to City of Corp 'Christi, Texas as changes occur. Certifying Person: Signature of Certifying Person: Title: Date :J K:%DEVELOPMENTS', C555HAREDILAND DEVELOPMENT ,PPLICATION F f RMSU EZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.000 APPOINTMENT OF AGENT .\s owner of the subject property, 1 hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: R. Bryan Stone mailing Address: 800 N. Shoreline, Suite 800S City; Corpus Christi State: TX zip: 78401 Home Phone: ( j Business Phone: ( 361 ) 8810-5830 Cell: ( I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and bre irt;, signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf: consent to legally binding modifications; conditions, and exceptions on my behalf; and. to execute documents on my behalf which are legally binding on me. C understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has Tess than full authority to act, then the application may be suspended and 1 will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore. I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising frons this matter. if my property is owned by a orporatio partnership, venture, or other legal entity, then I certify that I have the legal authority to ula t' bind* ininteltt on behalf of the entity, and every reference L o t is a. io herein to "I", ::my", or "me" is a r-' encu to t'er/A gi ,,#' *Signature of Agent: Printed/Typed Name of Agent: R. Bi an Stone *Signature of Property Owner: Title: Printed/"Typed Name of Property Owner: Petrick Nolan *Signature of Property Owner: _ r' Title: LL, i) Date: Istat Printed/Typed Name of Property Owner: Aniy Nolan Title: (i,{,t1 V Date: X01 V `Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application rnust be signers by the individua! applicant, each partner of a partnership, or by an authorized officer of a corioration or association. O.W.Brov.n AFt O1 NT: IEN1' OF AGENT2-I PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Chnsu, TX 78408 Phone (361)826-3240 WWW. cctexas com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: 62016 6301 McArdle Road Legal Description (Subdivision, Lot, Block): 5.907 Acres 86.220 Acres out of Dusty Hills, Lots 5 86, Block 1 Applicant Name: Cherie Thomas Courtesy Ford, Ltd. Address: 800 Ntxttt Shoreline, Suite BOOS Telephone: 361-886-683° City'State?Zip: Corpus Christi, TX 78401 Email: bstoae@prdg.00m ram@munazengrg corn Application Status (Select One)- El Rezoning ❑ Site PlanJStrcet Closure Existing Land Use Tract I Unit of Acres I4 Measure Zoning Land Use I.T.G. Codc A M. Trip Rate Peak A M. Trips P.M. Trip Rate Peak P.M. Trips 5.907 f Per Cwelli, RM -1, AT, 3, CN -1 P Uli-Fi-'j Apa rent 220 0.55 208 0.67 254 6.220 Per RM -1, AT, 3, CN -1 Mrdn-F . t 220 0.5 219 0,67 267 I 1.26 341 I Proposed Land Use Tract Acres Unit of ticasurc Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 5.907 1000 sq ft CN -1, CG -2 Single Tenant Binding 770 140 360 1.26 324 6.220 1000 sq ft CN -1, CG -2 Single Tenant Building 770 1.40 379 1.26 341 To tat 739 Tatal 665 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) McArdle Road Yes 60 48 For City Use Only A Traffic Impact Analysis yrequired. The consultant preparing the 11A must meet with ❑the City to discuss the scope and requirements of the analysis prior to beginning the TIA- A Traffic Impact Analysis is NfOT required. The proposed traffic generated docs not exceed the established threshold. ❑ The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note This completed and reviewed form must accompany any subsequent application for the IDENTICAL project CHANGES to i.he proposal protect will require a new TIA dctermnation to be made Vernon 1 01o!'15) Persons with disabilities planning to attend this meeting, who may require special services, are requested to con the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencian de asistir a este junta y que reouieren servicios espegiales, se les sqg i a cue den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrolio, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su irides es limited°, favor de !lamer al departamento de servicios de desarrollo al ni mero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1115-01 Charlie Thomas' Courtesy Ford, Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood Commercial District (Tract 1) and the "CG -2" General Commercial District (Tract 21,as shown on the map included, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property to be rezoned is described as: A 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 18, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name; v .rivx 4 /d!° Address, I ' �} /lf City/State; C.,. ' ,✓ ( ) IN FAVOR (, 3 IN OPPOSITION ( one: JAI , .9 /yewREASON: SEE MAP ON REVER Property Owner ID; 29 HTE# 15-10000052 E SIDE n NOV 6 2015 DEVE.� FArE_;� ic7RVICES SPLCIA . StRV GES Case No. 1115-01 Project Manager: Dolores Wood City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 29 607600190020 NOLL EUGENE ANTHONY 1218 NANCY CORPUS CHRISTI, TX 78412 c PITNEY BOWES 02 1M $ 00+485 0004267110 NOV06 2015 MAILED FROM 2IPCODE 78412 CASE: 1115-01 SUBJECT PROPERTY WITH ZONING 10.1.1 klunlr,mny 1 RM. x N IIIIamly 2 Rua Leunlfamly 3 O 11 Pralesslonel 011ncs Au -AT LAM family AT CH I CN -2 CR.1 CR 2 CG -I CG•2 CI CBD CR 1 FR N B P Subject Property Hegnborhooa Commercial Helonbernnod Commercial Resell Commercial! Raeert Commercial General Commerela. General Commercial InlemMs Commercial Downtown Commercial Resort Comminute Farm Rural Hutene Overlay Buekaeu Palk IL Lghl outman -1 IN Huey Indutrlal PUD Planned unn Dee. overlay 81.10 INnple-1 em y 10 R34 Slnple.Famly 1 RS -4 S Slnple.Famlly 4 S RS .TF I. amlly RS 16 31npy-Fem:y'a RE Reamemtal (slake RS•TH Tawnhaue, SP 6pe.1al Perm t RV Recreational Vehicle Park maul Leonora -fuse Home rtocArronr SUB.JECT PROPERTY Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1115-01 Charlie Thomas' Courtesy Ford1Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood Commercial District (Tract 1) and the "CG -2" General Commercial District (Tract 2),as shown on the map included, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property to be rezoned is described as: A 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 18, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0 BOX 9277. CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: E VEIL IIV �A TA 54 Af Address: cP /04. =.�t -cL City/State: s � -c if 7A /Y ( ) IN FAVOR REASON: OPPOSITION Phone: J6 t- q1/..-3- 7 95Z u u NOV 16 2015 DEVELOPMENT SER'1C.ES SPECIAL SERVICES SEE MAP ON REVERSE SIDE Property Owner ID: 36 ick HTE# 15-10000052 Case No. 1115-01 Project Manager: Dolores Wood City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 36 308500030060 PAPASAN EVELYN JOSEPHI 1001 PYRAMID CORPUS CHRISTI, TX 78412 tJ_ Z rrr PIITriy ItOK'f.5 02 1M 0004267110 NOV06 2015 MAILED FROM ZIP CODE 78412 $ 00.486 CASE: 1115-01 SUBJECT PROPERTY WITH ZONING 4'•� Subject I. Property. RM.1 M.X fa...Iy 1 RM•2 Multifamily 2 RM 2 uunllemly a O H Prolefe:ena10111ce Rle AT Mrltlf. a IT AT CR 1 1e1Bhborhood Commer_4. CN 2 Halonherneee Common 1.1 CR.1 Resent Cemmeltla1 CR.2 CG 1 CG.2 CI CID CR -2 FR H B P Reeorl Commercial General CammeRla General Coremenlel In4mtrs Commercial D eemtewn Cemn{erc4I Rewrt Centmere4l Farm Run student Breruy B usineee Pare IL bunt Industrial IX Heavy Indualrla PUB Planned Onn Bee Orn4y RS 1r Single Famly lu R34 51nglrFemly 4 R34.4 Srnple•Femlry 4 e RS.TF Two•FamIly 83.14 Single•Fam .if 13 RE Resloentlal Eaten RS•T11 Townhouse SP Spetral Perm, try Recreational Whlcle Part RMH MenuNemred Home / e LLOCATION MAPJ. % City of Corpus Christi Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Rezoning Property at 6122 Kostoryz Road CAPTION: Case No. 1215-01 Venamex, LLC.: A change of zoning from the "ON" Office District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property is described as Lot 1, Block 1, Bridges Mill Village Unit 1, located on the northeast corner of Kostoryz Road and Masterson Drive. PURPOSE: The purpose of this item is to rezone the property to develop a commercial retail center. RECOMMENDATION: Planning Commission and Staff Recommendation (December 2, 2015): Approval of a change from the "ON" Office District to the "CN -1" Neighborhood Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "ON" Office District to the "CN -1" Neighborhood Commercial District for the purpose of developing a commercial retail center with commercial pad sites along Kostoryz Road. The proposed rezoning is consistent with various policies and goals of the Comprehensive Plan and the Southside Area Development Plan and is consistent with the Future Land Use Map. The subject property is located at the intersection of a minor arterial and a residential collector, a preferred location for nonresidential development. Approval of the rezoning does not alter the character of the surrounding area or the intent of the Future Land Use Map which designates the property as suitable for commercial uses, and requirements of the UDC such as landscaping, buffering and lighting requirements will ensure development occurs in a manner that is harmonious with existing residential development. The proposed zone is compatible with surrounding zoning and conforming uses and the property is suited for the uses allowed by the "CN -1" Neighborhood Commercial District. The rezoning would not result in a negative impact to the surrounding properties. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a commercial uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Zoning Report Ordinance amending the Unified Development Code ("UDC"), upon application by Venamex, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block 1, Bridges Mill Village Unit 1, from the "ON" Office District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Venamex, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 2, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CN -1" Neighborhood Commercial District, and on Tuesday, January 12, 2016, 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 Venamex, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 1, Block 1, Bridges Mill Village Unit 1, located on the northeast corner of Kostoryz Road and Masterson Drive (the "Property"), from the "ON" Office District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 047036). Exhibit "A", which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning does not result in an amendment to the Comprehensive Plan Future Land Use Map. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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_1215-01 Venamex, LLC Page 2 of 2 LOCATION MAP 1 City of Corpus Christi RS-6 oN 941s. �o.4* A4** SUBJECT PROPERTY RS -4.5 Date Created: 11/6/2015 Prepared By: JeremyM Department of Development Services CASE: 1215-01 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 "A" Aerial Overview Aerial SUBJECT PROPERTY PLANNING COMMISSION FINAL REPORT Case No. 1215-01 HTE No. 15-10000061 Planning Commission Hearing Date: December 2, 2015 Applicant & Legal Description Applicant/Owner: Venamex, LLC Legal Description/Location: Lot 1, Block 1, Bridges Mill Village Unit 1, located on the northeast corner of Kostoryz Road and Masterson Drive. Zoning Request From: "ON" Office District To: "CN -1" Neighborhood Commercial District Area: 2.14 acres Purpose of Request: To develop a commercial retail center. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "ON" Office District Vacant Commercial North "RS -6" Single -Family 6 Vacant Low Density Residential South "CN -1" Neighborhood Commercial Commercial Commercial East "RS -4.5" Single -Family 4.5 Low Density Residential Low Density Residential West "RS -6" Single -Family 6 Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is designated as commercial. The proposed rezoning to the "CN -1" Neighborhood Commercial is consistent with the adopted Future Land Use Map and the Southside Area Development Plan. Map No.: 047036 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 400 feet of street frontage along Kostoryz Road, which the Urban Transportation Plan designates as an Al Minor Arterial Undivided street and 250 feet of street frontage along Masterson Drive, which is designated as a 01 Minor Residential Collector street. The maximum desirable average daily trips for an Al Minor Arterial is 15,000 to 24,000 trips and 1,000 to 3,000 trips for 01 Minor Residential Collector. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Kostoryz Road Al Minor Arterial Undivided 95' ROW 64' paved 120' ROW 68' 8,529 ADT Masterson Drive 01 Minor Residential Collector 60' ROW 40' paved 60' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "ON" Office District to the "CN -1" Neighborhood Commercial District. Development Plan: The applicant is proposing to rezone for the purpose of developing a commercial retail center with commercial pad sites along Kostoryz Road. The applicant seeks to develop a retail center. The applicant envisions initial development of the site to consist of a single -story facility of approximately 12,000 square feet with potential pad sites along Kostoryz Road for future development. A site plan showing how development might occur is attached for illustrative purposes. Existing Land Uses & Zoning: North of the subject property is vacant land in the "RS - 6" Single -Family 6 District. To the south of the subject property is the Army Navy Community Credit Union in the "CN -1" Neighborhood Commercial District. The property to the east is a developed single-family subdivision zoned "RS -4.5" Single -Family 4.5. The property to the west across Kostoryz Road is vacant land zoned "RS -6" Single - Family 6. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning is consistent with the Southside ADP and the adopted Future Land Use Map's designation of the property for commercial uses. Planning Commission Final Report Page 3 Additionally, the following are pertinent policies of the Comprehensive Plan and the Southside Area Development Plan applicable to this application that warrant consideration. - Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). - Providing goods, services, and employment opportunities that are within walking distance to adjacent residential areas (Comprehensive Plan, Commercial Policy Statement A) - Encouraging commercial activities such as convenience stores, professional offices, and other services that serve surrounding residential areas at sites that promote and encourage pedestrian traffic while they maintain good vehicular access (Comprehensive Plan Commercial Policy Statement G). Department Comments: • The proposed rezoning is consistent with various policies and goals of the Comprehensive Plan and the Southside Area Development Plan. • The proposed rezoning is consistent with the Future Land Use Map and does not result in a change to the Future Land Use Map. • The subject property is located at the intersection of a minor arterial and a residential collector, a preferred location for nonresidential development. • Approval of the rezoning does not alter the character of the surrounding area or the intent of the Future Land Use Map which designates the property as suitable for commercial uses. • Requirements of the UDC such as landscaping, buffering and lighting requirements will ensure development occurs in a manner that is harmonious with existing residential development and, the proposed zone is compatible with surrounding zoning and conforming uses. • The property is suited for the uses allowed by the "CN -1" Neighborhood Commercial District. • The rezoning would not result in a negative impact to the surrounding properties. Planning Commission and Staff Recommendation: Approval of a change from the "ON" Office District to the "CN -1" Neighborhood Commercial District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 21 within 200 -foot notification area 2 outside notification area As of December 22, 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. Site Development Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\1215-01 Venamex (Fred Garza)\Council Documents\Report for CC_1215-01 Venamex, LLC.docx LOCATION MAP 1 City of Corpus Christi RS-6 oN 941s. �o.4* A4** SUBJECT PROPERTY RS -4.5 Date Created: 11/6/2015 Prepared By: JeremyM Department of Development Services CASE: 1215-01 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 "A" +Ni ilIKI 011'dnm9 U6t OMH Ian 17L l! 4r wog Ecl cro 0= neo nE Q v 0 X3QN1 — 31111 TIM MIL U_ 112 ;uamdopkaa xauc'uait GAD UOSJ9 SOfy 4 Net Jor �? r V+ f �m 2 1 '`_'•_ . :tn Cat _i 'x -fir'. r1 it . L-083 1400.0C.I orf rm _'.... 00 �Ai e. ,, J r.: � h12/2/15 �^-� 1852 Development Services Dept, P.O. Sox 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street R REZONING APPLICATION Office Use Only Case No.: 1215-01 Map No.: 047036 PC Hearing Date: Proj.Mgr. Steven Rhea Hearing Location: City Hall, Council Chambers. 1201 Leopard Street Hearing Time: 5:30 p.m. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. tt 1. Applicant bs.�to 1,-- . k....)-n#i<t r Ard.t+Pc+ Contact Person : �.vth 1/(--A(ktrT r Mailing Address 6,6,aa.. Serra fir• ') , City E-mail ZIP 7f11412-- Phone (We1 ) S 54- `t 359 ttv Cell ( ) S�� '- 2. Property Owner(s). Y IV ex ,!.....L •C-•• Contact Person : Vfed G Ar --6 Q ' Mailing Address ? a Ie) WI nV w Mrsv4 Zr • City: Of S Gkrts E-mail State ZIP 7 Phone (:'Co 1 ) (d `t moi- 4241 Cell ( ) `J Arne - 3. Subject Property Address 61 Q.:a R. UZ RI i Area of Request (SF/acres) q -i3 09 •t44:t Current Zoning & Use o4 (ukti eNett,) Proposed Zoning & Use c_I4-1 12 -Digit Nueces CountytyTax ID: QC/ a• -1.`,t% t y�-PPL (_ Subdivision Name: C,Ir t i' 1 \i t l l an. 1 Block 1 Lot(s) 1 Legal Description if not platted: C t OtO f_S 1 r , 11t U t (biqe [111.L -t- Lc,+ 1 itileve,1 4. Submittal Requirements 'Early Assistance Meeting Land Use Statement IF APPLICABLE: Date Held C with City Staff S 4--e."4 en -RIrve a ■ Disclosure of Interest • Copy of Warranty Deed is inconsistent with exhibit landowner with Future Land Use Plan) 0 Site Plan for PUD or Special Permit ■ Peak Hour Trip Form (if request ■ Metes & Bounds Description if property includes un -platted land (sealed by RPLS) • Lien Holder Authorization o Appointment of Agent Fom1 if is not signing this form certify that I have provided the City of Corpus Christi with a complete applica f• review th t I am au or¢ tate this rezoning as or on behalf of the Property Owner(s); and th - fo • atio s a to Owner or Ag --t•s ignatu V . z � Owner or Agents Printed Name Ap "cant's Sig ature As'40 L`Lc�AG s2 ppticant s Printed Name Office Use Only: DateReceived: it' . tS Received By: bi� ADP: S j(ADate Rezoning Fee: I 2.50 + 1 PUD Fee t + Sign Fee 2•(3 • OC) = Total Fee* ( 71 Q • 5r) No. Signs Required ca.@ $10/sign Sign Posting Date: 11/17/15 ! KIDEVELOPMENTSVCSISHAREDV_ANODEVE!_--PMENTWPPUCATlONFORMSVRE2ONlNG12:_MNGAPPLY:ATi_N .i G Form Rewsed 5/12/2015 /5'100 .. CITY OF CORPUS CH"ISTI DEVELOPMENT SERVICES P.0. Box 9277 Corpus Christi, Texas 78469-9277 (361)826.3240 Located at 2406 Leopard {Corner of Leopard Street and ACHANGE r, Street Pon Avenue) APPLICATION FOR A OF ZONING Office Use Only Case No.: Map No.: *Planning Commission Location: Citv Hearing Date: Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. *A maximum offfve applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the new available meeting. 1. Applicant/Representative: Address (City, David L. Walker, Architect Telephone: ( 361 ) 854-4359 Corpus Christi, Texas 78412 E-mail Address CeII Phone: ( ) same 2. Property Owner(s): Address (City, Venamex, L.L.C. Telephone: ( 361 ) 695-4249 Corpus Christi, Texas 78414-6206 E-mail Address: Ownership Type: ❑ Sole ❑ Partnership l■❑ Corporation Cell Phone: ( ) same IN Other: 3. Current Zoning and Use: Project Address: 61 ON (undeveloped) Proposed Zoning and Use: CN -1 ' 0 Area of Request (sq. ft./acres): 93,099 (2.14) oad 12 -Digit Nueces Co ty If platted, Subdivision Legal description: Bridges Tax I : 0 2-0001 1 10 _ - •• = ri s ill ' - , nit 1 Block: 1 Lot(s): 1 Mill Village Unit 1, Lot 1, Block 1 4. DOCUMENTS ATT H REQUIRED: 0 Lan t - IF APPLICABLE: xecuted Appointment ❑ Metes and bounds 1 D ure o i re Copy of Warranty Deed portion of a platted lot or an unplatted lot of Agent if request is for a I certify that the information provided is accurate, correct and signed by all owners. (OwnerSigne (Applicant's Signature) (Owner's Printed Namc) (Applicant's Printed Namc) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 2011): 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Office Use Only 1- a- Date Received: ( (5—Received By: Application Fee: / t .5-- S10.00 No. Signs Required 1).....X $10 Sign Fee: cQ0.0 0 Total: / 71 a �:! -0 Sign Posting Date: ADP: Form Revised 8/24/12 gIDEVELOPMENTSVCSISHARED5I.AND DEVELOPMENTIORDINANCE ADMINISTRATIONIAI'PLICATlON FORMSIFORMS AS PER LEOAL120124ZONING APPLICATION 2012.DOC CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi. TX 78469-9277 (361) 826-3240 Located al: 2406 Leopard SL LAND USE STATEMENT Complete land use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The present zoning (ON) does not allow the intended Neighborhood Business use anticipated. There is no market for Office (ON) facilities in this location. The anticipated site plan will provide for neighborhood business, restaurants, etc. with a primary single story facility of approximately 12,000square feet. The metal frame building anticipates a front eave of 19 feet and a rear eave of 14 feet. Raised facade portions for signs and aesthetic features may extend to less than 25 feet above the finish floor. Pad sites along Kostoryz Road may be available for future development. The property is currently undeveloped. Please refer to previously submitted site plans for additional information. The number of employees, hours of operation, and business types will be consistent with CN -1 zoning. 2. Identify the existing land uses adjoining the area of request: North - South - East - West - RS -6 (undeveloped) CN -1 RS -4.5 RS -6 (across Kostoryz Rd.) x.IDEVELOPMENTSVCSISHAREDIIAN;S DEVELOPMENTORDINANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGALILAND USE STATEMENT FOR ZONING.DOC hoolooss/tir/ City of Corpus Christi DISCLOSURE OF INTERESTS city of Corpus Christi, Tens Dcpartmatt of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 1161 j 8263240 Located at: 2406 Leopard Street (Corner or -Leopard St end Port Ave.1 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: Venamex, L.L.C. STREET: Windwillow Drive CITY: Corpus Christi, TX zip: 78414 FIRM Is: ® Corporation ❑ Partnership 0 Sole Owner 0 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) 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 Christi 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 3% or more of the ownership in the above named "firm". Name / Consultant 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. J Certifying Person: / G Zf - Title: beS, �etl7-- (Print) Signature of Certifying Person: Date: /2"7/[S� 6rf K. tDEVELOPMENTSVCSvSHAREDSLAND DEVELOPMONPOODINldNCE ADMEN AT ' PLICATIONFORMS9ORMS AS PER LEOAU2ol:4i LOSUAE INTERESTS STATEMENT 1.27 12. DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". 1852 NAME: VA 1/1,0Z. Xa' L AE I""' , 4,4 I/fjf c STREET: 4 22 S14f4L( '♦ Y: r. ore G,i4 4; ZIP: 7154I FIRM is: Corporation Partnership role Owner OAssociation OOther 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 1 Job Title and City Department (if known) "/ 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 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or ore of the ownership in the above named "firm". Nam e 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 3% or more of the ownership in the above named "firm". Name 4/ A Consultant 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 C us Christi, Texas as changes occur. Certifying Person: ;teat Title: (Print Name) �� �OV. 14e. /5' Signature of Certifying Person: 4/4 Date: K\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Rezoning Property at 1010 Laredo Street CAPTION: Case No. 1215-02 LWW Enterprises, LLC: A change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property is described as Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), located on the north side of Laredo Street between South Staples Street and King Street. PURPOSE: The purpose of this item is to rezone the property to allow a commercial use. RECOMMENDATION: Planning Commission and Staff Recommendation (December 16, 2015): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CI" Intensive Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant intends to construct a parking lot and in the future, additional showroom space. The showroom space is to support the existing retail sales facility, A & W Office Supply, located at the intersection of South Staples Street and Laredo Street. The proposed rezoning to the "Cl" Intensive Commercial District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential, however, approval of the change in zoning may further several goals and policies contained in the Central Business Development Plan and the Comprehensive Plan. Existing conditions imply an adjustment to the Future Land Use Map to designate the subject property for commercial uses may be appropriate. The rezoning of the property and the subsequent development thereof furthers policies pertaining to infill development. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Commercial uses are appropriately located along an arterial roadway. The proposed rezoning would not alter the character of the immediate vicinity nor would it negatively impact the surrounding residential properties. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Central Business Development Plan. The proposed rezoning to the "CI" Intensive Commercial District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential, but consistent with policies of the Central Business Development Plan and the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Zoning Report Ordinance amending the Unified Development Code ("UDC"), upon application by LWW Enterprises, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of LWW Enterprises, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 16, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "Cl" Intensive Commercial District, and on Tuesday, January 12, 2016, 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 LWW Enterprises, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), located on the north side of Laredo Street between South Staples Street and King Street (the "Property"), from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District (Zoning Map No. 045044), as shown in Exhibit "A", which is a map of the Property, which is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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_1215-02 LWW Enterprises, LLC Page 2 of 2 CASE: 1215-02 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 CRA 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 CHANNEL LEO SUBJECT PROPERTY AGNE 4 1 LOCATION MAP w. Ci ty of Corpus Christi Exhibit A Aerial Overview 1 Vicinity Map Aerial PLANNING COMMISSION FINAL REPORT Case No. 1215-02 HTE No. 15-10000063 Planning Commission Hearing Date: December 16, 2015 Applicant & Legal Description Applicant/Owner: LWW Enterprises, LLC Legal Description/Location: Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), located on the north side of Laredo Street between South Staples Street and King Street. Zoning Request From: "RM -3" Multifamily 3 District To: "Cl" Intensive Commercial District Area: 0.1722 acres Purpose of Request: To allow construction of a showroom for an existing office supply business. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3 Vacant Medium Density Residential North "Cl" Intensive Commercial Vacant Medium Density Residential South "RM -3" Multifamily 3 Medium Density Residential Mixed Use/Medium Density Residential East "RM -3" Multifamily 3 Low Density Residential Medium Density Residential West "Cl" Intensive Commercial Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the plan area boundaries of the Central Business Development Plan. The Future Land Use Map designates the subject property for medium density residential uses. The proposed rezoning to the "Cl" Intensive Commercial District is not consistent with the adopted Future Land Use Map. Map No.: 045044 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 50 feet of street frontage along Laredo Street, which is designated as an A2 Secondary Arterial street. The maximum desirable average daily trips for an A2 Secondary Arterial street is 20,000 to 32,000 trips. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Laredo Street "A2" Secondary Arterial 100' ROW 54' paved 60' ROW 40' paved 1,354 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District to allow construction of an additional showroom. Development Plan: The applicant intends to construct a parking lot and in the future, additional showroom space. The showroom space is to support the retail sales facility, A & W Office Supply facility, located at the intersection of South Staples Street and Laredo Street. The future structure is envisioned to range between 3,000 and 4,000 square feet. The subject property has a dilapidated structure on the property that is planned to be demolished. The A & W Office Supply showroom is located at 222 South Staples and two additional ancillary showrooms are located at 1014 and 1018 Laredo Street. Existing Land Uses & Zoning: The property to the north of the subject property is vacant and is zoned "Cl" Intensive Commercial. To the south across Laredo Street consists of multifamily dwellings in the "RM -3" Multifamily 3 District. East of the subject property is a single family dwelling in the "RM -3" Multifamily 3 District, and to the west is a commercial business (A & W Office Supply) in the "Cl" Intensive Commercial District. 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 comprised of a single platted lot. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Development Plan (ADP). The proposed rezoning to the "Cl" Intensive Commercial District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential, however, approval of the change in zoning may further several goals and policies contained in the ADP and the Comprehensive Plan. The following are pertinent policies of the Comprehensive Plan and the ADP that warrant consideration. - Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement h). - Business areas that feature mixed office use and retail activities should be encouraged (Comprehensive Plan, Commercial Policy Statement a). Planning Commission Final Report Page 3 - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement d). Department Comments: • Existing conditions imply an adjustment to the Future Land Use Map to designate the subject property for commercial uses may be appropriate. • The rezoning of the property and the subsequent development thereof furthers policies pertaining to infill development. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • Commercial uses are appropriately located along an arterial roadway. • The proposed rezoning would not alter the character of the immediate vicinity. • The proposed rezoning would not negatively impact the surrounding residential properties. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District. Public Notification Number of Notices Mailed — 24 within 200 -foot notification area 3 outside notification area As of December 17, 2015: In Favor — 9 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. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\1215-02 LWW Enterprises, LLC\Council Documents\Report for CC_1215-02 LWW Enterprises, LLC.docx CASE: 1215-02 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 CRA 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 CHANNEL LEO SUBJECT PROPERTY AGNE 4 1 LOCATION MAP w. Ci ty of Corpus Christi Exhibit A 15 I 0 0002XD3 Go„us cyR.� r1 . dit Y�k.)cl ,� 785 2__- Development Services Dept. P.O. Box 4277 Corpus Christ!, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: PC Hearing Hearing Hearing . A MAXIMUM w OMP 1215-02 Map No.: og5044 12/16/15 Date: Proj.Mgr: Location: City Hall. Council Chambers. 1201 Leopard Street Time: 5:30 P.m., OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. D ,l M EACCEPTED. 1. Applicant: Mailing Address: City Corpus Lief, LLC Contact Person Wes Wittner P . 0 . Box 2 605 Christi State. TX ZIP. 78403 Phoney ( 361 883-6784 E-mail Cell ( 361) 877--9732 2. PropertyOwner(s): Mailing Address: City. Corpus LLW,LLC Contact Person Wes Wittner P . 0 . Box 2605 Christi State:TX ZIP: 78403 Phone ( 361 ) 883-6784 E-mail: Cell ( 161 ) R77--97'32 3. Subject Property Current Zoning 12 -Digit Nueces Subdivision Legal Description Address: 1010 Laredo Street Area of Request (SFlacres) _9.1722 ✓ & Use: RM -3 Proposed Zoning & Use: C T c omme r r_ i a 1 w a rPh nn e County Tax ID: 8161 _- 0013 _-0140 _ Name South Bluf f Block 13 Lot(s) 14 if not platted 4. $XEarly ❑ Land IF APPLICABLE: n: (By Assistance Meeting Date Held Use Statement ❑ Disclosure Trip Form (if request is inconsistent & Bounds Descnption with exhibit if Agent Form if landowner Pk:A./) 11 / 10/ 1 5with City Staff Ann ika Yankee of with if property is not signing Interest ■ Copy of Warranty Deed • Peak Hour Future Land Use Plan) ■ Site Plan for PUD or Special Permit 0 Metes includes un -platted land (sealed by RPLS) • Lien Holder Authorization this form ■ Appointment I certify that L hav= provid- , the of • 1. hristi with a complete applicatio for : view, tha am - - orized to initiate this rezoning /��J behalf of the Property Owner(s), and the infu�� a ' • n pr������ �� - e. 41L4[ I / Owner or • gent's Signa re --' w App icant's Signature Wes Wittner Wes Wittner Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Rezoning Fee: No. Signs Required Date Received. 1/ / S 1 Received By: P ADP: t 110 7 . $o + PUD Fee + Sign Fee /ate = Total Fee f 7 . 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Herne or Agents , esti e ent Aprificonf s &gneiss:a E.' a' .ts.,,,,..1..J. irl':, ii, 1 ' r '''-''''' ' 1 /414444 4" eV& i gg'!"..agQg (gg Aggg-fgr5 Pggilea FF.,:rne .Appilcant5 Printed Name ind LLL . ri amen Grits tirtniisei Odle Received: ils, rasteastedi in - Pc., lid 1 imi .-,s-.... '. Og2,4 4 g g iiii itil 4i-iipipts te iiii ties ' ire, Feet i 1 de -I -IC,' es 'dip hem e e, raise te ni jam° - l',. - , , Nes fridges Required_ h_tifyt Si Onsign Sign Posting Date: fify, 77.7777Z77.77737,177:777-,77,-',77,:7757Z:7774.3777377:37'4,-Fuc;AIT: vie; ti LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development pian for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), buildings)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. A & W Office Supply intends to build a warehouse in the future on this property to store furniture paper, etc. 3,000 to 4,000 square feet 30 x 100 x 14' Plans will be provided for permit when we are ready to build whs. * A&W Office Supply has 14 employees in Corpus Christi. * We have a showroom floor at 222 S. Staples. * We have 1 storage warehouse 1014 Laredo existing. * We have 1 (4,000 square foot) storage whs 1018 Laredo existing. * A&W hours are 8-5, Monday thru Friday. * Existing structure will be demolitioned. * Trip peak hour traffic 30-50 vehicles. * A&W Office Supply provides office supplies and furniture to the south Texas area. 2, Identify the existing land uses adjoining the area of request: North - vacant lot South- dual 1 story apartments East - single dwelling West - warehouse C'SUSERSITANYAR.sookoESKTOPCAILY USEANNIKAALANO USE STATEMENT FOR ZONING DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: LWW, LLC STREET: 222 s st les CITY: Corpus Christi ZIP: 78401 FIRM is:OCorporation OPartnership OSole Owner OAssociation +Other T,T,C 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 NA 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 NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "fine". Name Board, Commission, or Committee NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA 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: ! Ji c W j 1- F n e r (Print Name) Signature of Certifying Person: Title: owner Date: K%bEVELOPMENT5VC515HAREDSLAND DEVELOPMENTIAPPUCATION FORMSIREZONINGIDISCLOSURE OF INTERESTS STATEMENT_S 12-2015 DOC DiscisosuRF 1DF NTERESTS Lily of Comae Canes Opiansoce I nth as amended, requires es affirsons sr meet sash dc business with the Cott/ to provide the. tel!ewing inforrestion. iiititieffitifirotriteptifsiati oteetivi ansitifettetati if the question is riot ebelicatbe, answer with 'Nee , titer ativattetwitinceSteactiblicese._„____ Esim tilti Sate Chaser i)./essociation .,Cli)litithiststietbittiitifitebtepshisictichis teiSCLOSLIRE QUESTCONS it additional seised is necessary please use that reverse side of this page Or attach separate sabot I, State tide names of each -dem b -ye of the City of Corpus Christi leaves 4 hatithershits intairestii bertistituttstii 3% or moire cif the ownership in the ;above named "VOITV', Name Job I itie anti City litobartment al firevere, 2, State the names of each hofficial" of .the City of Corpus Christi having en "ownership iriderest" constituting VA or moos of the ownership in the above named "flue", Name Title State the %tames of each "heard member of the City of Carobs Christi: leptheis O<FV,!,Thar..51-,aO terni*O" C S tiOU OF miens of the owners:pin in the „above nainenisti triernet t,44.1rrie: Board, Commis strict , or Co Trlin ft.'nn 4, State the names ort each employee of officer of a "consuilant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has on "Ownership interest' conotlitehing ilite more of the ownenhip in the above named 'firms, Warne Cite -Aspirant ft A CFATtFICTATE eitritty lOat ail information provided is true end tiorrotat es of tee Cate et this statement, Mat OninnOy sisciffshitti riff/ e-' -c- fang that stiociemehtel statements %via orturphy siternatthe _ , , the City et corpus chase, exits as changes occur. riniehoetairst iserciyinis Percent iftent afeetioli • • c trititifseclishowati , Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact ` the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nimera (361 ) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iunta v su ingles. es limitado,_favor de (lamer al departamento de servicios de desarrollo al mimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-02 LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: J 8e 0 L- L Addre : 27 Z 7 iY1 cyNA L J e ',we__ City/State: ± „ ✓ s 4: 61-.1;( IN FAVOR ( ) IN OPPOSITION Phone: 4.1 --V"---10-17d REASON: D E LE El DEC 112015 'i4 `07:P1/1 : E.3 Si .:AA aE1i'is!.tS SEE MAP ON REVERSE IDE Property Owner ID: 9 HTE# 15-10000063 1 Signature Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intencibn de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development , Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su irides es limitado, favor de !lamer al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-02 LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 20154 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: a e p,t; 2 0. SH,Q FF -R Address: 444'7 AfILL 4g 6 -6e -t) ,c2- City/State: (V) IN FAVOR ( ) IN OPPOSITION Phone: 36/— Yg 2- 4d 73 N E [ J SUE DEC..) 0 2015 DEVELOPMENT SERVICES SPECIAL SERVICES 1 SEE MAP ON REVERSE SIDE Property Owner ID: 10 HTE# 15-10000063 J-61014eA Signature (v4 Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, oue tienen la intention de asistir a esta iunta v clue requieren servicios especiales, se les suplica cue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirieirse a la commission durante la iunta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-02 LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: �e-pg erg Address:(0 11 (IN FAVOR REASON: ECEIWE 1 DEC 1 D ?15 DEVELOPMENT SERVICES SEE M4P' P r fJit., u�et7c),.0 .+l l; City/State: L`��, AL s Gias71; Tx ( ) IN OPPOSITION Phone: 36 /- 1�5,�7.. 44 %5 Property Owner ID: 24 HTE# 15-10000063 �5 E S Signature Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadest que tienen la intencion de asistir a este junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta y su irides es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante le junta. CITY PLANNING COMMISSIONECNVE PUBLIC HEARING NOTICE ' fl DEC 10 203Di Rezoning Case No. 1215-02 LWW Enterprises, LLC has petitioned the City of Corpus Christi to cons r:s charic e3bf l]ing from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resultingin a c ange to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277_ ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter Printed Name: no/ro 7 Address: 2� .2 S. 5-7-0,1e5 r City/State: avI i/ 7��// (X IN FAVOR ( ) IN OPPOSITION Phone: 34. 1 c9B3 67 2 cFJ1— REASON: 7.< A17 /9/0 h /P/'2a- 40,//1/09'e.Ado-- Signature SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000063 42 £'.4e1 Owner/Applicant Not included in tally U,%irlef S' S, Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intencion de asistir a esta iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta y su incites es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-02 ECEFH 1 DEC 10 2015 DEVELOPMENT SERVICES LWW Enterprises, LLC has petitioned the City of Corpus Christi to consid r a ch86ge°ccrf3farhisiglfr rm the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, reu`ing in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or Inperson, by telephone call or by letter. Printed Name: -hCinCill,„ 40) Address:o�& -' (x IN FAVOR ( ) IN OPPOSITION City/State: OC c Phone: K$3-to9 REASON: .-gce )0t -tom -30 a. b dionuLa `J` t-� ()01-0 utpoivot er 41% SEE MAP ON REVERSE SIDE Property Owner ID: 16 HTE# 15-10000063 Signature Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intention de asistir a esta Junta y clue reouieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero 1i1 821x-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su inales es limitedo, favor de 'lamer al departamento de servicios de desarrollo al niimero (361) 826-3240 al menos 48 horns antes de la junta para solicitar un interprete ser Dresente durante la junta. CITY PLANNING COMMISSION; PUBLIC HEARING NOTICE Rezoning Case No. 1215-02 DEC 102015 DEVELOPMENT SERVICES SPECIAL SFPerirP LWW Enterprises, LLC has petitioned the City of Corpus Christi to coni nge of zoning from the "RM -3" Multifamily 3 District to the "CI" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: f I et) . r,‘"Ae-) Address: aaa s Sic (€ City/State: Cc -1 I5 IN FAVOR ( ) IN OPPOSITION Phone: $�j O'N ("1/ REASON: { yat , r k botthrl Signature SEE MAP ON REVERSE SIDE Property Owner ID: 8 HTE# 15-10000063 Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencibn de asistir a esta junta v que requieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a Ia commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia iunta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE d'�11 DEC ! 0 2015 Rezoning Case No. 1215-02 DEVELOPMENT SI=OVIC S SPECIA' SERVICE LWW Enterprises, LLC has petitioned the City of Corpus Christi to consideI' achange- of -zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: . A \r o Address: "A �.'3 . Dkc \,p s IN FAVOR ( ) IN OPPOSITION REASON:-jC -Tote e. C r blocx. 004-\A DY1z City/State: Cel 1,-)C Phone: (ig 3-40/1g `i SEE MAP ON REVERSE SIDE Property Owner ID: 13 HTE# 15-10000063 Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la junta v su ing es es limitado favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hJ ntes de la junta par _ lici ar un interprete ser presente durante la junta. � t 1 CITY PLANNING COMMISSION DEC 10 2015 PUBLIC HEARING NOTICE DEVELOPMEN1 °PAVICES Rezoning Case No. 1215-02 SPECIAL SE FiVICES LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "CI" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: 4f 6 (8 -Act. tit • S C tt, t4 Address: ( (004. 1,40,cizta ) IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000063 City/State: C t✓ , i' (fife) ( Phone: 3 G - Ef 3` 3 0 e Signa ure Case No. 1215-02 Project Manager. Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incar acidades, Que tienen la intention de asistir a este junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al denartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la iunta v su in• L- -s limitado favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 !sir ntes de la'unta oar-..ici';r un interprete ser presente durante la junta. ■ CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-02 DEC A 0 2015 DEVELOPMENT SERVICES SPECIAL SERVICES LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "CI" Intensive Commercial District, resulting in a chancre to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: LSI f In tit e I{ , G? la o , et t r Address: (0 0 G Ll ,1o. :4. City/State: CC f_ i X_t t 0_I (/ IN FAVOR ( ) IN OPPOSITION Phone: 3&(- $ , - 3 D T REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 17 HTE# 15-10000063 Signature -roh, k7t-r.h.(-C_Ctt kigithUletdC Case No. 1215-02 t kifkabukcte / C� ProjectManager. Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, nue tienen la intention de asistir a esta junta v nue requieren servicios especiales. se les suplica me den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su ingles es limitado. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE OEC : c 2015 Rezoning Case No. 1215-02 DEvt=Lo>Jn,�I=N i SERVICES LWW Enterprises, LLC has petitioned the City of Corpus Christi to consit -change t;� oning from the "RM -3" Multifamily 3 District to the "CI" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015. during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: L . J HtJ EI p. p- i Log Ptah Address: / 0 0‘ 4 s� cditigt► City/State: I (i/ IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 2 HTE# 15-10000063 Phone: 6644 7 0 6 3 -7 43/1 Signature Case No. 1215-02 Project Manager: Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Rezoning Property at 1642 Clare Drive CAPTION: Case No. 1215-03 Roque Enriquez: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density residential to medium density residential uses. The property is described as being a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of multifamily housing. RECOMMENDATION: Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and, in lieu thereof, approval of a change to the "RS-TH" Townhouse District. Planning Commission Recommendation (December 16, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and denial of the staff recommendation of "RS-TH" Townhouse District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing to change the designation of the subject property for the purpose of constructing multiple dwelling units on the subject property. The site plan shows six proposed dwelling units and the required parking spaces. The apartment units are one-story and the developer intends to construct them like townhomes. The proposed rezoning is not consistent with the adopted Future Land Use Map designation of the property as low density residential. Staff finds the "RM -1" designation unnecessary and not appropriate for this location. The "RS-TH" District is recommended in lieu of "RM -1" Multifamily 1 District based on the density permitted and compatibility with the adjacent single-family development. A rezoning to a low-density multifamily district and subsequent development of townhouse -style apartments will not have an adverse impact on the adjacent low density residential uses. A multiple dwelling project is appropriately located along a Collector roadway. The Townhouse District is appropriate for infill development. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Approval of a rezoning (to the "RM -1" Multifamily 1 District or "RS-TH" Townhouse District) on this property will require 3/4 of the council members to vote in favor. This case was recommend for denial by the Planning Commission and received opposition of over 20% (49.78% as of December 22, 2015) from the neighboring properties within the notice area. Either of these conditions triggers the need for the % vote from the City Council for approval. ALTERNATIVES: 1. Approve the rezoning to "RM -1" Multifamily 1 District as requested by the applicant 2. Deny the rezoning to the "RM -1" Multifamily 1 District and, in lieu thereof, approve the rezoning to "RS-TH" Townhouse District as recommended by staff. 3. Deny the rezoning of the property altogether. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning is not consistent with the adopted Future Land Use Map designation of the property as low density residential. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Presentation/Aerial Maps Ordinance (Staff) for the "RS-TH" Townhouse District Ordinance for the "RM -1" Multifamily 1 District Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Roque Enriquez ("Owner"), by changing the UDC Zoning Map in reference to a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RS-TH" Townhouse 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 Roque Enriquez ("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, December 16, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and denial of the staff recommendation of "RS-TH" Townhouse District, and on Tuesday, January 12, 2016, 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 Roque Enriquez ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RS-TH" Townhouse District (Zoning Map No. 041035), 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. The change of zoning results in a change to the Property's land use designation in the Future Land Use Map, which is an element of the Comprehensive Plan, from low density residential to medium density residential uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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-RS-TH_1215-03 Roque Enriquez Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES FIELD NOTES FOR A 0.671 ACRE TRACT OF LAND BEING THE SOUTH 55.0 FEET OF LOT 23, AND ALL OF LOT 24, BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 10, PAGE 34, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND PUNCHED HOLE IN CONCRETE FOR THE SOUTHWEST CORNER OF SAID LOT 24 FOR THE SOUTHWEST CORNER OF THIS TRACT AND THE POINT OF BEGINNING; THENCE NORTH 29 DEGREES 08 MINUTES 30 SECONDS EAST, ALONG THE NORTHWEST BOUNDARY OF SAID LOT 24, AT 95.00 FEET PASS A 1/2 -INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 24, AND THE SOUTHWEST CORNER OF LOT 23-A, BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 26, PAGE 99, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, IN ALL A TOTAL DISTANCE OF 150.00 FEET TO A 5/8 -INCH IRON FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 23-A, AND THE SOUTHEAST RIGHT- OF-WAY LINE OF CLARE DRIVE FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE SOUTH 60 DEGREES 51 MINUTES 30 SECONDS EAST, ALONG THE SOUTHWEST BOUNDARY LINE OF SAID LOT 23-A, AND ALONG THE NORTHEAST BOUNDARY LINE OF THIS TRACT, A DISTANCE OF 195.00 FEET, TO A POINT FOR THE SOUTHEAST CORNER OF LOT 23-A, AND THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 29 DEGREES 08 MINUTES 30 SECONDS WEST, A DISTANCE OF 150.00 FEET TO A FOUND PUNCHED HOLE IN CONCRETE FOR THE SOUTHWEST CORNER OF LOT "A", BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 23, PAGE 28, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, FOR THE SOUTHEAST CORNER OF SAID LOT 24, AND THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 60 DEGREES 51 MINUTES 30 SECONDS WEST, ALONG THE SOUTHWEST BOUNDARY OF SAID LOT 24, AND THE SOUTHWEST BOUNDARY OF THIS TRACT, A DISTANCE OF 195.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.671 ACRES OF LAND MORE OR LESS. Exhibit A LOT LOTS 1-6, BLOCK 6, WOODLAWN ESTATES VOLUME 23, PAGE 28, M.R.N.C.T. 11 LOT 529°0830'W LOT 150.00 75.00' — _ 50'U.E. LOT 23-A, BLOCK 6, WOODLAWN ESTATES VOLUME 26, PAGE 99, M.R.N.C.T. 25.0' B,L. - 75.00' 55.00' SOUTH 55.0 FEET LOT 23 SCALE: V= 30' NOTES: 1, 5/8' IRON RODS AT ALL CORNERS. Iw z I3 J _95.00' 5.0' U.E. LOT 24 r 25.0' 55.00' up1H "-c- N29°0830"E I CLARE DRIVE (50.0' R.O.W.) 5 95.00' 150.00' POINT OF BEGINNING o° q Q WILLIAMS STREET SURVEY OF: 0.671 ACRES OF LAND BEING THE SOUTH 55.0 FEET OF LOT 23 AND ALL OF LOT 24, BLOCK 6, WOODLAWN ESTAES AS RECORDED IN VOLUME 10, PAGE 34, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS SOUTH 55.0 FEET OF LOT 23 AND ALL OF LOT 24 BLOCK 6 WOODLAWN ESTATES 1642 CLARE DRIVE CORPUS CHRISTI, TEXAS 78412 TO: ROQUE ENRIQUEZ DRAWN BY. HJS THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEMA MAPS AND FOUND THAT THE HEREIN SHOWN PROPERTY IS NOT LOCATED IN A SPECIAL F1000 HAZARD AREA ZONE__.. - THIS ME 188 TH _DAY OF NOVEMBER--___ 2015 REFERENCE: VOLUME_ 10__ PAGE_ 34__ MAP RECORDS NUECES COUNTY, TEXAS. NOTE: THIS SURVEY IS FOR THE SOLE USE OF THE BUYER, TITLE COMPANY. OR MORTGAGE COMPANY IN THIS TRANSACTCN ONLY. THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE, ON THE GROUND OF THE PROPERTY. LEGALLY DESCRIBED HEREON AND I5 CORRECT; AND THAT THERE ARE NO DISCREPANCIES. CONFLICTS. SHORTAGES IN AREA, BOUNDARY UNE CONFLICTS, VISIBLE ENCROACHMEN , OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR APPARENT RI . -OF-WAY, EXCEPT AS SHOWN HEREON, AND SAID PROPERTY ACCESS T AND FFR08 A A DEDICATED ROADWAY, EXCEPT AS SH •. ER //s4N� f�� N' NR S. ME5419 REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE N0. 3419 Exhibit B Ordinance amending the Unified Development Code ("UDC"), upon application by Roque Enriquez ("Owner"), by changing the UDC Zoning Map in reference to a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, 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. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Roque Enriquez ("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, December 16, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, and on Tuesday, January 12, 2016, 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 Roque Enriquez ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District (Zoning Map No. 041035), 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. The change of zoning results in a change to the Property's land use designation in the Future Land Use Map, which is an element of the Comprehensive Plan, from low density residential to medium density residential uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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 -RM -1_1215-03 Roque Enriquez Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES FIELD NOTES FOR A 0.671 ACRE TRACT OF LAND BEING THE SOUTH 55.0 FEET OF LOT 23, AND ALL OF LOT 24, BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 10, PAGE 34, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND PUNCHED HOLE IN CONCRETE FOR THE SOUTHWEST CORNER OF SAID LOT 24 FOR THE SOUTHWEST CORNER OF THIS TRACT AND THE POINT OF BEGINNING; THENCE NORTH 29 DEGREES 08 MINUTES 30 SECONDS EAST, ALONG THE NORTHWEST BOUNDARY OF SAID LOT 24, AT 95.00 FEET PASS A 1/2 -INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 24, AND THE SOUTHWEST CORNER OF LOT 23-A, BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 26, PAGE 99, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, IN ALL A TOTAL DISTANCE OF 150.00 FEET TO A 5/8 -INCH IRON FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 23-A, AND THE SOUTHEAST RIGHT- OF-WAY LINE OF CLARE DRIVE FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE SOUTH 60 DEGREES 51 MINUTES 30 SECONDS EAST, ALONG THE SOUTHWEST BOUNDARY LINE OF SAID LOT 23-A, AND ALONG THE NORTHEAST BOUNDARY LINE OF THIS TRACT, A DISTANCE OF 195.00 FEET, TO A POINT FOR THE SOUTHEAST CORNER OF LOT 23-A, AND THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 29 DEGREES 08 MINUTES 30 SECONDS WEST, A DISTANCE OF 150.00 FEET TO A FOUND PUNCHED HOLE IN CONCRETE FOR THE SOUTHWEST CORNER OF LOT "A", BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 23, PAGE 28, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, FOR THE SOUTHEAST CORNER OF SAID LOT 24, AND THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 60 DEGREES 51 MINUTES 30 SECONDS WEST, ALONG THE SOUTHWEST BOUNDARY OF SAID LOT 24, AND THE SOUTHWEST BOUNDARY OF THIS TRACT, A DISTANCE OF 195.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.671 ACRES OF LAND MORE OR LESS. Exhibit A LOT LOTS 1-6, BLOCK 6, WOODLAWN ESTATES VOLUME 23, PAGE 28, M.R.N.C.T. 11 LOT 529°0830'W LOT 150.00 75.00' — _ 50'U.E. LOT 23-A, BLOCK 6, WOODLAWN ESTATES VOLUME 26, PAGE 99, M.R.N.C.T. 25.0' B,L. - 75.00' 55.00' SOUTH 55.0 FEET LOT 23 SCALE: V= 30' NOTES: 1, 5/8' IRON RODS AT ALL CORNERS. Iw z I3 J _95.00' 5.0' U.E. LOT 24 r 25.0' 55.00' up1H "-c- N29°0830"E I CLARE DRIVE (50.0' R.O.W.) 5 95.00' 150.00' POINT OF BEGINNING o° q Q WILLIAMS STREET SURVEY OF: 0.671 ACRES OF LAND BEING THE SOUTH 55.0 FEET OF LOT 23 AND ALL OF LOT 24, BLOCK 6, WOODLAWN ESTAES AS RECORDED IN VOLUME 10, PAGE 34, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS SOUTH 55.0 FEET OF LOT 23 AND ALL OF LOT 24 BLOCK 6 WOODLAWN ESTATES 1642 CLARE DRIVE CORPUS CHRISTI, TEXAS 78412 TO: ROQUE ENRIQUEZ DRAWN BY. HJS THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEMA MAPS AND FOUND THAT THE HEREIN SHOWN PROPERTY IS NOT LOCATED IN A SPECIAL F1000 HAZARD AREA ZONE__.. - THIS ME 188 TH _DAY OF NOVEMBER--___ 2015 REFERENCE: VOLUME_ 10__ PAGE_ 34__ MAP RECORDS NUECES COUNTY, TEXAS. NOTE: THIS SURVEY IS FOR THE SOLE USE OF THE BUYER, TITLE COMPANY. OR MORTGAGE COMPANY IN THIS TRANSACTCN ONLY. THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE, ON THE GROUND OF THE PROPERTY. LEGALLY DESCRIBED HEREON AND I5 CORRECT; AND THAT THERE ARE NO DISCREPANCIES. CONFLICTS. SHORTAGES IN AREA, BOUNDARY UNE CONFLICTS, VISIBLE ENCROACHMEN , OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR APPARENT RI . -OF-WAY, EXCEPT AS SHOWN HEREON, AND SAID PROPERTY ACCESS T AND FFR08 A A DEDICATED ROADWAY, EXCEPT AS SH •. ER //s4N� f�� N' NR S. ME5419 REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE N0. 3419 Exhibit B Aerial Overview Aerial Public Notification 19 Notices mailed inside 200' buffer 4 Notices mailed outside 200' buffer Notification Area Opposed: 15 (49.78%) In Favor: 0 3 Conceptual Site Plan PLANNING COMMISSION FINAL REPORT Case No. 1215-03 HTE No. 15-10000064 Planning Commission Hearing Date: December 16, 2015 Applicant & Legal Description Applicant/Owner: Roque Enriquez Representatives: Victor Medina Legal Description/Location: Being a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "RM -1" Multifamily 1 District Area: 0.671 acres Purpose of Request: To allow construction of multifamily housing. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Low Density Residential North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "RS -6" Single -Family 6 Low Density Residential and Park Low Density Residential and Park East "RS -6" Single -Family 6 Low Density Residential Low Density Residential West "RS -6" Single -Family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan. The Future Land Use Map designates the property for low density residential uses. The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Map. The proposed rezoning however, may further various policies of the Comprehensive Plan and the Southside Area Development Plan. Map No.: 041035 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along Williams Drive, which is designated as a C3 Primary Collector street, and 150 feet of street frontage along Clare Drive, which is a local residential street. The maximum desirable average daily trips for a C3 Primary Collector street is 4,000 to 8,500 trips, and 500 trips for a local residential street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Williams Drive "C3" Primary Collector 75' ROW 50' paved 90' ROW 50' paved 8,540 ADT Clare Drive Local Residential 50' ROW 28' paved 50' ROW 23' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District. Development Plan: The applicant is proposing to change the designation of the subject property for the purpose of constructing multiple dwelling units on the subject property. A site plan was provided to illustrate how development might occur if the change in zoning is approved. The site plan shows six proposed dwelling units and the required parking spaces. The apartment units are one-story and the developer intends to construct them like townhomes. Existing Land Uses & Zoning: The property is surrounded by single-family homes in the "RS -6" Single -Family 6 zoning District. To the south of the property, there is also a park. 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 comprised of a platted lot and a portion of a platted lot. The property may be replatted into one lot subsequent to approval of a change in zoning designation. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning is not consistent with the adopted Future Land Use Map designation of the property as low density residential, however, the proposed zoning change if approved, may further various goals and policies of the comprehensive plan and the ADP, which include but are not limited to the following: • Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F), • Locating medium -density residential development along a collector street with convenient access to an arterial street (Comprehensive Plan, Residential Policy Statement H), • Increasing the availability of rental and owner -occupied housing units for families (Comprehensive Plan Housing Policy Statement G, H), Report for CC 1215-03 Roque Enriquez Planning Commission Final Report Page 3 Department Comments: • A rezoning to a low-density multifamily district and subsequent development of townhouse -style apartments will not have an adverse impact on the adjacent low density residential uses. • The "RS-TH" District is recommended in lieu of "RM -1" Multifamily 1 District based on the density permitted and compatibility with the adjacent single-family development. • It is impossible for the developer to construct 22 units per acre (14 units) on this site, which is what the RM -1 District allows. • Staff finds the "RM -1" designation unnecessary. • A multiple dwelling project is appropriately located along a Collector roadway. • The Townhouse District is appropriate for infill development. • The property to be rezoned is not suited for the "RM -1" Multifamily 1 District. The "RS-TH" Townhouse District is more suitable. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and, in lieu thereof, approval of a change to the "RS-TH" Residential Townhouse District. Planning Commission Recommendation (December 16, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District. *Approval of a rezoning (to the "RM -1" Multifamily 1 District or "RS-TH" Townhouse District) on this property will require 3/4 of the council members to vote in favor. This case was recommend for denial by the Planning Commission and received opposition of over 20% (49.78% as of December 22, 2015) from the neighboring properties within the notice area, either of these conditions would trigger the need for the 3/4 vote from the City Council for approval. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 19 within 200 -foot notification area 4 outside notification area As of December 22, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 15 inside notification area — 29 outside notification area Totaling 49.78% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received (if any) Report for CC 1215-03 Roque Enriquez -b R - P'17--8 -1 S 11.8I -I RS -6 P174 -Q -411111111. RS -6 SP181-14 CG RS -6 -R/82-1 10 /7A1440,41,4* RS-s '4* *a, (�rq 444! (141 4041 a SSD p� • 111* 04 P ASPEN:00D DR 111:loill:art.141:4v " BEECHWD DR lia. Date Creltted: 1113 t 7 1 Prepared 9y; JerehiyM Dei amen[ of DevelOpment Se lees, J CASE: 1215-03 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 CR -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 Oev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4-5 RS -TF Tim -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse 5p Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property 0 Owners with 200' buffer in favor' 4 Owners within 200' listed on V Owners attached ownership tab in opposition SLJBJECT PROPERTY LOCATION MAF 25.0' LOT 22 WOODLAWN ESTATES VOLUME 10, PAGE(S) 34 M.R.N.C.T. .560°51'30"E NW 1/2 LOT 23 560"51'30"5 195.00' SW 1/2 LOT m 23 ti ••• 30.0' r 10.0' SET BACK r5.0' .5.E. VOL. 1250 PG. 422 D.R./V.C. T. JOT 24 195.00' 195.00' WILLIAMS STREET GRAPHIC SCALE 10 20 40 80 ( IN FEET ) 1 inch = 20 ft. N60°5130"W 195.00' 30.0' r 10.0' SET BACK r5.0' .5.E. VOL. 1250 PG. 422 D.R./V.C. T. JOT 24 195.00' 195.00' WILLIAMS STREET GRAPHIC SCALE 10 20 40 80 ( IN FEET ) 1 inch = 20 ft. N60°5130"W 195.00' } N ■ 711 CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Corner of Leopard Street and Port Avenue) 1 APPLICATION FOR A CHANGE OF ZONING - ' Case No.: 1215-03 Map No.: 041035 *Planning Commission Location: City Hearing Date: 12/16/15 Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. *A maximum of five applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meeting. 1. Applicant/Representative: Address (City, State, E-mail Address: 36, 977- /(93---5- �✓�(I'; /L, P-4? Telephone: ( ) g Zip): / L -elm,,( e /c#0..�' ec `(39 1f 6 r� 7,31/ J " / c> Cell Phone: ("C( ) W7 7 -1 z.5-5- 52. 2. Property Owner(s): Address (City, State, E-mail Address: Ap...Ce Telephone: (36 O 570 - q72 Zip)jiff/ fJ Qti Dlf, e [.T 7, 7/9- Cell Phone: (33/ ) 510 - 72.1 Ownership Type: [Sole ❑ Partnership ❑ Corporation ❑ Other: 3. Current Zoning and Project Address: Use: A/ QS -L Proposed Zoning and Use: , lei -- /6)$49- dzio<tic i' t/E Area of Request (sq. ft./acres): 12 -Digit Nueces County If platted, Subdivision Legal description: Tax ID: 94) 8 - c70_00- 6. _&) 1 / Name: t.(%<i Block:` P Lot(s): . .s3 ' (2134- jio�� -� 6 ,j �� 4. DOCUMENTS ATTACHED REQUIRED: [t 'Land Use Statement 0 Disclosure of Interest R Copy of Warranty Deed IF APPLICABLE: [Executed Appointment of Agent ❑ Metes and bounds if request is for a portion of a platted lot or an unplatted lot I certify that the information provided is accurate, correct and signed by all owners. P ..„---, /t(2,'.0)74(4-- (Owner's ROC, Signature) (Applicant's Signature) a u6) 2_ Ay by/heS Cru 22 (Owner's Printed Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 2011): 0.00 - 0.99 acre 3 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Office Use Only Date Received: Received By: Application Fee: No. Signs Required X $10 Sign Fee: Total: Sign Posting Date: ADP: Form Revised 8/24/12 K:\ DEVELOPMENTSVCSOEVELOPMENTSVCS SHARED LAND DEVELOPMENT\ORDINANCE ADMINISTRATIONWPPLICATION FORMS\FORMS AS PER LEGAL \2012\ZONING APPLICATION 2012.DOC Gawp s Cy* r . -RI y 7852 Development Services Dept_ P.O. Box 9277 Corpus Christi, Texas 78469 -9277 {361 } 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No: Map No.: PC Hearing Date: Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Rey Ramos Contact Person : Victor S. Medina - - Mailing Address: P.O. BOX 7129 City: Corpus Christistate: Tx ZIP : 78414 Phone: (361 ) 537-5000 I !Hill. Cell: ( 361 } 537-5000 2. Property Owners}: Roque Enriquez Contact Person : Victor S. Medina Mailing Address: 4841 Ocean. Drive City: Carpus Christi state: Tx ZIP: 7$412 Phone: ( 361 ) 510-9727 E-mail: co: ( 361 ) 510-9727 3. Subject Property Address: 1642 Clare Drive 29250 S.F. 0.671 AC. Area of Request (SF/acres): Current zoning &use: RS -6 VACANT Proposed Zoning &Use RM -1 RESIDENTIAL 12 -Digit Nueces County Tax ID: 9880 - 0006 - 0240 Subdivision Name: W OOD LAWN ESTATES stock: 6 Lot(s): 555' LOT23 & LOT 24 Legal Description if not platted: 4. Submittal Requirements' EEarly Assistance Meeting: f Land Use Statement IF APPLICABLE: 0 Peak Hour Trip Form (if request Date Held 0 Disclosure is inconsistent with exhibit landowner 10127!2015 : with City Staff ANN I KA YANKEE of Interest D Copy of Warranty Deed with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization is not signing this form • Metes & Bounds Description D Appointment of Agent Form if I certify tha I e provided th • ity of Corpus beh. •f Christi with a complete application for review; that I am authorized to initiate this rezoning '• - Property Owner(s); and the info tion prp}vided is accurate. c 674,17. p...fon !/ 0404 .-" ature rotor S. Medina �//T� Appl ' nt' t [dture Rey Ramos Owner or Agent's Pnntec Name Applicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee + Sign Fee = Total Fee No. Signs Required @ $10/sign Sign Posting Date: K ,DE .VEL OPMENTSVC SISHARELnLAND OEVELOPMEN TVYPPL!CATION FORMSIREZONIN 2 ZONING APPLICATION 2015 DOC Form Revised 51212015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. CHANGE USAGE FROM SINGLE-FAMILY RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL FOR THE CONSTRUCTION OF APARTMENTS AND/OR TOWNHOMES. 2. Identify the existing land uses adjoining the area of request: North - RESIDENTIAL South - ROADWAY East RESIDENTIAL West - ROADWAY C:\USERS\TANYAR.0001DESKTOPIDAILY USE\ANNIKA\LAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Victor S. Medina STREET: P.O. Box 7129 CITY: Corpus Christi zip: 78467 FIRM is: °Corporation °Partnership ()Sole Owner °Association OOther 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 N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 3% or more of the ownership in the above named "firm". Name Consultant 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: Victor S. Medina (Print Name) Signature of Certifying Person: Title: RPLS Date: i//s K\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS REZONINGIDISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC DISCLOSURE OF INTERESTS City of Corpus Christ 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: Roque Enriquez STREET: 4841 Ocean Drive FIRM is: Corporation Partnership CITY: Corpus Christi, Texas Sole Owner ZIP: 78412 Association 0 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 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 N/A Title 3. State the names of each "board member"' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 3% or more of the ownership in the above named "firm". Name Consultant 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: Roque Enriquez Title: Owner (Print Name) Signature of Certifying Person: Date' // K:IDEVELOPMENTSVCS\SHAREDILAND DEVELOPMENTIAPPLICATION FORMSIREZONINGIDISCLOSURE OF INTERESTS STATEMENT_5.122015.DOC City of En Corpus .Christi Christi .....v,.t 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 (Comer 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 " A". NAME:azyn STREET: 44 / 5 %16t1- fifiii. CITY: eh/4 ij ZIP: 7GPO' FIRM is: ❑ Corporation ['Partnership 1110<le 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". Job Title and City Department (if known) Name A// ft 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 N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee M4- 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 /v/4 CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changesl�occur. Certifying Person: 8pyi /,jbD Kf}IYIOS�J 1� Title: (Prin Signature of Certifying Person: !146 g41405-- Date: 1/— K: DEVELOPMENTSVCS \SHARED \LAND /— K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: 1642 CLARE DRIVE Legal Description (Subdivision, Lot, Block): WOODLAWN ESTATES, S. 55 OF LOT 23 & LOT 24 Applicant Name: Rey Ramos Address: 6813 NEW YORK AVENUE Telephone: (361) 537-5000 Email: City/State/Zip: CORPUS CHRISTI, TEXAS 78414 Application Status (Select One): 17<-1 Rezoning ❑ Site Plan❑Street Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 0.649 DWEWNG UNITS RS -6 VACANT 221 6 0.51 6 0.62 Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 0.649 DWEWNG UNITS RM -1 RESIDENTIAL 221 6 0.51 6 0.62 Total 3.06 Total 3.72 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) CLARE DRIVE NO 26 50 WILLIAMS STREET 40 80 For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with F-1 the City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TTA determination to be made. APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: VICTOR S. MEDINA Mailing Address: P.O. BOX 7129 City: Corpus ChristiState: Tx Zip: 78467 Home Phone: ( ) Business Phone: ( ) Cell: ( 361 ) 877-1255 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. 1 understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a nce to the en *Signature of Agent: Title: RPLS Printed/Typed Name of Agent: VICTORS. EDINA Date: 11/5/2015 *Signature of Property Owner:613111 Title: OWNER Printed/Typed Name of Property Owner: ROQUE ENRIQUEZ Date: ///5//.5. *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Brown.APPOINTMENT OF AGENT2-19-09.doc Printed Name: Address: ( ) IN FAVOR REASON: IN OPPOSITION SEE MAP ON REVERSE S1DE Property Owner ID: 15 HTE# 15-10000064 J City/State:. „, Phone: 9 / —61W � 19oZ 9 7 Case No. 1215-03 Project Manager. Dolores Wood DEC 10 2015 1 DEVELOPMENT SERVICES 1 SPECIAL SERVICES —1 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intencidn de asistir a esta junta v que reauieren servicios esoeciales, se les sui lica que den aviso 48 kora& antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su inales es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 Roque Enriquez has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 76469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: -771""/s' a 4©p e e Address: 61/0.2 45/43,5 /U J..r) o cd City/State: ei '-%}( ( ) IN FAVOR IN OPPOSITION REASON: I { ill DEC ! 12015 t ti_r : ,! i.1.1,CES SEE MAP ON REVERS = SIDE Property Owner ID: 6 HTE# 15-10000064. Phone: ,3/ y 9 alb 9 gnature Case No. 1215-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the,Develrapment Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intenci6n de asistir a esta junta v clue requieren servicios esoeciales, se les suplica clue den aviso 48 horas antes de la junta llamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su inales es limitado, favor de !lamer a Orkgrtomentode servicios de desarrollo al numero (361) 826-3240 al menos 48 he D tes dela junta gar soli itat un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 DEC 1 0 2015 D DEVELOPMENT SERVICES SPECIAL SERVICES Roque Enriquez has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6' Single -Family 6 District to the "RM -1" Multifamily 1 District. resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: v, -r-.1 014r' Address:1 '4 f w,a)r) / LLI CitylState: e C x -73 f z ( ) IN FAVOR (') IN OPPOSITION Phone: ')7 G 1 - M _ 6 6 ' 7 REASON: �. �urC{v4- 2. SEE MAP ON REVS SE SIDE Property Owner ID: 16 HTE# 15-10000064 t) Signature Case No. 1215-03 Project Manager. Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, oue tienen la intencion de asistir a esta junta v Que reciuieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicias de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 DEC 10 2015 DEVELOPMENT SERVICES Roque Enriquez has petitioned the City of Corpus Christi to consider a ch -Po zoning f{otn-)1' S-6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: ET5fn ei 7 Z Address: )135 M.)0//fa/ 1,1 ✓ ( - { ) IN FAVOR )41N OPPOSITION REASON: 7 LJa 7 62o (1v efroLIi Y SEE MAP ON REVERSE SIDE Property Owner ID: 13 , HTE# 15-10000064 v; Signatur City/State: C6 X - 7810-2. Phone: 3/2/ Case No. 1215-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadesj que tienen la intencion de asistir a este iunta v que requieren servicios especiales. se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nUmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limi ed, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request a ■1(� f• Teter eseni the meeting. Si usted desea dirigirse a la commission durante la junta y su ingles°mitadd, :favor lie -Il all departamento de servicios de desarrollo al numero 0111 826-3240 al menos 48 hdlrs.arite's' de la Punta para lsbIi ar — Pi) DEC un interprete ser presente durante la junta. 1 X015 La CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 DEVELOPMEN1 SERVICES SPECIAL SERVICES j Roque Enriquez has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant conceming an application or appeal, either at home or office, or inperson, by telephone call or by letter. eke m• a. Printed Name: /17 ciivUe_L 2? /-/ande±y/ Address: I 2,4.CZ Z/? -DR, / City/State: Co$4►4vs Chn)5f 7ex4s ( ) IN FAVOR (1 I OPPOSITION Phone: 3 %- X92- ti_Z3 REASON: % OlY1 (75 2 A33771 -1e-1-7 Signature SEE MAP ON REVERSE SIDE Property Owner ID: 10 HTE# 15-10000064 v Case No. 1215-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. clue tienen Ia intention de asistir a este junta v clue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diripirse a Ia commission durante Ia junta v su ingles a°s {talo: favor_de_llamar al denartamento de servicios de desarrollo al niimero4361) 826-3240. a1 mems 48 floras& rig de la junta para sol un interprete ser oresente durante Ia junta. 1 U CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 DEC 52015 DEVELOPMENT SERVICES SPECIAL SERVICES Roque Enriquez has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: in accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: I rG'-'SC,11.(& Address: 5 C I are_ V r` %Pe- City/State: e.C- I ige-{1 Z--- ( ) IN FAVOR ? IN OPPOSITION Phone: 1 3 ~` l REASON: 1- 0+ 5 Ivo 5411 for Pi'lcc I -ii r, . �h� gr'rPad 'Ices Id - 0 �2 �.� par rOcJ -}-1—c,C Lure �(� c � Or.i 5 vz ACC1s3 et ( rcc�r Ili a�5,. �h C i2°� Sed e e e n 5 P i7 o G (l0n- r�'S1 d e n4- Arc(�{, c... U5 � r.� � �4- b 1 tm w ru vl<erti S tU 1/411► li nn5 1 uct ti rr[rya 5ed ���'� 0. Signature SEE MAP ON REVERS SIDE Property Owner ID: 4 HTE# 15-10000064 Cirri AlLe 501.-e prOB0rly ow'wr', CaseNo.1215-03 r1 1! Project Manager: Dolores Wood 011165 Sc.alt2, 15 deCeasecI Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, gue tienen la intencion de asistir a esta junta v nue requieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al n imero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su irides es limitedo, favor de llamar al departamento de servicios de desarrollo al n+imero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 Roque Enriquez has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address:/ -Y A10,190„/L , ( ) IN FAVOR REASON: _() INQPPoS >;f =,11 DEC 15 2015 1 {- DEVELOPMENT SERVICES SPEC!SERVICES SEE MAP ON REVER " SIDE Property Owner ID: 17 HTE# 15-10000064 Sa2Q✓, Signature City/State: 6ic,Da s (f `, S T' h. s 711%, PhOne:102.5-7 Case No. 1215-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address: Vac). L pvv-t o.) 4, s ; (IN FAVOR REASON: MY it6.-2. vES ( ) IN OPPOSITION v€ kA0994. SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000065 i City/State: C ' - MU7 Phone: 3 Lt2 ( ---11 $"102.(/ L vC odu 5 (row l sU (20(24., Signature Case No. 1215-04 Project Manager. Bob Payne r Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero ( 361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la junta v su irides es limitado, favor de Ilamar al ' departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: !.t T,L 5 Address: % c c S L. .-1`' -r - ,- .><!N FAVOR REASON: ( ) IN OPPOSITION SEE MAP ON REVERE SIDE Property Owner ID: 3 HTE# 15-10000065 Signature CitylState: LC /-7\( -7N" Phone: 31g t--c-3q— - L Erl ',\,r 1)00i . Case No. 1215-04 Project Manager Bob Payne pa rtmentlTown home/Other 0 N ti1. t) co w co o Lim N a 0 01 X 121 C 'a,0 v II E (13z " I--- .` • s Jr 0 P—Pirs z C CJ e q CIG 4g 5g"VLL,I►,�54 4is6c31L.L,,.t.1-,ef ���JJ LS . }Lflr l.N 1 5\ M ' `9 = C r � ci IN 1 , N to c- s. rt , 2 1 i T, Qj , �.. . 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C t` L R3 O 0) .N y Eco N O 0 N a.. v., CIS no. cc O as co ac a)ca cti .� .. •� I:.1.. 1V H a 4 s S L A td s ._ ] LA M' 4� ti F h 7 ` C:5) I cI$ 7 s Q I t~ f (i 1 r (...6, cs- Cf (7.11- � 3 ' a —' A rn f0 ii .• 0 lit 4 ID III i111.1 Verbh:Ici, k. r e r r e z_` SkCV/ QJ S. 5 Q 4 N /� g' •. qi Q • T rt, . , F V1 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Rezoning Property at 5825 Up River Road CAPTION: Case No. 1215-04 John Dunn Walsh: A change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial uses to estate residential uses. The property is described as being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. PURPOSE: The purpose of this item is to rezone the property to allow for the reconstruction of a single family home. RECOMMENDATION: Planning Commission and Staff Recommendation (December 16, 2015): Approval of the change of zoning from the "IH" Heavy Industrial District to "RE" Residential Estate District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing to build a new single family dwelling after demolishing the existing single-family dwelling. The unplatted tract of land is two acres in size and roughly 350 feet by 200 feet. At a minimum, the Unified Development Code would require a 50 -foot front yard setback, 25 foot wide side yard setbacks and a 15 foot rear yard setback. The proposed rezoning is not consistent with the adopted Future Land Use Map designation of the property as heavy industrial. While the proposed zoning deviates from the Future Land Use Plan, the existing zoning of "IH" Heavy Industrial next to residentially zoned and occupied property conflicts with the Corpus Christi Policy Statements. The "IH" Heavy Industrial Zoning predates the adoption of the Future Land Use Plan and a rezoning to a more compatible district could improve the compatibility of land uses while the residential uses remain. Rezoning to the "RE" Residential Estate District on only two acres of the Walsh Family's 15 acres would be a small step toward greater land use compatibility. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning is not consistent with the adopted Future Land Use Map designation of the property as heavy industrial but is consistent with other policies of the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Zoning Report Ordinance amending the Unified Development Code ("UDC"), upon application by John Dunn Walsh ("Owner"), by changing the UDC Zoning Map in reference to a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, from the "IH" Heavy Industrial District to the "RE" Residential Estate 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 John Dunn Walsh ("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, December 16, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "IH" Heavy Industrial District to "RE" Residential Estates District, and on Tuesday, January 12, 2016, 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 John Dunn Walsh ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street (the "Property"), from the "IH" Heavy Industrial District to the "RE" Residential Estate District (Zoning Map No. 052046), 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 description, 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. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for estate residential uses. 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. Ordinance_1215-04 John Dunn Walsh 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_1215-04 John Dunn Walsh Page 3 of 3 2.0 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 016808.54.00 September 30th, 2014 Fieldnotes, for a 2.00 Acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, survey No 142, out of a 17.75 Acre tract described as Real Property 1. In an Inventory and Appraisement Document No 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 Acre called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 Acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas; said 2.00 Acre tract, being more particularly described by metes and bounds, as follows; Commencing, at a 3/4 inch iron rod in concrete found, for the West corner of a 4.34 Acre tract, the South corner of the said 17.75 Acre tract, from whence a 60D Nail found for the West corner of Lot D, Lantana Acres, a map of which is recorded in Volume 21, Page 53 of the Map Records of Nueces County, Texas, the North corner of the said 4.34 Acre tract and a corner of the said 17.75 Acre tract, bears North 35°38'15" East, 420.58 feet; Thence, North 54°51'07" West, with the South line of the said 17.75 Acre tract, 19.26 feet, to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGINEERING C.C. TX to be set, for the Point of Beginning and South corner of this tract; Thence, North 54°51'07" West, continuing with the South line of the said 17.75 Acre tract, 277.71 feet, to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGINEERING C.0 TX to be set, for the West corner of this tract, from whence, a 5/8 inch smooth iron rod found on the South line of the said 17.75 Acre tract bears, North 54°51'07" West, 300.47 feet; Thence: North 23°08'36" East, 288.13 feet to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGINEERING C.0 TX" set, for the North corner of this tract; Thence: South 78°13'25" East, 216.22 feet, to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGINEERING C.0 TX" set, for the East comer of this tract; Thence: South 09°19'50" West, 318.16 feet, to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGINEERING C.0 TX" set, for a corner of this tract; Thence: South 34°43'26" West, 81.20 feet, to the Point of Beginning, containing 2.00 Acres (87,120 sq. ft.) of land, more or less. Bearings based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. Unless this f eldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract descri jos .N�NNNlHNM..N..,..N. 1, . •141-1!S ` . ,_ I(ElTiwit)0!. jfl.fj.[i p..�/N.M .0 .rN.n • %,7.4, 5463 <z. Keith W. Wooley, R.P.L.S. tio;�,o - dr License No. 5463 URBAN ENGINEERING S:\Surveying\16808\8400\OFFICE\METES AND BOUNDS\0168086400 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 Exhibit A Page 1 of 1 FAX (361)854-6001 91 Area Terminal 94.826 Acres 4121893 SoFt Dunn Ysoney Tract 2 97.97E Acres (Gross) 97.742 Aare1 (Net) 5..P8 Acres (ROW) Vol. 2142, Py. 803 D.R.N.C.T. (Owner. aTGO Refining and Chemicals Company LP.) UP RIVER ROAD James J. & John W. Meaney Vol. 959 Pg 357 D.R.N.C.T. Jomes Meaney Vol. 624 Pg 278 D.R.N.C.T. 17.75 Acre Tract Vol. 703 Pg 139 C.R.N.C.T. Mr. and Mrs. J. Walsh Vol. 624 Pg 275 D.R. N.C.T. S 78.13,25" 216.22, Walsh M. Catherine Lot D, Lantana Acres Vol. 21 Pg 53 D.R.N.C.T. Catholic Solitudes, Daniel Dunn Meaney Doc No. 2004014391 SITE MAP — N.T.S County of Nueces Corpus Christi, TX S 34'43'26" W 81.20' N 55'02'29" W 19.26' --�_ Point of Commencement Point of Beginning Walsh M. Catherine Dunn Tract, Lot 9 SITdE • 5/8 INCH IRF • 600 NAIL FOUND O 5/8 INCH IRS "URBAN ENGINEERING" 0 so loo leo 1.1la General Notes: 1.) Bearings bored on CPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. (Record Bearing/Distance) D.R.N.C.T — Deed Records Nueces County Texas 2.) Some features shown on this survey may be out of code for clarity. 3.) Declaration Is mode to original purchaser of the survey. It Is not transferable to any additional or subsequent owners. 4.) This survey was prepared from field data obtoined on JULY 30, 2014. DATE September 26. 2014 SCALE: 1 .150' JOB NO.: C16608.B4.o0 SHEET: 1 of 1 DRAWN BY: CDS UFRBAN\ ENGINEERING PPS Serve u. Goy., era 7r nue teAE 114 414 145 75RS ih,, Ma 0051k0 HKeL' (.1)134-J70l FAC• (Wi) a 4-8x7 Exhibit B Aerial Overview Vicinity Map Aerial • PLANNING COMMISSION FINAL REPORT Case No. 1215-04 HTE No. 15-10000065 Planning Commission Hearing Date: December 16, 2015 Applicant & Legal Description Applicant/Owner: John Dunn Walsh Legal Description/Location: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. Zoning Request From: "IH" Heavy Industrial District To: "RE" Residential Estate District Area: 2.0 acres Purpose of Request: To allow for the reconstruction of a single family home. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IH" Heavy Industrial Estate Residential/Vacant Heavy Industrial North "IH" Heavy Industrial Vacant Heavy Industrial South "IH" Heavy Industrial Vacant Heavy Industrial East "RS -6" Single -Family 6 Estate Residential Heavy Industrial West "IH" Heavy Industrial Estate Residential/Vacant Heavy Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Development Plan and is planned for heavy industrial uses. The proposed rezoning to the "RE" Residential Estate District is not consistent with the adopted Future Land Use Plan or the Westside Development Plan. Map No.: 052046 Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has no direct access to a public roadway. Street access to the land locked property is through a driveway across an abutting property and then onto a Road Reserve shown on Lantana Acres Block C Subdivision which then connects to Lantana Road. Lantana Road is a designated C-1 Collector Street with a maximum desirable average daily trips for a C-1 Minor Residential Collector street is 1,000 to 3,000 trips per day. § m•O L Street Urban Transportation Plan Type Proposed Section Existing Section Lantana Road C-1 Minor Residential Collector 60' 20' Traffic Volume (2013) NA Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District to allow reconstruction of an ancestral home. Development Plan: The applicant is proposing to build a new single family dwelling after demolishing the existing single family dwelling without an approved demolition permit. The unplatted, landlocked tract is 2 acres in size and roughly 350 feet by 200 feet. At a minimum, the Unified Development Code would require a 50 -foot front yard setback, 25 foot wide side yard setbacks and a 15 foot rear yard setback. Existing Land Uses & Zoning: The properties to the north of the subject property are vacant and are zoned "IH" Heavy Industrial. To the east of the subject property across a private road are residential estates (single-family dwellings each on more than one acre of land) in the "RS -6" Single -Family 6 District. To the west of the subject property is residential estate zoned "IH" Heavy Industrial. Farther west is vacant land owned by Citgo Refining, which acts as a buffer zone but is outside the city limits and within Industrial District No. 1. To the south of the subject property and next to Academy Heights Subdivision is vacant land zoned "IH" Heavy Industrial and owned by Catholic Solitudes, Inc. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "RE" Estate Residential District is neither consistent with the adopted Future Land Use Plan's designation of the property as heavy industrial nor consistent with the Westside ADP. The following is additional background information on the Future Land Use designation and pertinent elements of the Comprehensive Plan: o The Future Land Use plan designation of Heavy Industrial land use was first placed on the property as part of the Westside ADP to assure Staff Report Page 3 consistency with existing "IH" Heavy Industrial Zoning and without regard to the existing use of the property for a single-family dwelling. o Several Northside Studies were completed in the late 1990s through 2010. The initial Northside Study included this area and recommended rezoning the Heavy Industrial zoned area west of the Academy Heights Subdivision to an agricultural -rural zoning district for the purpose of allowing the existing uses to remain and creating land use compatibility with the Heavy Industrial uses to the west. While the Northside Plan was not approved, the abutting "IH" Heavy Industrial zoning and vacant land in Industrial District No. 1 is still a concern for assuring long-term land use compatibility in the area. The subject property and vacant land to the north and south could be rezoned to a large lot residential zoning district to create a buffer between the existing residential neighborhood and heavy industrial uses likely to develop in Industrial District No. 1. Rezoning the "IH" Heavy Industrial area to a large -lot, low-density residential district would create a buffer between existing higher density residential uses and future industrial uses to the west. o Incompatible industrial and commercial land uses should not abut residential areas. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. (Corpus Christi Policy Statements, Residential Land Use Policy i.) Plat Status: The subject property is not platted and will have to be platted before a building permit can be issued for uses allowed under the zoning district. Department Comments: • The proposed rezoning deviates from the Future Land Use Plan: o While the proposed zoning deviates from Future Land Use Plan, the existing zoning of "IH" Heavy Industrial next to residentially zoned and occupied property conflicts with the Corpus Christi Policy Statements. The "IH" Heavy Industrial Zoning predates the adoption of the Future Land Use Plan and a rezoning to a more compatible district could improve the compatibility of land uses while the residential uses remain. o Rezoning to the "RE" Residential Estates District on only two acres of the Walsh Family owned 15 acres would be a small step toward greater land use compatibility. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "IH" Heavy Industrial District to "RE" Residential Estates District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 7 within 200 -foot notification area 2 outside notification area As of December 22, 2015: In Favor — 5 inside notification area — 3 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. Site Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\1215-04 John Dunn Walsh\PC Documents\Report for PC_1215-04 John Dunn Walsh_final.docx SUBJECT PROPERTY 0 400 00 Fe DJpanme Date Created: 12/112015 Prepared 8y: JeremyM of DeYelapmerll Services CASE: 1215-04 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 Com me rcia I 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 -4 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate 145-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home nSubject Property Owners with 200' buffer 0 in favor 4 Owners within 200' listed on X owners aftactled ownership tebfe in oppasinon AG ES LOCATION MAP City of Corpus Christi a4� LEFT SIPE ELEVATION r. RIGHT SIDE ELEVATION REAR ELEVATION SECTION THRU HOUSE / ) LP &W PLAN ROOF PLAN FRONT ELEVATION V 4 N 6 15-10000065 US;;, Kra 1852 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 1215-04 Map No.: 052046 PC Hearing Date: 12-16-15 Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: John Dunn Walsh Contact Person : same Mailing Address: P.O. Box 4688 City: Corpus Christistate: Tx ZIP: 78404 Phone: ( 361 ) 215-2433 BIM Cell: ( 361 ) 215-2433 2. Property Owner(s): John Dunn Walsh Contact Person : same Mailing address: 813 Furman Ave., Apt #1 City: Corpus Christi state: Tx ZIP: 78404 Phone: (361 ) 215-2433 E-mail Cell: (361 ) 215-2433 3. Subject Property Address: 5825 Up River Road Area of Request (SF/acres): 2.0 acres Current Zoning & Use: IH but used for residential Proposed Zoning &use: RL - residential land 12 -Digit Nueces County Tax ID: 2197 - 0000 - 0985 Subdivision Name: N/A Block: Lot(s): Legal Description if not platted: DUNN TR 2 ACS OUT OF OHLER TR 4. Submittal Requirements: Date Held • with City Staff • Early Assistance Meeting: • Land Use Statement • Disclosure of Interest • Copy of Warranty Deed IF APPL/CABLE: is inconsistent with exhibit landowner • Peak Hour Trip Form (if request with Future Land Use Plan) • Site Plan for PUD or Special Permit ❑ Metes & Bounds Description if property includes un -platted land (sealed by RPLS) • Lien Holder Authorization is not signing this form IN Appointment of Agent Form if I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or on behalfthe rty Owner(s); and the forma n provided is accurate. s AfX�it O . r or Agent's Signature App . nt's Signature John Dunn Walsh John Dunn Walsh Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 11-24-15 Received By: DW ADP, WS Rezoning Fee_ 1692.50 + PUD Fee 0 + Sign Fee 10.00 = Total Fee 1702.50 No. Signs Required 1 @ $10/sign Sign Posting Date: 12-1-15 K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTIAPPLICATION FORMS \REZONING\ZONING APPLICATION 2015.DOC Form Revised 5/12/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The applicant, John Dunn Walsh, is the owner of the 2.0 acres located at 5825 Up River Road, Corpus Christi, Texas 78407, as indicated in the Special Warranty Deed at Document Number 2014046105. Mr. Walsh and his family have occupied the residence located at this address from 1980 until about two years ago. This property has been in Mr. Walsh's family for over 150 years, and his relatives have continuously lived on the property from the late 1800s until about two (2) years ago when the ancestral home became unlivable due to its age. The current owner, John Dunn Walsh, plans to build a new 2,500 sq ft brick veneer home on the property (see attached plans). Earlier this year Mr. Walsh obtained a demolition permit and destroyed the 100+ year old ancestral home in anticipation of building his new home. However, the application #15-12545 was denied due to the property being zoned IH. Mr. Walsh is seeking a re -zoning regarding only his 2.0 acres from IH to RL. 2. Identify the existing land uses adjoining the area of request: North - 10 acres north is in agricultural hay use South - The acres south is in agricultural use East - The acres east is used for residential - 2 homes West - The acres west is an industrial buffer zone C:\USERS\TANYAR.000\DESKTOP\DAILY USEWNNIKA\LAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: John Dunn Walsh STREET: 813 Furman Ave., Apt #1 FIRM is: Corporation Partnership CITY: Corpus Christi Sole Owner ZIP: 78404 Association Q Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name None Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name None 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 3% or more of the ownership in the above named "firm". Name Consultant None CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that 1 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. John Dunn Walsh Certifying Person: (Print Name) Signature of Certifying Person: Title: 64,1, 14,4444 W//'/ Date)IgJ vir K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: David Walsh - Walsh Law Firm Mailing Address: P.O. Box 4688 City: Corpus Christi State: Tx Zip: 78469-4688 Home Phone: ( 361 ) 774-8724 Business Phone: ( 361 ) 882-2088 Cell: ( 361 774-8724 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is eference to the entity. 6:_:2) *Signature of Agent: a.AAL3 Title: 17C D Printed/Typed Name of Agent: David Walsh Date: 61-a01 5 *Signature of Property Owner: bunts, c{/ Printed/Typed Name of Property Owner: John Dunn Walsh isle: owner Date: 1 ' 4 `-d 06— *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Brown.APPOINTMENT OF AGENT2-19-09.doc Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta y su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240, TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: Address: Vass Lit\tv--r gw-� s; >IN FAVOR ( ) IN OPPOSITION REASON: 1--eE- Z\V 1 Y �Q CZ V E5 ‘,399.411._ SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000065 City/State: C ' X Phone: 362(-i1 (-(-g W y Lisd„ Signature Case No. 1215-04 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su incites es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property t In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: 'KAcr'LfwU 0atm- Address: (,SOV 1*Sio #Gt,b 21,LI.I\I FAVOR ( ) IN OPPOSITION EASON: SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000065 City/State: I„ S, TY 7' A31 Phone: 2.14- nb - 0440 a is O' sf><ot Signature Case No. 1215-04 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance a: (361) 826-3240. Personas con incapacidades, clue tienen la intencibn de asistir a este junta v clue requieren servicios especiales, se les suplica clue den aviso 48 hares antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la junta v su inoles es limitedo, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al metros 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "1H" Heavy industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY TH CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: IA dQ--.fit C. t )ALJ �--4 Address: \ Z s- 1L.. ,�e�� A A City/State:(, ?o RPk.s '1 £rt ne KIN FAVOR ( ) IN OPPOSITION Phone: W 1— ? — /343e REASON: Signature SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000065 Case No. 1215-04 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: C- ?s-- i,. Al 5 4 - Address: if - IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000065 Signature ? City/State: Phone: -e (i): ,LAL Case No. 1215-04 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta y que requieren servicios especiales se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse ala commission durante la junta v su Indies es limitado favor de ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: J km -es /94c -s4 Address: C t 3 33 � k Leto -a PL -Ar -r. city/state: (k) IN FAVOR ( ) IN OPPOSITION Phone: .)-1'-}- _ ( S- 15.15' REASON: SEE MAP ON REVERSE SIDE Property Owner ID: Case No. 1215-04 Signature HTE# 15-10000065 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta y que requleren servicios especialos, se les suplica que den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development $ervices Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si listed desea dirigirse a la commission durante la y su Incites es limitado, favor de hamar al mmi i juntae timI . , departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la junta para soiicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heav Industrial District to the "RE" Residential Estate District resultin in a chance to the F ture Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded In Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume 11, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval pr denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MAST BE FILLED OUT, SIGNED BY THE CURRENT PRQPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In_person, by telephone call or by letter. Printed Name: Ma le Li A VI c.e r YteC b Address: 3r/D0cw(' f L.) City/State: (A-<)c�--{--+k 61,1 2'O0 I0IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000085 Phone: (90 a\j 34 "' L-? Case No. 1215-04 Project Manager: Bob Payne AGENDA MEMORANDUM Action item for the City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager December 29, 2015 FROM: Susan K. Thorpe, Assistant City Manager sthorpe@cctexas.com 361-826-3898 Motion Confirming Mike Markle as Chief of Police CAPTION: Motion confirming the City Manager's appointment of Mike Markle as Police Chief PURPOSE: Council confirmation of the Chief of Police after appointment by the City Manager is required under Texas Local Government Code Chapter 143 Section 143.013 BACKGROUND AND FINDINGS: Assistant Chief Mike Markle has been appointed by the City Manager to hold the office of Chief of Police ALTERNATIVES: Do not confirm Mike Markle as the Chief of Police OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Texas Local Government Code Chapter 143 Section 143.013 EMERGENCY / NON -EMERGENCY: DEPARTMENTAL CLEARANCES: Police Human Resources 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): (Do not list Accounting streams, use names of accounts) Comments: RECOMMENDATION: Confirm Mike Markle as Chief of Police LIST OF SUPPORTING DOCUMENTS: Resume — Mike Markle Michael D. Markle 5854 Hidden Valley Loop, Sandia, TX, 78383 Work phone: 361-886-2601, CeII: 361-774-9299 Email: mikemaOcctexas.com Mr. Ron Olson, City Manager City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Dear Mr. Olson, Please accept this letter as my formal application for the position of Chief of Police with the City of Corpus Christi. 1 am confident 1 possess both the personal and professional attributes you seek within your next Chief of Police. It is with great excitement and humility that l submit my application for this position. Within my accompanying resume you will find details of my education, professional development, and law enforcement experience that clearly show I have the requisite ability to lead this great organization. What lies behind the resume that may not be obvious to the reader, is possibly more important. Throughout my 26 years of service within the Corpus Christi Police Department 1 have worked within, or provided oversight to, nearly every facet of this agency. This has given me a unique understanding of where we are exceptional and where we can improve as an organization. During this time I have also gained a unique understanding and commitment to service for our community that has led to the formation of strong personal bonds with our citizens. Both my personal and professional life have been lived with a commitment to hard work, integrity, humanity, and humility. If chosen for this position I will use my experience and dedication to duty to further professionalize the Corpus Christi Police Department and the City of Corpus Christi. Thank you for the opportunity to apply for this position and l look forward to participating in the next step in the selection process. Sincerely, Michael D. Markle Application Date: December 14, 2015 SSN• 204-52-8524 Name• Michael D. Markle Position: Interim Chief of Police Contact Information Address: 5854 Hidden Valley Loop. Sandia, Texas 78381 Telephone: 361-774-9299 Email Address: mikema@cctexas.com License & Certificates License/Certificate Expiration Date License/Certificate # Agency State Issuing Education Highest Level Education DA -Not indicated EIB -Less than HS graduate ❑C -HS graduate or GED OD -Some college College/University Education School Graduated ❑E -Technical school ❑F-2 year college degree OG -Bachelor's level degree OH -Some graduate school Major ❑I -Master's level degree DJ -Doctorate (Academic) DK -Doctorate (Professional) DL -Post doctorate State/Country Employment History Start Date: End Date: Employer: Ending Job Title: Telephone: Supervisor Name: Supervisor Phone: Job Duties: 1 Pay Rate: Per: investigation of my background and suitability for employment. I further release and discharge all individuals, organizations, and their agents from all claims, demands, actions, liabilities, and damages of whatever kind for providing and/or confirming information about me in response to the City of Corpus Christi's investigation which may include, but is not limited to, the following requested information: A statement of the reason for the termination of my employment, eligibility for rehire, work, performance and habits, abilities, and other qualities pertinent to my qualification for employment with the City of Corpus Christi, which may include verification of military record, education, general reputation, criminal record, driving record and licenses, other required job-related certifications or licenses, and credit or investigative consumer report if required of the position. I understand that information obtained will be used for employment purposes only and in accordance with any pertinent laws. I understand that should an investigative consumer report be used solely or in part to deny my employment, I have the right to demand a complete and accurate disclosure of the nature and scope of the investigation requested and written summary of my rights under the Fair Credit Reporting Act. I understand that if I am applying for a position which requires a valid driver's license and driving is an essential function of the position, I may submit written proof along with my application that accidents on my driving record were non -preventable. The decision as to preventability will be made by the Safety & Risk Manager and cannot be further appealed. Signature: f/[td7 Date• December 14, 2015 6 Michael D. Markle 5854 Hidden Valley Loop, Sandia, Texas 78383 (361) 886-2601 Office (361) 774-9299 Cellular mikema@cctexas.com Education: Master of Business Administration, American Military University, Charles Town, WV, 25414, (Honors) Bachelor of Art in Criminal Justice, Saint Leo University, Saint Leo, Florida, 33574, (Magna Cum Laude) Professional Experience May 2015 — Present: Interim Chief of Police, Corpus Christi Police Department • Provide strategic leadership and direction for 650+ employees. • Oversee and manage a 68M annual budget. • Represent the City of Corpus Christi and the Corpus Christi Police Department as a strong, ethical, transparent, and competent administrator and leader. Accomplishments: • Appointed by the City Manager as Interim Chief of Police for the Corpus Christi Police Department after the passing of the Chief of Police, Floyd Simpson. • Effectively worked with city leadership and community leaders to orchestrate and host ceremonial services befitting Chief Simpson and the City of Corpus Christi. This service was attended by over 2000 people and gained national attention. • Worked to provide seamless operational service to the public and to maintain critical relationships with community leaders, media, faith based organizations, and law enforcement partners. • Successfully applied for a competitive Department of Justice Grant to enhance our current body camera program that will increase patrol body cameras by approximately 100 additional cameras. This grant has been awarded and implementation is in progress. • Enhanced current Compstat model through the introduction of Data Driven Approach to Crime and Traffic Safety (DDACTS) within the Corpus Christi Police Department. • Ensured the recruitment process for the 751h Corpus Christi Police Academy adhered to the Department of Justice Consent Decree for female hiring practices, resulting in a 30% female cadet representation in the upcoming academy. • Responsible for the preparation of the Corpus Christi Police Department for the Commission on Accreditation for Law Enforcement Agencies (CALEA) reaccreditation scheduled in November. • increased Officer continuing education hours by over 50% to address use of force and de- escalation techniques. • Secured funds to increase Public Safety technology by installing a command center within the police department that can actively monitor public safety cameras and communicate with the Emergency Operations Center and Mobile Command Post. • Worked to nurture a positive and professional relationship with numerous leaders to include City Managers, City Council, Crime Control Board, The Police Foundation, NAACP, LULAC, faith based organizations, and multiple law enforcement agencies. March 2014 — May 2015: Assistant Chief of Police, Operations • Provide leadership and direction for the Operations Bureau to include the following divisions and units: Patrol Division (25 shifts), Traffic Division, Crime Prevention Unit, Wrecker Inspection Unit, Parking Control, SWAT, Hostage Negotiations, Dive Team, and Bomb Squad. (300+ employees). • Manage multiple budgets totaling over 40M dollars (Operations Bureau). • Oversee disciplinary issues for both sworn and non -sworn personnel. • Maintain current and foster new community partnerships through attendance of numerous public events, meetings, and boards. • Assume Acting Chief role during absence of Chief of Police. Accomplishments: • Created a re -districting plan through data analysis to better utilize existing resources in an effort to improve staffing, beat coverage, and response times. • Successfully organized and managed several major events and incidents to include the Buccaneer Parade, Fiesta De La Flor and others. • Utilized grant funds to purchase Field Training Officer management software to provide better oversight and follow through on officer training objectives. • Successfully worked to re-engage the Corpus Christi Police Department with the Special Olympics Torch Run representing the Chief of Police. This has resulted in the 2015 Outstanding Service Award for Corpus Christi for Volunteer Fundraising. • Managed the public safety needs of approximately 15 major city events to include the Buccaneer Parade, Fiesta De la Flor, and Spring Break. • Routinely provided counsel for major events/incidents to the Chief of Police. Mav 2012 March 2014: Assistant Chief of Police, Investigations • Provide leadership and management for the Investigations Bureau to include the following divisions and units: Criminal investigations Divisions, Violence Against Women and Victims of Crime Unit, NarcoticsNice Division, Organized Crime Unit, Internet Crimes Against Children Unit, Gang Unit, Forensics, and Code Enforcement. • Maintain relationships with our federal partners to include the DEA, ATF, HIDTA, FBI, ICE, U.S. Attorney's Office, U.S. Marshals Service, Homeland Security, and Naval Air Station, Corpus Christi. • Routinely interact with media and community groups concerning crime and major incidents. Accomplishments: • Implemented the first domestic violence victim's assistance practicum site within the police department in conjunction with Texas A&M Corpus Christi and Texas A&M Kingsville to further enhance our victim assistance capabilities utilizing Graduate Students as a force multiplier. • Tasked with merging Code Enforcement into the Police Department to include selecting the proper management staff and supplemental police units. • Worked to create the Interdepartmental Nuisance Abatement Team in an effort to prioritize and abate highly problematic properties. This team is continually evaluated for efficiency and effectiveness resulting in a growing number of community partnerships and team members. • Conceptualized and initiated the enhanced VSOM (Video Surveillance Operation Management) project using Crime Control funds and partnerships with multiple departments and agencies. • Implementation of the Red Chord Initiative through the Vice/Narcotic Unit, this project works with community partners to divert arrested at risk female offenders into a diversion rehabilitation program. • Data management and Criminal Justice Information Security liaison for the Corpus Christi Police Department. January 2011 — May 2012: Commander, Criminal Investigation Division • Provide leadership and direction to the Criminal investigations Division to include Robbery/Homicide, Property Crimes, Special Crimes, Auto Theft Task Force, and Family Violence. Also within the department are the Graffiti Task Force, U.S Marshal Task Force, Victims of Crime Unit (VOCA), and the Violence Against Women Unit (VAWA). • Oversee complicated or sensitive investigations. • Oversee and manage a 28M -dollar budget. • Work with local and federal law enforcement partners to improve efficiency and effectiveness of investigations. • Maintain effective communication with the Chief of Police to ensure his/her knowledge of current events and investigations. Accomplishments: • Improved Family Violence investigations and case filing through a collaborative effort with the District Attorney's office. • Created team investigator approach in Family Violence to clear backlogged cases. This resulted in the reduction of standing caseloads for each detective and a quality assurance process to manage future caseloads. • Worked with staff to create a family violence field video interview process for Uniform Patrol officers utilizing digital cameras and standardized training in an effort to reduce the number of recanted victim statement forms. • Worked with the Property Crimes Unit to create a new city ordinance to address the previous antiquated (1958) scrap metal ordinance. This involved collecting best practices from other cities such as Houston, Conroe, and Dallas, Texas. The new ordinance was passed in January of 2012. • Created three volunteer investigator positions to assist with filing misdemeanor cases. A fourth volunteer position was created to collect video evidence for misdemeanor theft cases. • Redirected the Auto Theft Task Force to concentrate on auto burglaries. This included data mining and the effective use of technology to focus on the most prolific offenders. Operation "phone home" utilizing innovative investigations and a continuous flow of actionable intelligence sent to patrol units that resulted in a 21% decrease in auto burglaries and a 55% increase of total burglary cases filed with the DA's office. • Reestablished a Child Abduction Response Team (CART) for a coordinated response to child abduction incidents. This included collaboration between local, state, and federal partners in a 12 county region. • Organized and hosted the 2"a annual Business Summit to educate local business partners on the latest crime trends and emergency preparedness. • Brought the Auto Burglary and Theft Prevention Authority (ABTPA) state conference to Corpus Christi in 2012. • Created an automated process to notify victims of their case status for all property crimes. January 2010 - December 2010: Executive Officer of Metro -Communications • Provide leadership and direction to 80 dispatchers / call takers and multiple supervisors operating a 24-hour emergency communications center. • Provide uninterrupted emergency dispatch and communications to area wide public service entities to include the Corpus Christi Police Department, Corpus Christi Fire Department, Nueces County Sheriff's Department, Nueces County Constable Units, and several smaller city and volunteer organizations. • Oversee and manage a 5M -dollar budget • Oversee and manage the use of criminal justice information maintained within the Corpus Christi Police Department data centers. • Represent the Corpus Christi Police Department during all state and federal Criminal Justice Information Systems inspections. • Responsible for all personnel issues within the Metro -Communications Unit. Accompl ishments: • Utilized an Interoperability Grant to remodel and upgrade the Metro -Com Center. • Increased technology by upgrading existing call taking and dispatching software. • Created a standardized Metro -Com supervisor promotional process to include a written test and assessment center. • Prepared unit for first CALEA inspection and was deemed "best prepared unit thus far". • Represented the Corpus Christi Police Department for both state and federal criminal information compliance inspections. • Created standardized procedure to ensure continued emergency communications ability while transitioning to fall back stations. • Chaired the Radio Advisory Committee to better manage radio communication assets. January 2009 December 2009: District Captain Uniform Division • Patrol Captain providing leadership, supervision, and management of patrol field units. • On scene commander for major field incidents and crime scenes to include homicides, sexual assaults, officer involved shooting, and officer's killed in the line of duty. • Responsible for creating innovative methods to combat crime trends and to reduce fatality accidents. • Development of employees under my command. 2006-2009: Police Lieutenant • Provide leadership and direction to officers under my assigned shift. • On scene commander during the absence of a Captain during major incidents. • Development of innovative programs to combat crime. • Development of employees under my command. 1991-2006: Police Senior Officer • Assigned to patrol shift responsible for proactive and reactive patrol response. • Assigned to Criminal Investigations Division Child Crimes Unit. • SWAT member for 7 years to include entry team and Sniper Unit. • Honor Guard Member. • Field Training Officer. 1989-1991: Police Officer • General patrol assignments to include proactive and reactive patrol response. Professional Development • FBI Law Enforcement Executive Development Session (LEEDS) 75'x' Academy 2014 • Police Executive Research Forum's Senior Management Institute of Policing 2013 • Sam Houston University Law Enforcement Institute of Texas Command Staff Leadership Series 2014 • FBI Basic SWAT school 1993 • FBI SWAT Sniper school, 1995 • Texas Commission on Law Enforcement Masters Peace Officer Certificate 2005 • Texas Commission on Law Enforcement standards and education training totaling over 5600 hours. • Incident Command System training to include levels of certification of ICS 100, 200, 300, 400, 700, and 800. Affiliations • Police Executive Research Forum • International Associations of Chiefs of Police • Law Enforcement Executive Development Association • Texas Police Chiefs Association • Fraternal Order of Police • Wesley Community Center Board Member • 1CMA fiduciary committee member Awards • Life Saving Award, 2001 • Award and recognition for Community Service and Crime Reduction from the Corpus Christi Housing Authority 2009 • Sailor of the Quarter, U.S. Navy, Hospital Corpsman 1986 1984-1988: United States Navv, Hospital Corpsman • Honorably served in the United States Navy as a Hospital Corpsman/Medic. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for City Council Meeting January 12, 2015 DATE: 12/22/2015 TO: Ronald L. Olson, City Manager FROM: Susan Thorpe, Assistant City Manager Gustavo Gonzalez, P.E., Assistant City Manager SThorpe@cctexas.com 361-826-3898 Resolution to approve the Affordable Housing — Type A Pilot Program. CAPTION: Resolution Approving the Affordable Housing - Type A Pilot Program (revised from Dec. 8) which uses Type A funds for an interim construction loan for up to $100,000 at 0% interest for 24 months, for a qualified builder to construct a new affordable home for an income -qualified homebuyer. PURPOSE: The purpose of the resolution is to request approval from City Council for the updated proposed Affordable Housing — Type A Pilot Program. BACKGROUND AND FINDINGS: On September 21, 2015 the Corpus Christi Business and Job Development Corporation (Type A) passed a motion to allocate $100,000 of funds from the Available for Projects line item into an the Type A Pilot Program. On November 10, 2015, City staff made a presentation to City Council on a proposed Type A Pilot Program. City staff have met with local builders to receive input in regards to the structure and overall ability of the program to be a success. The attached guidelines serve as the City's effort to promote and encourage the building of homes on vacant lots within the Community Development Block Grant (CDBG) boundaries, which will serve as an opportunity to revitalize neighborhoods where infrastructure already exists. On December 8 the City Council discussed the Type A Pilot Program and asked for adjustments to be made. On December 15 the City Council determined that other changes were needed, and the item was tabled until the January 12 Council meeting. The updated, revised Type A Pilot Program was reviewed with homebuilders on December 30, and their comments and suggestions were incorporated into the final document. The program guidelines ensure that the City is not in the homebuilding business, and that the Type A funds provide an interim construction loan, which will be paid back through mortgage financing or by the builder at the end of 24 months if no buyer is secured. ALTERNATIVES: Allow the lender to provide the interim financing. OTHER CONSIDERATIONS: The intent is to develop comparable market analysis for homes within the CDBG boundaries. There have been very few sales in the last few years. The city will provide a subordination agreement to transfer the city owned lot at title closing. CONFORMITY TO CITY POLICY: The proposed guidelines are in conformance with Type A Board policies and procedures. EMERGENCY / NON -EMERGENCY: This item is non -emergency. DEPARTMENTAL CLEARANCES: Housing and Community Development, Development Services and 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): Comments: Funding will be reimbursed to the Type A at Title closing. RECOMMENDATION: Staff recommends the approval of the Affordable Housing — Type A Pilot Program. LIST OF SUPPORTING DOCUMENTS: Type A Pilot Program - updated Resolution Resolution Approving the Affordable Housing — Type A Pilot Program which uses Type A funds for up front/interim construction costs for a qualified builder to construct a new affordable home for an income - qualified homebuyer. WHEREAS, the Corpus Christi Business and Job Development Corporation (Type A) passed a motion to allocate $100,000, of funds from the Available for Projects line item into the Type A Pilot Program; WHEREAS, the City Council desires to provide more opportunities for decent, affordable housing for its citizens; and WHEREAS, the Affordable Housing — Type A Pilot Program establishes the program guidelines and application criteria for the program. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Approves the Affordable Housing — Type A Pilot Program, which uses Type A funds for an interim construction loan up to $100,000 at 0% interest for 24 months, to a qualified builder to construct a new affordable home for an income - qualified homebuyer. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 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 *** UPDATED DRAFT 12-30-15 *** CITY OF CORPUS CHRISTI Corpus Christi Business and Job Development Corporation Affordable Housing - Type A Pilot Program City of Corpus Ch risti EQ )AL WJUSW(i OPPORTUNITY Corpus Christi Business and Job Development Corporation Affordable Housing — Type A Pilot Program Program Guidelines Purpose The purpose of the Type A Pilot Program is to promote and encourage local homebuilders to build new homes on vacant lots in within the boundaries of the City of Corpus Christi. This program will demonstrate the viability of building affordable homes within the Community Development Block Grant (CDBG) boundaries of the City, where existing street and utility infrastructure are available to promote the development of single-family residential homes. Type A funding requires that home affordability and homebuyer income eligibility meet HUD regulations. The City has engaged the Nueces County Community Action Agency to assist with identifying income eligible home buyers and getting them pre -qualified for the first home in the Pilot Program. II. Program Description: A. The Type A Pilot Program (Program) funding is available to qualified builders for building an affordable home for an income -qualified homebuyer. The Program will provide an interim construction loan for up to $100,000 at 0% interest for 24 months, to a qualified builder for construction of a site -built single-family residential home on a vacant lot provided by the City. B. For the first lot under this program, the City has available building plans and specifications for a three-bedroom home to be built on the lot at 2034 Mary Street. Qualified builders will submit a proposal to construct a 3 bedroom, 2 bath home, through a Request for Proposal process, using City provided plans or the City plan with modifications. The City will evaluate proposals and award on best value. c. Notice to Proceed will not be issued until the buyer has been qualified for HUD eligibility through the Nueces County Community Action Agency and has been pre -qualified and approved for permanent financing through a local lender. A back up pre -qualified buyer will also be identified. Once the notice to proceed is issued, the builder must begin construction within 120 days. D. The maximum amount available for a new construction single-family residential home is $100,000 for a three-bedroom dwelling. E. This program can be combined other available City programs offered through Housing and Community Development. The homebuyer can apply for the City's existing Type A Homebuyer Assistance Program for up to $10,000 for Type A Pilot Program — Updated Draft 2 December 30, 2015 down payment and buy down costs, and can apply for the HOME Assistance Program for up to $5,000 in closing costs. F. The sale price of the home will be the construction cost plus $1,500 for the land. Proceeds from the sale will be used to reimburse the waived fees to make the General Fund whole, with the remaining funds being redeposited in the Type A Fund. III. Builder Eligibility through Request for Proposal (RFP) Process: • 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. IV. Construction Standards: • The work will be performed in accordance with the most current applicable City Technical Construction Codes, including the Energy Code. This includes the requirement for a driveway. • The house must comply with the State Board of Insurance Windstorm Codes. • The house must meet FHA and VA requirements. • The house cannot be located in a 100 -year flood plain. V. Program Incentives: • City -owned vacant lot provided for construction o Lot will be conveyed to homebuyer through a subordination agreement at closing • Type A funding as interim construction loan to builder for up to $100,000 at 0% interest for 24 months • Waiver of fees, which include building permit, inspection fees, water, sewer and gas taps Type A Pilot Program — Updated Draft 3 December 30, 2015 AGENDA MEMORANDUM for the City Council Meeting of January 12, 2016 DATE: January 12, 2016 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Discussion & Consideration of Process to Fill a Vacancy in the Office of Council Member CAPTION: Discussion and consideration of the process to fill a vacancy in the office of council member. PURPOSE: The purpose of this item is to discuss the process to fill a vacancy in the office of council member. BACKGROUND AND FINDINGS: Article II, Section 13 of the City Charter provides that, in the event of a resignation of a city council member, "the council, by majority vote, shall forthwith fill such vacancy by appointment of a new council member having the qualifications for such vacancy or vacancies as established by law, and the appointed council member shall hold office until the next regular city election and until his or her successor has been elected and qualified...". The qualifications for the position of city council member are: 1. Must be a citizen of the United States; 2. Must be 18 years of age or older on commencement of the term to be filled; 3. Must not have been determined mentally incompetent by a final judgment of a court; 4. Must not have been finally convicted of a felony for which he/she has not been pardoned or otherwise released from the resulting disabilities; 5. Must have resided continuously in this state for the twelve (12) months and in the city for the six (6) months preceding the date of the deadline for filing for office; and 6. Must not owe delinquent taxes to the city. OTHER CONSIDERATIONS: Historically, an application process has been used, which has included submission of an application packet consisting of the following: 1. Application for Appointment to the City Council; 2. Resume; and 3. Report of Financial Information Form. These documents have been reviewed by the City Council in executive session, the Council has determined whether interviews should be held, and then made decisions in open session. Typically, the process has been completed in a three- to four-week period. DEPARTMENTAL CLEARANCES: Legal Department RECOMMENDATION: Appointment of an individual or approval of a process to fill the vacant city council position, including a timeline, to include: application deadline, a date to interview candidates and a date on which the final selection and appointment is made. LIST OF SUPPORTING DOCUMENTS: Sample Application Packet SAMPLE APPLICATION PACKET All information is required to be provided unless indicated as optional. December 2015 APPLICATION FOR APPOINTMENT TO THE CITY COUNCIL TO: City Secretary 1 request that my application be considered for appointment to the City Council position. OFFICE SOUGHT Include any place number or other distinguishing number, if any. INDICATE TERM FULL X UNEXPIRED FULL NAME (First, Middle, Last) PERMANENT RESIDENCE ADDRESS (Street address and apartment number. If non,- describe location f residence. D • of include P.O. Box or Rura' :t.) MAILING ADDRESS (If different from residence address) 1 dilL ZIP J CITY STA Gl: CITY E-MAIL ADDRESS (Optional) OCCUPATION (Do not leave blank) DATE OF BIRTH VOTER REGISTRATION VUID NUMBER (if applicable) TELEPHONE NUMBER (Include area code) (Optional) OFFICE: HOME: Length IN STATE yr(s) of Continuous mos Residence as of IN CITY yr(s) Date Application Sworn IN DISTRICT OR PRECINCT' NA Yr(s) mos NA mos Before sworn, If using a nickname as part of your name in this application, you are also signing and swearing to the following statements: I further swear that my nickname does not constitute a slogan nor does it indicate a political, economic, social, or religious view or affiliation. I have been commonly known by this nickname for at least three years prior to this election. of for so do me, the undersigned authority, on this day personally appeared (name) upon oath says: "I, (name) , who being by me here and now duly a applicant for the office of the United States and of the State finally convicted of a felony by a final judgment of a court resided continuously in the state I am registered to vote in the City and I understand that failure to do As required by the City Charter, I , of County, Texas, being and laws I have not been been determined to vote. I have is made. term of office back of form). , swear that I will support the Constitution by other mentally incapacitated immediately the City of Corpus 573, Government in all things, and defend the Constitution and laws of this state. official action. I have not without the right preceding the date the appointment Christi throughout the Code (Summary on true and correct." X of Texas. I am a citizen of the United States eligible to hold such office under which I have not been pardoned or had my full rights of citizenship restored exercising probate jurisdiction to be totally mentally incapacitated or partially for twelve (12) months and in the City of Corpus Christi for six (6) months of Corpus Christi. As required by ordinance, I will maintain residence in shall work a forfeiture of office. I am aware of the nepotism law, Chapter not owe delinquent taxes to the city. I further swear that the foregoing statements included in my application are, SIGNATURE OF CANDIDATE Sworn to and subscribed before me at , this the day of , 2016 . SEAL Signature of Officer administering oath2 Title of Officer administering oath 1'O BE COMPLETED BY CITY SECRETARY: (See Section 1.007) Date Received Signature of City Secretary Summary of Nepotism Law The candidate must sign this statement indicating his awareness of the nepotism law. The nepotism prohibitions of Chapter 573, Government Code, are summarized below: No officer may appoint, or vote for or confirm the appointment or employment of any person related within the second degree by affinity (marriage) or the third degree by consanguinity (blood) to himself, or to any other member of the governing body or court on which he serves when the compensation of that person is to be paid out of public funds or fees of office. However, nothing in the law prevents the appointment, voting for, or confirmation of anyone who has been continuously employed in the office or employment for the following period prior to the election or appointment of the officer or member related to the employee in the prohibited degree: six months, if the officer or member is elected at the general election for state and county officers. No candidate may take action to influence an employee of the office to which the candidate is seeking election or an employee or officer of the governmental body to which the candidate is seeking election regarding the appointment or employment of a person related to the candidate in a prohibited degree as noted above. This prohibition does not apply to a candidate's actions with respect to a bona fide class or category of employees or prospective employees. Examples of relatives within the third degree of consanguinity are as follows: (1) (2) (3) First degree: parent, child; Second degree: brother, sister grandparent, grandchild; Third degree: great-grandparent, great-grandchild, uncle, aunt, nephew, niece. These include relatives by blood, half-blood, and legal adoption. Examples of relatives within the second degree of affinity are as follows: (1) First degree: spouse, spouse's parent, son-in-law, daughter-in-law; (2) Second degree: brother's spouse, sister's spouse, spouse's brother, spouse's sister, spouse's grandparent. Persons related by affinity (marriage) include spouses of relatives by consanguinity, and if married, the spouse and the spouse's relatives by consanguinity. These examples are not all inclusive. REPORT OF FINANCIAL INFORMATION Filed Pursuant to Section 2-340 et seq. Corpus Christi Code of Ethics (Revised August 19, 2009, pursuant to Ethics Ordinance Change) Annual Report for Year Ending December 31, 20 (Due by last Friday of April) ❑ Supplemental Report for Six Months Ending June 30, 20 (Due by last Friday of July) ❑ Candidate's Report for Year Ending December 31, 20 . (Due 5 days after filing for office) INSTRUCTIONS. Please type when filling out this form. Attach pages if additional space is needed on any respo identify eac response b i • .art to which i • . es _ ' ORTS u : E PHYSTCAT,LY FIV;i7 W THE CIT ECRETAR 4:45 P.M. HE D s us elow, "repon ; officia " in4 Fides 'c didate". REP (i'J OFFIC AL: ity ° ' ncil Men, - _Positic : Appointed Board Member _Board: Municipal Court Judge (or substitute judge): City Staff Member _Title: Candidate for City Council—Position: INDIVIDUAL REQUIRED TO FILE: RESIDENCE ADDRESS: (Full Name) (City) (Number/Street/Unit) (State) (Zip) The report shall include all of the following information for the reporting official and the reporting official's spouse, but information relating to the spouse need not be segregated from that relating to the reporting official. PART I. LICENSES. List all professional, occupational or business licenses held by the reporting official. Revised 08/2009 PART II. BUSINESSES. List all the names of any businesses with which the reporting official was actively engaged or associated, and the principal address and phone number of each, together with the position or title held. You are not required to include any businesses which are reported in other sections of this Report. PART III. INCOME. List the names and addresses of all sources of income which exceed 10 percent of the reporting official's gross income, or $5,000 in salary, bonuses, commissions or professional fees, or $20,000 in payment for goods, products or non-professional services. If the reporting official is self-employed or owns or controls at least a 20 percent interest in a partnership, corporation or other entity through which the reporting official does business, you must also report the names and addresses of the clients or customers who do business with the City from whom the reporting official, partnership, corporation or other entity received at least 10 percent of its gross income. The City publishes a list of those persons "who do business with the City" which you may rely upon for the purposes of this provision. (A sole proprietor shall not be required to report a source of income he or she would not have to report if operating as a corporation or partnership.) Revised 08/2009 PART IV. BUSINESS ORGANIZATIONS List the name and address of any business organization* in which the reporting official held, owned, acquired or sold stock or other equity ownership having a value exceeding $5,000 or equivalent to 10 percent or more of the stock or equity in the entity or owns 10% or more or $5,000 or more of the fair market value of the business organization or funds received from business organization exceed 10% or more of the person's gross income for the previous year. *"Business organization" includes a corporation, general partnership limited partnership, joint venture, trust or sole proprietorship. PART V. REAL PROPERTY. List all real property * in Nueces County or any adjoining county in which the reporting official held any legal or equitable ownership with a fair market value of $2,500 or more. The list shall include a description sufficient to locate the property, preferably the physical address of the real property. "Real Property" includes land, buildings, improvements, mineral interests and leasehold estates, whether such property is owned by the official or by another as trustee for the official. Revised 08/2009 PART VI. PERSONAL LIABILITIES. List the name and address of any person to whom the reporting official was indebted in excess of $10,000 together with the dates any such debts were incurred. "Indebted" includes obligations on which the reporting official is a guarantor or co-signer, in which case the names of the borrower and lender shall be listed. (`Person" is defined in Section 2-341 as "an individual, proprietorship, firm, partnership, joint venture, syndicate, trust, company, corporation, association, committee, estate, receiver, entity or any other organization or group of persons acting in concert, whether profit or nonprofit.) PART VII. NOTES, BONDS & LOANS. List the name and address of any person who is the obligor on any note, bond, loan or any other similar obligation, written or unwritten, owed to the reporting official which in the aggregate equal $10,000 or more together with the dates of such obligations. PART VIII. CONTRACTS WITH THE CITY OF CORPUS CHRISTI List all contracts with the City of Corpus Christi, including the date, term, type of good or services provided and the amount of the contract. Revised 08/2009 PART IX. POSITIONS AND BOARDS. List all board of directors or governing bodies of which the reporting official is a member, and all offices or executive positions the reporting official holds in corporations, partnerships, limited partnerships, professional corporations, associations or other entities, including non -business and non-profit entities, stating the name of each entity and position held, and excluding entities owned or created by the city. PART X. GIFTS AND FAVORS. List the name and address of any person from whom the reporting official received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities or services, cumulatively exceeding $200 in value. The nature and date of each gift received shall be specified. Provided, however, campaign contributions reported as required by state law and gifts or favors from relatives need not be reported hereunder. "Relative" includes spouse, father, mother, brother, sister, son, daughter, spouse's children, grandfather, grandmother, son-in-law, daughter-in-law, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, father- in-law, mother-in-law, brother-in-law, sister-in-law, grandfather -in-law, grandmother -in-law, uncle by marriage, aunt by marriage, nephew's wife, niece's husband, grandson -in-law, granddaughter -in-law, first cousin's spouse, adoptive relationships being treated as natural. Revised 08/2009 VERIFICATION I do solemnly swear that the foregoing Report, filed herewith, is in all things true and correct, and filly shows all information required to be reported by me pursuant to the City of Corpus Christi Code of Ethics, Section 2- 340 et seq. Signature of Official SWORN AND SUBSCRIBED BEFORE ME by this day of 20 , to certify which, witness my hand and seal of office. Notary Public, State of Texas FILED FOR RECORD this ,20 . City Secretary Revised 08/2009 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: TO: Ronald L. Olson, City Manager 12/1/2015 FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Ordinance authorizing acceptance and appropriation of grant funds for the Latchkey Afterschool Snack Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $153,645 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey Afterschool Snack Program. PURPOSE: Appropriation of grant funding to allow for continuation of the afterschool snack program. BACKGROUND AND FINDINGS: The U.S. Department of Agriculture (USDA), through the Texas Department of Agriculture (TDA), provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and/or enrichment activities. The Parks and Recreation Department has a total of 22 Latchkey sites that qualify for meal service based on eligibility. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. The Latchkey program subsidizes the snacks for these sites. The City entered into a five year Interlocal Cooperation Agreement with CCISD, effective October 1, 2013 to June 10, 2018, to prepare and deliver snacks at a rate of $.75 per snack, with a 5% annual price cap increase from the previous year. The rate set for this school year beginning August 24, 2015 - June 2, 2016 (based on Federal funding year) is $.76 per snack. CCISD will maintain and provide all menu preparation records. It is estimated that approximately 12,000 youth per month are served after school snacks. Total program costs are to be provided by the grant. No City funds will be utilized for this program, but an ordinance is necessary to appropriate the grant of $153,645 in order to implement the program. CCISD has approved the food service agreement. ALTERNATIVES: Reject the grant award and discontinue the afterschool snack program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount This item $153,645 $153,645 BALANCE $153,645 $153,645 Fund(s): Parks and Recreation Grant Fund — 1067 Comments: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Award Interlocal Agreement with CCISD Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $153,645 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey Afterschool Snack 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 execute all documents necessary to accept a grant in the amount of $153,645 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey Afterschool Snack 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 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 Texas Unified Nutrition Programs System 1 Application Packet Sponsor of Affiliated Sites Page 1 of 1 Application Packet Sponsor of Affiliated Sites 31507 Status: A.tive CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT DBA: 1601 North Chaparral CORPUS CHRISTI, TX 78401 County District Code! 178 ESC: 2 TDA Region; S Packet Submitted Date: 09/11/2015 Packet Approved Date: 09/17/2015 Packet Original Approval Date: 09/17/2015 Packet Status: Approved Latest Action Form Name Version Status View 1 Revise ✓ Contracting Entity Application Revise 1 Details V Board of Directors View 1 Revise ✓ Contracting Entity Budget Detail Details ✓ Checklist (7) View Application Packet Notes for CE Original Approved Rev. 1 Approved Original Approved Approved Pending Return for Denied Withdrawn/ Total Correction Closed Error Applications Site Applications) 24 0 0 0 0 0 24 Next Base Year Renewal: 2017 - 2018 Show Packet History haps://txunps 1.texasagriculture.gov/TXUNPS/Cacf•'AppPacket.aspx?enc=acnVachet9rjd... 12/2/2015 Page 1 of 4 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK FOOD PROGRAM This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager ("City Manager") or the City Manager's designee, and the Corpus Christi Independent School District ("District"), acting through Its duly authorized Superintendent or the Superintendent's designee, for purposes of the Texas Interlocal Cooperation Act, Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring the Child and Adult Care Food Program, a federally -funded and state -administered program to provide after school snacks to school-age children at approved after school program sites; and, WHEREAS, the District agrees to provide unitized snack -sized meals, inclusive of milk or juice, to City for a fixed fee; NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: Section 1. Term. This Agreement begins October 1, 2013, and continues for up to five school years, through approximately June 10, 2018. Section 2. Consideration. Initially, the City shall pay the District $0.75 per snack -sized meal ("Snack" or "Snacks") provided to City by the District. Thereafter, the City Manager is authorized to approve annual amendment to this agreement to adjust the cost per snack, so long as the annual increase does not exceed 5% from the previous year's cost. The District will maintain its food service operation at its facility, which will be utilized for the preparation and packaging of the Snacks, during the term of this Agreement. Section 3. Nutrition Assurances. The District shall ensure that each Snack will meet the minimum nutrition value and content requirements currently mandated and as may be hereafter promulgated by the Texas Department of Agriculture for supplemental food components, in accordance with the Child and Adult Care Food Program - Child Care Center Regulations, which are incorporated in this Agreement by reference as if fully set out herein. Section 4. Record Keeping. (A) District must maintain full and accurate records which must include the following: (1) Menu Records, which will include the amount of food prepared and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are Incorporated in this Agreement by reference; and Snack Records, which will include the daily number of Snacks delivered by type and which comply with the 2014-001 1/21/14 Ord. 030058 CCISD INDEXED Page 2 of 4 requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference. (B) District must provide monthly reports of Menu Records and Snack Records to the City's Park and Recreation Director of Programs, or designee, within ten (10) business days following the end of the preceding month in which Snacks were provided to City. (C)District must make all records and accounts pertaining to the Child and Adult Care Food Program available to representatives of the U.S. Department of Agriculture, the U.S. General Accounting Office, or the Texas Department of State Health Services for audit and administrative review at a reasonable time and place. (D) District must retain the Menu Records and Snack Records for three (3) years plus ninety (90) days following the termination of this Agreement, or so long as an audit of the Menu Records, Snack Records, or both, is in progress. Section 5. Program Coordination. The City's Park and Recreation Director of Programs, or the Director of Programs' designee, shall place a daily order with the District's Food Service Director, or the Food Service Director's designee, and must specify the number of Snacks needed by type, the sites at which the Snacks are needed, and the time by which the Snacks must arrive at each site. Section 6. Food Service Employees. The District's food service employees shall be responsible for transporting and delivering the Snacks to each site. The Districts food service employees will continue to be District employees for the term of this Agreement and are, therefore, subject to the District's policies and regulations. The City's officers, employees, representatives, and agents shall not exercise any control nor supervision over District's food service employees at any time during the term of this Agreement. Section 7. Payment. The District shall invoice the City on a monthly basis for all Snacks provided to the City by District. The City must pay the invoice within two Fridays after receipt of same. Section 8. Current Revenue. All money spent for the Child and Adult Care Food Program must be spent out of currently available revenue of the City and District. Section 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing snacks at City -sponsored after school program sites and is not for the benefit of any third party or individual. Section 10. Non -Assignment. Neither this Agreement, nor any interest therein, is assignable or transferable, in whole or in part, directly or indirectly, without the prior consent of the City and the District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Section 11. Laws. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance thereunder. Page 3 of 4 Section 12. Modifications. No changes or modifications to this Agreement may be made, or any provision waived, unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 13. Severance Clause. If for any reason any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement, for it is the definite intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 14. Termination. Either party may terminate this agreement by providing sixty (60)_ days advance written notice of termination. Any notices under this agreement to the City shall be sent certified mail, return receipt requested, and mailed to: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78403 Any notices under this agreement to the District shah be sent certified mail, return receipt requested, and mailed to: Corpus Christi Independent School District Attn: Director of Food Services 4922 Westway Corpus Christi, Texas 78408 Section 15. Entirety Clause. This Agreement and any documents incorporated by reference constitute the entire agreement between the City and District. All other agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding, within the provisions of this Agreement and its incorporated documents, of the terms, conditions, promises, and covenants relating to each party's agreed performance. EXECUT.. 1 I DUPLICATE, each of which shall be considered an original, on this the day of , 20'i, ATTEST: TLL- City Secretary CITY OF C •.:+1I11 RIS Ron Id—•� son, City anager sT Mucfl.. _ 1 2-j iffy ......_,......»..... ilii TAR Page 4 of 4 ATTEST: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: By: See Attached Page Name: Name: Title: Title: Date: Date: Approved as to form. 7- Ass scant City Attorney For City Attorney DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403-0110 By: D. Scott EIIiff, Ed.D. Superintendent of Schools Date: /e/g l5 Reviewed and A• proved for Purchasing Compliance By: aa Brij j:ya lA, C.P.M Di t.. fo rc asing and Distribution Approved as to Legal Form By: John J. Janssen General Counsel for CCISD w Date: 40/43 Date: /o -y-(3 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2016 Second Reading Ordinance for the City Council Meeting of January 19, 2016 12/1/2015 FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com, 361-826-3464 Ordinance authorizing acceptance and appropriation of the Retired Senior Volunteer Program (RSVP) grant award for FY15-16 and City matching funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. PURPOSE: Appropriation and acceptance of grant funding, along with the transfer and appropriation of City matching funds to allow for the continuation of the Retired Senior Volunteer Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal, State and local grants, in addition to City matching funds that must be appropriated each year. This grant award is the first year of the contract with the corporation for National and Community Service. The amount of $21,671 is the State's portion of the contract. The RSVP program has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the previous grant period (7/01/2014-6/30/15) and fiscal year 2014-2015, 390 enrolled volunteers contributed 69,132 hours through more than 38 different non-profit organizations like the, Deaf and Hard of Hearing Center, Corpus Christi Metro Ministries, VA Clinic, and other community based organizations such as the Corpus Christi Medical Center, USS Lexington, and AARP Chapter. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: This grant requires City matching funds, which were budgeted in the FY16 City General Fund. X 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 (transfer) $ 79,173 $ 79,173 This item (grant) 21,671 21,671 BALANCE $100,844 $100,844 Fund(s): Parks and Recreation Grant Fund — 1067; General Fund 1020 Comments: State Grant for FY2015-2016 RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and Community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program. SECTION 2. That the $21,671 State grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Retired Senior Volunteer Program. SECTION 3. That $79,173 is transferred from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Retired Senior Volunteer Program. SECTION 4. That $79,173 is appropriated in the No. 1067 Parks and Recreation Grant Fund. 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 Notice of Grant Award Retired and Senior Volunteer Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 EIN: 746000574 DUNS: 069457786 Award Information Agreement No.: 15SRWTX013 Performance Period: 09/01/2015 - 08/31/2017 Amendment No.: 1 Budget Period: 09/01/2015 - 08/31/2016 CFDA No.: 94.002 Grant Year: 1 Award Description Award TDADS funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22) using money appropriated by the State of Texas. Funding Information Year 1 Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $0 $21,671 $21,671 Grantee's Unobligated Balance (Carryover) $0 $0 $0 Total Available $0 $21,671 $21,671 Cumulative Funding for Project Period Total Awarded in Previous Amendments Total CNCS Funds Awarded to Date $0 $21,671 Funding Source and Amount 2016 --OPE 1-Q 53 -OPO -22413-4101 $21,671.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 7/30/15. By accepting these funds, your organization agrees and accepts that: 1) You will make the final financial status report available for review by the Corporation for National and Community Service within 60 days of the end of each Texas Fiscal Year covered by this Agreement. The Texas Fiscal Year is from September 1 to August 31. 2) The State of Texas auditor, under the direction of the Legislative Audit Committee, has the authority to conduct an audit or investigation in connection with these funds; and 3) Under the direction of the Legislative Audit Committee, a project that is the subject of an audit or investigation by the State of Texas auditor must provide the auditor with access to any information the auditor considers relevant to the investigation or audit. 4) The grantee shall be entitled to reimbursement for costs incurred on or after September 1, 2015 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Page 1 For Official Use Only For Official Use Only Notice of Grant Award Retired and Senior Volunteer Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 E1N: 746000574 DUNS: 069457786 Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://egrants.cns.gov/termsandconditions/GeneralTermsandConditions20150403.pdf, and the Program Terms and Conditions found at https://egrants.cns.gov/termsandconditions/TexasStateTandC_RSVP2015.pdf. Recipient also agrees to comply with assurances and certifications made in the grant application, and applicable federal statutes, regulations and guidelines. Recipient agrees to administer the grant in accordance with the approved grant application, budgets, supporting documents, and all other representations made in support of the approved grant application. Corporation for National and Community Service: 11/09/2015 Signature Award Date Keisa Thompson Senior Grants Officer City of Corpus Christi Legal Applicant Ericka Maldonado Project Director Keisa Thompson, 215-964-6334 Ericka Maldonado Grants Officer Certifying Official/Executive Officer Benjamin Alamprese, 512-391-2944 Program Officer Page 2 For Official Use Only 1852 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2016 Second Reading Ordinance for the City Council Meeting of January 19, 2016 DATE: November 16, 2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Ordinance authorizing Lease Agreement Renewal with Gulf Coast Gem and Mineral Society CAPTION: Ordinance authorizing the City Manager, or designee, to execute three-year lease agreement with Gulf Coast Gem and Mineral Society for the use of City property at 3933 Timon. PURPOSE: Renew a lease with the Gulf Coast Gem and Mineral Society for a portion of the Kiwanis Recreation Center for shop space for its programs. BACKGROUND AND FINDINGS: The Gulf Coast Gem and Mineral Society (Lessee) has requested a renewal of the three-year lease with the City of Corpus Christi for a portion of the Kiwanis Recreation Center located at 3933 Timon Blvd on North Beach. The Lessee promotes interest by providing lapidary classes and lapidary workshop programs to the general public. The Lessee has been leasing the facility since 1996. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation 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 $0 0 0 Encumbered / Expended Amount 0 0 0 This item $540 $1080 0 BALANCE $540 $1080 0 Fund(s): General Fund 1020 Comments: The City collects $45 per month in revenue to cover a portion of electricity costs; the City also collects 35% of class fees as revenue. This is an estimate of revenue already included in the FY16 budget. RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits Ordinance authorizing the City Manager, or designee, to execute three-year lease agreement with Gulf Coast Gem and Mineral Society for the use of City property at 3933 Timon. Be it ordained by the City Council of the City of Corpus Christi, Texas that SECTION 1. The City Manager or his designee is authorized to execute a three-year Lease Agreement with Gulf Coast Gem and Mineral Society for the use of City property at 3933 Timon. A copy of the lease is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor GULF COAST GEM AND MINERAL SOCIETY LEASE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City of Corpus Christi ("City") owns the building and facilities located at 3933 Timon; and KNOW ALL BY THESE PRESENTS: WHEREAS, the Gulf Coast Gem and Mineral Society ("Lessee"), a non-profit organization, desires to utilize a part of the building at 3933 Timon; NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants herein, agree as follows: 1. Definitions. A. City — City of Corpus Christi. B. City Manager — City Manager of Corpus Christi or designee. C. Council — City Council. D. Director — Director of Park and Recreation Department or designee. E. Facility — Building at 3933 Timon. F. Lessee — The Gulf Coast Gem and Mineral Society. 2. Term. City grants a lease of a portion of he building located at 3933 Timon ("Facility") as depicted on the attached Exhibit A subject to all of the terms and conditions of this Lease to the Gulf Coast Gem and Mineral Society. The term of this Lease is for 3 years commencing on day of final Council approval. 3. Consideration. In consideration of City's Lease of the Facility to Lessee, Lessee agrees to provide Community Programs as follows. Lessee will provide the public lapidary classes and lapidary workshop programs to promote interest from the general community and Park and Recreation Senior Centers. All revenue generated from said classes will be collected by City with the revenue to be split 65% to Lessee and 35% to City. 4. Lessee Services and Responsibilities A. City Use. If Lessee is not using the Facility, City has the right to use any or all of the Facility for recreational purposes. B. Lessee Usage. Lessee may use the Facility for its meetings and as a workshop, except that Lessee agrees to allow use of the Facility by the Park and recreation Department to support its summer aquatics program on Corpus Christi Beach. Lessee's use of the Facility is also subject to all other restrictions contained herein. Gulf Coast Gem and Mineral Society 1 C. Maintenance. Lessee shall maintain the Premises in accordance with the schedule attached hereto and incorporated herein as Exhibit B. If Lessee is unable to perform maintenance tasks as scheduled, or within a timely manner, the City Manager may terminate this Lease upon fifteen (15) days written notice to Lessee. D. Utilities. City shall pay for utilities at the Facility except that Lessee agrees to pay City $45/month toward electrical usage. E. Voting Accommodations. This facility is a polling location for a variety of public elections. Any and all requirements, schedules, and demands by the relative agency conducting the election must be observed by the Lessee with no exception, at no cost to the agency. F. Insurance. Lessee must secure and maintain at Lessee's expense during the term of Agreement, a Commercial General Liability insurance policy with the limits and requirements shown on the attached and incorporated Exhibit C. The Certificate of Insurance must be sent to Director and a copy of City's Risk Manager and must provide 30 days written notice of cancellation, intent to not renew or material change of any coverage required herein. Association will provide copies of all insurance policies to the City Attorney upon City Manager's written request. Lessee is responsible for providing insurance coverage for any and all equipment stored at the facility, to include any improvements made by Lessee to the Facility. It may, at its discretion, wish to protect its equipment from theft or damage. The City will not be responsible for any damage or loss whatsoever to or of Lessee equipment. Lessee cannot begin operation under this Lease until it provides a certificate(s) of insurance for all required insurance to the Director. 5. City Responsibilities. A. Capital Improvements. City may, from time to time, and in City's sole discretion, undertake capital improvements to the Facility. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the dates in which Lessee shall be required to vacate the Facility, should the Director deem this necessary. Lessee agrees that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Facility for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Facility. Capital improvements which City determines are needed will be funded by City at its discretion. City has no obligation for repair or maintenance to the facilities. B. Contract Person/Lease Administrator. For this Lease, City's contact person and lease administrator is the Director of Parks and Recreation. 6.. Default. The following will constitute events of default: Gulf Coast Gem and Mineral Society 2 A. Failure to maintain any item set out in Section 3 and 4. B. Failure to maintain any insurance required by City. C. Failure to keep, perform, and observe all other promises, covenants, and conditions contained in this Lease. D. Lessee will be notified in writing of any default and will have 15 days to cure the default. If said default is not cured within 15 days of receipt of written notice of default, Director may provide Lessee with written notice of termination of this Lease effective upon receipt of said termination notice. 7. Concession. Food/drink concession and retail sales operations by Lessee are strictly prohibited. 8. Laws. Lessee shall comply with all applicable laws, ordinances, regulations and rules of the Federal, State, County, and City governments which may be applicable to its operations at the Facility and its performance under this agreement. This Lease is also subject to applicable provisions of the City Charter. 9. Alterations. Lessee will not make any additions or alterations to the Facility without Director's prior written consent. Any permanent additions or alterations made by Lessee will become the property of City at the expiration of this Lease. 10. Relationship. This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party are not, nor construed to be, the employees or agents of the other party for any purpose whatsoever. 11. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee, its officers, members, employees, representatives, and agents (collectively, "Indemnitors") covenant to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees ("Indemnitees")from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of injury or damage, including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with Lessee's use of the Premises and all activities associated therewith pursuant to this Lease, regardless of whether such injuries, death, or damages are caused, or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not if caused by the sole negligence of Indemnitees unmixed with the fault of any other person or entity. Lessee covenants and agrees that it City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee Gulf Coast Gem and Mineral Society 3 relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. 12. Assignment. This Lease may not be assigned nor sublet without the prior written approval of the Director of Parks and Recreation. 13. Nondiscrimination. Lessee covenants that all its members and guests will be treated equally without regard to their race, religion, national origin, sex, age, or disability and in compliance with all federal and state laws prohibiting discrimination in employment. 14. Cancellation. This Lease may be canceled without cause by either party if the party canceling has given the other party 45 days prior written notice of the date of cancellation. 15. Notice. All notices which may or are required to be sent under this Lease must be sent by certified mail or hand delivered as follows: If to City: City of Corpus Christi Park and Recreation Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Director of Park and Recreation (361) 826-3464 If to Lessee: Gulf Coast Gem and Mineral Society P.O. Box 60781 Corpus Christi, Texas 78466 Attention: Current President (361) 883-1908 http:llwww.gcoms.orq Either party may change the address to which notice is sent by using a method set out above. Lessee will notify City of any address change within 30 days after the address is changed. 16. Waiver. Any waiver by the parties of a breach of any covenants, terms, obligations or events of default is not a waiver of any subsequent breach, nor does the Gulf Coast Gem and Mineral Society 4 failure to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. 17. Modifications. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign agreements on behalf of each party. 18. Inspection. Any officer or authorized employee of City may enter upon Facility at all reasonable times and without notice, to determine whether Lessee is performing in accordance with the terms of this Lease or for any purpose incidental to City's retained rights of Facility. 19. Signs. Lessee must not post signs or advertising at Facility without the Director's prior written approval. 20. Surrender. Upon expiration or cancellation of this Lease, Lessee must return Facility to City in reasonably good condition, ordinary wear and tear excepted. 21. Publication. Lessee agrees to pay the costs of newspaper publication of this Lease and related Ordinance as required by the City Charter. SIGNED IN DUPLICATE THIS day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Ronald L. Olson, City Manager Legal form approved on t 2111)/{r- : By: g° Lisa Aguilar, As ant City Attorney For City Attorney Guff Coast Gem and Mineral Society 5 GULF COAST GEM AND MINERAL SOCIETY dBy: = /l/-0•1 e: ,-z, 4 Date: J..2. / o/ Guff coast Gem and Mineral Society e Exhibit A — Kiwanis Recreation Center Seagull Blvd Leased Premises w. f ap 4.1 Timan Blvd EXHIBIT B GULF COAST GEM AND MINERAL SOCIETY MAINTENANCE SCHEDULE AND RULES — 3933 Timon Blvd Section 1. Lessee shall maintain the Premises at all times during the term of this Lease in a clean and sanitary condition and, at the expiration of Lease, shall return said Premises to City in reasonably good condition, ordinary wear and tear and acts of God, excepted; and fire and flood damage or destruction, where Lessee is without fault, excepted. Section 2. If Director provides written notice to Lessee of necessary maintenance, Lessee shall have ten (10) days to complete said maintenance. If said maintenance is not completed, Director may undertake said maintenance and bill Lessee for the cost. Lessee shall pay said billed costs within thirty (30) days of receipt of invoice from City. If payment is not timely made, City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may terminate this Lease upon ten (10) days written notice. Section 3. The Director may, at any time during the term of this Lease, promulgate such additional and reasonable maintenance rules as may be necessary for the efficient and safe operation of the Premises. Director will notify Lessee, in writing, at least ten (10) days prior to the implementation of any new rule(s) under this Lease. Gull Coast Gem and Mineral society 7 EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, 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 named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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 $500,000 COMBINED SINGLE LIMIT (When applicable) LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT Property Coverage Lessee will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable when employs paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION 11 OF THIS EXHIBIT $500,000/$500,0001$500,000 Gulf Coast Gem and Mineral Society 8 C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management and Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract Gulf Coast Gem and Mineral Society with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this 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 Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Gulf Coast Gem and Mineral Society 10 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: 12/15/2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Ordinance authorizing acceptance and appropriation of a Senior Companion Program (SCP) grant award for FY15-16 and City matching funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 State grant awarded by the Corporation for National and Community Service for the Senior Companion Program; appropriating the $5,756 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants fund. PURPOSE: Appropriation and acceptance of grant funding, along with the transfer and appropriation of City matching funds to allow for the continuation of the Senior Companion Program (SCP). BACKGROUND AND FINDINGS: The City of Corpus Christi receives funding for the Senior Companion Program through Federal, State and matching funds. The Federal Grant, in the amount of $324,067(made available through the Corporation for National and Community Services), was previously appropriated. In addition, the Corporation for National Community Services distributes State funding that is designated for the day- to-day operations of the Senior Companion Program. A grant in the amount of $5,756 has been awarded for our FY2015-2016 program year. The Senior Companion Program (SCP) allows low-income volunteers 55 years and over, who are willing to become Senior Companions, serve homebound elderly and/or disabled persons 21 years of age or older. Senior Companions also provide respite services to caregivers who are caring for their loved ones at home. Many of the caregivers provide around the clock care. The respite service allows them to run errands, care for their families and get a few hours of well-deserved rest. ALTERNATIVES: Reject the grant award, which will create a budget shortfall. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: x 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 (Transfer) $76,903 $76,903 This item (Grant) $ 5,756 $ 5,756 BALANCE $82,659 $82,659 Fund(s): Parks and Recreation Grant Fund Comments: State Grant Funds FY15-16. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and Community Services for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 State grant awarded by the Corporation for National and Community Service for the Senior Companion Program; appropriating the $5,756 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $5,756 State grant awarded by the Corporation for National and Community Service for the Senior Companion Program. SECTION 2. That the $5,756 State grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. SECTION 3. That $76,903 is transferred from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program. SECTION 4. That $76,903 is appropriated in the No. 1067 Parks and Recreation Grant Fund. 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 Notice of Grant Award Senior Companion Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 EIN: 746000574 DUNS: 069457786 Award Information Agreement No.: 15SCWTX007 Performance Period: 09/01/2015 - 08/31/2017 Amendment No.: 1 Budget Period: 09/01/2015 - 08/31/2016 CFDA No.: 94.016 Grant Year: 1 Award Description Award State Funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22) using money appropriated by the State of Texas. Funding Information Year 1 Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $0 $5,756 $5,756 Grantee's Unobligated Balance (Carryover) $0 $0 $0 Total Available $0 $5,756 $5,756 Cumulative Funding for Project Period Total Awarded in Previous Amendments Total CNCS Funds Awarded to Date $0 $5,756 Funding Source and Amount 2016 --OPE 1 -Q52 -OPO -22413-4101 $5,756.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 7/28/15. By accepting these funds, your organization agrees and accepts that: 1) You will make the final financial status report available for review by the Corporation for National and Community Service within 60 days of the end of each Texas Fiscal Year covered by this Agreement. The Texas Fiscal Year is from September 1 to August 31. 2) The State of Texas auditor, under the direction of the Legislative Audit Committee, has the authority to conduct an audit or investigation in connection with these funds; and 3) Under the direction of the Legislative Audit Committee, a project that is the subject of an audit or investigation by the State of Texas auditor must provide the auditor with access to any information the auditor considers relevant to the investigation or audit. 4) The grantee shall be entitled to reimbursement for costs incurred on or after September 1, 2015 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Page 1 For Official Use Only For Official Use Only Notice of Grant Award Senior Companion Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 E1N: 746000574 DUNS: 069457786 Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://egrants.cns.gov/termsandconditions/GeneralTermsandConditions20150403.pdf, and the Program Terms and Conditions found at https://egrants.cns.gov/termsandconditions/TexasStateTandC_FGP-SCP20150825.pdf. Recipient also agrees to comply with assurances and certifications made in the grant application, and applicable federal statutes, regulations and guidelines. Recipient agrees to administer the grant in accordance with the approved grant application, budgets, supporting documents, and all other representations made in support of the approved grant application. Corporation for National and Community Service: 10/29/2015 Signature Award Date Keisa Thompson Senior Grants Officer City of Corpus Christi Legal Applicant Debbie Crites Project Director Keisa Thompson, 215-964-6334 Becky Perrin Grants Officer Certifying Official/Executive Officer Benjamin Alamprese, 512-391-2944 Program Officer Page 2 For Official Use Only AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Closing a utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision CAPTION: Ordinance abandoning and vacating a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision, located south of Park Road 22 public street right-of-way; and requiring the owner, Valtex Investments, LLC, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for Valtex Investments, LLC to construct a new residential home on the lot. BACKGROUND AND FINDINGS: Valtex Investments, LLC (Owner) is requesting the abandonment and vacation of a 1,687.50 - square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision, located south of Park Road 22 public street right- of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the construction of a new residential home. Staff recommends the Owner pay a one-time fair market value fee in accordance with City Code of Ordinance Section 49-13. The Owner will not 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. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the 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 $3430.00 $3430.00 BALANCE $3430.00 $3430.00 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. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. In exchange for the City's grant of the easement closure the Owner agrees to provide the City with a one-time payment of $3,430.00 LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Map Ordinance abandoning and vacating a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision, located south of Park Road 22 and north of Whitecap Boulevard; and requiring the owner, Valtex Investments, LLC to comply with the specified conditions. WHEREAS, Valtex Investments, LLC (Owner) is requesting the abandonment and vacation of a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision located south of Park Road 22 and north of Whitecap Boulevard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,687.50 -square foot portion of an existing 15 -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 Valtex Investments, LLC ("Owner"), a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of Lot 39A, Block 72, Padre Island - Corpus Christi Subdivision located south of Park Road 22 public street right-of-way, as recorded in document number 2015027674 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, "Exhibit B", which is the Survey, and "Exhibit C", which is the location map, 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 within 180 days of City Council approval. a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. In exchange for the City's grant of the easement closure the Owner agrees to provide the City with a one-time payment of $3430.00. 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 STATE OF TEXAS JOB NO. 15-4216 COUNTY OF NUECES EXHIBIT A 1,687.50 SQUARE FEET EASEMENT CLOSURE ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lot 39A, Block 72, Padre Island -Corpus Christi, Section No. 2 as recorded in Volume 35, Page 1 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: COMMENCING at a 5/8 inch iron rod found for the West corner of said Lot 39A, same lying in the Northeast right-of-way margin of Keel Avenue; THENCE, along said Northeast right-of-way margin of Keel Avenue, SOUTH 63 degrees 57 minutes 33 seconds EAST 70.50 feet to the point of beginning and the Southwest corner of the existing 15 foot utility easement; THENCE, along the Northwest boundary line of said existing 15 foot utility easement, NORTH 26 seconds 02 minutes 27 seconds EAST 112.50 feet to a point for the Northwest corner of this tract, same lying in the Southwest boundary line of a 7.5 foot utility easement along the Northeast boundary line of said Lot 39A; THENCE, along said Southwest boundary line of the 7.5 foot utility easement, SOUTH 63 degrees 57 minutes 33 seconds EAST 15.00 feet to a point for the Northeast corner of this tract, same lying in the Southeast boundary line of said 15 foot utility easement; THENCE, along said Southwest boundary line of the 15 foot utility easement, SOUTH 26 degrees 02 minutes 27 seconds WEST 112.50 feet to a point for the Southeast corner of this tract, same lying in said Northeast right-of-way margin of Keel Avenue; THENCE, along said Northeast right-of-way margin of Keel Avenue, NORTH 63 degrees 57 minutes 33 seconds WEST 15.00 feet to the point of beginning and containing 1,687.50 square feet of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition II Land Survey. Dated this the _22nd day of September , 2015. Ronald A. Voss, Registered Professional and Surveyor No.2293 CURB B.M." ELEV. = 7.69' LOT 38 (N 26° 11' 39" E 119.99') EN 26° 02' 27" E 120.00'] EXHIBIT B P.O.B. co LOT 39A N 26° 02' 27" E 112.50' \ - 15' S 26° 02' 27" W 112.50' 1,687.50 S.F:- LOT 43-A o co (1(2 00 .-- N— W Ili co CV CO CD 1-- -6-) 1.0 o 0 C,C2. SET 5/8" I R [R= 10.00', LA= 5.24'] / SET 5/8' I R —.. ____ LC=(S 11° 10' 57" W 5.18') / [S 26° 02' 27" W 17.321 i (S 26° 11' 38" W 17.32') AQUARIUS STREET [R= 10.00', LA= 15.71'] (70' R.O.W.) LC=(S 71° 14' 59" W 14.32') Exhibit "B" NOTES: (1.) Found 5/8" I.R. @ all lot comers unless noted otherwise. I, Ronald A. Voss, a Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property shown hereon under my direction and supervision: that it is my knowledge and belief; that there are no apparent encroachments or overlapping of improvements with the deed lines except as shown hereon. This Survey was performed without the benefit of a Title Policy or Title Opinion, c,\STE/i. .. PT. ... ...DA.2293 ..... .-* . .. • SCALE: 1" = 20' This property lies within Zone A-18(10'), according to FIRM 92 which is within the 100 year Flood Plain. NOT VALID WITHOUT ORIGINAL SIGNATURE AND ORIGINAL SEAL. Registered Professional Land Surveyor State of Texas No. 2293 DATE: 09/24/2015 REVISION: CREW: RS & DL OFFICE: GF#: RV & RG J08#: 15-4216 KEY: WOOD FENCE [RECORDED] WIRE FENCE (MEASURED) --V PPM/ 1,687.50 S.F. Easement Of Lot 39A, Block 72, Padre Island -Corpus Christi, Section No. 2 Volume 35, Page 1 (M.R.N.C.T.) Corpus Christi, Nueces County, Texas VOSS ENGINEERING, INC. ENGINEERING & LAND SURVEYING 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78415 PHONE: 361.854.6202 FAX: 361.853.4696 Exhibit C UTILITY EASEMENT CLOSURE - PADRE ISLAND SECTION 2 BLK 72 LT 39A EASEMENT CLOSURE PADRE ISLAND NpnRTpASS S[,NTAry J VCRIPCMAR U JACKPSH cuTUSS Aerial Overview 1 Aerial AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of January 12, 2016 Second Reading Ordinance for the City Council Meeting of January 19, 2016 DATE: 12/15/2015 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approving Agreement and appropriating funds to reimburse developer for the construction of a 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 JCL Properties, ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $40,766.50 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: JCL Properties, is required to install 1,114 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed Lewis & Cook Addition, Block 1, Lot 1 commercial site. The subdivision is located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), JCL Properties, is requesting a Reimbursement Agreement for the development of Lewis & Cook Addition, Block 1, Lot 1 as shown on the final plat. The subdivision is located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road. The development requires the extension of 1,114 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 within the ordinance. The 12 -inch waterline is eligible for oversize reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 16 -inch water arterial grid main along Agnes Street (State Highway 44). However, the City is requesting the size of the waterline to be 12 -inches. 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 oversizing from a 6 -inch and 8 -inch to a 12 -inch water arterial grid main with participation is $443,994.00 and $403,227.50 without oversizing participation. The difference between 6 -inch and 8 -inch to a 12 -inch is $40,766.50. 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 Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,949,610.16 Encumbered / $ Expended Amount 887,250.71 This item $40,766.50 BALANCE $1,021,592.95 Fund(s): Water Arterial Transmission Grid Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH JCL PROPERTIES, ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $40,766.50 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 JCL Properties, ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Lewis & Cook Addition, Block 1, Lot 1, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $40,766.50 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 JCL Properties, a Texas General Partnership ("Developer "), P.O. Box 4868, Bryan, Texas 77805. 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 Lewis & Cook Addition, Block 1, Lot 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Lewis & Cook Addition, Block 1, Lot 1, 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 fire hydrant on Agnes Street (State Highway 44) located on the south side of Agnes Street (State Highway 44) for a distance of 1,114 linear feet in order to extend water grid main along Agnes Street (State Highway 44) to Buckholt Road and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Holly Road for a distance of 1,114 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 1,114 linear feet of 12 -inch PVC waterline pipe. 2. Install 1,900 linear feet of 8 -inch PVC waterline pipe. 3. Install 109 linear feet of 6 -inch PVC waterline pipe. 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. 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 January 19, 2017. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 2 of 10 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 January 19, 2017. 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. 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. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 3 of 10 d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 4 of 10 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: Craig J. Lewis General Partner JCL Properties P.O. Box 4868 Bryan, Texas 77805 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. 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 Arterial Tran and Grid Main Reimb Agrnt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 5 of 10 exceed $40,766.00, 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 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 15 CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 6 of 10 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 (l) 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, Lewis & Cook Addition, Block 1, Lot 1, 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. 19. DISCLOSURE OF OWNERSHIP INTERESTS Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 7 of 10 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 , 2016. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 8 of 10 Developer Craig J. Lewis, Partner JCL Properties P.O. Box 4868 Bryan, Texas 77805 By. .oi Afrip ner Crai Ge THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Crai J. Lewis, Partner, for JCL Properties, and acknowledged before me on the day of 2015. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 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 2016. 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 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This 7-1 day of , 2015. Julian Grant, henior Assistant City Attorney For the City Attorney Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Pagel() of 10 APPLICATION FOR WATERLINE REIMBURSEMENT We, JCL Properties, a Texas General Partnership, P. O. Box 4868, Bryan, TX 77805, owners and developers of proposed Lewis & Cook Addition (Block One, Lot 1), Corpus Christi, Texas, hereby request reimbursement of $40,766.50 for the installation of the water line, in conjunction with said lot, as provided for by City Ordinance No. 17092. $440,310.16 is the construction cost, including 10% Engineering and Surveying, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. Craig JCL //,3 /$ , Managing Partner Date les THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on (overr.ber 13 2015, by arc," J. Lech s (Name), /7&4 a j ►n1 gdrw r (Title), of JCL Properties, a Texas General Partnership, on behalf of the said company. CERTIFICATION Notary Public in and for the State of Texas 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 Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. evelopment Services Engineer (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATERLINE CREDIT We, JCL Properties, a Texas General Partnership, P. O. Box 4868, Bryan, TX 77805, Craig J. Lewis of proposed Lewis & Cook Addition (Block One, Lot 1) Corpus Christi, Texas, hereby apply for $ 3,683.84 credit towards the water lot/acreage fee for the installation of the water type of line as provided for by City Ordinance No. 17092. $443,994.00 is the construction cost, including 10 % Engineering and Surveying, as shown by the cost supporting documents attached herewith. Craig i .F- is, Managing Partner Da e JCLP ••- les THE STATE OF TEXAS § COUNTY OF )ra,Zos § This instrum nt was ac nowledged before me on ic�ve.,--iae r I3-- 2015, by Lrcr • Lam, r,� (Name), fl1tr,05 r nq PArf,►Qr - (Title), of JCL Properties -fa Texas General Partnership, on behalf of the said company. KAREN S. ROBINSON Notary Public. State al Texas My Carrnissian Expires JUNE 21,2018 s. tea (-11.--1.--zemi-- Notary Public in and for the State of Texas Exhibit 2 Page 2 of 2 PROPOSED {� CONSTRUCTION PLANS th NONE LEES tt COOK AMON LOT I __- - ---. Ars surZI 1 rem 00331 MO I . -13010 tet -Er .rem 13/12 tar PREPARED 1CI. PROPERTIES ES P.O. BOX 4868 BRYAN, 7X 77805 OFF: (979)776-8245 FAX: (979)774-3003 EMAIL: CRAIO@RECIND.COM PREPARED BY: RME CONSULTING ENGINEERS 3800 S.H. No. 6 SOUTH, Sib 1000 <17845> P.O. BOX 3233 COLLEGE STATION, TEXAS 77842 PH: (979) 764-0704 FX: (979)764.0704 EMAIL: civil®emalsine r.com FOR THE LEWIS & COOK ADDITION LOT 1, BLOCK ONE UTILITY IMPROVEMENTS CORPUS cfnuszz, NUECES COUNTY, TEXAS ISSUED FOR CONSTRUCTION - 7/28/15 1 1/1 /0 r 0. THE STATE OF TEXAS .It RADON A. METCALF, P.E. No. 88583 RMA CONSULTING ENGINEERS TEXAS FIRM REGISTRATION No. F-4695 41.3054412 S I .5r. t ll >�1w/as .0 I1..n +1C+0 t3 /mg ..e$ 1a mums.301.10 12138 13.1013 1301 *1013128 13.E 5pa..rt3 .+..l off .r1 v- V I0 W .1 MM. rotC 1..1.....1 .5.11 -.ALMS . K,OO.OII 4612, Im3 134... • 03.60. I.:f..•tt 041.1 b 060 00.0 001135 ftl 000 30551 ..•6000. r .1.1. 1.01 a 066.60...+ m+4g6 61 0.-44.4011.11 41 013./.x.1¢ avowsMAI 101 - 40...45 ®...0 w 044.1..1 - r Kan . Sr1cr.. 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' V is a Ci m N sail m WATER LINE -W2 — PUSN�ROf I.E STA. 5+40 to EN 1.1 LEMS & COOK ADDITION LOT 1. BLOCK ONE CORPUS CNRSS11, TEXAS in..n 0n .ter =MT. OS MT. T.1onr ilbsi pit - #! m x W LQ CD 03 0 03 iA F.4 gimp og, ?t ;1 Iia 3. PIN lila I N41i1= §•xg a la a• i' - Isia �- . - 141:11 r 1�: 4,IM isaiz ,i.x ix, j„I 911 9s ii Q1 6 gx�x aQ i 0 x = :;' gi 414 i 11 a4 '•Ed7'1 ii 1. i ill ilt-� I i :� Isi a ktila ill b_ i .a i Qy y x4IP;8 a ./1.11i.� Ai �__! . x ` a��Ei a lig1� I° ¢ -. x 1x;affix $•41ix @i ow 1 ci 91a 1 2g x s Iligj 1 1 ail a i1! i y 6 #is ° 3° r 13 5 a `�1 a iiiii coCa Rn of Iao a a Iza..211 4.41.1 cu,.i rr;:t., ,.'”" .ei 00.1.19 us we 1 111A! IJISCELLANEDUS DETAILS LEw4S ac COOK ADDLnON LOT 1. BLOCK ONE CORPUS CHRIS 1. TEXAS n MAWS Cn 111 tW{ 411 „3 ; r a s . s 9 la ; A !Isis ssir i l i i i iii I i ; t 1a 1 P is is is is .. x111 q _ - Ell , , .. • . ... ..7 7 Tan � 1 : : : : : : : : : : id x ENGINEER'S COST ESTIMATE wIPARTICIPATION LEWIS & COOK ADDITION WATER LINE IMPROVEMENTS CORPUS CHRISTI, NUECES COUNTY, TEXAS GENERAL CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT COST COST GENERAL CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS $12,742.00 $12,742.00 2 Traffic Control Measures 1 LS $8,990.00 $8,990.00 3 Hydro -Seeding (All Disturbed Areas) 1 LS $6,450.00 $6,450.00 4 Miscellaneous Erosion Control Measures (i.e. Filter Fence, Bar -Ditch Protection, etc...) 1 LS $3,200.00 $3,200.00 5 Gravel Patch for Existing Driveway 23 SY $50.00 $1,150.00 6 Road Bore (Wet) w118" Steel Casing (Sch 40) 75 LF $225.00 $16,875.00 SUB -TOTAL = $49,407.00 WATER LINE IMPROVEMENTS 7 12" PVC Water Line (C900, DR14) 831 LF $82.00 $68,142.00 8 12" PVC Water Line (CertaLok C900, DR14) wlCasing Spacers & End Seals 283 LF $82.00 $23,206.00 9 8" PVC Water Line (C900, DR14) 1631 LF $76.00 $123,956.00 10 8" PVC Water Line (CertaLok: C900, DR14) w/Casing Spacers & End Seals 269 LF $72.00 $19,368A0 11 6" PVC Water Line (C900, DR14) 109 LF $72.00. $7,848.00 12 Non -Structural Backfill Installation (All Water Line Sizes) 2474 LF $5.00 $12,370.00 13 Structural Backfill Installation (All Water Line Sizes) 97 LF $11.00 $1,067.00 14 Tie into Existing Water Line 2 EA $1,085.00 $2,170.00 C01 -157-0513-E05 Exhibit 4 Page 1 (*.I.& 3 ENGINEER'S COST ESTIMATE w/PARTICIPATION 15 Standard Fire Hydrant Assembly 8 EA $4,865.00 $38,920.00 16 12" (MJ) Gate Valve & Box 11 EA $2,300.00 $25,300.00 17 8" (MJ) Gate Valve & Box 10 EA $1,529.00 $15,290.00 18 6" (MJ) Gate Valve & Box 9 EA $1,030.00 $9,270.00 19 12" x 12" (MJ) Cross 1 EA $2,500.00 $2,500.00 20 12" x 12" (MJ) Tee 3 EA $2,000.00 $6,000.00 21 12" x 8" (MJ) Tee 1 EA $1,500.00 $1,500.00 22 8" x 8" (MJ) Cross 1 EA $1,450.00 $1,450.00 23 12" x 6" (MJ) Tee 3 EA $1,700.00 $5,100.00 24 8" x 8" (MJ) Tee 1 EA $1,250.00 31,250.00 25 8" x 6" (MJ) Tee 3 EA $1,090.00 $3,270.00 26 12" x 8" (MJ) Reducer 2 EA $1,500.00 $3,000.00 27 8" x 6" (MJ) Reducer 2 EA $770.00 $1,540.00 28 12" (MJ) 45 deg Bend 4 EA $1,450.00 $5,800.00 29 1 EA $1,300.00 $1,300.00 12" (MJ) 22.5 deg Bend 30 12" (MJ) 11.25 deg Bend 2 EA $1,200.00 $2,400.00 31 8" (MJ) 45 deg Bend 6 EA $835.00 $5,010.00 CD1-157-0513-E05 Exhibit 4 Page 2 of2$f 3 ENGINEER'S COST ESTIMATE w/PARTICIPATION 32 8" (MJ) 22.5 deg Bend 2 EA $610.00 $1,220.00 33 8" (MJ) 11.25 deg Bend 2 EA $575.00 $1,150.00 34 6" (MJ) 22.5 deg Bend 1 EA $450.00 $450.00 35 12" (MJ) Plug 2 EA $800.00 $1,600.00 36 8" (MJ) Plug 2 EA $350.00 $700.00 37 2" Service Tap & Meters 1 LS $2,440.00 $2,440.00 1 SUB -TOTAL = ESTIMATED CONSTRUCTION COST = 10% CONTINGENCY = GRAND TOTAL = $394,587.00 $443,994.00 $44,399.40 $488,393.40 RME Consulting Engineers TEXAS FIRM REGISTRATION No. F-4695 POST OFFICE BOX 9253 COLLEGE STATION, TEXAS 77842 OFF/FAX: (979) 764-0704 E-mail: civil@rmengineer.com Estimates and projections prepared by RME Consulting Engineers relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results arc based on this office's experience, qualifications and judgment as a design professional, Since RME has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction contractor's procedures and methods, unavoidable delays, construction contractor's methods of determining prices. economic conditions, competitive bidding or market conditions and other factors affecting such estimates or projections, this office does not guarantee that actual rates, costs, performance, schedules, etc., will not vary from estimates and projections prepared by the Engineer of record. CD1-157-0513-E05 Exhibit 4 Page 3 of $f 3 Lewis & Cook Addition Water Line Reimbursement Improvements Corpus Christi, Nueces County, Texas Quantity Unit Unit Cost Total Cost 12" PVC Waterline (All types) 1,114 LF $ 398.56 $ 443,994.00 8" PVC Waterline (Ali types) 1,900 LF $ 212.23 $ (403,227.50) TOTAL $ 40,75650 Total Waterline cost with 10 % engineering Water Lot/Acreage Fee Total Waterline cost Total onsite waterline cost Total Oversize and Reimburseable waterline amount from the CITY $ 443,994.00 $ 3,683.84 $ 440,310.16 $ 399,544.15 $ 40,766.50 Exhibit 4 Page 4 of 4 INSURANCE REOUIREMENTS 1. 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 11 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 Tess 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 (36I) 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 Corpus =Christi a.v.... DISCLOSURE OF INTERESTS City orCorpus Christi, Texas Depanme t or Development Services P O pox 9277 Corpus Christi, Texas 78469-9277 (361)826-3240 Located al 2406 Leopard Street (Cosner 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 'ng information. Every question must be answered. If thstion is not applicable, answer' 1b - NAME: v 5.11 l.`_' T • ' -Lies s Q .1�c4.1�� ''i L—fhr\pj- STREET: a i lag 11K -.A CITY: 1 ZIP: �`-t FIRM is: ❑ Corporation ® Partne ❑Sale Owner ■►J Association ❑Other �� �, L��lg� _ DISCLOSURE QUESTIONS e! T)( i- s B If additional space is necessary, please use the reverse side of this page or attacl 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". Named VA 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 WA 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 NAA - Consultant 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 . r . • itted to the City of Corpus Christi, Texa . i . nges occur. Certifying Person: (1, A . y Signature of Certifying Person: PIN r,/ K IDEVELOPMENTSVCSI.SHARED\LAND DEVELOPMENT STATEMENT1.27 12. DOC (Print) Trtle: Date: MINISTRATIOMAPPLICATION FORM.STORMS AS PER IEGAL520121DISCLOSt1RE OF INTERESTS Page 1 of 2 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 \DEV ELOPMENTSVCS\SHAREDV-AND DEVELOPMENTIORDINANCE ADMINISTRATIOMAPPLJCATION FORMSIFORMS AS PER LEOALl20121DISCLOSURE OF INTERESTS STAT>:MENT1 27 RDOG Exhibit 6 Page 2 of 2 Vicinity Map LEWIS & COOK VICINITY MAP A 1 Aerial Overview LEWIS & COOK AERIAL OVERVIEW MAP t N 2 Aerial AERIAL MAP LEWIS & COOK 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2015 Second Reading Ordinance for the City Council Meeting of January 19, 2016 DATE: TO: November 13, 2015 Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 Jeff Edmonds, Director of Engineering Services JeffE@cctexas.com (361) 826-3851 Commercial Land Lease Renewal Agreement with BBC Capital, Ltd. CAPTION: Ordinance authorizing the City Manager, or designee, to execute a Commercial Land Lease Renewal Agreement with BBC Capital, Ltd., for a 1.068 -acre tract of land and a 0.20 -acre tract of City owned land for use in their recreational vehicle park called Puerto del Sol RV Park, located at the northern end of North Beach at 5100 Timon Boulevard, for the monthly fee of $572.00 per month for a second five year term beginning January 1, 2016 and ending December 31, 2020. PURPOSE: The Ordinance permits the City and BBC Capital, Ltd. to renew the existing commercial land lease which expires December 31, 2015 and enter into the second of four five-year terms. All terms and conditions of the original lease remain the same. The rental fee increases from $550 to 572 per month as per the original lease agreement. Approval of lease agreements of City land in excess of twelve months requires City Council approval. BACKGROUND AND FINDINGS: In September 1970, the City of Corpus Christi entered into a five year lease agreement with Edward E. Hogan for two tracts of City owned land containing a total of 1.268 acres as shown on the attached City Council Exhibit. Tract 1 consisted of 1.068 acres of abandoned railroad right-of-way which later became Timon Boulevard. Tract 2 consisted of 0.20 acres out of Lot 7, Block 414, Brooklyn Addition. Both tracts were vacant and not utilized by the City at the time. These properties were not assigned to any particular City department and were considered unused City right-of-way. Mr. Hogan simultaneously entered into another lease with Guaranty National Bank and Trust for 2.055 acres adjacent to both City tracts. The 2.055 acres and the City's 1.068 acres were combined and developed into what was known as the Fiesta del Sol RV park at the northernmost point of North Beach. The City's lease with Mr. Hogan, which was renewable by mutual agreement of the parties, continued at a monthly rental fee of $85.00 per month. On September 16, 1986, the City Council approved a new lease agreement with Fiesta del Sol, Inc. for the same two tracts. The lease was for a four (4) year term at the monthly rental fee of $400.00 per month. This lease expired on September 15, 1990. At that time, Mr. Hogan sold his interest in the park to Mr. Ernest C. Sims. Mr. Sims continued his lease with the City on a month-to-month basis at the rental rate of $450.00 per month based on the terms and conditions of the lease with Mr. Hogan. The 2.055 -acre property, which comprises the main area of the RV park, was purchased by BBC Capital, Ltd. (BBC) in 2006. The RV park continued to be operated under the lease with Mr. Sims at the monthly rate of $450.00. In 2010, BBC took over the operation of the RV park as Puerto del Sol RV Park and requested that the City enter into a new lease agreement with them for twenty (20) years comprised of four consecutive five-year terms. On January 11, 2011, City Council approved Ordinance No. 028914 allowing the City and BBC to enter into the initial five year lease agreement. As per the lease, each renewal of a new five year term would require City Council approval. City staff negotiated a monthly fee of $550 per month for the first five years based on the land value of the City's 1.27 acres at $110,000.00 in 2011. The monthly fee will escalate by 4% at the beginning of each subsequent five-year term. A termination provision is included in the lease in which the City can terminate the lease without cause, at any time, upon providing BBC Capital a 120 day written notice. The terms and provisions of the lease are included in the attached original Commercial Land Lease Agreement. BBC Capital has submitted a written request to enter into the second five year term at the new rental rate of $572.00 per month. Approval of lease agreements of City land in excess of twelve months requires City Council approval. ALTERNATIVES: 1) Disapprove the Ordinance and terminate the lease agreement. City will have to maintain the area. 2) Passage of the Ordinance to continue leasing the unused acreage and receiving the monthly revenue. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City policy for lease renewal agreements EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Department 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: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: City Council Exhibit Ordinance Commercial Land Lease Ordinance authorizing the City Manager, or designee, to execute a Commercial Land Lease Renewal Agreement with BBC Capital, Ltd., for a 1.068 -acre tract of land and a 0.20 -acre tract of City owned land for use in their recreational vehicle park called Puerto del Sol RV Park, located at the northern end of North Beach at 5100 Timon Boulevard, for the monthly fee of $572.00 per month for a second five year term beginning January 1, 2016 and ending December 31, 2020. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a five-year ground lease with BBC Capital, Ltd. for 1.068 -acre tract and 0.20 -acre tract of land located at the northern end of North Beach at 5100 Timon Boulevard, to be used by BBC Capital, Ltd. in their recreational vehicle park called Puertodel Sol RV Park, and approving the cash rental fee of $572 per month for the five-year term of January 1, 2016 to December 31, 2020. SECTION 2. This ordinance is effective upon final approval by the City Council, in compliance with the City Charter of the City of Corpus Christi. SECTION 3. If for any reason, any section, paragraph, subdivision, clause, phrase or word of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase or word of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase or word of this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor COMMERCIAL LAND LEASE RENEWAL AGREEMENT BBC Capital, Ltd. (1st Renewal) WHEREAS, the City of Corpus Christi ("City") and BBC Capital, Ltd. ("Lessee") entered into a Commercial Land Lease, authorized by Ordinance No. 028914 on January 11, 2011, to allow the operation of a Recreational Vehicle (RV) and Travel Trailer park and other related activities normal and customary to the business on City owned land described as Tract I, containing 1.068 acres of land more or less, and Tract II, containing .20 acres of land more or less, situated in Corpus Christi, Nueces County, Texas, for a period of five (5) years beginning on January 1, 2011, renewable for three (3) more terms of five (5) years each; and WHEREAS, the first five (5) year term expires on December 31, 2015, and Lessee has requested in writing to renew the Commercial Land Lease for another five (5) years under the renewal clause; NOW, THERgFORE, the Commercial Land Lease between the City and the Lessee authorized by Ordinance No. 028914, is renewed for an additional five (5) years for the term of January 1, 2016, to December 31, 2020 at a new rental rate of $572.00 per month, with all other conditions and requirements of the Lease remaining unchanged. EXECUTED IN DUPLICATE ORIGINALS this day of , 2015 by the authorized representatives of the parties. ATTEST: CITY OF CORPUS CHRISTI By: Rebecca Huerta Valerie H. Gray, P.E. City Secretary Executive Director of Public Works THE STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowleclged before me on , 2015 by Valerie H. Gray, P.E., as Executive Director of Public Works, on behalf of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public in and for the State of Texas Page 1 of 2 APPROVED AS TO FORM: This _/ day of Van , 2015 Bv. net L. Kellogg Assistant City Attorney For City Attorney LESSEE: BBC CAPITAL, LTD. By:4,1-09-) Print: 13,1 - czL ._, i t, Title: r2 2 On behalf of BBC Capital Management, LLC., Its General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument wascknowledged beforqme on , 2015 by E & JCA_ as Pik & A , of BBC Capital Management, LLC, a Texas limited liability company, as General Partner of BBC Capital, Ltd., a Texas limited partnership, on behalf of the limited liability partnership.. j�,+,4*R•"•...... DEANNDRA GARCIA 'S i Notary Public ; "1/411,,�• STATE OF TEXAS %.,:!!.�a .. My Comm Exp, 01.07-2019 J v v OutiviLiks, Notary Public in and for the State of Texas Page 2 of 2 Commercial Land Lease Tracts I & II North Beach, Corpus Christi, TX CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 2 Commercial Land Lease Tracts 1&II North Beach, Corpus Christi, TX CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 OF 2 910797273,Os 4 % COMMERCIAL LAND LEASE r. THE STATE OF TEXAS § ' I § KNOW ALL MEN BY THESE PR IV„R„ tion' COUNTY OF NUECES §,`' , THIS AGREEMENT, is made and entered into by and between the City of Corpus �Z Christi, a Texas home -rule municipal corporation ("City"), and BBC Capital, Ltd., with its office and principal place of business at 19 Hewit Dr., Corpus Christi, Texas 78404, ("Lessee"). APPROVED SII BY COUNCIL �+ A.) Section 1. Premises. a. In consideration of the rents in this Lease, City leases to Lessee Tract 1, containing 1.068 acres of land more or less, and Tract 11, containing .20 acres of land more or less, situated in Nueces County, Texas, as shown on the attached Exhibit A. b. This Lease is made subject to all valid oil, gas, and mineral leases; all pipeline transmission and other right-of-ways of record; all easements of record; and all restrictions and regulations set forth in the Corpus Christi Code of Ordinances affecting the property. c. Lessee assumes the sole responsibility for the entire cost and construction of any and ail improvements that it requires for the Premises. Section 2. Permitted Uses. a. The Premises may only be used for the operation of a Recreational Vehicle (RV) or Travel Trailer park and for related activities normal and customary to the business. Lessee may not use or operate nor cause, suffer, or allow all or any part of the Premises to be used: (1) As a private residence or home site. (2) By a manufactured home. (3) Occupied as a primary residence. (4) As a manufactured home community. b. The Premises must be operated as a public accommodation at all times, without any limitation and no discrimination based on age, race, religion, color, sex, disability, national origin, or other unreasonable limitation or private membership requirement, at nondiscriminatory rates, which must be prominently posted on the campground. Lessee shall comply with ail Federal, State, and local laws, rules, and regulations, including all applicable American Disability Act (ADA) requirements. c. RV's and Travel Trailers may not be permanently tied to, affixed, or anchored to the premises. Page 1 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 d. Lessee may not offer any tenant a manufactured community lease. Section 3. Term. The initial term of this License is five (5) years (the Initial Term"), commencing on the 61st day after final City Council approval and retroactive to January 1, 2011 (the "Commencement Date") and ending December 31, 2015. Provided Lessee is not then in default under this Lease, the Lessee may request renewal of the term of this Lease for up to three (3) successive renewal terms of five (5) years by Lessee notifying City at least one hundred twenty (120) days prior to expiration of the current term of the Lease that Lessee is requesting renewal. Lease renewals are subject to City Council approval under the Charter of the City of Corpus Christi. The City may terminate this Lease without cause, at anytime, upon providing Lessee with 120 days written notice. Section 4. Payment. a. The monthly payments for the entire lease term shall be due and payable without demand or notice in equal monthly installments as shown in the table below, on the first (15t) day of each month of the term, of this Lease beginning on January 1, 2011. The monthly rental amount escalates four percent (4%) at the end of each five year term. Five Year Terms Monthly Rental Amount Annual Rent 01-01-2011 to 12-31-2015 $550.00 $ 6,600.00 01-01-2016 to 12-31-2020 $572.00 $ 6,864.00 01-01-2021 to 12-31-2025 $595.00 $7,140.00 01-01-2026 to 12-31-2030 $619.00 $7,428.00 $28,032.00 b. The rental payment must be made to City at the following address: City of Corpus Christi Accounts Receivable Division P.O. Box 9277 Corpus Christi, Texas 78469-9277 Or at the address as is agreed upon in writing between the parties hereto, as set out in Section 29 below. c. Lessee is "delinquent" or "in default" if the City has not received Lessee's rental payment on or before 5:00 p.m. on the 10th day of the month following the calendar month for which the rental obligation accrues. If the 10th day falls on a weekend or a holiday, payment may be tendered on the first business day thereafter. Any payment received after the deadline stated above will be assessed a Late Fee of six Page 2 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 percent (6%) of the monthly payment. Lessee's failure to pay the amount due or provide the amount due within five (5) days after the City so requests in writing Is grounds to terminate this Lease. Section 5. Move -In Condition. Lessee has inspected the Leased Premises and accepts it in its present (as -is) condition, unless expressly noted otherwise in this Lease. City has made no express or implied warranties as to the physical or environmental condition of the Premises. Section 6. Move -out Condition. a. At the time the Lease ends, Lessee shall surrender the Premises in the same condition as when received. "Surrender" is defined as vacating the Leased Premises and returning all keys and access devices to the City. Lessee shall leave the Leased Premises in a clean condition free of all trash, debris, personal property, hazardous material, and environmental contaminants. b. If Lessee leaves any personal property in the Leased premises after Lessee surrenders possession of the Leased Premises, the City may (1) require Lessee, at Lessee's expense, to remove the personal property by providing written notice to Lessee; or (2) retain the personal property as forfeited property to the City. c. If the Lessee leaves any trash, debris, hazardous material, and environmental contaminants on the Leased Premises, the City may (1) require Lessee, at Lessee's expense, to remove the trash, debris, hazardous material, and environmental contaminants and remediate the site to the satisfaction of the City and any applicable regulatory agency by providing written notice to Lessee. d. By providing written notice to Lessee before this Lease ends, the City may require the Lessee, upon move -out and at Lessee's expense, to remove, without damage to the Leased Premises, any or all fixtures that were placed on the Leased Premises by or at the request of the Lessee. Any fixtures that the City does not require Lessee to remove become the property of the City and must be surrendered to City at the time the Lease ends. Section 7. Peaceful Enjoyment. Lessee may peacefully have, hold, and enjoy the Premises, subject to the other terms of this Lease and subject to Lessee paying the rentals in this lease recited and performing all of its covenants and agreements In this lease. Section 8. Financing. a. City recognizes that Lessee may borrow funds to construct structures or buildings, or for other purposes, secured by a first lien on security, which includes Lessee's interest in the structures and buildings and the leasehold estate for the Premises. The fee simple estate of City in the surface estate burdened by Lessee's leasehold estate may not be subject to any lien, and the lien instrument must contain the following language, or other similar language, approved by the City Attorney: Page 3 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 "Lender agrees that the lien created by this instrument is effective only as to the Leasehold estate of , as Lessee, by and between the City of Corpus Christi, as Lessor, and as Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi." b. In the event of any foreclosure by any holder of a lien or liens on the structures of buildings and the leasehold estate in the Premises, the llenholder or other purchaser at foreclosure and its successors and assigns may succeed to all rights, privileges, and duties of Lessee, including without limitation the duty to pay rent. Section 9. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, and including during any Holdover Period, which may occur. Section 10. Utilities. Lessee shall pay ail costs of all gas, electricity, water, heat, or other utilities furnished to or used by Lessee on the Premises. Section 11. Improvements. a. Lessee shall provide on the Premises good roads, drainage, sanitary sewer system, restroom facilities, electrical system, potable water system, and individual campsites to fully utilize the Premises as permitted in Section 2 of this lease and as required by all other provisions of this Lease. b. All construction and repairs on the Premises must be done under Federal, State, and local codes, laws, and regulations. c. Any physical additions or other improvements made to the Premises by Lessee, will remain Lessee's property during the duration of the lease. If Lessee is not in default upon termination of lease or move -out, Lessee may remove any improvements. Section 12. Liens and Claims, Mechanic's and Materialman's. Lessee agrees not to permit any mechanic's, materialman's, or any other lien to become attached to the Premises, or any part or parcel of the Premises, or the improvements on the Premises, by reason of any work or labor performed any mechanic, materials furnished by any materialman, or for any other reason. Section 13. Special Permit Compliance. As a condition of this lease, the Premises and entire recreational vehicle park must be in compliance at all times with the Special Permit (SP) granted to a travel trailer park on a 2.83 acre tract of land located in Brooklyn Addition, Block 414, Lots 1, 3, and 5, and the Givens Tract, plus the street right-of-way of Timon Boulevard located on the north end of Corpus Christi Beach, west of Timon Parkway (railroad right-of-way, east of Page 4 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 Highway 181, north of Hull Street to Corpus Christi Bay, in the City of Corpus Christi, Nueces County, Texas, under Ordinance No. 9909, dated September 2, 1970, which Is attached to this Lease as Exhibit B. Section 14. Maintenance and Repairs. a. Lessee shall clean, landscape, and maintain the Premises to preserve the natural terrain and growth. Lessee shall keep the Premises free from debris and refuse and must maintain the Premises in a clean and sanitary condition at all times. b. Lessee shall safely maintain the structures, buildings, and utility services and regulate their use and occupancy so that there is no hazard or danger to the persons or property on or at the Premises. Further, Lessee's use and occupancy of the structures and buildings must comply with all applicable federal, state, and local laws, rules, and regulations. If Lessee's construction, use, or maintenance of any structures or building causes any damage to the Premises, Lessee shall repair or replace the structure or building to the equivalent improvement existing prior to the damage. At lease termination and move -out, Lessee shall deliver the Premises in good order and condition. Upon termination, City has the right to reenter and resume possession of the Premises. Section 15. Inspection. a. City personnel may at all reasonable times enter upon the Premises and any building or structure on the Premises, for purposes of inspection, repair, fire, or police action, and enforcement of this Lease. Section 16. Sanitation. Lessee shall store garbage and trash in designated areas within the Premises, and must use dumpster type containers as the larger collection facilities. The containers must be housed in a small building, screened, or at appropriately landscaped area(s), at Lessee's expense. The garbage container area must be landscaped and maintained by Lessee. Lessee shall obtain garbage pickup to keep Premises free from odor and pests. Nothing may be stored outside either the dumpster itself or the dumpster housing. Section 17. Signs and Lighting. Exterior signs and lighting must meet acceptable architectural standards and be in compliance with applicable building code and zoning ordinance requirements. Section 18. Hurricane Preparedness. if the Corpus Christi area is threatened by a hurricane or some other emergency situation, Lessee shall comply with directives of the City Manager or his designee under the City's Hurricane Preparedness Plan. Page 5 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 Section 19. Non-discrimination. Lessee warrants that it is and will continue to be an equal opportunity employer and covenants that no employee or customer will be discriminated against because of race, religion, sex, age, disability, creed, color, or national origin. Violation of this provision is grounds for the City to immediately terminate this Lease. Lessee shall provide all services and activities required to comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336. Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 22. Legal Use. Lessee may not occupy or use, or permit any portion of the Premises to be occupied or used, for any business or purpose that is unlawful, deemed to be disreputable, a nuisance, or hazardous. Section 23. Assignment or Sub -Lease. a. Lessee may not, assign this Lease either in whole or In part. Any attempted assignment without the prior written consent of the City renders this Lease null and void. b. Under the City Charter of the City of Corpus Christi, and specifically Article IX of the City Charter, any assignment of this Lease requires prior approval by ordinance of the City Council. 1n the event that Lessee obtains approval to assign this Lease, and in the event this Lease is assigned under the Council's authority, then each provision, term, covenant, obligation, and condition required to be performed by Lessee will be binding upon any assignee, and is partial consideration for City's consent to the assignment. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this Lease renders this Lease null and void. Assignee may enter Into this Lease for the remainder of the term and amend the payment term to agree to pay the City a monthly "good faith" lease payment of Ten Dollars ($10). Section 24. Default. a. Default of Lessee. if Lessee fails to pay the rental due under this Lease, or defaults in performing any other term, covenant, or condition of this Lease, the City may after fifteen (15) days written notice to Lessee declare this Lease terminated, and City staff may immediately reenter the Premises and remove all persons without legal process and without prejudice to any of its other legal rights, and Lessee expressly waives (1) all claims for damages by reason of the reentry and (2) ail claims for damages due to any distress warrants or proceedings of sequestration to recover the rent or possession of the Premises from Lessee. The City may not declare this Lease terminated if, within fifteen (15) days after notice of any default, Lessee fully cures the default Page 6 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 b. The City's Risk Manager will annually assess the level and types of insurance required by the Lease. The Risk Manager can increase or decrease the level or types of insurance by giving Lessee notice not less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has 30 days to procure the changed insurance limits and provide written proof of insurance to the City. Section 32. Indemnity. a. Lessee covenants to indemnify and hold harmless City, its officers, employees, or agents ("Indemnitee") from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against City on account of injury or damage to person(s) or property to the extent any the damage or injury may be incident to, arise out of, or alleged to arise out of, or be caused, or alleged to be caused by, either proximately or remotely, wholly or In part, by an act or omission, negligence, or misconduct on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, sublessees, or invitees entering upon the Premises or the structures under this Lease with the expressed or implied invitation or permission of Lessee (collectively "Lessee's Invitee") or when any injury or damage is the result, proximate or remote, of the violation by Lessee, or Lessee's Invitee of any law, ordinance, or governmental order of any kind, or when any injury or damage may in any other way arise from or out of the structures located on the Premises in this lease or out of the use or occupancy of the structures on the Premises or the Premises itself by Lessee, or Lessee's Invitee. This indemnity specifically includes claims and demands made by Lessee's own employees, representatives, and agents. b. Lessee covenants and agrees that in the event the City is made a party to any litigation against Lessee or in any litigation commenced by any party other than Lessee relating to this Lease, Lessee shall defend City and Indemnitees with counsel satisfactory to City. Section 33. Taxes and Fees. a, Lessee shall pay for all taxes, licenses, and fees required to operate and maintain its various facilities on the Leased Premises. Further, Lessee shall pay all taxes, which may be due or assessed the Leased Premises because of the Lessee's use of the Leased Premises. b. Lessee covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employers Tax Guide, publication 15, as it may be amended. Page 9 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 c. Lessee shall timely pay all ad valorem, personal property, and other taxes, if any, which have been or may be levied, assessed, or otherwise imposed on Lessee's Premises during this Lease. Lessee must provide proof of payment of these taxes within 30 days after City Manager's written request. Section 34. Interpretation. a. This Lease must be interpreted under the Texas laws, which govern the interpretation of contracts. Venue lies in Nueces County, where this Lease was entered into and will be performed. b. The headings contained in this lease are for convenience and reference only and are not intended to define or limit the scope of any provision. Section 35. Force Majeure. No party to this Lease is liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots, or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waives this right as a defense. Section 36. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any the termination or expiration of this Lease. Section 37. Entire Agreement. This Lease and the exhibits incorporated and attached constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises, and representations with respect to this Lease, unless contained in this Lease, are expressly revoked, as it is the parties' intent to provide for a complete understanding within the provisions of the document, and the exhibits incorporated and attached to this Lease, the terms, conditions, promises, and covenants relating to Lessee's commercial operations and the Premises to be used in the conduct of the operations. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provision unenforceable, invalid, or illegal. Section 38. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. in performing this Lease, both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Page 10of12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 00292010 Section 39. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 40. Publication Costs. Lessee shall publish and pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 41. Acknowledgment. The parties expressly agree that they have each independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. EXECUTED IN DUPLICATE ORIGINALS this I `M ay of by the authorized representatives of the parties. LESSEE: BBC CAP TAL, Ltd. By: • Print: ,riv Title: 6f'" On behalf of B CAPITAL MANAGEMENT, L.L.C., its General Partner , 2010, STATE OF TEXAS § § COUNTY OF NUECES § This instrument was ackno ledged before me on I aVeMA-b x 1 , 2010, by rharC. kc7 as 11rV:t YIGe.l� , of BBC Capital Management, L.L.C., a Texas limited liability con °any, as General Partner of BBC Capital, Ltd., a Texas limited liability partnership, on behalf of the limited liability partnership. —.11.-AIl. A ��►� Notary Publici, tate of T: j Page 11 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE — 09292010 EMILY REYES Natuy Public STATE OF TEXAS My Comm. Exp. 11-22-2011 LESSOR: ATTEST Armando Chapa City Secretary CITY OF CORPUS CHRISTI, TEXAS I& scobar City Manager APPROVED AS TO LEGAL FORM: ilheei +k- 2 `/ , 2010. By: * ,day tng F F' A istanYCity Attorney For City Attorney STATE OF TEXAS § § COUNTY OF NUECES § �°.�.�.(24-2687 AUTHORIZED COUNCIL _...Q.L4J f I sE(RETA Brun. This instrument was acknowledged before me onb»Ry /14� 1/ by Angel R. Escobar, City Manager, City of Corpus Christi, a exas home -rule municipal corporation, on behalf of the corporation. ary Public, State of Texas a;... JEANNIE HOLLAND • • •= Notary Public, State of Texas My Commission Expires December 23, 2013 Page 12 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE — 09292010 PN.: M•ro at couIau xhttrlt..xh90016.dw LOCATION MAP NOT TO SCALE PROJECT LOCATION CORPUS CHRISTI 8AY 0,20 ACRES CITY PROJECT No. 90016 f b6 64* 1 ASO ACRES VICINITY MAP Nor ry sc is CORPUS CHRISTI 64? COMMERCIAL LAND LEASE TRACTS 1 &R NORTH BEACH, CORPUS CHRIST, TX CITY COUNCIL EXHIBIT ogrfnEtrnrai g 55as PAGE: 1 of 1 DATE 10 1009 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF"C•ORPUS CHRISTI ADOPTED ON THE 27TH DAY Or AUGUST; 1937,' APPEARING OF RECORD IN LWE 9, PAGES' jbjr..ELTUS'I:O, OF THE ORDINANCE AND IIESOWTION RECORDS, AS AI/ENDED FROM TINE TO TINE E AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AYENOED, UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY GRANTING A SPECIAL COUNCIL PERMIT FOR OPERATION OF A TRAVEL TRAILER PARK ON A R. -ACRE TRACT OF LAND L001%0 IN LYN AO! TI' BLOCK 1114 LOTS 1 AND AND THI IES I: IAA "+ '(•F TIMDN OOULEV LOCATED oN THE • • �� 'I , 01 TWO PARKWAY (RAILROAD RIGHT Or WAY), CAST OF HIGHWAY 181, NORTH OF HULL STREET TO CORPUS CHRISTI BAY, IN THE CITY OF CORPUS CHRISTI, NIECES COUNTY, TEXAS, IN C0WLIANCE 1+11 iH THE CONDITIONS LISTED IN THE ANNEXED EXHIDIT "A", AND AS MIRE PULLY DCSCRIOGO ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; KEEP- ING IN EFFECT ALL OTHER PROVISIONS OF 1HE EXISTING ORDI- NANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ANO DECLARING AN EILRGENCY, &d. 9919 ' WHEREAS, TMC ZONINO AND PLANNING COMMISSION HAS•PORVAROED TO THE CITY COUNCIL ITS REPORTS AND RCCOHMCNOATIONS CONCERNING THE APPLICATION Or TNt CITY Or CORPUS CHRISTI ron AMCNOHENT TO THE ZON1KO MAP or THL CITY Or CORPUS CHRISTI; AND WHEREAS, PUDLIC HEARING VAS HELD AT WHICH HEAR IMG ALL PER30N3 WISH INO TO APPEAR AND BE HOARD VCR( MEAD, TO CONSIDER THC SAME atrmRE THE CITY COUNCIL. or INC CITY or CORPU!1 CHRISTI, IN ACCORDANCE WITH PRorER NOTICE TO THC PUBLIC, SAID PUBLIC HEARING HAVINO NCIH HELD ON JULY 22, 1910, ,IIT REGULAR COUNCI4 MEET ING Or THE CITY COUNCIL IN INC COUNCIL CHAMBER AT CITY HALL IN THE WY or CORPUS CHRISTI; AND WHEREAS, BY MOTION 'ULT WADE, etCCHOW AND CARR ICO, IT WAS DES IOCD OY THE CITY COUNCIL THAT TO APPROVE TIM HEREINAFTER SCI :OATH AMENDMENT WOULD ,t.s gryu rrVi •a.n Lt Th, HECt38 rrY .I.w c4?:.:.0m rre pE•NrICAL W C4I:ICC OF THC CITT Or CORPUS CHRISTI AND ITS CITIZCN31 Now, THEREFORE, DE IT ORDAINED BY THE CITY COUNCIL or THE CITY of CORPUS CHRISTI, TEXAS; SECTION 1. NAT INC ZONING ORDINANCE or INC CITY Or CORPUS C1tR;STI, }£KAS, PASSED ON THE 27TH DAY Or AUGUST, 1937, APPEARING Or RECORD IN VOLUME 9, PAGER 565, CT RC4, Or THE ORO I NANCC AND RC&OLUTION RECORDS: AS AMCNOCD rRON EXHIBIT B TIME TO TING, AND IN PARTICULAR AS AMENDED DY ORDINANCE No. 6106, A3 AMENDS:p, BE AND THE SANE I3 HEREBY AMENDED SY MAKING THE CHANGE HEREINAFTER SET OUT SECTION 2. THAT A SPECIAL COUNCIL PERMIT Bt ORANTEO rOR OPERATE OH Or A TRAVEL TRHLER PARI{ ON A 2.83 -ACRE TRACT Dr LAND LOCATED IN BROOKLYN ADDITION, BLOCK SISI, LOTS 1, 3 AND 5, AND THE GIVENS TRACT, PLUS THC STREET RIGHT Or WAY or TENON BOULEVARD, LOCATED ON THE NORTH CND OF CORPUS CNRI97 1 BEACH, WEST OF TIMON PARKWAY (RAILROAD R10NT Or WAy), EAST OF HIGHWAY 181, KORTH Or NULL STREET TO CORPUS CHRISTI • BAY, IN THE CITY OF CORPUS CHRISTI, NUCCES COUNTY, TEXAS' AS MORE FULLY DESCRIBED ON THE SITE PLAN, APPROVED 131, THE PLANNING. COMMISSION' A COPY Of WHICH SITE PLAN 18 ATTACHED HERETO AND MADE A PART HCREOr, SUBJECT TO ALL OTHER REQUIREMENTS OF 43-0 DISTRICT. THE SPECIAL COUNCIL PERMIT HEREIN GRANTGO SHALL BE CONDITIONED ON THE FULL AND CONTINUOUS COMPLIANCE BY THE PCEN1TTCC WITH ALL TERNS AND CONDI.. TIONS A3 TO CONSTRUCTION, USE AND OPERATION OF THC TRAVEL TRAILER PARK DETAILED IN EXHIBIT "A", A COPY,or WHICH IS ANNEXED HERETO AND DY THIB REr(hCNCE INC081'ORArtO HEREIN AND MADE A PART HEREOF FOR ALL PURPOSES. IN THE EVENT THE BOARD or A*JUSTMCNT owns, 0R0C11s OR PERMITS ANY USE, CHANGE, ALTERATION, IMPROVEMENT, VARIANCE OR SPECIAL EXCEPTION AS TO THE SUBJECT Ppo- PERTY, THIS SPECIAL PERMIT SMALL THEREUPON BECOME KULL AND VOID AN0 Or NO FORCE AND tfrCCT WHATCVCVCH. THE SYLL'iAL PERMIT GRAUTCD HEREIN MAY RK CANCELLED BY ORDER OR ORDINANCE Or THE CITY COUNCIL CrrtcTIVC AFTER 30 DAYS rRON'rHC DATE or PUBLICATION of SUCH OR11CR OR OROINANCC. SECTION 3. THAT THE trricI6t..MODS MAP or THE CITY or CORPUS CHRISTI, TEXAS, 11E' AND THC SAME IS HERESY AMENDED AS HEREIN °HOA'INCD. SECTION it. THAT rite 1 r. v1Ot4w' 7/ VA Ycr %:A . * ,r "tr. cm, Or CHRISTI' TEXXAS, APPROVED ON THE 2ITH DAT or ACCUSTOM" AS AMENDED fRiIN TINE TO TIME, EXCEPT AS HEREIN CHANGED, SHALL REMAIN 1N FULL r0RCE AND EFFECT. SECTION 5. THAT ALL ORDINANCE 0R PARTS Or ORDINANCES IN CONYL1;T HEREWITH ARE HEREBY EXPRESSLY REPEALED. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESA10 CHANOt ran THE PURPOSE OF MAINTAININO LT ALL TIMES A COMPREHENSIVE IONIA& ORDINANCE FOR THE CITY or CORPUS CHRISTI CREATES A PUBLIC EMERGENCY ANO AN IHPERATIYL PUELIc MCCCSOITY RCOUIRINQ THt OUleoss10N Or TME CHARTER RUL, It THAT NO ORDINANCE OM RESOLUTION SHALL HE PAS EIS ?INALi.Y ON /HE DATE Or ITIS IHTAD*Utt1ON AHII THAT OUGH ORDINANCE OR RESOLUTION sHAtt OE ROAD AT THREE SEVERAL HtCTINGS Or TMC erre COUNCIL, AND THE MAYOR HAYIHO OLCI.ARCD THAT *Intl EMERGENCY AND NtCCSSITY EXIST, AND HAYINQ RLNUCOTCD THE SUSPENSION OF THE CHARTER MULE AND THAT THIS ORDINANCE SE PASSED riNALtY ON THE OATC or ITS INTRODUCTION AND TAKE ETr CT AND OE IN rULI Ira PA at, IT IS ACCORDINGt,.Y SO ORDAINED, IRO. ATTESYs c 'Meg AHP crrrer rAoM AHD AIT tR THIS THC •CAT OP VIE Cf 'I Or CORPUS CHRISTI, TEXAS EXHIBIT t. EX I1BI T "A° THE r0LLOVINO ARC INC SPECIAL PERMIT CONDITIONS: ?. THAT THE AREA OL LIMITED TO MOBILE CAMPERS OR TRAVEL TRAILER* WHICH ARE DESIGNED AS A VEHICULAR AUTOMOBILE STRUCTURE BUILT ON A MSS ID OR A CAMPER FOLDING STRUCTURE MOUNTED ON WHCCLS, OOTN DESIGNED TO SE Ua tD As TEMPORARY OWCLLINCS FOR TRAVEL RECREATION ANO CAMPING UBC. BOTH SUCH Times MAY et DEPENDENT OR INDCPCNOLNT TRAILERS WHMCH KAY RCMUmRS RuCH SCRVIC LI As BUILDINGS roll TOILETS, SHOVERS OR OATHINO, AND LAVATORY FACILITIES. 2. ACCESS To THE HOSILE CAMPER OR TPA."CC T8.'1.;11 PARK SHALL DE rROM AN ARTCRIAL HIGHWAY DA SECONDARY THORDIIOHFARC. THE NUMBER AND LOCATION Or ACCESS DRIVES SHALL BE CONTROLLED roll SAFETY AND PROTECTION or rtosoNAL PROPERTY. No MOOILC CARPER OR TRAVEL TRAILER SPACES SHALL DE DESIGNED, roll DIRECT ACC (S$ TO A CTRCET OUTSIDE THE PREMISES 0r THE MOBILE CAMPER OR TRAVtt TRAILER PARK, INTERIOR ACCESS DR1VC8 SHALL BE A7 LEAST ZII FEET IN WIDTH 5URrA000, AND MAINTAINED IN A BROOM HARD ANO DENSE SURFACE WHICH SHALL et WILL DRAINED. 3. THEME SHALL DE 110 MINIMUM I.ST ARCA r0R A MOBILO CAMPER OR TRAVEL TRAILER SPACE IN A IIODILE CALIPER OR TRAVEL TRAILER PARK EXCEPT THAT MOBILE CAMPER! SHALL SC GO HARBORED ON LACK SPACE THAT THERE SHALL e£ AT LtAOT A 10-100T UNOSSTRUCT.:0 CLEARANCE n5TV5CN MOBILO CAMPERS 115071050, >10YEVER, THAT NO PART Or A MOBIL.: CAMPER OR TRAVEL TRAILER SHALL BE LOCATED CLOSER THAN 20 rtCT TO ANY BUILDING WITHIN THE PARR NOR CLOSER THAN 5 FEET TO ANT ACCESS DRIVE, NOR 25-rccr TO ANY AOU?TIN0 PUBLIC !TRC£Y OR HI0*VAY. THERE SHALL e£ NO MORC'THAN 25 MO44LE CAMPERS OR TRAVEL TRAILER SPACES PER ACRE Or 411003 0175 AREA. II. EACH HUM CAMPER OR TRAVEL TRAILER S11ACC SHALL P110Y155 DurrIcIcNT PA5KIN0 AND MANCUVERADILITY SPACE S0 THE PARKING, LOADING 011 uiANt77ERfiJ0 Or TR+.ILCRS FNCIDENTAL TO PARIIINO SHALL NOT NECESSITATE THE UBC Or ANY PUBLIC STREET, SIDEWALK 011 RIIIHT-Or-WAY OR ANY PRIVATE MONO, NOT PART OF THE HOOKLE CAMPER OR TRAVEL TRAILER PAR11. 5. IN ALL MOBILE CAMPERS OR TRAVEL TRAILER PARRS THCRC SHALL S5 AT IrAi1T ONt RECREATION ARCA WHICH SHALL et ACCESS1eLE FROM ALL SPACES. THE SITE OR SITES Or GING RCCRLATIOH ARCA OR AREAS SHALL TOTAL NOT L555 THAN EIGHT PERCENT Or T11C 811081 RITC AREA 0R 2,50D.sOuARc !CRT, WHICHEVER IS GREATEST, 6. 0775105 LIGHTING SHALL DE ERRECTEO 1N SUCH A HAMMER THAT IT HOT 0E OETRIMENTAI. 70 011 PROJECT ONTO ADJACENT PROPERTIES AND ANY OUT000R *09557151HO 3190.4 DZ RESTRuCTCa eV THE ZONING DISTRICT 114 WHICH THE PARI[ I0 SITUATED, 7. AN AcctssI5LE, AOESUA7c, 5A4E, AND POTABLE SUPPLY or WATER SHALL. Qi.7,`RaW!DZD 1v 1:AtY 2o1+}ILt CAMPER OR TRAVEL TRAILER PARK. 'AIM A PUBLIC ORM,' or 7 MCH or SATISFACTORY AVANTITY, OIIAL1T1, AAliaftedttelt101146 AVAII.AOLC, CONNECTION MALL OE MAGE THERETO, AND ITS SUPPLY USED EXCLOIVELY AND SHALL MELT ALL STANDARD. or TME CITY Or CORPUS CHRISTI PLUMDIN0 OR01WANGC• EACH MOBILE CAMPER on TRAVEL TRAILER PARK SHALL SE PROVIDED WITH 0NE0R HOAC EASILY ACCESB)DLE RATER 17111117 OUTLETS FOR FILLING TRAILER WATER STORAGE TARNS. SUCH WATER DUMMY OUTLCY* SHALL CONSIST or AT LEAST A HATER HYDRANT AHD THE NECESSARY APPURTENANCES' "' 8. A ct1Jrnm. StPVICc BUILDING CONTAINING THE NECESSARY TOILET' AND OTHER PLUNGING 1'1XTUREI SPCCIrILO SHALL BE PROVIDED IN MOBILE CHOP OR TRAVEL TRAILER PARKING AREAS WHICH PROVIDE PARKIN° SPACES FOR OEPENOENr TRAI..CMG. SERVICE OUILDINGI SHALL. BE CONVENIENTLY LOCATED WITHIN A RAD or 1PIRO*IHATCI.Y 300 FEC? TO THE SPACES TO 0E SERVED. MO. v1r PARKING' TOILETS URINALS LAVATORIES SHowcaa 5PACE5 M N WOMEN 14[N MN WNW M H W,,CH iiR I ---11):::6 1 1 �s r � 1 �': Milindlinill 1ua OTHER 1 KTURC$ 1 aERVICC 1" y, H L FLUSHING Mt IN FOR PARKING AREAS LAVING MORE THAN 100 TRAVEL TRAILER 'APACE$ TMCRC $HAL• f. PROVIDEDI 1 ADDITIONAL TOILET AND LAVATORY TOR EACH SEX PER EACH ADDI_ T101.„ 30'TRAILER SPACES; 1 ADDITIONAL SHOWER ran EACH SEM PER EACH ADDITIDNAL 40 I'.,1LCK SPACES AND 1 ADDITIONAL NEWS URINAL PER EACH ADDITIONAL 100 TRAILER SPALL:l. ALL ROOMS CONTAINING SANITARY OR LAUNDRY FACILITIES SHALL: A) HAVE SOUND RESISTANT WALLS EXTCNDINS TO THE CEILING BETWEEN MALL AND rLNALE SANITARY rACILITIC31 WALLS AND PARTITIONS AROUND SHOWERS, DATHTUDS/ LAVATORIES AND OTHER PLUMRINR rIKYURES SHALL DE CONSTRUCTED Of DENSE, NON•ASOORDCN7, NATER PROOr MATERIAL OR COVERED WITH MOISTURE RESISTANT MATCRIALj o) HAVE AT LEAST AHC WINDOW OR SKYLIGHT rACul0 DIRECTLY TO INC OUTDOORS. THE MINIMUM AGGREGATE GROSS AREA OF WINDOWS r0R (ACN RCOu1RtO ROOM SHALL DE NOY LRS* THAN 10 PERCENT or FLOOR AREA SERVED 0Y THEM; C) HAVE AT LEAST ONE WINDOW WHICH CAN SE EASILY OPENED OR A MECHANICAL DEVICE WHICH WILL ADEQUATELY VENTILATE THE ROOM. TOILCTO SHALL Dt LCCATK0 1N SEPARATE COMPARTMENTS (CHIPPED WITH ILL7 cLO5IM0 DOORS. THE $ROWER STALLS'SHALL DC Or INDIVIDUAL 1E0E. tKC 11o0M5 SHAL,1. nC SCREENED TD PREVENT DIRECT VIEW OF THC 1NTCR10R WHEN TRC EXTERIOR DUI.... AKE OPCH. HOT AND COLD WATER SHALL St TURNIaHC° TO EVCIIY LAVATORY SINK/ RATH- TUS. ••114VER AND LAUNDRY FIXTURE, AND COLD WATER SHALL OC rURNISHCO TO CVCRY NATI . CLOSET AHD URINAL. • A SANITARY STATION SHALL DE PROVIDED CONSISTING or AT LEAST A TR►P••rn SII' SEWER RISER PIPE/ CONNECTED TO THE 11001LC CAMPER OR TRAVEL TRAILER PARI ..RCA SEW0RAGC SYSTEM SURROUNDED AT THE INLET END 0Y A CONCRETE APRON GLUM $ TO THE DRAIN/ AND PROVIOtD WITH A SUITABLE HINGE COVER).AND A WATER OUT1..:, WITH THE NECESSARY APPURTENANCES, CONNECTED TO THE PARK ARCA/ WATER •�!J`�' $YatEM TO PERMIT PERIODIC WASHDOWH 01 THC IMMEDIATE ADJACENT AREAS. EACI. •171111.6 LlkPti?.A'l1CKSANKI. riPJ r: eS !'d.11x JIAL} RR PROVI0E0 WITH A HIKIHUN SAN' 1W STATION 1N THE RATIO OF AT LEAST ONE f0R L*Yii�Y ICA %V.ShL[R CPACEO OR A '*ACTIONAL PART ?HCRCOr. SUCH SANITARY STATIONS SHALL BE SCREENED rIOM •}I1 STH''- %CTIVITIES MY VISUAL 5ARRIERS SUCH AS r0NCES, WALLS, OR NATURAL GROWTH L. AND .LL DC SEPARATED FROM ANY TRAILER SPACE SY A DISTANCE Or AT LCAOT 50 rEET., OF A1ID • IMG 9. WHEN AN ELECTRICAL WIRING STITCH 1S PROVIDED, IT SHALL'CONSIST ')Vtp r1XTURCS, EQUIPPCO AND APPURTENANCES WHICH SHALL.SC INSTALLED .'ITAINED IN ACCORDANCE WITH THE ELECTRICAL Coot AND OLULATthNI QOVERN- :Si SYSTEMS.• 10. STORAGE/ COLLECTION AND DISPOSAL OF RC?USC 1N THt MOBILE CAI:' 'I 0R TRAVEL TRAILER PARK AREA SHALL 0E SO CONDUCTED AS TO CREATENO Ind nr.ALTH KAZARDs, RODENT HARBORAGE' INSECT °RCLDINO AREAS: ACCIDENT OR FIRE 114iAROSI DR Alk POLLUTION. ALL REFUSE SHALL DC STORED IN KLYTISHT, WATER+ TORT AND RODENT P1001 CONTAINERS, WHICH SNALL'6C LOCATED NOT MORE THAN 150 rely PROM ANY TRAILER SPACE. 11. THC MODILE CAMPER OR TRAVEL TRAILER PARK ARCA SHALL OC SIIIIJCCT Y11THE RULES AND REGULATIONS or THE CORPUS CHRISTI rope PREVENTION AUTHORITY. 12. THE PERSON TO WHOM THIS SPECIAL PERMIT IS ISSUED SHALL AT ALL TIIHCS OPEAATE INC MOBILE CAMPER OR TRAVEL TRAILER PARK IN COMPLIANCE VITH ?IIID ORDINANCE ANO SHALL PROVIDE AOCOUATC $UPCRVISIDH TO MAINTAIN THC HOME COVEN AND TRAVEL TRAILER PARK ARCA, ITS FACILITIES, AND IICIlP EQUIPMENT IN . e.,0D REPAIR ANO IN A CLEAN AND SANITARY CONDITION AT ALL TIMES. 13. DM OWNER OR OPERATOR 0r A MOBILO CAMPER OR TRAVEL TRAILER PSTIK AREA SHALL MAINTAIN A MISTER CONTAINING A RECORD or ALL TRAILERS AND CCUPANTS. SUCH REGISTER SHALL BE AVAILABLE TO ANY AUTHOR:=Eo PERSON 1N- Or)CT1N0 THE MODILC CAMPER OR TRAVEL TRAILER PARK AREA AND SMALL It PRESERVED ron A PCR100 Or THROE YEARS, SUCH REGISTER SHALL CONTAIN (A) THE NAMES AND 1:11NANENT ADDRESSES Or ALL TRAILER OCCUPANTS) (a) THE NAME, MODEL AND LICENSE :;,IMIER or THE TRAILER ANO TOW VCNICLC) AND (C) THE DATES Or ARRIVAL AND W PARTURC or A TRAILER 0R ITS OCCUPANTS, • • • E,!!0!7 tal 1 tiamlago Langone - AMC L.ttKU %•Lr rolaMUD outllltW t7tlalilt r A.404Ins iv&uut. 1. INSURANCE REOUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all Insurance required herein has been obtained and such Insurance has been approved by the City. The Leasee must not allow any subcontractor to commence work until all similar Insurance required of the subcontractor has been so obtained. B. Lessee must Simish to the City's Risk Manager, two (2) copies of Certificates of lnattranca, showing the following ndnlmmum coverage by Insurance company(s) acceptable to the City's Rlak Manager, The City must be named as an additional Insured for the General liability policy. A bit waiver ofaubrogatlon is required on all applicable policies. TYPE OP INSURANCEMINIMUM INSURANCE COVERAGE 30 -Day Wrltba Notice of Caacetiatloa, aoa-raaeerai, material chaeta or teratlastlaa required as all eerdfleatra Bodily *try sad Property Damp COMMERICAL GENERAL LIABILITY Ineludiom I. Commercial Form 2. Premises — Operations 3. Nodule/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Waimea Liability exclurloa removed $2,000,000 COMBINED SMULE LIMIT AUTOMOBILE LIABILITY to lnoluda: Owned, Non•ewncd. hired, leased or rented vehlrlos 51,000,000 COMBINED SINOLE LIMIT WORKERS' COMPENSATION EMPIAYBR$' LIABILITY WHICHCOMPLIES WITHTHETEXAS WORKERS' COMPRNSATION ACT AND PARAGRAPH II OF THIS EXHIBIT S2$O,000 POLLUTIDN LIABILITY! ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & aceldeatal discharge: to include Iona -term aavironoteatat Impact fir the disposal of cootaminsnts 51.000,000 PER OCCURRENCE C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of any accident. 2003 Lake Carpus Ciuirti - SunrircBack Campground Lusa Ins. req. 3.27-03 sp RiskMgint EXHIBIT C •J‘IIIIICIIIU LWWUllr ^ LYYV LMIN.-.M • Min 111.11•0•01/1 MMI•. I••V .+r••r.. . .«M.•=- 11. ADDITIONAL R13OU1RBMBNTS A. Lessee 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 with endorsements approved by the Texas Department of Insurance. The coverage must be amounts sufficient to assure that ail workers' compensation obligations incurred by the Lessee wig be promptly met. B. Certificate of Insurance: r The City of Corpus Christi must be named as en additional Insured on the Gomm liability coverage, and a blanket waiver ofsubrogatlon is required on all applicable policies. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by edding the wording "changed or" between "be and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu ofmodiBoation of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. * Tho name of the project must be listed under "Descrlptbn ofOperations". * M a minimum, a 30 -day writtee notice to the City's Risk Manager of material change, cancellation, non -renewal or termination Is required. C. If the Certificate of Insurance on its face does not show Ike exigence of the coverage required by items 1.13 (1)-(7), an authorized representative of the insurance company must include it letter specifically stating whether items 1.01(1)-(g) are Included or excluded. 2008 Lake Carpue Chdiuti - Surin Bach Campground Lane hu. req. 3.2748 ep Risk Mpnt EXHIBIT C "11 111 Corpus Chr sti Engineering Commercial Land Lease Renewal Agreement BBC Capital, Ltd. Council Presentation January 12, 2016 Project Vicinity �hrsti Engineering 2 Project Location �hrsti Engineering 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2015 Second Reading Ordinance for the City Council Meeting of January 19, 2016 DATE: TO: Ronald L. Olson, City Manager January 5, 2016 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 Jeff Edmonds, Director of Engineering JefferyE@cctexas.com (361) 826-3851 Engineering Contract McGee Beach Breakwater Improvements CAPTION: Ordinance amending the FY 2016 Capital Improvement Progam budget adopted by Ordinance No. 030621 to add project No. E15219 McGee Beach Breakwater Improvements; increasing expenditures in the amount of $21,900; and authorizing the City Manager, or designee, to execute a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $19,900 to provide an updated concept assessment and opinion of probable construction cost for breakwater improvements at McGee Beach as recommended by the Corpus Christi Business and Job Development Corporation (Type A Board). PURPOSE: To authorize a professional services contract with HDR Engineering, Inc. to begin assessment of McGee Beach breakwater improvements. BACKGROUND AND FINDINGS: This project provides for preliminary design phase services to develop the improvement concept and opinion of probable construction cost for the breakwater at McGee Beach. This concept was developed for funding consideration through the City's Seawall 4A Board. The McGee Beach breakwater creates the marina and provides protection to the downtown seawall. Improvement to the McGee Beach breakwater would provide additional protection and stability to the seawall. The project tasks required are listed below. Basic Engineering Services: • Participate in a kickoff meeting and project site visit with City staff to review project goals and observe general conditions of the existing breakwater and supporting amenities. • Review the previous project concept and OPCC developed by HDR in 2009. • Update the improvement concept for the breakwater, adjoining structures, and selected amenities. Anticipated improvements are as follows: o Demolition of the concrete pile -supported (elevated) access walkway and replacement with an extension of the rock breakwater. o Replacement of the concrete cap/walkway along the rock breakwater o Replacement of electrical line/lights o Replacement of trash receptacles and signage o Replacement of steps between beach and breakwater o Replacement of the fish -cleaning station • Develop an updated OPCC for the breakwater improvement concept and selected amenities. In addition, if replacement of the concrete structure that supports the existing concession area is determined to be necessary, develop OPCC for replacement structure (including concession structure and restrooms). • Provide a brief technical memorandum summarizing the results. The assessment and recommendation for repair or replacement of the concrete structure that supports the existing concession area and restrooms was not included in the 2009 improvement concept. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: This item was approved by the Type A Board on December 14, 2015. CONFORMITY TO CITY POLICY: Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance. DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Other Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $21,900 $21,900 This Item 19,900 19,900 Encumbered / Expended Amount 2,000 2,000 BALANCE $0.00 $0.00 Fund(s): Type A Board Seawall Maintenance Fund Comments: RECOMMENDATION: City Staff recommends approval of the engineering contract for the development of cursory level concept improvements at McGee Beach. LIST OF SUPPORTING DOCUMENTS: • Contract • Project Budget • Location Map Ordinance amending the FY 2016 Capital Improvement Progam budget adopted by Ordinance No. 030621 to add project No. E15219 McGee Beach Breakwater Improvements; increasing expenditures in the amount of $21,900; and authorizing the City Manager, or designee, to execute a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $19,900 to provide an updated concept assessment and opinion of probable construction cost for breakwater improvements at McGee Beach as recommended by the Corpus Christi Business and Job Development Corporation (Type A Board). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Program Budget adopted by Ordinance No. 030621 is amended to add Project No. E15219 McGee Beach Breakwater Improvements. SECTION 2. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to increase expenditures in the amount of $21,900. SECTION 3. An Engineering Contract for the McGee Beach Breakwater Improvements project in the amount of $19,900 is approved by the City Manager or his designee. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET McGee Beach Breakwater FUNDS AVAILABLE: Amount Type A Sales Tax Proceees 21,900.00 TOTAL AVAILABLE $ 21,900.00 FUNDS REQUIRED: Construction (Estimate) TBD Engineer Fees: HDR Engineering $19,900.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 1,000.00 Engineering Services (Project Mgmt/Constr Mgmt) 1,000.00 Miscellaneous TOTAL $ 21,900.00 ESTIMATED BUDGET BALANCE Shoreline Blvd. "{ McGee Beach Project Location Breakwater Extension Repair Breakwater Walkway LOCATION MA NOT TO SCALE PROJECT: E15129 McGee Beach Breakwater Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 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 (Director of Engineering Services) and HDR Engineering, Inc., a Texas corporation, 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT McGee Beach Breakwater Improvements (Project No. El 5129) — The project includes: • Demolition of the concrete pile -supported (elevated) access walkway and replacement with an extension of the rock breakwater. • Replacement of the concrete cap/walkway along the rock breakwater • Replacement of electrical line/lights • Replacement of trash receptacles and signage • Replacement of steps between beach and breakwater • Replacement of the fish -cleaning station 2. SCOPE OF SERVICES The NE hereby agrees 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", to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The NE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may Contract for Professional Services Page 1 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E15129 - BREAKWATER AT MCGEE BEACH\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $19,900.00 Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY A/E shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, vehmteersdirectors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, to the extent that the damage is caused by and/or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by A/E or its agent, A/E under contract or another entity over which A/E exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. If the liability results solely from the negligent acts or omissions of the A/E, the A/E shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by the City, the A/E shall reimburse the City's reasonable attorney's fees in proportion to the A/E's liability. A/E must advise City in writing within 24 hours of any claim or demand against City or A/E known to A/E related to or arising out of A/E's activities under this Agreement. 6. INSURANCE 6.1 A/E must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. NE must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 A/E must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Contract for Professional Services Page 2 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E15129 - BREAKWATER AT MCGEE BEACH k1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX B liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, A/E must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, NE must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and Contract for Professional Services Page 3 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E15129 - BREAKWATER AT MCGEE BEACH k1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX 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 NE will be promptly met. An All States Endorsement shall be required if A/E is not domiciled in the State of Texas. 6.5 NE shall obtain and maintain in full force and effectforthe duration of this Contract, and any extension hereof, at A/E'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. A/E is required to provide City with renewal Certificates. 6.6 A/E shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. NE 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 A/E agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 6.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; 6.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. 6.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, A/E shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend NE's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.9 In addition to any other remedies the City may have upon NE's failure to provide and maintain any insurance or policy endorsements to the extent and within the time Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E15129 - BREAKWATER AT MCGEE BEACH\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX herein required, the City shall have the right to order NE to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to NE hereunder until NE demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which NE may be held responsible for payments of damages to persons or property resulting from NE's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that A/E's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 6.13 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 8. 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. 9. 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. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the NE 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. 10.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 Contract for Professional Services Page 5 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E15129 - BREAKWATER AT MCGEE BEACH\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX used again by the A/E without the express written consent of the Director of Engineering Services. 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. 11. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 12. STANDARD OF CARE Services provided by NE under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13. CONFLICT OF INTEREST NE agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 14. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and NE and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and A/E. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS NE hereby agrees and acknowledges if anything contained in the NE -prepared Exhibit A, NE's Scope of Services, or contained in any other document prepared by NE and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E15129 - BREAKWATER AT MCGEE BEACH\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. J. H. Edmonds, P.E. Date Arthur B. Colwell, P.E. Director of Engineering Services Vice President RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Date 555 N. Carancahua, Suite 1600 Corpus Christi, Texas 78401-0850 (361) 696-3300 Office »•24•x$ Fund Name Accounting Unit Account No. Activity No. Account Category Amount Seawall Maint 3272-707 550950 E15129013272EXP 50950 $19,900.00 Total $19,900.00 Contract for Professional Services Page 7 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E15129 - BREAKWATER AT MCGEE BEACH\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX F�2 hdrinc.com October 5, 2015 P111827 Mr. Jeff Edmonds, P.E., Director, Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 RE: PROPOSAL FOR DEVELOPMENT OF CURSORY -LEVEL BREAKWATER IMPROVEMENT CONCEPT AT MCGEE BEACH Dear Mr. Edmonds: Thank you for inviting HDR to submit this proposal for professional engineering services. Based on our recent correspondence, the City desires an updated concept assessment and opinion of probable construction cost (OPCC) for breakwater improvements at McGee Beach. An improvement concept and associated cost was previously developed by HDR in 2009; this concept was developed for funding consideration through the City's Seawall 4A Board. Having a local staff of experienced coastal and marine structural engineers, as well as familiarity with the project site, we feel well qualified to help. SCOPE OF SERVICES HDR proposes to provide the following services: • Participate in a kickoff meeting and project site visit with City staff. The purpose of the meeting and site visit will be to review project goals and observe the general condition of the existing breakwater and supporting amenities. • Review the previous project concept and OPCC developed by HDR in 2009. • Update the improvement concept for the breakwater, adjoining structures, and selected amenities. Anticipated improvements are as follows: - Demolition of the concrete pile -supported (elevated) access walkway and replacement with an extension of the rock breakwater. - Replacement of the concrete cap/walkway along the rock breakwater. - Replacement of electrical line/lighting. - Replacement of trash receptacles and signage. - Replacement of steps between beach and breakwater. Replacement of the fish -cleaning station. • Note that repairs and/or replacement of the concrete structure that supports the existing concession area and restrooms was not included in the previous (2009) improvement EXHIBIT "A" Page 1 of 3 Mr. Jeff Edmonds October 5, 2015 Page 2 concept. HDR will provide an assessment of the structure and, if replacement or repairs are recommended, develop a cursory -level improvement concept. • Develop an updated OPCC for the breakwater improvement concept and selected amenities. In addition, if replacement of the concrete structure that supports the existing concession area is determined to be necessary, develop OPCC for replacement structure (including concession structure and restrooms). • Provide a brief technical memorandum summarizing the results. ASSUMPTIONS AND LIMITATIONS HDR's proposal for the services and fee described herein is based on the following assumptions and limitations: 1. This effort will be limited to a desktop -level review and does not include detailed analysis, data collection, calculations, modeling, environmental and regulatory review, or other items that might typically be associated with detailed engineering or design. 2. OPCC will be conceptual -level. 3. Except for adding the concrete structure that supports the existing concession area, the project location and limits will be similar to those considered during the previous assessment completed by HDR in 2009. Improvements to the seawall, McGee Beach, and/or marina will not be included. FEE, DELIVERABLES, AND SCHEDULE HDR proposes to provide these services for a lump -sum fee of $19,900 as shown in the table below. We propose to provide these services in accordance with HDR's standard Terms and Conditions (attached to this letter). Any work outside the proposed Scope will be added, with authorization from the City, through a formal Scope Change Document and associated fee agreement. This proposal is valid for 45 days from the date of this letter. Task Approximate Deliverables Schedule of Completion Approximate Amount per Task Breakwater Improvements Assessment Technical Memorandum and OPCC 60 Days $19,900 Total Proposed Lump Sum Fee: $19,900 EXHIBIT "A" Page 2 of 3 Mr. Jeff Edmonds October 5, 2015 Page 3 Thank you again for considering us for this project. Please do not hesitate to contact Dan Heilman at 361-696-3344 if you have questions or require any additional information. Sincerely, HDR ENGINEERING, INC. Daniel J. Heilman, P.E. Arthur B. Colwell, P.E. Project Manager Vice President/Managing Principal DJH/jcm Cc: Jerry Shoemaker, P.E., City of Corpus Christi Shane Torno, P.E., City of Corpus Christi Carl Crull, P.E., HDR Attachments: HDR Engineering, Inc. Terms and Conditions for Professional Services EXHIBIT "A" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees vrn m x CI s CD a: i A: o PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoic $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% eh SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus 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 to •rovide the followin_ information. ' _ 'spry .,ria a!R, fi�i:« See reverse si ' e or iling ' equiremen It Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1600 CITY: Corpus Christi ZIP: 78401 FIRM IS: I. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner 0 DISCLOSURE QUESTIONS additional space is necessary, please use the reverse side of this page or attach separate sheet. IlliState 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: NameN,A Job Title and City Department (if known) 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 'VATitle is 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" NameAl/A Board, Commission or Committee *State the names of each employee or officer of a "consultant" for the City of Cor?us 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)J CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 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: Arthur B. Colwell, P. E. Title: Vice President (Typo or Print) it; g ICertifyin $ 1 Baer DEFINITIONS d4946140111 S'76/5. 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. Corpus Chr sti Capital Programs McGee Beach Breakwater Improvements Development of Cursory Level Improvement Concept Council Presentation January 12, 2016 Project Location Corpus ChrYsti Capital Programs 2 Project Scope Corpus Chr sti Capital Programs This agreement includes: • An updated concept assessment • An opinion of probable cost The project scope for study/consideration includes: Demolition of the concrete pile -supported (elevated) access walkway and replacement with an extension of the rock breakwater. Replacement of the concrete cap/walkway along the rock breakwater Replacement of electrical line/lights Replacement of trash receptacles and signage Replacement of steps between beach and breakwater Replacement of the fish -cleaning station Project Schedule Corpus Chr sti Capital Programs 2016 January Award February March Assessment / Study Project Estimate: 60 Calendar Days 2 Months Projected Schedule reflects City Council award in January 2016 with anticipated completion in March 2016. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2016 Second Reading Ordinance for the City Council Meeting of January 19, 2016 DATE: January 4, 2016 TO: Ronald L. Olson, City Manager FROM: Susan K. Thorpe, Assistant City Manager Ordinance amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinances CAPTION: Adopting an Ordinance amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinance to prohibit solicitation in the Central Business District, North Beach and on private property without permission; prohibiting solicitation within 25 feet of an ATM, bank, public transportation stop or outdoor dining area; Providing for severance, publication, penalty; and an effective date. PURPOSE: Numerous businesses and tourist facilities in the Central Business District (downtown and uptown) and North Beach have reached out to the City over the past several months regarding worsening safety and nuisance activities in their areas. They have requested the City to take stronger action against increasing levels of panhandling and aggressive behavior. In response, City staff have drafted a proposed ordinance to address the issues, particularly in the high tourism areas of the Central Business District and North Beach. We sought input from a number of groups regarding the proposed changes. These included the Downtown Management District, Uptown Neighborhood Initiative, North Beach Community Association, SEA District, Clergy Alliance, and Homeless Issues Partnership Board. The overall result of these meetings has been strong support for the proposed changes. BACKGROUND AND FINDINGS: It is the community's desire to eliminate the need for panhandling by providing appropriate assistance to individuals in need. Homeless service providers and the Clergy Alliance have indicated they are willing to conduct outreach to those panhandling to identify and address their needs for social services. The Clergy Alliance indicated it is willing to empower those adversely impacted by panhandlers (i.e., business owners throughout the community) with the interpersonal skills to engage and the ability to help the people panhandling to navigate available resources to address their needs. The City is dedicated to encouraging economic development opportunities to create jobs and meaningful work for those struggling to make ends meet. City staff have been actively working on several positive alternatives to panhandling including: • installing specially marked parking meters so people can donate to homeless shelters • working with local fast food chains for food vouchers to give to panhandlers instead of money, • installing "Keep the Change" signs to encourage people to give to charities rather than panhandlers, • creating a Public Service Announcement (PSA) about what panhandlers use the money for — currently airing on City's TV channel, • Working with the Homeless Issues Partnership to create a handout with phone numbers and addresses of free shelter and services for those in need. The proposed revisions to the City's solicitation ordinance will: • ban any type of panhandling completely in the Central Business District (uptown and downtown) and North Beach • ban panhandling on private property without the owner's consent • ban panhandling within 25 feet of ATMs, entrances to financial institutions, bus stops and outdoor seating areas of restaurants. The existing ban on "aggressive panhandling" will continue to apply to all other areas of the City. ALTERNATIVES: Leave the ordinance as is. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. This action is in alignment with the Homeless Solutions Vision and Strategies, adopted by City Council on August 18, 2015. Strategy #1 includes: 1. Advocate for the City to: • enforce existing ordinances more vigorously and enact additional Quality of Life ordinances as needed to limit or prohibit loitering, panhandling, vagrant behaviors or illegal activity. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: 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 0 0 Encumbered / Expended Amount 0 0 This item 0 0 BALANCE 0 0 Fund(s): Crime Control and Prevention District Comments: RECOMMENDATION: Staff recommends adopting the Ordinance amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Emails from businesses Petition from North Beach Community Association Homeless Solutions Vision and Strategies Aerial Map Location Map Ordinance Amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinance to prohibit solicitation in the Central Business District, North Beach and on private property without permission; prohibiting solicitation within 25 feet of an ATM, bank, public transportation stop or outdoor dining area; Providing for severance, publication, penalty; and an effective date. Whereas, the City recognizes there are citizens in the community in need of food, shelter and social services; Whereas, panhandling is not the best way for individuals to achieve lasting assistance, support or shelter; Whereas, it is the community's desire to eliminate the need for panhandling by providing appropriate assistance to individuals in need; Whereas, tourism is important to the economy for the Central Business District and North Beach area; Whereas, the City Council finds and determines that solicitation (including panhandling) is detrimental to tourism and the significant revitalization efforts underway in the Central Business District and North Beach; Whereas, the Homeless Issues Partnership and the members of the faith community have indicated they are willing to conduct outreach to those panhandling to identify and address their needs for social services; Whereas, the members of the faith community is willing to empower those adversely impacted by panhandlers (i.e., business owners throughout the community) with the interpersonal skills to engage and the ability to help the people panhandling to navigate available resources to address their needs; Whereas, the City is actively working to identify alternatives to panhandling, including food vouchers that Police Officers and interested citizens can give to panhandlers instead or money; Whereas, the City Police Department is installing special parking meters for interested individuals to donate money to homeless shelters to help those previously panhandling; Whereas, the City is dedicated to encouraging economic development opportunities to create jobs and meaningful work for those struggling to make ends meet; Page 1 Whereas, City Council finds it necessary to utilize the City's police power to protect the well-being and tranquility of a community within constitutional limitations; Whereas, City Council finds that solicitation is commercial speech; Whereas, City Council finds it necessary to regulate commercial activity to accomplish the following purposes: (1) the prevention of fraud, (2) the prevention of crime, and (3) the protection of resident's privacy; Whereas, City Council finds it necessary to regulate solicitation of funds related solely to the economic interests of the speaker and its audience that do not involve persuasive speech seeking support for particular causes or for particular views on economic, political, or social issues; Whereas, City Council finds soliciting that is conducted using the dissemination of information that is false, deceptive, or misleading is an act that is disreputable worthy of prohibition; Whereas, City Council finds solicitation in certain areas creates a threat to public safety; and Whereas, City Council finds it necessary to eliminate nuisance activity associated with the solicitation of funds. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 38, Article II Unlawful Solicitation, Section 40 Definitions, is amended as follows: Sec. 38-40. - Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: (1) Aggressive panhandling means any of the following acts: a. Making any physical contact with or touching the solicitee in the course of the solicitation without the solicitee's consent. b. Following a solicitee, if that conduct is: 1. Likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession; or 2. Reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. Page 2 c. Continuing to solicit after the solicitee has made a negative response to a solicitation, but does not include a request for reconsideration of the denial of a request for a commercial or consumer loan under normal business terms. d. Blocking the safe or free passage of a solicitee or requiring the solicitee, or the driver of a vehicle to take evasive action to avoid physical contact with the solicitor. e. Using obscene or abusive language or gestures toward the solicitee. f. Approaching the solicitee in a manner that: 1. Is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession; or 2. Is reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. (2) Central Business District as defined in Chapter 4 of the Corpus Christi Code. (3) (2) Charitable purpose means any purpose, whether actual or purported, which an ordinary citizen reasonably could classify as charitable, benevolent, philanthropic, patriotic, religious, social service, welfare, educational, eleemosynary, cultural, artistic, or for a public service or association of public servants. Charitable organization means any person who engages in, or purports to engage in solicitation for a charitable purpose and includes a chapter, branch, area office, or similar affiliate or any person soliciting contributions within the city for a parent charitable organization, but does not include an organization whose primary purpose is supporting or opposing any candidate for elective office, or influencing the nomination for election or the election of any candidate for elective office. (5) North Beach means the peninsula found north of the Corpus Christi Harbor Bridge within the City limits. (/1) Person means any individual, organization, group, firm, association, partnership, corporation, company, trust or joint stock association, church, religious sect, religious denomination, society, or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof. (7) (5) Professional fundraiser means any person who for financial compensation or profit performs for a charitable organization service in connection with which contributions are, or will be, solicited in this city by the compensated person or by any compensated person the person employs, procures, or engages to solicit; or any person who for compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this city of contributions for a charitable organization. No investment adviser, investment adviser representative, broker-dealer, or lawyer, accountant, or banker who Page 3 advises a person to make a charitable contribution or who provides legal, accounting or financial advice in the ordinary course of a profession or business shall be deemed, as a result of the advice, to be a professional fundraiser. A bona fide salaried officer, employee, or uncompensated volunteer of a charitable organization is not a professional fundraiser. (8)+63 Public place means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, parking meter, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, bus, bus station, bus stop, bank, restaurant, or business establishment. L9j“4 Response means any reply or imperative instruction by a solicitee to a solicitor, the solicitee has been solicited or approached by the solicitor, whether verbal or non-verbal, to stop the solicitation, including, but not limited to, the use of gestures or words such as "no," "not today," "stop," "back off," "stay back," "get away," "leave me alone," or "withdraw." (10)+84 Solicit funds or solicitation of funds means to ask, beg, solicit, or plead, whether orally or in a written or printed manner, for the purpose of receiving money or items of value. any request for thc donation of moncy, property, or anything of valuc; or thc selling or offcring for sale of any property, real or personal, tangible or intangible, whether of valuc or not, including, but not publications, or brochures, upon thc representation, express or implied, that thc hcrcin dcfincd. Expres€ly excluded from thc mcaning of "solicit funds" or solicitation of funds for any purpose cithcr by a governmental agcncy or political subdivision. (11) {-9} Solicitee means any individual to whom a solicitor directs a solicitation. (12) {4-0-) Solicitor means any person who engages in the act of solicitation. (Ord. No. 030237, § 6, 7-29-2014) SECTION 2. Chapter 38, Section 43 Solicitation prohibited is created as follows: 38-43 Solicitation prohibited (a) A person commits an offense if they solicit funds or receive funds in relation to a solicitation on a public roadway or sidewalk located within any of the following: (1) Central Business District; or (2) North Beach; Page 4 (b) A person commits an offense if they solicit funds on private property. (1) It is an affirmative defense to prosecution under this subsection if the solicitation of funds was being conducted on property with permission of the owner, manager, or other person in control of the property. (c) A person commits an offense if they solicit funds within 25 feet of: (1) an automated teller machine; (2) an entrance or exit of a bank, credit union, or other similar financial institution; (3) a public transportation stop; or (4) an outdoor dining area of a fixed food establishment. j It is a defense to prosecution under this section that the person solicited or received funds for a non-commercial purpose while exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, or the right of assembly. SECTION 3. 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 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 6. This ordinance takes effect after official publication. Page 5 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 Page 6 Dec 15, 2015 To whom it may concern: During the North Beach Community Association Board of Directors pieeting held on December 15, 2015, the su rt the City's Panhandling Ordinance. The Board feels that people panhandling for money on the streets and sidewalks of our city, especially in our tourist areas, does not shine a good Tight on our city and does not result in a good quality of life for the people who are panhandling. AkatilAieeees Theauerd supports the city's efforts to not allow people to panhandle and, instead, to actively work to find homes or shelters for the people living on our streets. Thank you, NBCA Board of Directors Carrie Robertson Meyer T d ff -4g;tzcr-ea4- /-1 lir CD _6-4).1) m61�.l� 2-1111 601-Rr-QQ: NBCA President u aZQ-stilo &ctAt-N, n r9w f z L o 3a1 6 c -ii eve_ er�v /12-10. X4_4 Piktez iscua_,gyp • gos t, 2. 412- G -t z•ze— pi eirK &deg �G1ti ) c fNSU <M SVA 3 .iis,d:J.c.. North Beach Community Association PO Box 2361 • Corpus Christi, TX • 78403 Encouraging the development and preservation of North Beach and working to create a safe and environmentally sound neighborhood eclS,ZorS N5 N- 6747-6J eoL(-21,2P �f- IYj�I � kekintAil r iga4Act/La) u 423ti 0'6 ivor---- pArreicL__.(f-A-L4i j3o Gcx-FA .4 3y - -144 Z-41 'J 'TR i\X-fscE Au I DoMfrzjet °g.1 id /1� /3 .rzs,— Wa--16 oe. City of Corpus Christi Homeless Solutions Vison and Strategies "Helping People to Help Themselves" Adopted by City Council Resolution, August 18, 2015 Vision: Corpus Christi is a community that addresses and prevents homelessness while enhancing the overall community's quality of life. We will achieve this vision working together through public/private partnerships. Homeless Solutions Strategies: 1. Advocate for the City to: • enforce existing ordinances more vigorously and enact additional Quality of Life ordinances as needed to limit or prohibit loitering, panhandling, vagrant behaviors or illegal activity. • develop appropriate zoning and other regulations regarding the location of facilities serving the homeless population. • make changes to City Hall property to enhance business image and public access to City services, while reducing opportunities for loitering, vagrant behaviors or illegal activity. • create pathways and incentives to increase the availability of affordable, accessible, integrated permanent housing. • concentrate City and federal funding toward achievement of the partnership's vision and strategies. 2. Support acquisition of a location for coordinated provision of support services through homeless service providers. The location of this service hub will be located away from Downtown/Uptown to facilitate integration of social services and promote revitalization of these areas. 3. Solicit new revenue streams to achieve the partnership's vision and strategies. 4. Educate the public regarding these strategies to reduce homelessness, showcasing stories of those who have successfully transitioned from homelessness into productive society. 5. Establish a Sobriety Center/Crisis Stabilization Center (operated by a healthcare organization) as a jail diversion program for individuals typically arrested for public intoxication or mental illness -related minor offenses. Secure support for this jail diversion program from City of Corpus Christi, Nueces County, Behavioral Health Center, Nueces County Hospital District, the Courts and other parties with a role, responsibility and/or interest in these functions and services. 6. Corpus CI VI 4.. Interna Ilonal Airport`, rth San �edru 1 Ingleside ti Inglesrde the Bay Petronila Tierra Grande Chapman Ranch AGENDA MEMORANDUM First Reading Item for the City Council Meeting of January 12, 2016 Second Reading Item for the City Council Meeting of January 19, 2016 DATE: TO: December 15, 2015 Ronald L. Olson, City Manager FROM: Jay Ellington JayEll@cctexas.com 361-826-3442 Motion approving a Lease Agreement with Driscoll Foundation for youth baseball program at Clara Driscoll Field located at 4235 Baldwin Blvd CAPTION: Motion to authorize the City Manager or designee to execute a Five-year Surface Lease Agreement with the Robert and Julia Driscoll and Robert Driscoll Jr. Foundation to lease 4.23 acres of land known as Clara Driscoll Field located at 4235 Baldwin Blvd. to be used for a youth baseball program. PURPOSE: These Premises shall be used for the purpose of the Corpus Christi Police Athletic League (C.C. PAL) operating a little league baseball field and related facilities. BACKGROUND AND FINDINGS: The City of Corpus Christi has leased these premises from the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation since 1998. The City has subleased these premises to the Corpus Christi Police Athletic League for the purpose of organizing a youth baseball league. The current sublease is in effect until April 2020. ALTERNATIVES: Do not approve lease OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City council must approve all leases EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Lease agreement between the Driscoll Foundation and The City of Corpus Christi SURFACE LEASE AGREEMENT CLARA DRISCOLL FIELD This surface lease agreement ("Lease") is entered into by and between Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation ("Driscoll Foundation") and the City of Corpus Christi ("City"). WHEREAS, Driscoll Foundation owns 4.23 acres of land located in the Corpus Christi Industrial District, Section 2, Lot 8, Block G, also known as 4235 Baldwin Boulevard, shown on the attached Exhibit "A" ("Premises"); WHEREAS, the City desires to lease 4.23 acres of land; and NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants herein, agree as follows: 1. TERM - Driscoll Foundation leases the Premises subject to all of the terms and conditions of this Lease to the City. The term of this lease shall be for five (5) years, beginning on the day of City Council approval of this Lease, unless sooner terminated as set out herein. Upon Effective Date, this lease terminates any prior lease between the parties for use of said Premises. Either Driscoll Foundation or City may terminate this Lease, without cause, by giving six (6) months written notice. 2. PRIMARY USE - The Premises shall be used for the purpose of operating a little league baseball field and related facilities thereon and for no other purpose. 3. CONSIDERATION - Driscoll Foundation shall charge $0 to the City of Corpus Christi annually for this surface lease. In consideration that Driscoll Foundation does not collect any monies for this surface lease, Driscoll Foundation, Driscoll Children's Hospital, and/or Driscoll Surface Lease Agreement for Clara Driscoll Baseball Field Page 1 Children's Health Plan reserve the right to display advertising signage at the Clara Driscoll Baseball Field at no charge. 4. CITY OF CORPUS CHRISTI RESPONSIBILITIES - Maintenance - City, or Sub -lessee, shall maintain the Premises and keep all amenities in the state of good repair. City, or Sub -lessee, shall pay all utilities at the Premises. Premises shall be used in accordance with the Driscoll Foundation's rules and regulations during the term of this Lease. Taxes - City, or Sub -Lessee, shall pay all ad -valorem property taxes, if any, assessed against the leased premises, and furnish proof of such payment to Driscoll Foundation on or before January 31 of each year during the term of this Lease. 5. MISCELLANEOUS - Laws - City and Driscoll Foundation must comply with all applicable federal, state, and local laws, rules and regulations. Alterations - City, or Sub -Lessee, must not make any additions or alterations to any improvement at the Facility without the Driscoll Foundation's prior written consent. Relationship - This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Driscoll Foundation will act in an individual capacity and not as agents, employees, partners, joint ventures, or associates of one another. The employees or agents of either party are not, nor construed to be, the employees or agents of the other party for any purpose whatsoever. Assignment or Sub -Lease - This Lease, and all obligations hereunder, may not be assigned or sub -leased without prior written approval from Driscoll Foundation. Surface Lease Agreement for Clara Driscoll Baseball Field Page 2 Non -Discrimination - City and Driscoll Foundation covenant that all their respective officers, employees, agents, students, and invitees will be treated equally, without regard to or because of race, religion, national origin, sex, age, or disability, and in compliance with all federal and state laws prohibiting discrimination in employment. Cancellation - This Lease may be cancelled whenever the City fails to comply with the provisions and covenants of this Lease, and fails or refuses to comply after written notice of a violation, recommended cure, and period to cure. Notices - All notices which are required to be sent under this Lease must be sent by certified mail, hand delivered, or electronic delivered as follows: City of Corpus Christi Parks and Recreation Dept P 0 Box 9277 Corpus Christi TX 78469-9277 (361) 826-3460 www.ccparkandrec.com Driscoll Foundation Director of Farm and Ranch 615 N Upper Broadway #1635 Corpus Christi TX 78401-0765 (361) 883-5471 Craig.ShookC,dchstx.orq Waiver - Any waiver to this Lease by either party of a breach of any covenants, terms obligations, or events of default is not a waiver of any subsequent breach, nor does the failure to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. Surrender - Upon expiration or cancellation of this Lease, the City will return the Facility to the Driscoll Foundation in reasonably good condition, ordinary wear and tear excepted. The Driscoll Foundation may cancel and terminate this Lease without cause by giving written notice to the City. This Lease shall then terminate and be cancelled effective six (6) months from the date of receipt of the notice from the Driscoll Foundation, or thirty days after the City completes the use of Surface Lease Agreement for Clara Driscoll Baseball Field Page 3 the Facility for official little league games at the end of the little league baseball season following receipt of such notice, whichever occurs first. Indemnity - To the extent allowed by State Law, the City agrees to indemnify and hold the Driscoll Foundation harmless against any and all claims, demands, costs, and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of City's business on the Premises, or from any breach on the part of the City of any condition of this Lease, or from any act or negligence of the City, its agents, contractors, employees, sub -tenants, sub -Lessee's, concessionaires, or licensees in or about the Premises. In case of any action or proceeding brought against Driscoll Foundation by reason of any such claim, the City, upon notice from the Driscoll Foundation, covenants to defend such action or proceeding by counsel acceptable to Driscoll Foundation. Default - If there is non-compliance with any other terms, Driscoll Foundation will give the City written notice to cure or begin curing the default within thirty (30) days of receipt of the notice. If the cure is not complete or substantially complete within thirty (30) days after City's receipt of the Driscoll Foundation's notice, the Driscoll Foundation may terminate this Lease upon thirty (30) days written notice. Legal form approved _ day of , 2015 By Name , Title , City Attorney. Executed in Duplicate, each of which are considered an original, this the day of , 2015. Surface Lease Agreement for Clara Driscoll Baseball Field Page 4 City of Corpus Christi By Name and Title Apposed widow .11d/ Asa gur� Assistant City Attorney For City Attorney Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation By: Tom E Dobson, Trustee Joe. . Fulton, Trustee ,144te-.2g4,0•24.._ Robert R. Furgasrustee a L. Hinojosa, Trust C. Ivan Wilson, Trustee Surface Lease Agreement for Clara Driscoll Baseball Field Page 5 ExHir4r419" 0 11 S-7/1"Vli W -1 b'rrfh'94.4/ 9.t v1s c r+ e .+ ..'Cir {fi4 _ Q /1 '2L 7L 7.7LJ X7_ JHJ. 0 • „ _ w K 11 1 r/ •1 Ii rya•'. isi r z u_ > 0 tea•^n! L't- - 0 Z u z • J . y • 1 • . • 4 x+ Pry TTI N • •1 .ti n, W, 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 12, 2016 Action Item for the City Council Meeting January 19, 2016 DATE: TO: October 20, 2015 Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 Jeff Edmonds, Director of Engineering JeffE@cctexas.com (361) 826-3851 Resolution for the acquisition of real property rights by eminent domain for the Island Gate Plaza Center Alternative Access Project CAPTION: A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of a Right -of -Way and Temporary Construction Easement known as Parcel 3 for a street improvement project known as the Island Gate Plaza Center Alternative Access Project; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the easement interests in the property owned by Kimco Corpus Christi L.P.; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation described herein by a single record vote of the City Council. PURPOSE: This resolution will be required should it become necessary to proceed with eminent domain proceedings in order to acquire the remaining easement needed for this street project. Council must first determine that a public use and necessity exists for the project and then must delegate its authority to use the power of eminent domain to the City Manager. Eminent domain proceedings will be necessary only if the City and the landowner cannot reach an agreement on the value of the parcel and any damage to the remaining property or if the landowner refuses to sell regardless of price. The resolution also authorizes the City Manager or his designee to execute all real estate purchase contracts and instruments, provided that the amounts are within Council - approved project budgets. On September 1, 2011, Texas Senate Bill 18 also known as SB18, became effective which requires all entities with eminent domain authority to follow certain procedures prior to initiating eminent domain proceedings under Section §21.012 of the Texas Property Code. The new procedures are more restrictive on the condemning authorities and stipulate certain requirements. One of them is the requirement of a vote on the use of eminent domain by a governmental entity under Section 2206.052 of the Texas Government Code. This resolution is in the form required under Senate Bill 18 and other state law requirements. Staff requests Council to adopt and approve the resolution as presented BACKGROUND AND FINDINGS: The Island Gate Plaza Center is a highly developed commercial area located at the southwest corner of Everhart Road and South Padre Island Drive (SPID). Major tenants include Michaels, Best Buy, Ross, Shoe Carnival and Bed Bath & Beyond. Access to the center is currently provided via three driveways located on SPID frontage road and one driveway on Everhart Road. Access to this center from the frontage road is limited to eastbound traffic since the frontage road is one-way eastbound. Access is further complicated by traffic exiting from the SPID main lanes on the Everhart Road off ramp. The traffic volume and weaving movements make this area dangerous for vehicular traffic and difficult for entry into the Center. Access from Everhart Road is limited to southbound traffic and northbound left turns are prohibited by traffic delineators during weekends and holidays, this situation is greatly compounded by higher traffic counts. A previous study performed by HDR Engineering as part of the Traffic Congestion Projects for the City determined that it would be beneficial to construct an access street from Corona Drive to the back of the Island Gate Plaza Center. This rear access way would serve as a multi-purpose traffic solution to: 1) relieve traffic congestion and stacking on the SPID frontage road caused by exiting from the strip center at its SPID driveways; 2) prevent south bound traffic stacking on Everhart Road caused by traffic existing the strip center; and 3) provide an auxiliary access to the rear of the center from Corona which would relieve ingress problems from the other entrances. The new access street will be marked by the City with a traffic control sign at the Corona entrance to identify and facilitate the new entrance for motorists. The access street will be constructed in conjunction with the Corona Drive Street Improvement Project (Bond 2014). The proposed 25 foot wide access street will include a two lanes, with curb, gutter, and 5 -foot pedestrian sidewalk to the rear corner of the strip center. City staff has acquired two of the three parcels required. City staff made an offer of just compensation to the landowner, Kimco Realty, in the amount of $20,500 based on a real estate appraisal obtained by the City. The landowner rejected the City's offer due to concerns of excessive traffic and other safety issues. After further negotiations and discussions on the owner's issues, a subsequent and final offer was made in the amount of $27,800 based on new land sales data. The final offer has not been accepted nor have they provided any counter offer. The landowner has been given written notification of the upcoming Corona Drive street project along with the required Texas Landowner Bill of Rights. The City's offer will remain valid until such time eminent domain proceedings are filed in a court of law. ALTERNATIVES: No alternatives are available for a governmental entity to be able to use of its power of eminent domain. Under Texas law, Council must adopt a resolution at a public meeting by record vote delegating its authority. . OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. The resolution conforms to Senate Bill 18 (SB18), Chapter 21 of the Property Code, and Chapter 2206.052 of the Government Code. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Department 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: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Council Exhibit Resolution Presentation 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS (1) DETERMINING THE PUBLIC NECESSITY AND PUBLIC USE FOR THE ACQUISITION OF A RIGHT-OF-WAY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT, COLLECTIVELY KNOWN AS PARCEL 3, FOR A STREET IMPROVEMENT PROJECT KNOWN AS THE ISLAND GATE PLAZA CENTER ALTERNATIVE ACCESS PROJECT; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTY INTERESTS SUBJECT TO AVAILABILITY OF FUNDS APPROPRIATED FOR SUCH PURPOSES; (3) AUTHORIZING THE CITY MANAGER TO INSTITUTE CONDEMNATION BY EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE EASEMENT INTERESTS IN THE PROPERTY OWNED BY KIMCO CORPUS CHRISTI L.P.; (4) AUTHORIZING PAYMENT PURSUANT TO AN AWARD BY SPECIAL COMMISSIONERS; (5) AUTHORIZING ACCEPTANCE AND RECORDING OF APPROPRIATE LEGAL INSTRUMENTS; AND (6) APPROVING CONDEMNATION FOR ALL UNITS OF PROPERTY TO BE ACQUIRED BY CONDEMNATION OF THE PARCEL DESCRIBED HEREIN BY A SINGLE RECORD VOTE OF THE CITY COUNCIL. WHEREAS, the City of Corpus Christi is in need of a Right -of -Way Easement and Temporary Construction Easement collectively known as Parcel 3, described herein for the purposes of constructing an alternative access way and other street related improvements from Corona Drive to the rear of Island Gate Plaza, WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of Rights, have been provided to the landowner; and, WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with no Councilmember objecting to adoption by single resolution for all units of property for which condemnation proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and, WHEREAS, the Right -of -Way and Temporary Construction Easements are necessary to advance the public uses recited herein; and, WHEREAS, Texas Government Code Section 2206.053 (f) provides that if a project for a public use will require a governmental entity to acquire multiple tracts or units of property to construct facilities connecting one location to another location, the governing body of the governmental entity may adopt a single ordinance, resolution, or order by record vote that delegates the authority to initiate condemnation proceedings to the chief administrative official of the governmental entity; and, WHEREAS, based on an engineering study, the location of said alternative access and street related improvements optimizes the enhancement and adequacy of municipal streets; 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. Section 2. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct the Island Gate Plaza Center Alternative Access Project, and it is in the public interest to acquire the Right -of -Way and Temporary Construction Easements collectively known as Parcel 3, as described by metes and bounds in Exhibit "A" and depicted in Exhibit "B," attached hereto and incorporated herein, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its municipal street system. Section 3. That the City Manager, or designee, is hereby authorized on behalf of the City to take all steps necessary to acquire the easement interests for the Island Gate Plaza Center Alternative Access Project, including acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If such offer and an agreement as to damages and compensation cannot be reached, then the City Manager is delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against Kimco Corpus Christi, L.P. and interested parties of the property, proceedings in eminent domain in accordance with State law to acquire the easement interests in the property. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is authorized to issue payment pursuant to an award by Special Commissioners in the condemnation matter. Section 4. That the City Manager or designee is fully authorized to negotiate and make final offers, and to execute the contracts and instruments necessary to purchase and acquire all properties necessary and to pay for said properties provided the amounts paid are within the Council approved project budgets, all without requiring additional City Council consideration or approval. Section 5. That this resolution authorizing condemnation proceedings over the parcel of property described and depicted in Exhibits A and B, shall be approved by single record vote of the City Council. Section 6. That this Resolution shall take effect immediately from and after its passage and it is so resolved. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor PASSED AND APPROVED, this the day 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 3 4 Exhibit "A" ISLAND GATE PLAZA ACCESS CITY PROJECT NO. 6284 PARCEL THREE PERMANENT EASEMENT Being all that part of Block CR, Levek Tract as recorded in Vol. 56, Pg 130, M.R.N.C.T., described as follows: Beginning at the southwesterly corner of Block CR, Thence N 29° -01'-00" E along the westerly line of Block CR, a distance of 57.00 feet; Thence S 60° -59'40" E, a distance of 36.00 feet; Thence S 29° -01'-00" W a distance of 57.00 feet to a point on the southerly line of Block CR; Thence N 60° -59'-00" W along the southerly line of Block CR, a distance of 36.00 feet; to the point of beginning And containing 2,052 square feet more or Tess. TEMPORARY CONSTRUCTION EASEMENT Being all that part of Block CR, Levek Tract as recorded in Vol. 56, Pg 130, M.R.N.C.T., described as follows: Beginning at a paint on the westerly line of Block CR N 29° -01'-00" E, a distance of 57.00 feet from the southwesterly corner of Block CR, Thence N 29° -01'-00" E along the westerly line of Block CR, a distance of 15.00 feet; Thence S 60° -59'-00" E, a distance of 51.00 feet; Thence S 29° -01'-00" W a distance of 72.00 feet to a point on the southerly line of Block CR; Thence N 60° -59'-00" W along the southerly line of Block CR, a distance of 15.00 feet; Thence N 29° -01'-00" E a distance of 57.00 feet Thence N 60° -59'-00" W a distance of 36.00 feet to the point of beginning And containing 1,620 square feet more or Tess. <Ia..' 4.i Fp ^ r• I t.r3RGE RI}®ALCADAi i ,o. • ci4229/Ofip 9A glU�ilw�'i / OWNER: PADRE ASSOCIATES C/0 TRESTER INTERESTS 33 KINGS HWY EAST HADDONFIELD, NJ 08003 MARKS TRACT LOT 6, BLOCK 2 VOL. 43, P. 135 M.R.N.C.T. Exhibit "B" // 4 / / 6:0 � S,O' \ OO 15' WIDE TEMPORARY CONSTRUCTION EASEMENT / /462)c,' LEVEK TRACT / VOL. 56, P. 130 BLOCK CR M.R.N.C.T. F..}-,\. �o• \ r \ 4-1 / w /7/ / / / .1i. 8%,� GEORGE 'UBALCAOA /42 LEVEK TRACT LOT 23, BLOCK D VOL. 41, P. 174-175 M.R.N.C.T. TOTAL PARCEL 591,315.22 SF TAKING 2052.00 REMAINDER 589,241.22 TEMP. CONST. ESMT. 1620.00 PARCEL NO. 3 SCALE: 1 "=30' CITY OF CORPUS CHRISTI ISLAND GATE PLAZA PARCEL NO. 3 HDR PROJECT NUMBER: 86246 CITY PROJECT NO. 6284 DATE 10-17-2008 FIGURE 03 5 Island Gate Plaza Center Alternate Access Route CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 ,...\•......... Island Gateway Plaza Center Alternate Access Route Corpus Chr sti Engineering Council Presentation January 12, 2016 Project Location �hrsti Engineering Project Location SOUTH PADRE ISLAND DRIVE �hrsti Engineering - Project Location PARCEL 2 Michaels Best Buy PARCEL 3 r L' ()CATION MAP V7-7 TO SC,LE PROJECT 641 4000 Corpus Chr sti Engineering Location Issues Corpus Chrsti Engineering • Access to the center is via 3 driveways on SPID frontage and 1 on Everhart Road Frontage road is limited to one-way traffic and complicated by traffic exiting SPID by Everhart Road off -ramp Traffic volume and weaving movements make area dangerous for vehicular traffic and limit entrance into center • Traffic volume greatly increases during rush hour, weekends, holidays • Access from Everhart Road limited to one-way traffic and traffic delineators prohibit northbound traffic Traffic stacking along both streets results in unsafe driving conditions. • Access to the center via a new rear entrance would address safety concerns Relieve traffic congestion and stacking on SPID frontage road and Everhart Provide a new access from Corona Drive relieving ingress from other entry points. Would compliment the Bond 2014 project Corona Drive from Flynn Parkway to Everhart Road. AGENDA MEMORANDUM Future item for the City Council Meeting of January 12, 2016 Action item for the City Council Meeting of January 19, 2016 DATE: January 7, 2016 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 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 CAPTION: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Engineering Construction Contract CCIA Runway 18 MALSR Station 12 & 14 Access Safety & Site Improvements Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $523,153 for the Corpus Christi International Airport (CCIA) Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Stations 12 & 14 Access Safety & Site Improvements for the Base Bid, with 90% of the contract funded by Federal Aviation Administration (FAA) grant. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Bay, Ltd. of Corpus Christi, Texas for the CCIA Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Stations 12 & 14 for safety & site improvements. BACKGROUND AND FINDINGS: This project includes paving, drainage and traffic safety improvements for the access to work sites for Runway 18 MALSR Stations 12 and 14. This project does not include any work within airport property, but is located within the immediate vicinity of said Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) stations (with operating equipment for Runway 18 landing approaches). Construction of this project will be coordinated with TXDOT, FAA and CCIA to ensure compliance with all applicable requirements. The paving includes approximately 1,400 square yards of concrete pavement and 300 linear feet of new and relocated concrete safety barrier. Additive Alternate One includes 290 linear feet of concrete drainage flume for Station No. 14 and it will not be constructed at this time. This project was designed and re -bid twice in attempt to maximize competition. Only one bid was received both times. The City does not believe a third re -design and re -bid will be of any benefit. On July 29, 2015, the City received proposals from one (1) bidder and the bid is as follows: Contractor Base Bid Add Alt 1 Total Bay, Ltd. Corpus Christi, Texas $523,153.00 $13,050.00 $536,203 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, KSA Engineers evaluated single bid and determined that Bay, Ltd. was the lowest responsible bidder. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2015-2016 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $700,617 $700,617 Encumbered / Expended Amount This item 523,153 523,153 Future Anticipated Expenditures This Project 177,464 177,464 BALANCE 0.00 0.00 Fund(s): FAA Grant and Airport CIP RECOMMENDATION: City staff recommends that the construction contract be awarded to Bay, Ltd. of Corpus Christi, Texas in the amount of $523,153.00 for the CCIA Runway 18 MALSR Stations 12 & 14 Access Safety & Site Improvements for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET CCIA Runway 18 MALSR Station 12 & 14 Safety Enhancement Project No. E11046B FUNDS AVAILABLE: Airport CIP $ 700,617.00 TOTAL $ 700,617.00 FUNDS REQUIRED: Construction (Bay, Ltd.) $ 523,153.00 Contingencies (10%) 52,315.00 Construction Materials Testing (Rock Engineering) 5,000.00 Design Fees: Engineer (KSA Engineers)* 83,649.00 Reimbursements: Total Reimbursements $ 36,500.00 Administration/Finance (Capital Programs/Capital Budget/Finance) 9,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 26,000.00 Misc. (Printing, Advertising, etc.) 1,500.00 TOTAL $ 700,617.00 ESTIMATED PROJECT BALANCE $ * Original Engineering Contract awarded by City Council May 17, 2011, M2011-120. This amount reflects Design and Engineering Fees for this project only. Corpus Christi International Airport Project Vicinity CCIA MALSR Runway 18 MALSR Station 12 and 14 Safety Enhancement PROJECT:' `° ` 1046B CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 wf 4rEXISTING MALSR WITH ACCESS ROAD / A PROPOSED MALSR STA. 12 AND 14 SITE IMPROVEMENTS 057. PROJECT LOCATION 35 LOCATION MAP NOT TO SCALE PROJECT: E11046B CCIA MALSR Runway 18 MALSR Station 12 and 14 Safety Enhancement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Cr!: CORPUS CHRISTI INTERNATIG'. _ 11 Corpus Chr sti Capital Programs Corpus Christi International Airport CCIA Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Station 12 & 14 Safety Enhancement Council Presentation January 12, 2016 Project Location i•r4) Corpus Chrsti Capital Programs Corpus Christi International Airport Project Vicinity PROJECT LOCATION G7 TO PROJECT_ El 1042B. 1 Project Layout Corpus Chr sti Capital Programs AGNES ST 11 INTERNATIONAL DR r////j PROJECT LOCATION 35 K CC LLJ uJ BEAR LN 3 Project Scope 111L5110 Corpus Chr'sti Capital Programs Project includes: • This project includes paving, drainage and traffic safety improvements for the access to and work sites for Runway 18 MALSR Stations 12 and 14. • Approximately 1400 square yards of concrete pavement. • 300 linear feet of new and relocated concrete safety barrier. Project Schedule 111L5110 Corpus Chr'sti Capital Programs 2015 2016 Jul Aug Sep Oct Nov Dec Ja n Re -Bid / Award Feb Mar Apr Project Estimate: 90 Calendar Days 3 Months AGENDA MEMORANDUM Future item for the City Council Meeting of January 12, 2016 Action item for the City Council Meeting of January 19, 2016 DATE: December 22, 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 Capital Programs jeffreye@cctexas.com (361) 826-3851 Amendment No. 1 Groundwater Monitoring at Cefe Valenzuela Municipal Landfill for FY 2015-2016 CAPTION: Motion authorizing the City Manager, or designee, to extend the timeframe of this agreement by executing Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers of Corpus Christi, Texas in the amount of $100,400 for a restated fee not to exceed $125,300 for the Groundwater Monitoring at Cefe Valenzuela Municipal Landfill for the fiscal year 2015-2016. PURPOSE: The purpose of this Agenda Item is to authorize the selected firm to prepare the annual ground -water monitoring report as specified by the Texas Commission on Environmental Quality (TCEQ). BACKGROUND AND FINDINGS: The Cefe Valenzuela landfill is located southeast of Petronila, Texas and comprises approximately 245 acres in unit one. The landfill is a Type 1 Municipal Solid Waste facility that receives domestic waste and wastewater treatment plant sludge. It is the only operating municipal landfill for the City of Corpus Christi. This contract amendment is necessary to meet TCEQ landfill permit requirements. The permit requires two annual groundwater testing and reporting cycles under TCEQ Title 30 Administrative Code 330 Subchapter J Groundwater Monitoring and Corrective Action. An initial small AE contract was administratively approved to complete the groundwater sampling and laboratory testing of 30 monitoring wells and 3 samples from the leachate collection system. This amendment provides for the analysis and specific reporting requirements for complete permit compliance including: • Groundwater sampling from 30 groundwater wells and the 3 leachate systems, • Laboratory testing of each sample for 15 metals and volatile organic compounds, • Analysis of lab data for compliance, • Verification re -sampling and testing for samples that exceed the TCEQ limit, and • Annual Reporting to TCEQ ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not Recommended) OTHER CONSIDERATIONS: Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2014-03. CONFORMITY TO CITY POLICY: The Engineering Contract and selection process comply with the Professional Procurement Act and City Policy. Tolunay-Wong Engineers, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Total Budget $140,000 $140,000 Encumbered / Expended Amount 24,900 $24,900 This item 100,400 100,400 Future Anticipated Expenditures This Project 5,950 5,950 BALANCE 8,750 8,750 Fund(s): Comments: RECOMMENDATION: City staff recommends approval of Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers, Inc. in the amount of $100,400 for a restated fee of $125,300 for the Groundwater Monitoring at Cefe Valenzuela Municipal Landfill for fiscal year 2015-2016. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE GROUNDWATER MONITORING AT CEFE VALENZUELA LANDFILL FY 2015-2016 E15218 PROJECT FUNDS AVAILABLE: Landfill Operating $ 140,000.00 TOTAL 140,000.00 FUNDS REQUIRED: Fees: Engineering (Tolunay-Wong Engineers) 24,900.00 Engineering (Tolunay-Wong Engineers) Amendment No. 1 100,400.00 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget)(1.50%) 2,100.00 Engineering Services (Project Mgt/Constr Mgt)(2.25%) 3,150.00 Misc. (Printing, Advertising, etc.) 700.00 TOTAL 131,250.00 ESTIMATED PROJECT BUDGET BALANCE $ 8,750.00 Groundwater Monitoring at Cefe Valenzuela Landfill 2015-2016 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 "11 111 Corpus Chr sti Engineering Groundwater Monitoring at Cefe Valenzuela Municipal Landfill FY 2015-2016 Council Presentation January 12, 2016 Project Location �hrsti Engineering 2 Project Scope �hrsti Engineering TCEQ Permit Required Groundwater Testing • Groundwater sampling from 30 groundwater wells and the 3 leachate systems • Laboratory testing of each sample for 15 metals and volatile organic compounds • Analysis of lab data for compliance • Verification re -sampling and testing for samples that exceed the TCEQ limit • Annual Reporting to TCEQ Project Schedule �hrsti Engineering 2015 2016 Nov I Dec I Jan I Feb I Marl Apr 1Nlayl Jun I Jul lAuglSep Monitoring Project Estimate: 365 Calendar Days 12 Months CITY OF CORPUS CHRISTI AMENDMENT NO. 1 TESTING AGREEMENT This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and TOLUNAY-WONG ENGINEERS, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Don Rokohl P.E., Branch Manager. which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Groundwater Monitoring at Cefe Valenzuela Municipal Landfill (Project No. E15218) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $100,400.00 for a restated fee not to exceed $125,300.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. 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 and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI TOLUNAY-WONG ENGINEERS, INC. Ron Olson City Manager RECOMMENDED (Date) Gustavo Gonzalez, P.E. Assistant City Manager of Public Works and Utilities (Date) Valerie H. Gray, P.E. (Date) Executive Director of Public Works Operating Department (Date) APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) Don R. Rokohl, P.E. Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 (361) 884-5050 Office (Date) MENGINEERING DATAEXCHANGE\ANGIEMISOLID WASTEBE15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-2016WMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 APPROVED Office of Management (Date) and Budget ATTEST Rebecca Huerta City Secretary Project No. E15218 Accounting Unit: 1020-12506-033 Account: 530000 Activity: E15218011020EXP Account Category: 30000 Fund Name: Solid Waste Operating Encumbrance No. KIENGINEERING DATAEXCHANGEWNGIEMISOLID WASTE\E15216 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-2016AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 3 S EXHIBIT A Scope of Services and Fee Schedule KIENGINEERING DATAEXCHANGE ANGIEMISOLID WASTEIE15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-201&AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15115 (10 Tolunay-Wong Engineers, Inc. Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM@cctexas.com 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (361) 884-5050 November 30, 2015 TWE Proposal No. P1 5-E097 COST PROPOSAL FOR GROUNDWATER MONITORING AT CEFE VALENZUELA MUNICIPAL LANDFILL FOR FISCAL YEAR 2015 - 2016 CORPUS CHRISTI, NUECES COUNTY, TEXAS Dear Mr. Mikolajczk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above -referenced facility for the City of Corpus Christi's (City) fiscal year of 2015 to 2016. This proposal presents the fees for groundwater monitioring Part 11. The fees for groundwater monitoring Part I were presented in the proposal dated November 17, 2015 Background The Site is located southeast of Petronila, TX, and the active area comprises approximately 300 acres. The landfill is a Type I Municipal Solid Waste (MSW) facility that receives domestic waste and wastewater treatment plant sludge. It is currently in active status and groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC ).330 Subchapter J Groundwater Monitoring and Corrective Action. Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR Part 258, Appendix I. In the detection monitoring program for this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. Statistical background concentrations are current up through 2014 and will not require any additional updates until the end of 2016. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City of Corpus Christi's program for groundwater monitoring in accordance with the requirements of 30 TAC Subchapter J. The groundwater -monitoring program includes consistent sampling and analysis procedures that are designed to ensure Mr. Lawrence Mikolajczyk TWE Proposal No. P15 -E097 November 30, 2015 Page 2 monitoring results that provide an accurate representation of groundwater quality at the Cefe Valenzuela facility. Scope of Work The Scope of Work includes three tasks 1. Semiannual Detection Monitoring of the 30 monitoring wells (MW 1-19, 40-46 plus deep wells MW -2B, MW -I 1B, MW -12B and MW -13B) for the 15 total metals and volatile organic compounds specified in the current GWSAP. In keeping with prior years of groundwater monitoring, iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon will be analyzed to facilitate the identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, 6 samples (3 per event) will be collected from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This will also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2. Verification re -sampling for wells that exceed the statistically determined background concentration limit. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City and three hard copies to the TCEQ. The scope of work presnted in the cost proposal dated November 17, 2015 requested sufficient funding to only conduct semiannual sampling for 2015. The scope of work presented herein includes the remaining tasks detailed above. Schedule The schedule outlined herein takes up with where the November 17 proposal leaves off, i.e., after the completion of the second semiannual sampling event of 2015 and after an initial notice of exceedance (if necessary) has been submitted to the TCEQ. As required by regulation, any verification sampling must be conducted and reported within 120 days of the 2nd semiannual sampling event of 2015. This period of time will allow up to two verification sampling events along with data review and incorporation into the 2015 Annual Report scheduled to be issued in April 2016. TWE proposes to conduct the first semiannual sampling event of 2016 in April/May 2016. The period following the 1st semiannual event of 2016 will also be utilized for verification sampling if required. The 2016 semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Verification sampling, if required, is expected to take no more than 3 days for each event with analytical TAT again requiring two working weeks. All groundwater sampling results acquired in the first eight months of 2016 will be retained for reporting in the 2016 Annual report which is not covered under this cost proposal but will come under the 2016-2017 fiscal year. Mr. Lawrence Mikolajczyk TWE Proposal No. P15 -E097 November 30, 2015 Page 3 Proposed Project Costs TWE will conduct the investigation on a time and material basis for a not -to -exceed base price of $100,400. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor $ 28,950 ODCs $ 4,700 Analytical $ 21,630 Reporting $ 33,350 Project Management $ 11,770 Project Total $ 100,400 Limitations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. Closing Remarks If you have any questions or need additional information, please contact me at (713) 722-7064 or by e-mail at drokohlAtweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. P. Jed Don Rokohl, P.E. Corpus Christi Branch Manager Paul Wild Vice President Environmental Services Division Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT B TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Fumish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; K:IENGINEERING DATAEXCHANGE ANGIEMISOLID WASTEIE15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20181AMENDMENT 11151215 TESTING AGREEMENT.DOC Rev. 12/15/15 (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or KIENGINEERING DATAEXCHANGSANGIEMISOLID WASTE1E15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-2016 AMENDMENT 1\15-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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 must be outside policy limits) 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. KIENGINEERING DATAEXCHANGEANGIEMISOLID WASTE\E15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20181AMENOMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,0001$500, 000 /$500,000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab 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 Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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 Tess than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) 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; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) 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. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. K:IENGINEERING DATAEXCHANGE ANGIEMISOLID WASTE\E15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 201 5-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12115115 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11,3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. K: ENGINEERING DATAEXCHANGE1ANGIEM4SOLID WASTE1E15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15115 ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. KIENGINEERING DATAEXCHANGEVANGIEMISOLID WASTE1E15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20181AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12715/15 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Feei Basic Services Fees Additional Services Fees Total of Fees EXHIBIT C Monthly Invoices COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 82,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0°% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% 86,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% K:IENGINEERING DATAEXCHANGEVWGIEMISOLID WAS -ME -15218 GROUNDWATER MONITORING AT CEFE VALENZUELA2015-2016WMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION air... City of Corpus 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: Tolunay-Wong Engineers, Inc. P. O. BOX: N/A STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other B 3. Sole Owner 0 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) 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." Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name //� Committee Board, Commission or 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." Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public ingeneral or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 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: Don R. Rokohl, P.E. Tide: Branch Manager (Type or Print) Signature of Certifying Person: - (2414 DEFINITIONS Date: Z . 1 l• /5- a. 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 January 12, 2016 Action item for the City Council Meeting of January 19, 2016 DATE: December 21, 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 Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Amendment No. 1 Groundwater Monitoring at J.C. Elliott Municipal Landfill FY 2015-2016 Motion authorizing the City Manager, or designee, to extend the timeframe of an agreement by executing Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $94,810 for a restated fee of $117,900 for the Groundwater Monitoring at the J.C. Elliott Municipal Landfill for fiscal year 2015-2016. PURPOSE: The purpose of this Agenda Item is to authorize the selected firm to prepare the annual ground -water monitoring report as specified by the Texas Commission on Environmental Quality (TCEQ). BACKGROUND AND FINDINGS: The J.C. Elliott municipal landfill site is located at 7001 Ayers Street and comprises approximately 313 acres. The landfill is a Type 1 Municipal Solid Waste facility and is currently in post -closure care. Groundwater is being monitored on a semi-annual basis under the detection monitoring program specified by Texas Commission on Environmental Quality (TCEQ). This contract amendment is to meet TCEQ landfill permit requirements. The permit requires two annual groundwater testing and reporting cycles under TCEQ Title 30 Administrative Code 330 Subchapter J Groundwater Monitoring and Corrective Action. An initial small AE agreement was administratively approved for the groundwater sampling and laboratory testing of 23 monitoring wells and 3 samples from the leachate collection system. This amendment provides for the analysis and specific reporting requirements for permit compliance including: • Groundwater sampling from 23 groundwater wells and the 3 leachate systems • Laboratory testing of each sample for 15 metals and volatile organic compounds, • Analysis of lab data for compliance, • Verification re -sampling and testing for samples that exceed the TCEQ limit, • Annual Reporting to TCEQ ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not Recommended) OTHER CONSIDERATIONS: Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2014-03. CONFORMITY TO CITY POLICY: The Engineering Contract and selection process comply with the Professional Procurement Act and City Policy. Tolunay-Wong Engineers, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Total Budget $130,000.00 $130,000.00 Encumbered / Expended Amount 23,090.00 23,090.00 This item 94,810.00 94,810.00 Future Anticipated Expenditures This Project 5,525.00 5,525.00 BALANCE $6,575.00 $6,575.00 Fund(s): Comments: RECOMM ENDATION: City staff recommends the approval of Amendment No. 1 with Tolunay-Wong Engineers, Inc. in the amount of $94,810 for a restated fee of $117,900 for the Groundwater Monitoring at the J.C. Elliott Municipal Landfill for fiscal year 2015-2016. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE GROUNDWATER MONITORING AT J.C. ELLIOTT LANDFILL FY 2015-2016 E15217 PROJECT FUNDS AVAILABLE: Landfill Operating $ 130,000.00 TOTAL 130,000.00 FUNDS REQUIRED: Fees: Engineer (Tolunay-Wong Engineers) 23,090.00 Engineer (Tolunay-Wong Engineers) Amendment No. 1 94,810.00 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget)(1.50%) 1,950.00 Engineering Services (Project Mgt/Constr Mgt)(2.25%) 2,925.00 Misc. (Printing, Advertising, etc.) 650.00 TOTAL 123,425.00 ESTIMATED PROJECT BUDGET BALANCE $ 6,575.00 Groundwater Monitoring at J.C. Elliot 2015-2016 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Groundwater Monitoring at J. C. Elliott Municipal Landfill FY 2015-2016 111 Corpus Chr sti Engineering Council Presentation January 12, 2016 Project Location �hrsti Engineering 2 Project Scope �hrsti Engineering TCEQ Permit Required Groundwater Testing • Groundwater sampling from 23 groundwater wells and the 3 leachate systems • Laboratory testing of each sample for 15 metals and volatile organic compounds • Analysis of lab data for compliance • Verification re -sampling and testing for samples that exceed the TCEQ limit • Annual Reporting to TCEQ Project Schedule �hrsti Engineering 2015 2016 Novl Decl Jan I Febl Marl Apr I Mayl Jun l Jul lAug Sep Monitoring Project Estimate: 365 Calendar Days 12 Months 4 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 TESTING AGREEMENT This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and TOLUNAY-WONG ENGINEERS. INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Don Rokohl P.E., Branch Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Groundwater Monitoring at J. C. Elliott Municipal Landfill (Project No. E15217) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $94.810.00 for a restated fee not to exceed $117.900.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. 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 and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI TOLUNAY-WONG ENGINEERS, INC. Ron Olson City Manager RECOMMENDED (Date) Gustavo Gonzalez, P.E. Assistant City Manager of Public Works and Utilities (Date) Valerie H. Gray, P.E. (Date) Executive Director of Public Works Operating Department (Date) APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) Don R. Rokohl, P.E. Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 (361) 884-5050 Office (Date) KIENGINEERING DATAEXCHANGEIANGIEMISOLID WASTEIE15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 APPROVED Office of Management (Date) and Budget ATTEST Rebecca Huerta City Secretary Project No. E15217 Accounting Unit 1020-12530-033 Account: 530000 Activity: El 5217011020EXP Account Category: 30000 Fund Name: Solid Waste Operating Encumbrance No. K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-2016 AMENDMENT 1\15-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 EXHIBIT A Scope of Services and Fee Schedule K:IENGINEERING DATAEXCHANGEWNGIEM4SOLID WA5TE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015.2016 AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 Tolunay-Wong Engineers, Inc. 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (361) 884-5050 November 30, 2015 TWE Proposal No. P15 -E096 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM a:.cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT J C ELLIOTT MUNICIPAL LANDFILL FOR FISCAL YEAR 2015 — 2016 (Part II) CORPUS CHRISTI, NUECES COUNTY, TEXAS Dear Mr. Mikolajczyk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above -referenced facility for the City of Corpus Christi's (City) fiscal year of 2015 to 2016. This proposal presents the fees for groundwater monitoring Part II. The fees for groundwater monitiroing Part I were presented in the proposal dated November 17, 2015 Background The Site is located at 7001 Ayers St, Corpus Christi, Texas and comprises approximately 313 acres. The landfill is a Type 1 Municipal Solid Waste (MSW) facility that received domestic waste and wastewater treatment plant sludges. It is currently in post -closure care and the groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC )030 Subchapter J Groundwater Monitoring and Corrective Action, Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR Part 258, Appendix 1. For the detection monitoring program at this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. Statistical background concentrations are current up through 2014 and will not require any additional updates until the end of 2016. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City's program for groundwater monitoring in accordance with the Mr. Lawrence Mikolajczyk TWE Proposal No. P15 -E096 November 30, 2015 Page 2 requirements of 30 TAC Subchapter J. The groundwater -monitoring program includes consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the J C Elliott facility. Scope of Work The Scope of Work includes three tasks 1. Semiannual Detection Monitoring of the 23 monitoring wells (Wells MW 1-2, 4-5, 7, 12, 16- 32) for the 15 total metals and volatile organic compounds specified in the current GWSAP. In keeping with prior years of groundwater monitoring, iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon will be analyzed to facilitate the identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, 6 samples (3 per event) will be collected from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This will also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2. Verification re -sampling for wells that exceed the statistically determined background concentration limit. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City of Corpus Christi and three hard copies to the TCEQ. The scope of work presented in the cost proposal dated November 17, 2015 requested sufficient funding to only conduct semiannual sampling for 2015. The scope of work presented herein includes the remaining tasks detailed above. Schedule The schedule outlined herein takes up with where the November 17 proposal leaves off, i.e., after the completion of the second semiannual sampling event of 2015 and after an initial notice of exceedance (if necessary) has been submitted to the TCEQ. As required by regulation, any verification sampling must be conducted and reported within 120 days of the 2nd semiannual sampling event of 2015. This period of time will allow up to two verification sampling events along with data review and incorporation into the 2015 Annual Report scheduled to be issued in April 2016. TWE proposes to conduct the first semiannual sampling event of 2016 in April/May 2016. The period following the Is' semiannual event of 2016 will also be utilized for verification sampling if required. The 2016 semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Verification sampling, if required, is expected to take no more than 3 days for each event with analytical TAT again requiring two working weeks. All groundwater sampling results acquired in the first eight months of 2016 will be retained for reporting in the 2016 Annual report which is not covered under this cost proposal but will come under the 2016-2017 fiscal year. Mr. Lawrence Mikolajczyk TWE Proposal No. P15 -E096 November 30, 2015 Page 3 Proposed Protect Costs TWE will conduct the investigation $94,810. A cost breakdown for the Field Sampling Activities (includes Labor ODCs Analytical Reporting Project Management on a time and major tasks is 2 Verification material basis for a not -to -exceed base price of summarized below. Sampling Events) Project Total $ 25,150 $ 4,700 $ 22.030 $ 28,920 $ 14,010 $ 94,810 Limitations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. Closing Remarks If you have any questions or need additional information, please contact me at (361) 884-5050 or by e-mail at drokohl(&,,tweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. Don Rokohl, P.E. Corpus Christi Branch Manager Paul Wild Vice President Environmental Services Division is/ 0=a --- Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT B TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; K:IENGINEERING DATAEXCHANGE ANGIEMISOLID WASTEIE15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12115115 (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 6. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTEIE15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-201eAMENDMENT 1115.1215 TESTING AGREEMENT.DOC Rev. 12115/15 breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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 must be outside policy limits) 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. K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT .1 C ELLIOTT 2015-2016MMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,0001$500,000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab 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 Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) 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; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) 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. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. K:IENGINEERING DATAEXCHANGE ANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:/lwww.cctexas.com/govern menticity-secretary!conflict-d isclosurelindex. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. K:IENGINEERING DATAEXCHANGEIANGIEM4SOLID WASTElE15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-2016\AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15115 ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-2016%AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT C Monthly Invoices COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%- 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0°% 2,500 0 1,000 3,500 0 0 0 0°% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0°% 0 0 1,627 1,627 0 0 0 0°% TBD TBD TBD TBD TBD TBD TBD 0°% TBD TBD TBD TBD TBD TBD TBD 0°% TBD TBD TBD TBD TBD TBD TBD 0°% 52,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 51,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% KtENGINEERING DATAEXCHANGE\ANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12115/15 SUPPLIER NUMBER TO BE ASSIGNED BV CI 1 Y PURCHASING DIVISION City of Corpus 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 providepthe following information. Every question must be answered. If the question is not applcable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Tolunay-Wong Engineers, Inc. P. O. BOX: N/A STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other a 3. Sole Owner 0 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 r / 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." Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Committee Board, Commission or 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)} CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Don R. Rokohl, P.E. Title: Branch Manager (Type or Print) Signature of Certifying Person: g- vdt4 DEFINITIONS Date: Z _ f t . /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." "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. g. AGENDA MEMORANDUM Future Item for the City Council Meeting of January 12, 2016 Action Item for the City Council Meeting of January 19, 2016 DATE: TO: Ronald L. Olson, City Manager December 1, 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 Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016 CAPTION: Motion authorizing the City Manager or designee to execute Year One Renewals of a construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 and a professional services contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $84,480 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016; authorizing administrative renewals for Year Two Services in accordance with contract terms. PURPOSE: The purpose of this agenda item is to obtain authority to execute renewal year one to a construction contract and a professional services contract for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015- 2016 and to provide for administrative approval of FY 16-17. BACKGROUND AND FINDINGS: This project supports the ongoing program to reduce storm water and ground water inflows to the wastewater collection system. This item includes both the continued engineering and construction contracts for the next two years. The construction contract is the renewal of the Indefinite Delivery Indefinite Quantity (IDIQ) contract and work will include the citywide replacement and upgrades to approximately 3,350LF of the existing wastewater cleanouts and pipeline from the cleanout to the City main. This project also provides for repair and adjustment of approximately 165 wastewater manholes and 66 storm water manholes to the extent funding allows. The contract with Engineering Construction Management Services (ECMS) will provide for engineering and construction observation services for this project. ECMS was selected for this work based on their experience and successful delivery of this program for several years. ALTERNATIVES: 1. Authorize the execution of the construction contract renewal and the professional services contract. 2. Do not authorize the execution of the construction contract renewal and the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: The renewal of both the construction and engineering contracts for Fiscal Year 16-17 will be administratively approved. 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 $778,028.00 $778,028.00 Encumbered / Expended Amount This Item (RCM) $657,391.00 $657,391.00 This Item (ECMS) $84,480.00 $84,480.00 Future Anticipated Expenditures This Project $36,157.00 $36,157.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Operating Comments: This project requires approximately 365 calendar days with anticipated completion January 2017. The contract will result in the expenditure of an amount not to exceed $657,391 for the construction contract renewal and $84,480 for the professional services contract. Funding for next fiscal year will be contingent upon approval of the Fiscal Year 2017 Utility Operating Budget. RECOMMENDATION: City Staff recommends approval of a construction contract renewal with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 and to execute a professional services contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $84,480, for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016 for construction observation services and to provide for administrative approval of FY 2016-2017. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WASTEWATER SERVICE LINE REPAIR & CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2015-2016 FUNDS AVAILABLE: Wastewater Operating $778,028 FUNDS REQUIRED: Construction (RCM Constructors, Inc.) $657,391 Engineer Fees: Construction Observation Services (ECMS, LLC) $84,480 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $11,504 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) $21,365 Misc $3,288 TOTAL $778,028 PROJECT BUDGET BALANCE $0 Wastewater Service Line Repair and Clean -Out Installation and Manhole Ring and Cover Adjustment Program 2015-2016 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Carpus Chr sti Engineering Wastewater Service Line Repair & Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016 Council Presentation January 12, 2016 Location Map Corpus Chr sli Engineering City of Corpus Christi -- Wastewater Service Areas •WaSteWaterneaemem Plant Miles 0 2 a iz Gag Gaeenwo d ;y116 2 veto La9ui/a M J e. Whitecap 2 Project Scope Corpus Chr sti Engineering This project supports the ongoing Citywide program to reduce storm water and ground water from the wastewater collection system. The work includes the following: • Replacement and upgrades to approximately 3,350LF of the existing wastewater cleanouts and pipeline from the cleanout to the City main. • Repair and adjustment for approximately 165 wastewater manholes and 66 storm water manholes. • Associated work to include excavation, backfill, pavement repairs, landscaping, etc. Project Schedule Corpus Chr'sti Engineering Fe b Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Construction Project Estimate: 365 Calendar Days = 12 Months Projected Schedule reflects City Council award in January 2016 with anticipated construction completion by January 2017. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES Renewal No. 1 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Engineering & Construction Management Services, LLC (ECMS), a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer—AIE), hereby agree as follows: 1. SCOPE OF PROJECT Wastewater Service Line Repair and Clean -Out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016 (Project No. El 5211) — This project is for the locating and the excavation of existing service lines; replacing approximately 3,350 linear feet of wastewater service lines from the clean-out to the bend and from the bend to the City main; 165 Sanitary Sewer and 66 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The work period will be 365 calendar days. The initial contract, approved by City Council on September 30, 2014, was for the base year with an option for two 1 -year renewals. This is the first year renewal of the contract. The second year renewal will be administratively approved. Engineering & Construction Management Services, LLC (ECMS) will provide construction observation services including field inspection of the work in progress, coordination with the Contractor, City and testing laboratory, planning/coordination of the next work orders and documentations of all work completed and approved. ECMS is recommended to provide these services based upon their expertise and past construction management of similar work. ECMS has provided similar services since the original contract in FY 2011. 2. SCOPE OF SERVICES The NE hereby agrees 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", to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 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. Contract for Professional Services Page 1 of 7 KIENGINEERING DATAEXCHANGELIENN1FERIWASTEWATER1E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING & COVER ADJUSTMENT 20161CONTRACTICONTRACT W MODIFIED INSURANCE AND INDEMNITY DOC 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $84,480.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Contract for Professional Services Page 2 of 7 K]ENGINEERING OATAEXCHANGEUENNIFERSWASTEWATER\EI5211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RINGS COVER An of ter..z.er ten. a nnurn . n+. nn.ern Any .....nn ries m.. Lie ..m nme... nry nnn 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. 6. INSURANCE 6.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Consultant must fumish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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 shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and Contract for Professional Services Page 3 of 7 K.IENGINEERING DATAEXCHANGELIENNIFERLWASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 8 COVER • n n MTh 11C1.7 nn. a nn. rrn • r nrn.nn • rr u...,,n.rien u.e. ,n •..re . un ...ne.....r.. nnn 6.3 In the event of accidents of any kind related to this agreement, Consultant must fumish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 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. 6.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 6.6 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 the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 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: 6.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; Contract for Professional Services Page 4 of 7 K:SENGINEERING OATAEXCHANGEWENNIFERIWASTEWATER1E15211 WW SRVC LINE REPAIR ANO CLEAN-OUT INSTALLATION AND MANHOLE RING & COVER .n...nr..c..r rr,u..nnt yen ain mune...n n.nc..u.w nnr, identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, Consultant must fumish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 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. 6.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 6.6 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 the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 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: 6.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; Contract for Professional Services Page 4 of 7 K:SENGINEERING OATAEXCHANGEWENNIFERIWASTEWATER1E15211 WW SRVC LINE REPAIR ANO CLEAN-OUT INSTALLATION AND MANHOLE RING & COVER .n...nr..c..r rr,u..nnt yen ain mune...n n.nc..u.w nnr, 6.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. 6.8 Within five (5) calendar days of a suspension, cancellation or non -renewal 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. 6.9 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 7. 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 NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 8. 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. Contract for Professional Services Page 5 of 7 K:IENGINEERING DATAEXCHANGELIENNIFERIWASTEWATER1E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING & COVER ••• ...VT. MAT nn. c.rnr.nn. rn rna nn 4 rr u, a.nn.r.en u.enn • urc . un .b MCI. ncT.. new. 9. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the 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 NE 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. 10.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 Director of Engineering Services. 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. 11. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 12. STANDARD OF CARE Services provided by A/E under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13. CONFLICT OF INTEREST A/E agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/Qovernment/city-secretary/conflict- disclosure/index. 14. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and NE and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Contract for Professional Services Page 6of7 K'ENGINEERING OATAEXCHANGEUENNIFER1WASTEWATER1E15241 WW SRVC LINE REPAIR AND CLEAN -0'. IT INSTALLATION AND MANHOLE RING & COVER n ulct.M..r,.r ..nn,r,en e.irlw. ar+ ..in .•.nc...ury nnr NE. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS A/E hereby agrees and acknowledges if anything contained in the A/E-prepared Exhibit A, A/E's Scope of Services, or contained in any other document prepared by NE and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Date Director of Engineering Services RECOMME erating Department Date OVEDASTOLE LFORM al Department APPROVED Date Office of Management Date and Budget ATTEST City Secretary Date Project Number E15211 Accounting Unit 4200-33400-042 Account 530235 Activity El 5211014200EXP Account Category 30235 Fund Name Wastewater Operating 1 i2).6 ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, LLC 44h f} - �.�[o�� L • izb z l zro Felix H. Ocanas, Jr., P.E. Date 5001 Oakmont Drive Corpus Christi, Texas 78413 (361) 549-4576 Mobile (361) 986-1202 Office "Phe- WWEWAhecC1 W SVC R3 i I UNC �E EERING DATA HANGE1.IENN WASTEWATERIE. Lie W SRVC E R n RAND LEAN-0 Al, a ier..e.rr sore nrorcnerrrn.rcn.nr ur ..nnirven mini In..�ne .. n o�nc....�ry r,nr Contract for Professional Services IZ- I7)3 Page 7 of 7 T INSTALLA N AND MAW` 4LE RING 8 COVER EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJSUTMENT PROGRAM FY 2015 - 2016 Project Number E15211 I. SCOPE OF SERVICES A. Basic Services. 1. contract b. A.zict City staff during the bidding proce .,s as may be necessary.. 2. Construction Phase. The NE will perform contract administration to include the following: a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general. if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image -viewing software available on the City's computer - EXHIBIT "A" Page 1 of 5 Revised April 2010 K:\Engineering OataEachangeLtENNIFERIWASTEWATER\ES52S1 WW ripe 2 1 INF REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING b COVER ADJUSTMENT 2016\CONTRACT1Exhlhil A.doc Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. 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 Capital Programs a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Director of Capital Programs. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Capital Programs as required. The NE will, with written authorization by the Director of Capital Programs, do the following= 1. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of NE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: EXHIBIT "A" Page 2 of 5 Revised April 2010 K.1Engineering DalaExchangeUENNIFERIWASTEWATER4E1821 • WW SR. C...INF RFPA:R AND CLEAN.CUT INSTALLATION .LATION AND MAN ADJUSTMENT 20161CONTRACT1Exhibil A.doc IN'a & `i.0 VLTI A. Receive Samples, which are fumished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, NE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. EXHIBIT "A" Page 3 of 5 Revised April 2010 K:1Engineering DalaExchangelENNIFERIWA$TEWATERIE15211 WW SRVC LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING d COVER ADJUSTMENT 2016ICONTRACT1Exhlbd A.doc 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. 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. 3 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. 4 Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". 2. SCHEDULE Day Date Activity Wednesday January 20, 2016 Contract Award Thursday January 21, 2016 Begin Construction Friday January 20, 2017 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 4 of 5 Revised April 2010 K1Ergineerinp DataExchanpeUENNIFERIWASTEWATER1E15211 WW SRVC LINE REPAIR AND CLEAN•DUT INSTALLATION AND MANHOLE RING & COVER ADJUSTMENT 2D161CONTRACTExhibit A.doc B. Fee for Additional Services. For services authorized by the Director of Capital Programs under Section I.B. "Additional Services," the City will pay the NE a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees 2. Dceign Phaeo 3. Bid Phaee 4. Construction Phase (See Construction Observation) Subtotal Basic Services Fees Additional Services Fees (Allowance) 1. Permit Preparation /I. Environmental 'mum; 5. Construction Observation Services(12x22x4x$80) $84,480 7. Warranty Phase Included in 6 Above Sub -Total Additional Services Fees Authorized $84,480 Total Authorized Fee $84,480 EXHIBIT "A" Page 5 of 5 Revised April 2010 KkEngineering DalaExchangeUENNIFER4WASTEWATER1E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING COVER ADJUSTMENT 20161CONTRACTExhib t A.doc EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY2015-2016 (Project No. E15211) Basic Services (See Exhibit "A") Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A-1" Page 1 of 1 Revised April 2010 K..Engineenng OataExchangeLJENNIFERiWASTEWATER1E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING & COVER ADJUSTMENT 2016 CONTRACflExhibit A-1.doc Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Ratting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No, 12345 Invoice Date: Sample tans for Payment Request Reined 07127!00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Com tete 51,000 50 $0 51,000 $0 51,000 51000 100% 2.000 1,000 0 3,000 1.000 500 1.500 50% 500 0 250 750 0 0 0 0% 2500 0 1,000 3,500 0 0 0 0% 56,000 51,000 51,250 58,250 5750 $1.500 52 500 30% 52,000 50 50 52.000 5500 50 $500 25% 0 1,120 0 1,120 0 0 0 0°A 0 0 1,627 1,627 0 0 0 D% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 51,120 51,627 54,747 $500 50 $500 11% 56,000 51,000 51.250 58,250 5750 51,500 52,500 30% 2,000 1,120 1.627 4,747 500 0 500 11% 58,000 $2,120 52,877 512,997 51.250 51,500 53.000 23% Contract for Professional Services Exhibit B EXHIBIT C DISCLOSURE OF INTEREST Contract for Professional Services Exhibit C SI:PI'i.IFR NIJM13IR TO In: ASSIGNLD IIY (.11 Y — PL;RCIIASING DIVISION Cit) of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christ City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to d; business with the City torovide the following information. t -.very question must be answered. if the question is not appliicabfe, answer w itlt "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Engineering & Construction Management Services, LLC P. O. BOX: N/A STREET ADDRESS: 5001 Oakmont CITY: Corpus Christi ZIP: 78413 FIRM IS: I. Corporation 4, Association 8 2. Partnership 5. Otl;er u 3. Sole Owner 0 DISCLOSURE QUESTIONS 1 f 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 ache ownership in the above named "firm.' 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 ow nership in the above named "Finn." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the cm nership 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 3''c or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS [fa person who requests official action on a matter knots that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that 1 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: Felix H. Ocanas Jr., P.E. Title: President (r, pr nr Prim Signature of Certifying Person: DEFINITIONS Date: 4/23 a. "Board member." A member of any board, commission, or committee appointed by the City Council of tate City of Corpus Christi, Texas_ b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to lime an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employ ec." 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 thick for purposes of taxation are treated as non-profit organizations. e. "Official." rhe Mayor. members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heacls, and Municipal Court Judges ofthe 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 January 12, 2016 Action Item for the City Council Meeting of January 19, 2016 DATE: TO: Ronald L. Olson, City Manager December 22, 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 Enqineerinq Contract Wastewater Permit Assistance CAPTION: Motion authorizing the City Manager, or designee, to continue permitting and regulatory assistance by executing Amendment No. 1 with Alan Plummer Associates, Inc. of Austin, Texas in the amount of $178,000 for a total restated fee not to exceed $207,000 for Wastewater Permit Assistance for the base year with four one-year renewal options; authorizing administrative renewal for future years in accordance with contract terms. PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional service contract needed for the Wastewater Permit Assistance project. BACKGROUND AND FINDINGS: The City's six Wastewater Treatment Plants (WWTPs) require Texas Pollutant Discharge Elimination System (TPDES) permits from Texas Commission on Environmental Quality (TCEQ) for effluent discharges into surface waters in the state. These permits generally need to be renewed every five years. Alan Plummer Associates, Inc. (APAI) was initially authorized to begin work through a small AE contract to prepare TPDES permit renewal for Broadway WWTP which expires in June 2016. The permits for Greenwood and Whitecap WWTPs will expire in 2016 and early 2017, respectively. This contract provides professional services to assist the City in TCEQ permit renewal and related regulatory and technical support for the WWTPs. This provides for a multiple year contract with a base year and four one-year option renewals. The work includes the following: • Prepare TPDES permit renewal applications for Greenwood and Whitecap WWTPs (Year 1) • Provide TPDES permit renewal processing and regulatory support for Broadway WWTP (Year 1) • Provide general regulatory support for six WWTPs (Year 1) • Provide storm water permitting support for all six WWTPs (Year 1) APAI was selected through Request for Qualifications No. 2015-08. Selection was based upon qualifications and consistent with the RFQ criteria. ALTERNATIVES: 1. Authorize the execution of the professional services contract. 2. Do not authorize the execution of the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $217,857.00 $217,857.00 Encumbered / Expended Amount 29,000.00 29,000.00 This Item $178,000.00 $178,000.00 Future Anticipated Expenditures This Project 10,857.00 10,857.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Operating RECOMMENDATION: City Staff recommends approval to continue permitting and regulatory assistance by executing Amendment No. 1 with Alan Plummer Associates, Inc. of Austin, Texas in the amount of $178,000 for a total restated fee not to exceed $207,000 for Wastewater Permit Assistance. The renewal of the Professional Services Agreement for the next four years will be approved administratively. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WASTEWATER PERMIT ASSISTANCE FUNDS AVAILABLE: Wastewater Operating $217,857 FUNDS REQUIRED: Engineer Original (Alan Plummer Associates, Inc.) 29,000 Engineer Amendment No. 1 (Alan Plummer Associates, Inc.) 178,000 Reimbursements 10,857 Administration/Finance (Engineering/Capital Budget/Finance) 3,622 Engineering Services (Project Mgmt) 6,200 Misc 1,035 TOTAL $217,857 PROJECT BUDGET BALANCE $0 Allison WTP ■ 81 Broadway WTP Greenwood WTP ■ Oso WTP ■ ■ La na i • re WT Whitecap WTP• NOT TO SCALE PROJECT: E1508 Wastewater Permit Assistance CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Alan Plummer Associates, Inc., a Texas corporation, 6300 La Calma, Suite 400, Austin, Texas 78752, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Wastewater Permit Assistance (Proiect No. El 5208) — The project provides for professional services assisting the City in the Texas Commission on Environmental Quality (TCEQ) permit renewal and related regulatory support for the City's six (6) wastewater treatment plants (WWTP). Anticipated services include preparation of TCEQ permit application; providing administrative and technical support during permit processing; general regulatory support associated with the operations of WWTPs; and assistance in multi -sector general permit renewal. This is a one-year base contract with four (4) one (1) -year optional renewals. The renewal of the Professional Services Agreement for future years will be administratively approved. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Professional Services Page 1 of 7 KIENGINEERING DATAEXCHANGEUENNIFERSWASTEWATER1E15208 WWTP PERMIT ASSISTANCESAMENDMENT NO 11 CONTRACT1CONTRACT NEW AS OF 12 15 15 DOC 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $178,000.00 for a total restated fee not exceed $207.000.00. Monthly invoices will be submitted in accordance with Exhibit "B". The City's Project Manager from the Operating Department is responsible for assigning tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is required to submit a detailed and approved hourly breakdown with their monthly invoice paperwork to the City for payment. 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE 6.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Contract for Professional Services Page 2 of 7 K IENGINEERING DATAEXCHANGEUENNIFERIWASTEWATERIE152O8 WWTP PERMIT ASSISTANCEWMENDMENT NO 1 CONTRACTICONTRACT NEW AS Of City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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 shall be outside policy limits) 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' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,0001$500,0001$500,000 6.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, Consultant must obtain workers' compensation Contract for Professional Services Page 3 of 7 K:IENGINEERING DATAEXCHANGEUENNIFER\WASTEWATER\E15208 WWTP PERMIT ASSISTANCEAMENDMENT NO 1\CONTRACTVCONTRACT NEW AS OF 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. 6.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 6.6 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 the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 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: 6.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; 6.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. 6.8 Within five (5) calendar days of a suspension, cancellation or non -renewal 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. Contract for Professional Services Page 4 of 7 K ENGINEERING OATAEXCHANGEUENNIFER W ASTEWATER\E' 52'B WWTP PERMIT ASS' STANCESAMENOMENT NO 11 CONTRACT\CONTRACT NEW P5 OF 6.9 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address of record. In this event, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. 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. 9. ASSIGNABILITY The Consultant 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 Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.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 Contract for Professional Services Page 5 of 7 K:%ENGINEERING OATAEXCHANGEUENNIFERIWASTEWATER1E15208 WWTP PERMIT ASSISTANCEAMENOMENT NO RCONTRACTCONTRACT NEW AS OF used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant 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. 11. STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13. CERTIFICATE OF INTERESTED PARTIES Consultant agrees to comply with Texas Govemment Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 6 of 7 KSENGINEERING DATAEXCHANGEUENNIFERSWASTEWATERIE15208 WWTP PERMIT ASSISTANCESAMENDMENT NO 1 •CONTRACTICONTRACT NEW AS OF CITY OF CORPUS CHRISTI ALAN PLU M R ASSOCIATES, INC. 1.17/110c J.H. Edmonds, P.E. Date Rex H. Hunt, P.E. Date Director of Engineering Services Principal 6300 La Calma, Suite 400 Austin, Texas 78752 RECOMMENDED (512) 452-5905 Office (512) 452-2335 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta City Secretary Date Project Number E15208 Accounting Unit 4200-33000-064 Account 530000 Activity E 15208014200EXP Account Category 30000 Fund Name Wastewater Operating Contract for Professional Services Page 7 of 7 K:4ENGINEERING DATAE%CHANGEWENNIFERIWASTEWATER4E15208 WWTP PERMIT ASSISTANCEWMENDMENT NO TCONTRACTICONTRACT NEW AS OF EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER PERMIT ASSISTANCE AMENDMENT NO. 1 PROJECT NO. E15208 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, BASIC SERVICES includes the following phases: Phase I: Texas Pollutant Discharge Elimination System Permit Renewals Phase II: General Regulatory Support Phase III: Multi -Sector General Permit Renewal Assistance These services will apply to each of the CLIENT's permitted facilities, in accordance with their respective schedules for permit renewal. Activities and tasks for each phase are described following. Phase I: Texas Pollutant discharge Elimination System Permit Renewals The renewal process for each of the City's permits includes the following BASIC SERVICES activities: Activity A: Prepare Application for the Permit and Provide Administrative Review Support Activity B: Assist in Processing the Permit Application through the Texas Commission on Environmental Quality Each activity has specific tasks, which are described in the following sections. For purposes of the BASIC SERVICES scope, it is assumed that the renewal of the TPDES permits includes straight renewal only (i.e., no anticipated changes to the permit being sought that would result in a need for a significant modification or amendment of the permit). If modification or amendment of a permit are desired by the CLIENT or required by the TCEQ, such will be considered as ADDITIONAL SERVICES and the ENGINEER will provide supplemental scope and budget to apply for and support the additional permitting requirements associated with the request or requirement. The ENGINEER will proceed with the additional permitting requirements only after authorization to proceed is received from the CLIENT. Activity A: Prepare permit Application and Provide Administrative Review Support This initial activity includes four tasks. These tasks are described below. Task 1: Obtain and Review information ENGINEER will review the information available from the previous permit application for the WRC and will determine what additional information is needed. ENGINEER will prepare, and submit to CLIENT, a request for information. Requested information will include, but not be limited to effluent quality data, soils data for overland flow site, and industrial pretreatment program information. ENGINEER will review the information to verify that it meets TCEQ requirements. If necessary, additional information will be requested by ENGINEER. CLIENT is responsible for the costs associated with all effluent analyses. EXHIBIT "A" Page 1 of 6 Revised November 26, 2013 Task 2: Prepare Permit Application ENGINEER will prepare a renewal permit application. Relevant information obtained in Task 1 will be entered into the appropriate TPDES permit application form by ENGINEER. The application forms required are the Domestic Administrative and Technical Reports. Required attachments to the application will be prepared. Attachments required by the TPDES permit application include, but are not limited to, two original USGS topographic maps with details labeled, and a Supplemental Permit Information Form. Two copies of the application will be provided to CLIENT for review. After receipt of comments from the CLIENT, the application will be revised by ENGINEER, as appropriate. An original and six copies of the final application will be provided to CLIENT. Per TCEQ requirements, the original and three copies of the application must be submitted to the TCEQ. If requested to do so, ENGINEER will submit the original and three copies of the application to the TCEQ on behalf of CLIENT. The application must include a copy of a check payable to the TCEQ. TPDES permitting fees will be the responsibility of CLIENT. Task 3: Provide Support for Administratively Complete Application The TCEQ will perform an administrative review of the permit application. The administrative review may also include a limited technical review. The TCEQ will advise CLIENT of the results of the administrative review. If required, ENGINEER will assist CLIENT in preparing a response to the administrative review comments. Once the TCEQ is satisfied that all of the required information has been included, the TCEQ will declare the permit application to be administratively complete. CLIENT will be instructed to publish a notice of intent to obtain a permit. The notice is required to be published in one or more local newspapers, and possibly in an alternative language newspaper. The determination of whether the alternative language publication is required for the renewal will be made during Task 1 of this activity. Publication of the notice and associated fees will be the responsibility of CLIENT. ACTIVITY B: Assist in Processing the permit Application through the Texas Commission on Environmental Quality This activity includes two tasks. The amount of work required to complete Activity B cannot be determined precisely. Activity B, therefore, provides for a reasonable level of effort to complete the permit renewal without changes. If required to provide more support than anticipated by the budget for Activity B, ENGINEER will be entitled to additional compensation. Activity B tasks are described below. Task 1: Provide Technical Support During Application Processing ENGINEER will provide support during the completion of the TCEQ technical review and processing of the permit application. Support may include telephone conversations with TCEQ staff during the review process to answer questions regarding the application. When all technical reviews are completed, TCEQ will prepare an initial draft permit and provide a copy to CLIENT for review. ENGINEER will review the draft and assist CLIENT in the preparation of a written response to the TCEQ. CLIENT will be required to publish a notice of the draft permit in one or more local newspapers, and possibly in an alternative language newspaper. The determination of whether the EXHIBIT "A" Page 2 of 6 Revised November26, 2013 alternative language publication is required for the renewal will be made during Task 1 of Activity A. Publication of the second notice and associated fees will be the responsibility of CLIENT. Task 2: Communications During Application Processing This task includes occasional telephone communications between ENGINEER and the TCEQ to discuss the status of the agency's review. It also includes conference calls with CLIENT during the technical review process to discuss application status and, as necessary, to develop strategies for responding to permit provisions proposed by TCEQ in the draft permit. ENGINEER will prepare for, and participate in one meeting with the CLIENT and TCEQ to discuss appropriate provisions for the next permit. The budget prepared for this task assumes this meeting will be conducted in Austin. Phase 11: GENERAL REGULATORY SUPPORT From time to time the CLIENT may be faced with specific regulatory issues at one WWTP or another or regulatory issues within the collection system associated with the WWTPs. At the CLIENT's request, ENGINEER will provide support to respond to such issues. It is not possible to anticipate all the requirements this phase of services may entail. Potential general regulatory issues include, but are not limited to, the following: • Telephone conference calls or meetings with CLIENT's representatives to discuss regulatory or compliance issues, including new regulations or implementation procedures, water quality standards changes, potential impact on the CLIENT of proposed new regulations or standards, enforcement actions of the TCEQ or EPA, etc. • Telephone calls or meetings with TCEQ representatives or other regulatory agencies regarding regulatory or compliance issues • Assisting with review or evaluation of water quality documents related to the CLIENT's receiving water bodies, including researcher reports, Total Maximum Daily Load (TMDL) reports or implementation plans, or other relevant documents that could impact the City's wastewater system directly or indirectly. The ENGINEER will only provide these services as requested and directed by the CLIENT. Phase III services will generally be short-term requests for assistance. If the CLIENT's request for regulatory assistance is likely to result in significant effort on the part of the ENGINEER, a separate scope will be prepared as ADDITIONAL SERVICES. Phase III: Multi -Sector General Permit Renewal The ENGINEER will assist the CLIENT in the process of the renewal of the MSGP with the following activities: Activity A: Review Existing Stormwater Pollution Prevention Plans Activity B: Update the Stormwater Pollution Prevention Plans and Submit Updated Notices of Intent Each activity is further described below. Activity A: Review Existing Stormwater Pollution Prevention Plans EXHIBIT "A" Page 3 of 6 Revised November 26, 2013 The CLIENT will provide the most updated SWPPP for each of the plants for which a SWPPP exists to the ENGINEER for review. For purposes of this scope, it is assumed that all six plants are currently covered under the MSGP and, therefore, have a SWPPP. The ENGINEER will review the SWPPPs, comparing them to existing conditions at the facility, current provisions of the MSGP and anticipated new provisions that may be incorporated into the renewed MSGP. A brief technical memorandum (TM) describing the findings of the review will be provided to the CLIENT. The TM will identify changes needed for each SWPPP in order to maintain compliance with current or anticipated future provisions of the MSGP. The TM will provide the basis for modifications of SWPPPs to be provided in Activity B. Activity B: Update the Stormwater Pollution Prevention Plans and Submit Updated Notices of Intent The TM prepared for Activity A will be used to determine if changes to the SWPPPs are needed or the extent of modifications required. Prior to initiating changes, the ENGINEER will meet with the CLIENT to discuss the necessary changes and whether the ENGINEER will be tasked with making such changes. For purposes of the scope for BASIC SERVICES, it is assumed that the SWPPP for each plant will require some basic changes but that such changes will be relatively minor in nature. Minor changes would be expected if plant changes to stormwater controls have been minor and if changes to provisions in the MSGP are not significant. If changes to stormwater controls at a WWTP have been significant (e.g., an outfall has been added or there is new significant exposure of stormwater to plant processes or chemicals), it may be necessary to make significant changes to the SWPPP. Likewise, significant changes in the MSGP in the next renewal process (e.g., new sampling or reporting requirements, etc.), significant changes to the SWPPP could be necessary to accommodate such changes. Any plants not currently covered under the MSGP and for which the City desires to have such coverage will need a SWPPP prepared. The ENGINEER will proceed as instructed by the CLIENT. If significant changes are necessary and to be provided by the ENGINEER, such will be considered ADDITIONAL SERVICES and a separate scope and budget provided before proceeding. In addition, the ENGINEER will assist the CLIENT with preparation of new Notices of Intent (NOI) for each plant, as will be required as part of the MSGP renewal process. Permit renewal fees for the MSGP for each plant will be paid by the CITY to TCEQ. II. SCHEDULE Because the TPDES permits for the six plants expire at unique times, the applications that must be submitted for renewals are likewise due at different times (i.e., six months prior to permit expiration). The ENGINEER will prepare permit renewal applications (i.e., Phase I, Activity A services) according to the following schedule: EXHIBIT "A" Page 4 of 6 Revised November 26, 2013 Plant Anticipated Start Date for I Anticipated Application Preparation of the Submission Date Application L _ Broadwar Application preparation (Activity A) is included in the original scope for this project; Permit processing support (Activity B) is included as part of this Amendment No. 1 to the contract. Greenwood July 1, 2016 December 2, 2016 Whitecap August 1, 2016 Allison June 1, 2017 January 1, 2017 November 1, 2017 Laguna Madre Oso May 1,2019 October 3, 2019 Permit amendment under a separate contract; future permit renewal requirements unknown at this time Activity B (support during permit application processing) will begin once the submitted application is declared by the TCEQ to be Administratively Complete. The time required for Activity B cannot be anticipated because processing is done by the TCEQ and generally out of the control of the CLIENT or ENGINEER. However, a nine- to 12 -month period for processing a renewal application is typical. Based on this schedule, TPDES applications will be prepared and processed on the following fiscal year (FY) schedule: Plant Activity A Activity B Broadway (included in the original scope for the project FY16 Greenwood FY16-17 FY17-18 Whitecap FY 16-17 FY17-18 Allison FY17-18 FY18 Laguna Madre FY19-20 FY20 Oso TBD TBD Phase II services do not have a specific contract schedule as they are provided on an as needed and as requested basis. The MSGP expires in August 2016 and is on track to be renewed by the TCEQ by that time. The TCEQ will probably provide a 90 -day period after the renewal date for permittees to submit new NOIs to renew coverage. The SWPPP for each plant will need to be updated prior to submittal of the new NOI. The ENGINEER will complete Phase III services for all plants during FY 2016. This will include review and updating of the SWPPPs and submission of the NOIs. 1 The Broadway TPDES permit application (i.e_, Phase I, Activity A services) is being completed under the original contract between the CLIENT and ENGINEER for this project. EXHIBIT "A" Page 5 of 6 Revised November 26, 2013 III. FEES The anticipated budget for FY2016 is based on the required schedule for the year, which includes the following: • TPDES permit applications for Greenwood WWTP and Whitecap WWTP (Phase I, Activity A services) • TPDES permit processing support for Broadway WWTP (Phase I, Activity B services) • A budgeted amount for general regulatory support (Phase II services) • Stormwater permitting support for all six plants (Phase III services) The FY2016 budget (i.e., the amendment to the original contract) is as follows: Plant(s) Phase I Services (TPDES Permitting A Activity B Activity i Greenwood $29,000 Phase II Phase III Services Services (General (General Permit Regulatory for Stormwater) Support] Whitecap Broadway $25,000 All Plants Phase/Activity Totals $54,000 $17,000 $17,000 Amendment No. 1 Total $25,000 $82, 000 $25,000 $82,000 $178,000 This is a time and material budget for this project, based on the anticipated scope previously described. Future fiscal year budgets will be established in accordance with a schedule determined by the CLIENT and ENGINEER and based on permitting and regulatory needs of the CLIENT. The total anticipated fee, including the original fee for the Broadway WWTP permit renewal application of $29,000.00 and this Amendment No. 1 of $178,000.00 is, therefore, $207,000.00. Future amendments to this contract to add BASIC SERVICES related to regulatory support for the City's wastewater plants will be negotiated each year. EXHIBIT "A" Page 6 of 6 Revised November 26, 2013 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services Permitting Warranty Phase Inspection Platting Survey 0 5 M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 51.000 50 $0 51,000 50 51,000 $1,000 100% 2 000 1,000 0 3,000 1 000 500 1,500 50% 500 0 250 750 0 0 0 096 2.500 0 1,000 3,500 0 0 0 0% $6000 51,000 51,250 58,250 5750 51,500 52,500 30% $2.000 $0 50 52,000 5500 50 $500 25% 0 1,120 0 1.120 0 0 0 0% 0 0 1.627 1,627 0 0 0 0°% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0° TBD TBD TBD TBD TBD TBD TBD 0% 52.000 51.120 $".627 54,747 5500 50 5500 11'? $6,000 51.000 $1,250 58,250 $750 51,500 $2,500 3014 2,000 1,120 1,627 4,747 500 0 500 11%#. 58,000 52,120 $2,877 512,997 51.250 51,500 $3,000 23' Contract for Professional Services Exhibit B SUPPLIER NUMBER 1041 TO BE ASSIGNED BY CITY PURCHASING DIVISION wY City of Corpus 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: Alan Plummer Associates, Inc. P. O. BOX: STREET ADDRESS: 6300 La Calma Drive, Suite 400 CITY: Austin FIRM IS: 1. Corporation 4. Association 41- 2. Partnership 5. Other B ZIP: 78752 1 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° o or more of the ownership in the above named "firm." 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°0 or more of the ownership in the above named "firm." Nang — Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee Nq — n amt e- 4. 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°0 or more of the ownership in the above named "firm." Name Consultant NkA — nan t- FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Rex H. Hunt, P.E. Title: Principal (Type or Print) Signature of Certifying } Date: Z I St' Person: V DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Chr st1 Engineering Wastewater Permit Assistance Council Presentation January 12, 2016 Project Location Corpus Chr sti Engineering 2 Project Scope Carpus Chr sti Engineering One-year base contract with four one-year option renewals. Services include: • TPDES permit renewal applications for Greenwood and Whitecap WWTPs (Year 1) • TPDES permit renewal processing and regulatory support for Broadway WWTP (Year 1) • Assistance in storm water permit renewal (Year 1) • Administrative and technical support during permit processing (Year 1 and Future) • Regulatory support associated with the operations of WWTPs (Year 1 and Future) • TPDES permit renewal applications for other WWTPs (Future) • TCEQ permit applications, processing, and regulatory support for other WWTPs (Future) Project Schedule Corpus Chr sti Engineering =MM. 2016 r 2017 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Regulatory Permit Assistance Project Estimate: 365 Calendar Days = 12 Months Projected Schedule reflects City Council award in January 2016 with anticipated construction completion by January 2017. AGENDA MEMORANDUM Future Item for the City Council Meeting of January 12, 2016 Action Item for the City Council Meeting of January 19, 2016 DATE: TO: December 16, 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 Daniel McGinn, Assistant Director, Environmental and Strategic Initiatives DanielMc@cctexas.com (361) 826-3245 Engineering Contract Corpus Christi Water Supply Model Updates CAPTION: Motion authorizing the City Manager or designee to execute a professional services contract with HDR Engineering, Inc. of Austin, Texas in the amount of $100,000 for the Corpus Christi Water Supply Model Updates. PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional service contract needed for the Corpus Christi Water Supply Model Updates. BACKGROUND AND FINDINGS: The current Corpus Christi Water Supply Model (CCWSM) was developed to simulate the operations of the City's water supply system under an Agreed Order by the Texas Commission on Environmental Quality (TCEQ). Changes to weather patterns, City infrastructure and other factors require an update to the model. This project provides for an update to the existing CCWSM including the following elements: • Update hydrology condition changes in South Texas (drought condition) • Update to include water supply with completion of Mary Rhodes Pipeline Phase 2 • Re -Calculate Corpus Christi Water Supply System Yields • Update the graphical user interface of CCWSM • Provide technical memorandum of CCWSM update HDR Engineering was selected for this project because HDR provided the previous water supply modeling in 2003. ALTERNATIVES: 1. Authorize the execution of the professional services contract. 2. Do not authorize the execution of the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $105,500.00 $105,500.00 Encumbered / Expended Amount This Item $100,000.00 $100,000.00 Future Anticipated Expenditures This Project $5,500.00 $5,500.00 BALANCE $0.00 $0.00 Fund(s): Water Operating Comments: This project requires approximately 196 calendar days with anticipated completion in August 2016. The contract will result in the expenditure of an amount not to exceed $100,000. RECOMMENDATION: City Staff recommends approval of a professional services contract with HDR Engineering, Inc. of Austin, Texas in the amount of $100,000 for the Corpus Christi Water Supply Model Updates. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET CORPUS CHRISTI WATER SUPPLY MODEL UPDATES FUNDS AVAILABLE: Water Operating $105,500 FUNDS REQUIRED: Engineering Fees (HDR) $100,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $1,750 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) $3,250 Misc $500 TOTAL $105,500 PROJECT BUDGET BALANCE $0 Corpus Christi Water Supply Model Updates ( South Texas Area ) Corpus Christi Water Supply Model Updates ( South Texas Area ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 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 (Director of Engineering Services) and HDR Engineering, Inc. , a Texas corporation, 4401 West Gate Boulevard, Suite 400, Austin, Texas 78745, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Corpus Christi Water Supply Model Updates (Prosect No. El 5229) — This project is for updating the period of hydrologic record in the Corpus Christi Water Supply Model and using the updated model to re-evaluate system yields considering the new drought. In order to accomplish these objectives, updates to the model code are necessary to accommodate the hydrology update and simulate the Mary Rhodes Pipeline Phase 2 supply from the Colorado River as well as other changes identified by the City of Corpus Christi. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Professional Services Pagel of 7 C.,....,«.,,.,r,,.r. R,c.,.,re.,,f..,,,n.,.,.M.,rill I.cn.,n,SIA Ironf.,,,r,,,,..n..c,,Inn .rct...,.R.,.,-,,.s0,..rn.Rn.,.rMr.,. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $100,000.00. Monthly invoices will be submitted in accordance with Exhibit "B". The City's Project Manager from the Operating Department is responsible for assigning tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is required to submit a detailed and approved hourly breakdown with their monthly invoice paperwork to the City for payment. 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE 6.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Contract for Professional Services Page 2of7 .r c•.r.•rccn.•.nna.CVr.Ju.rp.c..•..rcn.c•..nnnu..carr., le ....1.11/ r. .nn, v ..nnr, nr,..r, n.rrn ann up.. rn•mv• rr nnr City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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 shall be outside policy limits) 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' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,0001$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, Consultant must obtain workers' compensation Contract for Professional Services Page 3of7 v e..ru.crn...rn.r. cvru.uro .c.....rrn.c.n.Inn....c.rr.. c.c++n ....ren annrw nn.rrn.nr new.. 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. 6.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 6.6 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 the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 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: 6.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; 6.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. 6.8 Within five (5) calendar days of a suspension, cancellation or non -renewal 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. Contract for Professional Services Page 4 of 7 LI ca.n.a.ccnia.n n.Ta Cvnu ..Inn Icaonrcn.can,. nnu.fc..Tal , C.C.N.I. I.f. TCf1 el lff. I .,"0l I Inna.rme"kTI'1.. r e.... 6.9 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address of record. In this event, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. 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. 9. ASSIGNABILITY The Consultant 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 Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.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 Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not Contract for Professional Services Page 5of7 .. e.v....eeno.n na.rvru...re, IC.....rcn.r...rnr,.o.e..r.. Lel cnnn ur.ren co Irmo v..nne. 1 +nn.rn nn.,rn.n,..c.., nn.rrrn..-r nn.• 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. 11. STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13. CERTIFICATE OF INTERESTED PARTIES Consultant agrees to comply with Texas Govemment Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govemment/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 16.CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 6 of 7 v r.In...rcnilli in n.r.euro..lrC1 Ic.i...rcn.c.....nn....c..r ..• canfln..r. rcn o..nn. t,..nnc. 1.m• TGl nn.rrn.--n.,c1.. n.larn Ler nnr CITY OF CORPUS CHRISTI HDR EN INEERING, INC. J.H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Project Number E15229 Accounting Unit 4010-30230-072 Account 530000 Activity El 5229014010EXP Account Category 30000 Fund Name Water Operating _A/A1/5 r '.E .rte S=ni•' 1Tice Pr,si• 4.01 West Gate Boulevard, Suite 400 Austin, Texas 78745 (512) 912-5100 Office (512) 912-5158 Fax Contract for Professional Services Page 7 of 7 KIENGINEERING DATAEXCHANGEUENNIFERIENVIRONMENTAL1E15229 WATER SUPPLY MODEL UPOATEICONTRACTWEW CONTRACT DOC City of Corpus Christi Corpus Christi Water Supply Model Updates Scope of Work November 9, 2015 HDR will perform the professional engineering services described in this Scope of Work. Objectives include updating the period of hydrologic record in the Corpus Christi Water Supply Model (CCWSM) and using the updated model to re-evaluate system yields considering the new drought. In order to accomplish these objectives, updates to the model code are necessary to accommodate the hydrology update and simulate the Mary Rhodes Pipeline Phase 2 supply from the Colorado River as well as other changes identified through discussions with the City of Corpus Christi (CoCC or City). Background The ongoing drought in South Texas has likely established a new drought of record necessitating an update of the CCWSM to recalculate yields (firm and safe) of existing sources. The current version of the CCWSM includes major water supply reservoirs in both the Nueces and Lavaca River Basins. The period of record of this version extends through 2003. Under this scope of work, the CCWSM (which simulates system operations of Choke Canyon Reservoir (CCR), Lake Corpus Christi (LCC), Lake Texana, and other supplies) will be modified to include hydrology through 2015. This updated CCWSM will then be used to calculate the new yields of the Corpus Christi water supply system. HDR developed the CCWSM for the CoCC to simulate operations of the City's water supply system under an Agreed Order issued by the Texas Commission on Environmental Quality (TCEQ). One use of the CCWSM is to determine the yield of the system under a variety of operating scenarios. Currently, the City uses a safe yield operating policy for planning purposes with a storage reserve of 125,000 acft in the CCR/LCC System. Organization of Scope of Work As Basic Services, HDR will perform four major tasks associated with updating the CCWSM. These Basic Services tasks are considered essential to accomplish the City's stated objectives. Upon request of the City, HDR will perform Additional Services focused on potential CCWSM enhancements including, but not limited to, those identified herein. Additional services are optional tasks provided for the City's consideration to initiate under this contract if funds are available and the desire to include these components exists. For purposes of this scope of work, the following definitions apply: • CCWSM — refers to the data files, executables, and associated programing (Fortran and VB.net) that comprise the model. HDR Engineering, Inc. Page 1 City of Corpus Christi EXHIBIT "A" Page 1 of 6 • Graphical User Interface (GUI) — refers only to the executable and VB.net codes that facilitate user input and output management. • Computational model — refers to the Fortran -coded executable that reads in data, performs calculations, and creates text -based output from simulating operational scenarios. Basic Services Task 1 — Update CCWSM Hydrology: Compile historical hydrologic data including: reservoir levels, water right diversions, effluent discharges, streamflow, precipitation, and evaporation through 2015. HDR will apply standard procedures to estimate missing or unavailable records as needed. Task 2 — Update Colorado River Supply Options: HDR will update the existing CCWSM to simulate supplies available from the Colorado River via the Mary Rhodes Pipeline Phase 2. This task will include development of an updated monthly time series of water available to Corpus Christi from the Colorado River. Task 3 — Calculate Corpus Christi Water Supply System Yields: HDR will use the updated CCWSM to calculate new yield estimates for a variety of operating scenarios. Task 4 — Meetings and Deliverables: HDR will meet with the City, deliver a technical memorandum summarizing the work performed under this scope of work, and provide an updated version of the CCWSM. Task 5 — Update Graphical User Interface: The existing CCWSM was developed to operate in a Windows XP environment with Microsoft 2007 and older programs. Model functionality is compromised with newer operating systems and programs. HDR will update the GUI model code (VB.net) to run in an updated operating system environment. Additional Services Task 6 — Enable Alternative Agreed Order Operations: HDR will update the CCWSM model to facilitate evaluation of potential TCEQ Agreed Order modifications being explored by the Nueces Estuary Advisory Council (NEAC) and Nueces River and Corpus Christi and Baffin Bays Basin and Bay Area Stakeholder Committee (Nueces BBASC). Task 7 — Update CCWSM Projection Mode: The CCWSM includes a short-term projection mode that forecasts CCR/LCC System storage and reservoir levels up to 36 months in the future given specified demand and starting lake levels. This mode does not include the operation of Lake Texana or other optional supply sources. The computational model code would be updated to include these other supply sources in the short-term projection mode. Some modifications to the GUI code may also be required. HDR Engineering, Inc. Page 2 City of Corpus Christi EXHIBIT "A" Page 2 of 6 Basic Services Task 1. Update CCWSM Hydrology Task 1.1 Compile available data necessary to update the hydrologic record in the CCWSM HDR will obtain, compile, and organize the hydrologic data necessary to update the model. This data includes reported water use, lake levels, streamflows, return flows, evaporation, and precipitation. This data will be obtained from a variety of sources and some data may be requested from the City. Task 1.2 Develop new naturalized flow and evaporation sets The data obtained in Task 1.1 will be used to develop new naturalized flows for all 10 control points in the CCWSM. Net evaporation sets for all four reservoir control points in the CCWSM will also be updated. Data in the model is anticipated to be updated for the January 2004 through December 2015 period. If all necessary data are not available through the end of 2015, HDR will use standard procedures to estimate any missing records to complete the data sets through 2015. The methodologies used for this task will be the same as those used for the previous update of the hydrologic record through 2003) This update will focus only the primary control points, streamflow gages or reservoir locations, in the CCWSM. Task 1.3 Update the reservoir elevation — area — capacity relationships in the model HDR will use the any recent TWDB bathymetric surveys of the City's reservoirs to develop new elevation — area — capacity relationships (EACs) for 2020, 2030, 2060, and 2070 sediment accumulation conditions. The EACs for Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana are anticipated to be updated for these decades. Task 1.4 Update ungaged runoff estimates HDR will obtain updated ungaged runoff estimates from the Texas Water Development Board2 for the three areas of ungaged runoff contained in the hydrology data for the model. This data may already be available through 2014 and could potentially be updated by the TWDB for 2015 if provided updated precipitation estimates. In the event the data are not available from TWDB, HDR will use the TXRR (Texas Rainfall Runoff) Model to estimate ungaged runoff tributary to the Nueces Estuary for the 2004-2015 historical period. Available measured precipitation data will be used as the input to this model and runoff in acft per month will be the output. Task 1.5 Develop instruction guide for updating hydrology information HDR will develop an appendix to the technical memorandum in Task 4 that provides guidance on how to update the hydrology data in the model. The document will provide general instruction for how to update the model hydrology for all control points and evaporation data sets. It will HDR Engineering, Inc., "Updates and Enhancements to Lower Nucces River Basin Bay and Estuary Model and Corpus Christi Water Supply Model," City of Corpus Christi, January 2006. 'httt+.?/www_twdb.texas.jovisurfacewater%hayslmaior estuarics/ris;es-es/doc:.T\ 'DB Hydrology Nucces 20110725.p df) and ( tt ://mid aewater.twdb.texas.vfo ba+� esluar es/h dre�It�4 siisnrnar: nuecessum.txt ). TWDB may have recently run ungaged estimates through 2014. HDR Engineering, Inc. Page 3 City of Corpus Christi EXHIBIT "A" Page 3 of 6 also include some specific notes on certain control points that utilize specific procedures or that differ in some way compared to the others in the model. The document will include data source used, methods and processes, and required format for inclusion of the data in the CCWSM. This task does not include providing engineering tools used to develop the hydrology contained in the model. Task 2. Update the Colorado River Supply Simulation Options Task 2.1 Update the model for Colorado River supply simulations HDR will update the CCWSM with a new availability time series for the Colorado River supply. This availability will be based on the updated TCEQ WAM. Task 3. Calculate Corpus Christi Water Supply System Yields Task 3.1 Calculate new yields of the Corpus Christi Water Supply System Using the updated CCWSM, HDR will perform a series of runs to calculate new system yields for up to 5 different scenarios. Scenarios will be identified in consultation with the City, but are expected to include firm and safe yield, reservoir sediment accumulation, use of alternative supplies being considered, and other options. These model runs will include the following fundamental assumptions: • Use of the 2001 Agreed Order monthly targets and pattern, • Full use of the Lake Texana system (41,840 acft/yr firm plus 12,000 acft/yr interruptible), • Lake Corpus Christi Target Stabilization Level = 74 ft-msl, • 5.35 MGD municipal & industrial effluent returned to Nueces Bay, and • 52°0 return flow factor applied to all CoCC demands with discharges to the Nueces Estuary. Task 4. Meetings and Deliverables Task 4.1 Meetings to Present Initial & Final Results Prepare for and participate in one meeting involving CoCC staff, to present a summary of the analyses performed, results obtained, updated model demonstration, and any recommendations for further study. Task 4.2 Prepare a Draft Technical Memorandum and Presentation Prepare a draft Technical Memorandum and/or electronic presentation summarizing analyses performed, results obtained, and recommendations for further study. City staff will review these deliverables and provide comments to HDR. Task 4.3 Prepare and Submit Final Technical Memorandum and Presentation Prepare and submit a final Technical Memorandum and/or electronic presentation to the City staff addressing comments on the drafts. HDR Engineering, Inc. Page 4 City of Corpus Christi EXHIBIT "A" Page 4 of 6 Task 5. Update the Graphical User Interface for the CCWSM Task 5.1 Update the Graphical User Interface (GUI) HDR will update the operating code that drives the GUI portion of the CCWSM to execute in the current Windows 7 and Office 2013 operating environment. Project Schedule The following are estimated time requirements for completion of the Basic Services tasks from date of notice to proceed. All work is anticipated to be completed in 2016. Task Basic Services Task Description Time for Completion (from Notice to ProceedL 1 Update CCWSM Hydrology NTP + 16 weeks 2 Update Colorado River Supply Options NTP + 16 Weeks 3 Calculate System Yields NTP + 18 Weeks 4 Meetings and Deliverables NTP + 28 Weeks 5 Update CCWSM GUI NTP + 28 Weeks Total Anticipated Total Time to Complete Tasks 1 — 4 —28 weeks Fee Estimate The following table summarizes the fee for Basic Services in the above scope of work. TASK BUDGET TASK DESCRIPTION AMOUNT 1 Update CCWSM Hydrology $62,000 2 Update Colorado River Supply Options $3,500 3 Calculate System Yields $4,500 4 Meetings and Deliverables $10,000 5 Update CCWSM GUI $20,000 Total $100,000 HDR Engineering, Inc. Page 5 City of Corpus c hristi EXHIBIT "A" Page 5 of 6 Additional Services Upon request of the City, HDR will perform Additional Services focused on CCWSM enhancements including, but not limited to, those identified herein. Additional services are optional tasks provided for the City's consideration to initiate under this contract if funds are available and the desire to include these components exists. Fee estimates for Additional Services below are approximate and may be refined in consultation with the City. Task 6. Enable Alternative Agreed Order Operations_($25,000) Task 6.1 Evaluate options for updating the Agreed Order simulation routines in the CCWSM HDR will coordinate with the City and discuss options for updating the Agreed Order simulation routines in the CCWSM. Task 6.2 Update the CCWSM for additional Agreed Order operations HDR will update the CCWSM based on the findings of Task 6.1. This task would include evaluation of up to 5 different alternative Agreed Order scenarios and the potential impacts to system yield and Nueces Bay inflow. Task 7. Update the functionality of the projection mode of the model ($25,000) Task 7.1 Update projection mode in the CCWSM HDR will update the CCWSM projection mode for increased functionality. This update could include the operation of Lake Texana, MRP Phase 11, and,or other optional supply sources as part of the projection mode. Task 8. Include Aquifer Storage and Recovery (ASR) operations ($30,000) Task 8.1 Update CCWSM for advanced ASR simulation options HDR will update the CCWSM to include options for simulation of a conceptual ASR system. The update will include triggers for storing and recovering water and other options as identified by the City and HDR. HDR Engineering, Inc. Page 6 City of Corpus Christi EXHIBIT "A" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O 5 M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for Payment Request Revised 07127/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 51,000 50 50 51,000 SO 51000 51.000 100% 2,000 1,000 0 3,000 1,000 500 1.500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% 56000 51,000 51,250 58,250 5750 51500 52.500 30% 52.000 50 50 52.000 5500 50 5500 25% 0 1,120 0 1,120 0 0 0 0°% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0°% TBD TBD TBD TBD TBD TBD TBD 0°% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1.120 $1,627 54.747 $500 50 5500 11% 56,000 51.000 51,250 58,250 $750 51500 $2,500 30% 2.000 1,120 1,627 4,747 500 0 500 11% 58,000 52.120 52.877 512,997 51.250 51 500 $3,000 23% Contract for Professional Services Exhibit 13 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CrrY- PURCHASING DIVISION 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: HDR Engineering, Inc. P. O. BOX: 4401 West Gate Boulevard, STREET ADDRESS: Suite 400 CITY: Austin FIRM IS: 1. Corporation 4. Association 2. Partnership S. Other ZIP: 78745 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 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 14 - Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or 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 3% or more of the ownership in the above named "firm." Name A/4 Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d}j CERTIFICATION 1 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: Kell/y J. Kaatz, P.E. Title: Senior Vice President (Type or PrInl) Signature of Certifying Date: Person: ..tO DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Christi Water Supply Model Updates Council Presentation January 12, 2016 Project Scope Provides an update the Corpus Christi Water Supply Model (CCWSM) to account for changes in weather patterns and City's infrastructure. The current model was developed in 2003 under Agreed Order by TCEQ. The model is used to determine water supply yields under a variety of operating scenarios. The scope includes the following elements: • Update hydrology condition changes in South Texas (drought condition) • Update to include water supply with completion of Mary Rhodes Pipeline Phase 2 • Re -Calculate Corpus Christi Water Supply System Yields • Update the graphical user interface of CCWSM • Provide technical memorandum of CCWSM update Example of Product: Short -Term Projection co trol, Lcc eager, op..] arm ry gaa, Elnueatconaois, rSMi2EEEen. C M7 X00, Em.l �- " / / > \ Lake LCCE 187.da� o.N.stev 1141.5. nTP GF OF MEXICO zLIN 100 90 80 'u 70 60 46 50 k 40 30 20 0 0 Percent System Storage 011 011 011' Otiti Otiti Otiti O1'L O1'L O,y'L e e e e e 013 Ola Ola Old 9p o\1\tiy\1\ti \1\ti a\1\ti 6\1\ti (e\1\ti\1\ti\1\ti �\1\ti n\1\ti 6\1\ti \1�ti o\1\ti\1\ti e e' e ..Minumum ..Average 3 Project Schedule 2016 Feb Mar Apr May Jun Jul Aug Services Project Estimate: 196 Calendar Days = 7 Months Projected Schedule reflects City Council award in January 2016 with anticipated completion by August 2016. AGENDA MEMORANDUM for the City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager December 21, 2015 FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Flood Maps STAFF PRESENTER(S): Name 1. Julio Dimas OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Department Assistant Director Development Services Title/Position Organization BACKGROUND: Provide an overview of the National Flood Insurance Program, administered by FEMA, and basics of a Flood Insurance Rate Map. LIST OF SUPPORTING DOCUMENTS: Presentation - Flood Maps Flood Maps Council Presentation January 12, 2016 Key Terminology • FEMA = Federal Emergency Management Agency • BFE = Base Flood Elevation • FIRM = Flood Insurance Rate Map • NFIP = National Flood Insurance Program • SFHA = Special Flood Hazard Area • *LiMWA = Limit of Moderate Wave Action • *Freeboard = Additional elevation requirement *Higher Standards Background • National Flood Insurance Program is a voluntary program. • HB 1018 requires that all Texas Cities and Counties join the National Flood Insurance Program. • Participation in the program makes federally backed flood insurance available to property owners in the participating community. • Community Rating System is a voluntary program which the City participates. It provides for Insurance discounts based on City's activities to mitigate flood hazards. • Flood Insurance is required as a condition of receiving federal financial assistance for home loans in a Special Flood Hazard Area. Flood Zones • X and Shaded X •No development requirements •Insurance is not required • AE (Special Flood Hazard Area) •Finished floor at or above the Base Flood Elevation •Fill is allowed •Insurance is required • VE (Special Flood Hazard Area) •Bottom of the lowest horizontal member at or above the Base Flood Elevation Fill is prohibited •Breakaway walls for enclosures below the Base Flood Elevation (access, parking & storage) •Insurance is required Limit of Moderate Wave Action • Fill is prohibited and the lowest horizontal member must be at or above the Base Flood Elevation. Wave height 23 feet BFE - Flood level Including _4_ _wave effects 100 -year Stillwater elevation Sea lever - '� T T Shoreline Sand beach Buildings Wave height 3.0-1.5 feet Properly elevated building LiMWA Wave height c 1.5 feet Limit of baso flooding and waves Unelevated buikling constructed before community entered the NFIP T Overland wind fetch T Vegetated region • Limit of SFHA 5 FLOODWAY • Development and fill are prohibited unless you can show no rise and no adverse impact. /////////!/L////7/LLLZ/11 Flood Insurance Rate Map Freeboard • High Standard • Proposing 1 foot above minimum requirements • 1,240 Texas communities enrolled in National Flood Insurance Program as of 2014. • 294 of those communities participated in a higher standards survey. • Out of the 294 communities, 244 (83%) have adopted freeboard from 1 to 3 feet. • 68 of the communities participate in Community Rating System RiskMap6 CC FEMA FEMA sk I1cr€acing Res`I rc Tagrt-�e 9 Questions ?