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HomeMy WebLinkAboutAgenda Packet City Council - 02/23/2016City Council Corpus Christi Meeting Agenda - Final 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, February 23, 2016 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 inglés es limitado, habrá un intérprete inglés-español 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 Rabbi Mary Ekroos - Kehilat B'nai Shalom. C.Pledge of Allegiance to the Flag of the United States to be led by Steve Viera - Benefits Manager, Human Resources. D.City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.16-0225 Proclamation declaring March 6-12, 2016, "Women in Construction Week". Recognition of City Council Member Lillian Riojas. 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Page 1 Corpus Christi Printed on 2/22/2016 February 23, 2016City Council Meeting Agenda - Final 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: 2.16-0226 Regular Meeting of February 16, 2016. Minutes - February 16, 2016Attachments: I.BOARD & COMMITTEE APPOINTMENTS: (NONE) J.EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. K.CONSENT AGENDA: (ITEMS 3 - 10) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3.16-0141 Resolution approving the submission of a grant application for funding available under the Violence Against Women Act (VAWA) Page 2 Corpus Christi Printed on 2/22/2016 February 23, 2016City Council Meeting Agenda - Final Fund Resolution authorizing the submission of a grant application in the amount of $46,226.82 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $20,000.52, an in-kind match of $6,900.00, for a total project cost of $73,127.34; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Agenda Memo - VAWA application 02.16.2016 Resolution - VAWA 2016 Attachments: 4.16-0154 Resolution approving the submission of a grant application for funding available under the Victims of Crime Act (VOCA) Fund Resolution authorizing the submission of a grant application in the amount of $179,149.24 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department’s Family Violence Unit to continue the Victim Outreach Program with a city match of $21,340 and $40,480 in-kind services, for a total project cost of $240,969.24; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. Agenda memo - VOCA Outreach 02.09.2016 Resolution - VOCA GRANT Victims outreach 2016 Attachments: 5.16-0203 Resolution authorizing the purchase of an Eco-Filter System for the Greenwood Wastewater Treatment Plant Emmissions and Odor Control Improvement Project Resolution authorizing the City Manager or designee to purchase an EcoFilter System from BioAir Solutions, LLC, of Voorhees Township, New Jersey, for a total cost of $257,740 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. Agenda Memo - BioAir Solutions Resolution - BioAir Solutions Price Sheet - BioAir Solutions Attachments: 6.16-0142 Approving a Construction Contract for the Navigation Boulevard Street project from Up River Road to Leopard Street (Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC of Corpus Christi, Texas in the amount of $7,808,705.83 and to execute a construction materials testing agreement with Rock Engineering and Testing Page 3 Corpus Christi Printed on 2/22/2016 February 23, 2016City Council Meeting Agenda - Final Laboratory, Inc. of Corpus Christi, Texas in the amount of $56,471.00 for the Navigation Boulevard Street project from Up River Road to Leopard Street for the Base Bid Part 2 (Hot Mix Asphaltic Concrete) BOND 2012 . Agenda Memo - Navigation Project Budget - Navigation Presentation - Navigation Location Map Navigation Blvd Rock Testing Agreement Attachments: 7.16-0155 Approving two Real Estate Sales Contracts for aquisition of right of way for the County Road 52, Phase 2, Extension Project (Bond 2012) Motion authorizing the City Manager or designee to execute Real Estate Sales Contracts with Nueces Electric Cooperative, Inc. (NEC) in the amount of $715,980 plus $6,000 in estimated closing costs for acquisition of Parcel 1 and with Solomon Abdo and A.L. Hernden in the amount of $128,350 plus $2,300 in estimated closing costs for acquisition of Parcel 2, for a total expenditure of $852,630 for both parcels, for the purpose of acquiring fee simple surface rights to two tracts of land containing a total of 11.57 acres including 2,400 linear feet of existing paved road improvements across the NEC property, both located 0.6 miles south of Northwest Boulevard (FM624) and west of FM 1889, required for the construction of the County Road 52 Extension Project - CR69 to FM 1889. (Bond 2012) Agenda Memo - CR 52 Right of Way Acquisition Location Map - CR 52 Right of Way Acquisition Contract- NEC - CR 52 Right of Way Acquisition Contract- Abdo & Hernden - CR 52 Right of Way Acquisition Attachments: 8.16-0120 Resolution authorizing the submission of a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. Agenda Memo - DEAAG Application March 2016 Resolution - DEAAG Rd 2 Attachments: 9.16-0146 Second Reading Ordinance - Appropriating reimbursement funds Page 4 Corpus Christi Printed on 2/22/2016 February 23, 2016City Council Meeting Agenda - Final from the Texas State Library and Archives Commission (1st Reading 2/16/16) Ordinance appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $16,972.92 into the Library Grant Fund No. 1068 to be used for library technology services; and increasing expenditures in the Library Grant Fund No. 1068 by $16,972.92. Agenda Memo - appropriating reimbursement 16,972.92 Ordinance - appropriating reimbursement 16,972.92 Attachments: 10.16-0172 Second Reading Ordinance - Accepting and appropriating donation and approving Contract Change Order No. 1 for the Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center (Bond 2012) (1st Reading 2/16/16) Ordinance accepting and appropriating a donation in the amount of $100,000 from the Corpus Christi Tennis Association in Fund No. 3280 for the HEB and Al Kruse Tennis Centers; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $100,000; and authorizing the City Manager, or designee, to execute Change Order #1 with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $390,873.00 for the HEB and Al Kruse Tennis Centers for the replacement and reconstruction of the elevated viewing platform at the HEB Tennis Center. (Bond 2012) Agenda Memo - Tennis Centers Budget - Tennis Centers Ordinance - HEB & Al Kruse Tennis Centers Agreement - CCTA Tennis Centers Change Order 1 - Tennis Centers Presentation - Tennis Centers Change Order No. 1 Attachments: L.EXECUTIVE SESSION: (ITEMS 11 - 12) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in “Executive Sessions” constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 11.16-0224 Executive session pursuant to Texas Government Code § 551.071 Page 5 Corpus Christi Printed on 2/22/2016 February 23, 2016City Council Meeting Agenda - Final 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. 12.16-0209 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 regulation of transportation network companies and vehicles for hire and enforcement of ordinances related thereto. M.PUBLIC HEARINGS: (NONE) N.REGULAR AGENDA: (ITEMS 13 - 17) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 13.16-0186 Resolution in support of the Avanti at Calallen Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Avanti at Calallen Apartments to be developed by MDS Housing Leopard, Ltd. Agenda Memo - Avanti at Calallen Resolution - Avanti at Calallen Presentation - HCD Affordable Housing Resolutions Attachments: 14.16-0212 Resolution in support of Calallen Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Calallen Apartments to be developed by ProsperaHCS Calallen, LP. Agenda Memo - Calallen Apartments Resolution - Calallen Apartments Attachments: 15.16-0214 Resolution in support of Mar Bella Providence Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Mar Bella Providence Apartments to be developed by the ITEX Group, LLC. Page 6 Corpus Christi Printed on 2/22/2016 February 23, 2016City Council Meeting Agenda - Final Agenda Memo - Mar Bella Providence Resolution - Mar Bella Providence Attachments: 16.16-0215 Resolution in support of Samuel Place Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. Agenda Memo - Samuel Place Resolution - Samuel Place Apartments Attachments: 17.16-0188 Resolution identifying the project known as Samuel Place Apartments located at 4315 Carroll Lane, in the City Central Corridor Community Revitalization Plan which will contribute to revitalization efforts Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most signifcantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. Agenda Memo - Revitalization Plan Resolution Resolution - Most Significant Contribution Samuel Place Community Revitalization Plan Adopted Central Corridor Map - Samuel Place Attachments: O.FIRST READING ORDINANCES: (ITEMS 18 - 21) 18.16-0204 First Reading Ordinance - Amending the City Code regarding campfires on Gulf of Mexico Beaches Ordinance Amending the Code of Ordinances Section 10-67 regarding campfires on Gulf of Mexico Beaches; providing for penalties; providing for severance; and providing for publication. Agenda Memo - Campfire Ordinance Update Ordinance - Campfire Ordinance update Attachments: 19.16-0237 First Reading Ordinance - Amending the City Code to establish Article VI. - Transportation Network Companies Ordinance Amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date. Page 7 Corpus Christi Printed on 2/22/2016 February 23, 2016City Council Meeting Agenda - Final Agenda Memo with Chart - Ordinance establishing TNC regulations Ordinance - TNC regulations based on Houston regulations Attachments: 20.16-0236 First Reading Ordinance - Appropriating funds for the purchase of security equipment at the American Bank Center Ordinance appropriating $176,500 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facility Fund for the purchase of security equipment at the American Bank Center; and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 to increase expenditures in the Arena Facility Fund by $176,500 and increase expenditures in the Visitors Facility Fund by $176,500 each. Agenda Memo - American Bank Center Security Upgrades Ordinance - American Bank Center Security Upgrades Presentation - American Bank Center Security Upgrades Attachments: 21.16-0201 First Reading Ordinance - Approving a Reimbursement Agreement and appropriating funds for the construction of water arterial transmission and grid main line located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $97,133.33 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Agenda Memo - Reimbursement Agreement MPM Dev. Ordinance - Reimbursement Agreement MPM Dev. Form 1295 Maps - Reimbursement Agreement MPM Dev. Attachments: P.FUTURE AGENDA ITEMS: (ITEMS 22 - 25) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 22.16-0200 Approving a Developer Participation Agreement to reimburse the developer for the City's cost to extend North Oso Parkway located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $208,946.10 for the Page 8 Corpus Christi Printed on 2/22/2016 February 23, 2016City Council Meeting Agenda - Final City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. Agenda Memo - Parkview Unit 4 Resolution & Agreement - Parkview Unit 4 Form 1295 Maps - Parkview Unit 4 Attachments: 23.16-0181 Approving a contract for Texas Electronic Registration Remote System access for issuing birth certificates Motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services (DSHS) for the period 9/1/2015 through 8/31/2017 to provide the Corpus Christi-Nueces County Public Health District (CCNCPHD) access to the Texas Electronic Registration Remote System (TER Remote System) for the purpose of issuing individual birth certificates, and pay DSHS a fee of $1.83 for each Certification of Vital Record printed as a result of searches of the database; and ratifying acceptance of the contract to begin September 1, 2015. Agenda Memo - DSHS Remote Birth Access Agreement (9-1-2013 to 9-1-2015)-Rev.2-16-2016 Contract - DSHS Remote Birth Cert. Access Agreement 9-1-2015 to 9-1-2017 Attachments: 24.16-0182 Resolution approving a Data Usage Agreement (DUA) with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the Health District Resolution authorizing the Director of the Corpus Christi Nueces County Public Health District (CCNCPHD), to sign on behalf of the City of Corpus Christi for the CCNCPHD, a Data Use Agreement and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the CCNCPHD and describe the CCNCPHD's rights and obligations with respect to the confidential information pursuant to 45 CFR 164.504(e)(1)-(3), for the contract period beginning on the date of execution and ending upon termination of the base contracts listed in Exhibit A. Agenda Memo - TX HHS Data Usage Agreement Resolution - TX HHS Data Usage Agreement Agreement & Attach. A - TXHHS-CCNCPHD Data Use Attachments: 25.16-0168 Approving Amendment No. 1 to the Engineering contract for the Laguna Shores Road Force Main Replacement Motion authorizing the City Manager or designee to proceed with design phase work by executing Amendment No. 1 with LJA Engineering, Inc. Page 9 Corpus Christi Printed on 2/22/2016 February 23, 2016City Council Meeting Agenda - Final of Corpus Christi, Texas in the amount of $479,977.31 for a total restated fee not to exceed $529,817.31 for Laguna Shores Road Force Main Replacement. Agenda Memo - Laguna Madre Project Budget - Laguna Shores FM.xls Location Map - Laguna Shore FM.pdf Contract - Laguna Shores FM Presentation - Laguna Shores FM Attachments: Q.BRIEFINGS: (ITEMS 26 - 27) 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. 26.16-0171 Flood Hazard Prevention Agena Memo - Flood Hazard Prevention-Higher Standards Presentation - Flood Hazard Prevention-Higher Standards Attachments: 27.16-0199 Update on Desalination Projects Agenda Memo - Desalination Projects Update Presentation - Desalination Projects Update Attachments: R.ADJOURNMENT Page 10 Corpus Christi Printed on 2/22/2016 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, February 16, 2016 Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Mayor Nelda Martinez to call the meeting to order.A. Mayor Martinez called the meeting to order at 11:31 a.m.. Invocation to be given by Chaplain Lynne Blackler, CHRISTUS Spohn Health System. B. Council Member Garza requested a special prayer be given for retired police officer Jerry Mathis who passed away last night. Chaplain Lynne Blackler gave the invocation. Pledge of Allegiance to the Flag of the United States to be led by Stacie Talbert Anaya - Interim Director of Parks and Recreation Department. C. Interim Director of Parks and Recreation Stacie Talbert Anaya led the Pledge of Allegiance. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen McIntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn Present:9 - Proclamations / CommendationsE. 1.Proclamation declaring February 14-20, 2016, "National LULAC Week". Proclamation declaring February 21-27, 2016, "National Engineers' Week". Page 1Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes Swearing-In Ceremony of Newly appointed Board, Commission and Committee Members Mayor Martinez presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor Martinez referred to City Manager's Comments. City Manager Ron Olson said he had nothing to report. OTHERa. None. MINUTES:H. 2.Regular Meeting of February 9, 2016. A motion was made by Council Member Magill, seconded by Council Member McIntyre, that the Minutes be passed. The motion carried by a unanimous vote. BOARD & COMMITTEE APPOINTMENTS: (NONE)I. EXPLANATION OF COUNCIL ACTION:J. CONSENT AGENDA: (ITEMS 3 - 12)K. Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the public. A council member requested that Item 5 be pulled for individual consideration. A motion was made by Council Member Rubio, seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: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 9 - Abstained:0 3.Resolution authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018 and obligate City to purchase electricity pursuant to said agreement Page 2Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes Resolution of the City Council of Corpus Christi, Texas authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018; authorizing TCAP to act as an agent on behalf of the City to enter into a contract for electricity; authorizing Jay Doegey or Ronald L. Olson or Tom Tagliabue or Constance Sanchez to execute an electric supply agreement for deliveries of electricity effective January 1, 2018 and committing to budget for energy purchases in 2018 through 2022 and to honor the City's commitments to purchase power for its electrical needs in 2018 through 2022 through TCAP. This Resolution was passed on the Consent Agenda. Enactment No: 030760 4.Approving Amendment No.1 for the Ocean Drive Park Improvements - Cole Park (Bond 2012) Motion authorizing the City Manager, or designee, to continue design services through executing Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $120,000, for a total revised fee of $131,500 for Ocean Drive Park Improvements - Cole Park, for design, bid and construction phase services.(Bond 2012) This Motion was passed on the Consent Agenda. Enactment No: M2016-020 6.Second Reading Ordinance - Rezoning property located at 437 Opportunity Drive (1st Reading 2/9/16) Case No. 0116-01 Mint Business Professionals, LLC: A change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. The property is described as Lot 61, Block 3, 100 South Padre, located on the southwest corner of Enterprize Parkway and Opportunity Drive. Planning Commission and Staff Recommendation (January 13, 2016): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Mint Business Professionals, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 61, Block 3, 100 South Padre, from the "IL" Light Industrial District to the "CG-2" Page 3Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030762 7.Second Reading Ordinance - Rezoning property located at 1914 Lipan Street (1st Reading 2/9/16) Case No. 0116-02 City of Corpus Christi: A change of zoning from the "IH" Heavy Industrial District to the "RS-4.5" Single-Family 4.5 District. The property is described as Lot 5A, Block 4, Brennan Addition, located on the north side of Lipan Street between Coke Street and 19th Street. Planning Commission and Staff Recommendation (January 13, 2016): Approval of the change of zoning from the "IH" Heavy Industrial District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to Lot 5A, Block 4, Brennan Addition, from the "IH" Heavy Industrial District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030763 8.Second Reading Ordinance - Accepting and appropriating the FY 2016 Local Border Security Program (LBSP) Grant (1st Reading 2/9/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $90,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 Local Border Security Program (LBSP) grant to reimburse overtime, fringe benefits, and mileage; and appropriating the $90,000 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030764 9.Second Reading Ordinance - Accepting and appropriating grant funds for the Hazardous Materials Emergency Preparedness (HMEP) grant program (1st Reading 2/9/16) Page 4Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept a grant of services budgeted for $70,000 from Texas Department of Public Safety, Governor ’s Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study with a hard match of $14,000; appropriating the $14,000 in the Local Emergency Planning Committee (LEPC) Fund No. 6060; and changing the FY 2015-16 Operating budget adopted by Ordinance No. 030620 by increasing expenditures in the Local Emergency Planning Committee Fund No . 6060 by $14,000. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030765 10.Second Reading Ordinance - Appropriating funds for the repair of Medic Unit 3 (1st Reading 2/9/16) Ordinance appropriating $8,593.79 received from the Texas Municipal League Intergovernmental Risk Pool into the General Fund No. 1020 to repair Medic Unit 3; and changing the FY 2015-16 Operating Budget adopted by Ordinance No. 030620 by increasing revenue and expenditures in the General Fund No. 1020 by $8,593.79. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030766 11.Second Reading Ordinance - Accepting and appropriating grant for the Senior Companion Program (SCP) (1st Reading 2/9/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $60,060 for the Senior Companion Program; appropriating the $60,060 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030767 12.Second Reading Ordinance - Appropriating funds for a Master Services Agreement for Capital Improvement Program Projects at the Corpus Christi International Airport (CCIA) (1st Reading 2/9/16) Ordinance to appropriate and transfer $1,500,000 from Fund 4610 Airport Unreserved Fund Balance to Fund 3018 Airport Capital Page 5Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes Reserve, amending the FY 2016 Operating Budget adopted by Ordinance No. 030620 and authorizing the City Manager or designee to execute Master Services Agreements with Garver, LLC and KSA Engineers, Inc. to provide professional services for the Corpus Christi International Airport. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030768 5.Second Reading Ordinance - Rezoning property located at 11330 Leopard Street (1st Reading 2/9/16) Case No. 0116-03 Fantozzi, Ltd.: A change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. The property is described as Lot 4, Block 1, Wal-Mart Subdivision, located on the north side of Leopard Street between Violet Road and Hart Road. Planning Commission and Staff Recommendation (January 13, 2016): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit for limited industrial uses, subject to a site plan and nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Fantozzi, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 1, Wal-Mart Subdivision, from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 5, Zoning Case No. 0116-03 Fantozzi, Ltd. In response to a council member, Interim Director of Development Services Dan McGinn stated that apartments are already allowed in the current "CG-2" zoning. The applicant is requesting a zoning change from "CG-2" General Commercial District to "IL" Light Industrial District. Staff has worked with the applicant to establish a Special Permit that would allow for limited industrial uses in order to better market the property, which includes the former Wal-Mart building. Council members spoke regarding the following topics: the types of industrial uses allowed under the Special Permit; the ability to develop apartments in the current "CG-2" zoning; ingress and egress from the subject property; and the Special Permit narrowing the focus of industrial uses and minimizing the impact to the neighborhood. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on second reading and Page 6Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes approved with the following vote: Aye: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 9 - Abstained:0 Enactment No: 030761 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. F. Mayor Martinez deviated from the agenda and referred to comments from the public. Jack Gordy, 4118 Bray, spoke regarding the City's Code of Ordinances related to abandoned vehicles and Code Enforcement's actions to remove a vehicle parked on a citizen's private property without their knowledge. Carolyn Moon, 4902 Calvin, spoke regarding the elimination of plastic bags in the City. Brian Watson, 5813 Hugo, spoke regarding the following: the proclamation honoring engineering and the role they play in quality of life; a status on fluoridation in water; and the I-69/Trans-Texas Corridor Project. Andy Taubman, 15713 Cruiser, spoke regarding a proposal for manufactured housing as an alternative to address infill lots, affordable housing and neighborhood revitalization. Claude C. Axel, 741 Crestview Drive, commended the Mayor and City Council for their dedication, commitment, patience, and self-control as public servants. Ruben De Los Santos, Director of the General Land Office's State Power Program, residing at 338 Cape May, spoke regarding Item 3, authorizing the Texas Coalition for Affordable Power Inc. to negotiate an electric supply agreement, and suggested that the City consider an alternative competitive offer from the General Land Office's State Power Program. Richard Cavada, 1209 S. Alameda, spoke regarding the Zika virus and the recent purchase of additional pesticides as a preventative measure. Mr. Cavada advocated for the construction of concrete streets in lieu of asphalt streets. PUBLIC HEARINGS: (NONE)M. REGULAR AGENDA: (ITEMS 14 - 16)N. 14.Second Reading Ordinance - Amending the Unified Development Code to update regulations and improve implementation (1st Reading 2/9/16) Ordinance amending the Unified Development Code by revising Page 7Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes subsection 1.11.3 "Defined Terms", table 4.3.2 "Permitted Uses", table 4.3.3 "Residential Development Standards (Single-Family Districts)", table 4.3.4 "Housing Types", subsections 5.1.2.A "Household Living", 5.5.3.E.6 "Setbacks (for) Wireless Telecommunication Facilities", 7.5.3.A.1 "Single Tenant Freestanding Sign", 7.5.3.C.1 "Multi-tenant(3 or more tenants) Freestanding Sign", 7.5.27.D.10 "Definition (of) Legible", 8.2.1.B.3 "Street Right-of-Way Dimensional Standards", table 8.2.1.C "Non-Local Street Standards", and table 8.2.1.D "Rural Street Standards" providing for severance; providing for penalties; providing for publication. Mayor Martinez referred to Item 14. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to propose various text amendments to the Unified Development Code (UDC). Mr. McGinn said the chart in Section 5.1.2.A. has been corrected to remove manufactured homes from the "Use Not Included" column. Mr. McGinn stated that staff will be providing a presentation on a future agenda regarding modular housing and manufactured homes. There were no comments from the Council or the public. Council Member McIntyre made a motion to amend Section 5.1.2.A. of the ordinance, seconded by Council Member Scott and passed unanimously. Council Member McIntyre made a motion to approve the ordinance as amended, seconded by Council Member Garza. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: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 9 - Abstained:0 Enactment No: 030769 15.Appointing Financial Advisor for Certificates of Obligation Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the of City of Corpus Christi, Texas, Combination Tax and Limited Pledge Certificates of Obligation, Series 2016A in an amount not to exceed $18,140,037. Mayor Martinez referred to Item 15. Director of Financial Services Constance Sanchez stated that Items 15 and 16 are related to the issuance of up to $18,140,037 of Certificates of Obligation for the purpose of paying contractual obligations necessary to complete the street projects from Proposition 1 in Bond 2012. The purpose of Item 15 is to authorize the appointment of M.E. Allison & Co., as Financial Advisor. The purpose of Item 16 is to authorize and approve publication of the Notice of Intention to issue the Certificates of Obligation as required by the Texas Local Government Code. The Notice of Intention will be published in the Corpus Christi Caller Times on Sunday, February 28, 2016 and Sunday, March 6, 2016. The ordinance authorizing the issuance is scheduled for the March 29, 2016 and April 12, 2016 City Council meetings. There were no comments from the public. Page 8Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes Council Member Magill made a motion to amend, if legally advisable, to include a statement in the publication that the issuance of the Certificates of Obligation does not include a tax increase, seconded by Council Member McIntyre and passed unanimously. Council Member Garza made a motion to approve Item 15 as amended, seconded by Council Member Magill. This Motion was passed as amended and approved with the following vote: Aye: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 9 - Abstained:0 Enactment No: M2016-021 16.Resolution authorizing publication of Notice of Intention to issue Certificates of Obligation Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. Item 16 was discussed during the discussion on Item 15. There were no comments from the Council or the public on Item 16. Council Member Garza made a motion to approve the resolution, seconded by Council Member Riojas. This Resolution was passed and approved with the following vote: Aye: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 9 - Abstained:0 Enactment No: 030770 FIRST READING ORDINANCES: (ITEMS 17 - 18)O. 17.First Reading Ordinance - Appropriating reimbursement funds from the Texas State Library and Archives Commission Ordinance appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $16,972.92 into the Library Grant Fund No. 1068 to be used for library technology services; and increasing expenditures in the Library Grant Fund No. 1068 by $16,972.92. Page 9Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes Mayor Martinez referred to Item 17. Director of Libraries Laura Garcia stated that the purpose of this item is to appropriate a reimbursement received from the Texas State Library and Archives Commission for participation in the Interlibrary Loan Program to be used for library technology services. There were no comments from the Council or the public. Council Member McIntyre 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: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 9 - Abstained:0 18.First Reading Ordinance - Accepting and appropriating donation and approving Contract Change Order No. 1 for the Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center (Bond 2012) Ordinance accepting and appropriating a donation in the amount of $100,000 from the Corpus Christi Tennis Association in Fund No. 3280 for the HEB and Al Kruse Tennis Centers; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $100,000; and authorizing the City Manager, or designee, to execute Change Order #1 with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $390,873.00 for the HEB and Al Kruse Tennis Centers for the replacement and reconstruction of the elevated viewing platform at the HEB Tennis Center. (Bond 2012) Mayor Martinez referred to Item 18. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept a donation from the Corpus Christi Tennis Association and execute Change Order No. 1 to a construction contract with Safenet Services, LLC for replacement and reconstruction of the elevated viewing platform at the HEB Tennis Center. Ms. Anaya presented the project location map, project calendar, and budget. There were no comments from the public. Council members spoke regarding the following topics: appreciation to the Corpus Christi Tennis Association for their donation; use of the remaining fund balance for tennis center repairs; ADA accessibility with the installation of the wheelchair lift; installation of electrical plugs; reference in the agenda memo to use of the Job Order Contract (JOC) construction method; and clarification on the discontinuation of the JOC method. Council Member Garza made a motion to amend Item 18 to remove that the statement that the project will be completed through the JOC construction method; seconded by Council Member McIntyre and passed unanimously. Council Member Rubio made a motion to approve the ordinance as amended, seconded by Council Member Scott. This Ordinance was passed on first Page 10Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes reading as amended and approved with the following vote: Aye: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 9 - Abstained:0 BRIEFINGS: (ITEM 32)Q. 32.Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Economic Update Mayor Martinez deviated from the agenda and referred to Item 32. Iain Vasey, President/CEO of the Corpus Christi Regional Economic Development Corporation (EDC), stated that the purpose of this item is to provide the EDC quarterly update. Mr. Vasey presented the following: a map of Metropolitan Service Area (MSA); a breakdown of the employment by sector; the EDC goals and results; information on the energy sector; the average annual wage rates; a chart of unemployment rates in the Coastal Bend Workforce Area; the key economic indicators; the EDC's strategic plan; the economic return on investment; and the economic outlook for 2016. Council members spoke regarding the following topics: the strategic plan's focus on shovel-ready sites; the fall-out from the decrease in oil prices; recent unemployment rates in Corpus Christi; water and the labor force being primary assets for interested companies; the status of Kanon Services Inc., the professionalism of the EDC staff; how local companies are doing; focusing on job growth for existing industry; opportunities in liquefaction of natural gas; and the success in the use of Type A funds. FUTURE AGENDA ITEMS: (ITEM 24)P. Mayor Martinez deviated from the agenda and referred to Future Agenda Items. City Manager Olson stated that staff had planned presentations for Items 21, 22, 23, 24 and one presentation for Items 25 - 30. Mayor Martinez referred to Item 24. Director of Capital Programs Jeff Edmonds presented this item. 24.Approving two Real Estate Sales Contracts for aquisition of right of way for the County Road 52, Phase 2, Extension Project (Bond 2012) Motion authorizing the City Manager or designee to execute Real Estate Sales Contracts with Nueces Electric Cooperative, Inc. (NEC) in the amount of $715,980 plus $6,000 in estimated closing costs for acquisition of Parcel 1 and with Solomon Abdo and A.L. Hernden in the amount of $128,350 plus $2,300 in estimated closing costs for acquisition of Parcel 2, for a total expenditure of $852,630 for both parcels, for the purpose of acquiring fee simple surface rights to two tracts of land containing a total of 11.57 acres including 2,400 linear Page 11Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes feet of existing paved road improvements across the NEC property, both located 0.6 miles south of Northwest Boulevard (FM624) and west of FM 1889, required for the construction of the County Road 52 Extension Project - CR69 to FM 1889. (Bond 2012) This Motion was recommended to the consent agenda. EXECUTIVE SESSION: (ITEM 13)L. Mayor Martinez referred to the day's executive session. The Council went into executive session. 13.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. REGULAR AGENDA: (ITEM 15)N. 15.Appointing Financial Advisor for Certificates of Obligation Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the of City of Corpus Christi, Texas, Combination Tax and Limited Pledge Certificates of Obligation, Series 2016A in an amount not to exceed $18,140,037. Mayor Martinez returned to the discussion on Item 15 regarding certificates of obligation. City Attorney Miles K. Risley explained that the amendment made to Item 15 included a condition that language would be added to the publication if legally advisable. City Attorney Risley stated that staff has spoken with bond counsel, and that the suggested language that was the subject of the amendment is not legally advisable. The inclusion of such language would be viewed as an artificial limit on credit. City Attorney Risley said staff can structure the proposal based on projections to not result in a tax increase, but will not be modifying the language of the proposition. Enactment No: M2016-021 FUTURE AGENDA ITEMS: (ITEMS 19 - 31)P. Mayor Martinez returned to Future Agenda Items. Deputy City Manager Margie Rose reiteratated that staff had planned presentations for Items 21, 22, 23 and one presentation for Items 25 - 30. 19.Resolution approving the submission of a grant application for funding available under the Violence Against Women Act (VAWA) Fund Resolution authorizing the submission of a grant application in the amount of $46,226.82 to the State of Texas, Criminal Justice Division, Page 12Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $20,000.52, an in-kind match of $6,900.00, for a total project cost of $73,127.34; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended to the consent agenda. 20.Resolution approving the submission of a grant application for funding available under the Victims of Crime Act (VOCA) Fund Resolution authorizing the submission of a grant application in the amount of $179,149.24 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department’s Family Violence Unit to continue the Victim Outreach Program with a city match of $21,340 and $40,480 in-kind services, for a total project cost of $240,969.24; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended to the consent agenda. 21.Resolution authorizing the purchase of an Eco-Filter System for the Greenwood Wastewater Treatment Plant Emmissions and Odor Control Improvement Project Resolution authorizing the City Manager or designee to purchase an EcoFilter System from BioAir Solutions, LLC, of Voorhees Township, New Jersey, for a total cost of $257,740 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. This Resolution was recommended to the consent agenda. 22.Approving a Construction Contract for the Navigation Boulevard Street project from Up River Road to Leopard Street (Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC of Corpus Christi, Texas in the amount of $7,808,705.83 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $56,471.00 for the Navigation Boulevard Street project from Up River Road to Leopard Street for the Base Bid Part 2 (Hot Mix Asphaltic Concrete) BOND 2012. This Motion was recommended to the consent agenda. Page 13Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes 23.Engineering Design-Build Contract for the J.C. Elliott Collection Center Building and Site Improvements Motion authorizing the City Manager, or designee, to execute a design build contract with SafeNet Services, LLC of Corpus Christi, Texas for the J. C. Elliott Collection Center Building and Site Improvements project in the amount of $904,375 for the total base bid and additive alternate 1. 25.Resolution in support of the Avanti at Calallen Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Avanti at Calallen Apartments to be developed by MDS Housing Leopard, Ltd. This Resolution was recommended to the regular agenda. 26.Resolution in support of Calallen Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Calallen Apartments to be developed by ProsperaHCS Calallen, LP. This Resolution was recommended to the regular agenda. 27.Resolution in support of Cayetano Villas of Calallen Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Cayetano Villas of Calallen Apartments to be developed by Cayetano Housing and Development. This Resolution was withdrawn. 28.Resolution in support of Mar Bella Providence Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Page 14Corpus Christi Printed on 2/19/2016 February 16, 2016City Council Meeting Minutes Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Mar Bella Providence Apartments to be developed by the ITEX Group, LLC. This Resolution was recommended to the regular agenda. 29.Resolution in support of Samuel Place Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. This Resolution was recommended to the regular agenda. 30.Resolution identifying the project known as Samuel Place Apartments located at 4315 Carroll Lane, in the City Central Corridor Community Revitalization Plan which will contribute to revitalization efforts Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most signifcantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. This Resolution was recommended to the regular agenda. 31.Resolution authorizing the submission of a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. This Resolution was recommended to the consent agenda. ADJOURNMENTR. The meeting was adjourned at 3:34 p.m. Page 15Corpus Christi Printed on 2/19/2016 - DATE:January 22, 2016 TO:Ronald L. Olson, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Resolution authorizing the submission of a grant application in the amount of $46,226.82 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department’s Family Violence Unit with a city match of $20,000.52, an in-kind match of $6,900.00, for a total project cost of $73,127.34; and authorizing the City Manager or the City Manager’s designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: Year 17 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides $46,226.82 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute $6,900 in-kind contribution, and the Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund. AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 City contributes $20,000.52 for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2016 – 8/31/2017. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Legal OMB 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 $62,000.00 $62,000.00 Encumbered / Expended Amount This item $20,000.52 $20,000.52 BALANCE $41,999.48 $41,999.48 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $46,226.82 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department’s Family Violence Unit with a city match of $20,000.52, an in-kind match of $6,900.00, for a total project cost of $73,127.34; and authorizing the City Manager or the City Manager’s designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $46,226.82to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department’s Family Violence Unit with a City match of $20,000.52, an in- kind match of $6,900.00, for a total project cost of $73,127.34. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Nelda Martinez City Secretary Mayor 2 Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Nelda Martinez ______________ Rudy Garza ______________ Chad Magill ______________ Colleen McIntyre ______________ Lillian Riojas ______________ Brian Rosas ______________ Lucy Rubio ______________ Mark Scott ______________ Carolyn Vaughn ______________ DATE:January 29, 2016 TO:Ronald L. Olson, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Resolution authorizing the submission of a grant application in the amount of $179,149.24 to the State of Texas, Criminal Justice Division Victims of Crime Act (VOCA) fund for the Police Department’s Family Violence Unit to continue the Victim Outreach Program with a City match of $21,340 and $40,480 in-kind services, for a total project cost of $240,969.24; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. PURPOSE: This funding is available from the State of Texas, Criminal Justice Division, to provide funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant will provide funding for a victim case manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi-disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant keep accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes $13,368.30 for training, travel, supplies and miscellaneous equipment as the required match. The funding is not on a declining percentage or ending funding cycle. It is a two year grant application for 9/1/2016 – 8/31/2018. Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund to continue the Victim Outreach Program AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: OMB Finance Legal FINANCIAL IMPACT: X Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget $62,000.00 $62,000.00 $124,000 Encumbered / Expended Amount This item $10,670 $10,670 $21,340 BALANCE $51,330 $51,330 $102,660 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $179,149.24 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department’s Family Violence Unit to continue the Victim Outreach Program with a city match of $21,340 and $40,480 in-kind services, for a total project cost of $240,969.24; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $179,149.24 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department’s Family Violence Unit to continue the Victim Outreach Program with a city match of $21,340 and $40,480 in-kind services, for a total project cost of $240,969.24. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Nelda Martinez City Secretary Mayor 2 Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Nelda Martinez ______________ Rudy Garza ______________ Chad Magill ______________ Colleen McIntyre ______________ Lillian Riojas ______________ Brian Rosas ______________ Lucy Rubio ______________ Mark Scott ______________ Carolyn Vaughn ______________ DATE:February 23, 2016 TO:Ronald L. Olson, City Manager FROM:Dan Grimsbo DanG@cctexas.com (361) 826-1718 Maria Pedraza MariaPe@cctexas.com (361) 826-3176 CAPTION: Resolution authorizing the City Manager or designee to purchase an EcoFilter System from BioAir Solutions, LLC, of Voorhees Township, New Jersey, for a total cost of $257,740 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. PURPOSE: The purpose of this agenda item is to obtain authority to execute a purchase contract for the recommended EcoFilter System for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. BACKGROUND AND FINDINGS: A mineral media bio-filter odor control facility was installed in 2000 to provide odor treatment for the Greenwood Wastewater Treatment Plant; however, the EcoFilter could not provide normal operations in recent years, and nuisance odors from the Greenwood Wastewater Treatment Plant were cited by Texas Commission on Environmental Quality monitoring. The City is required to complete the subject project by October 2016 by Texas Commission on Environmental Quality. EcoFilters are the key equipment for nuisance odors control at the Greenwood Wastewater Treatment Plant. It normally takes four months for the vendor to manufacture and deliver to site. To turn around this project October 2016, the City needs to purchase the EcoFilter System and deliver to the general contractor who is scheduled to start construction in June 2016. Eco-Filter System for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement project AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 As per Local Government Code section 252.022(a)(2), this project is necessary to preserve and protect the public health or safety of the municipality's residents, and therefore, the procurement of the equipment is exempt from competitive bidding. BioAir Solutions, LLC is recommended to provide the EcoFilter System for the Greenwood Wastewater Treatment Plant based on their advanced technology. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed purchase conforms to City purchasing policies and procedures. This procurement is necessary to preserve and protect the public’s health and safety in accordance with Local Government Code 252.022(a)(2). EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Wastewater Department 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 $96,400.00 $2,108,400.00 $2,204,800.00 Encumbered / Expended Amount $96,400.00 $96,400.00 This item $257,740.00 $257,740.00 Future Anticipated Expenditures This Project $1,087,871.00 $1,087,871.00 BALANCE $0.00 $762,789.00 $762,789.00 Fund(s): WW CIP No. 16 Comments: Greenwood Pit Emission/Odor Control Improvements are restricted capital funds. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Page 1 of 2 Resolution authorizing the City Manager or designee to purchase an EcoFilter System from BioAir Solutions, LLC, of Voorhees Township, New Jersey, for a total cost of $257,740 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. WHEREAS, a biological filter is the key equipment for nuisance odors control at the Greenwood Wastewater Treatment Plant; WHEREAS, the Greenwood Wastewater Treatment Plant is required to purchase and install a new biological filter system in order to complete an Emissions and Odor Control Improvement Project, mandated by the Texas Commission on Environmental Quality, by October, 2016; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, the City Council finds this purchase to be excepted from a com- petitive procurement pursuant to Texas Local Government Code § 252.022 (a)(2), as an item necessary to preserve and protect the public health and safety of the municipality’s residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to purchase an EcoFilter System from BioAir Solutions, LLC, for a total cost of $257,740, such filter being necessary to complete the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Page 2 of 2 Corpus Christi, Texas _________ day of ___________________, 20____ The above resolution was passed by the following vote: Nelda Martinez ______________ Rudy Garza ______________ Chad Magill ______________ Colleen McIntyre ______________ Lillian Riojas ______________ Brian Rosas ______________ Lucy Rubio ______________ Mark Scott ______________ Carolyn Vaughn ______________ CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION ECO-FILTER SYSTEM BUYER: MARIA PEDRAZA BioAir Solutions, LLC Qty Voorhees, New Jersey 1.0 Purchase an EcoFilter System, inculding freight, startup, training, and performance testing. 1 $257,740.00 $257,740.00 Total $257,740.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 DATE:January 22, 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 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: Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC of Corpus Christi, Texas in the amount of $7,808,705.83 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $56,471.00 for the Navigation Boulevard Street project from Up River Road to Leopard Street for the Base Bid Part 2 (Hot Mix Asphaltic Concrete) BOND 2012. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Navigation Boulevard Street Project from Up River Road to Leopard Street (BOND 2012). 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. LNV, Inc. is the design engineer that was selected for this project under RFQ 2012-03. Brochure description: “Navigation Boulevard from Up River Road to Leopard Street $4,000,000.00 – This project includes reconstruction and expansion of the existing 4-lane road to a 5-lane road with a turning lane and bike routes, sidewalks, curb and gutter, ADA curb ramps and pavement markings.” This is the “Rebid” of the Navigation Blvd Street Reconstruction project that provides for the full-depth reconstruction and widening of the existing 4-lane road with a new 5-lane road with a continuous center left turn with utility improvements, new sidewalks, ADA ramps, and pavement markings. The work also Engineering Construction Contract Navigation Boulevard from Up River Road to Leopard Street BOND 2012 includes Traffic Signal upgrades at the Leopard and Up River intersections with Pedestrian Signal upgrades at the IH-37 intersection. The utility work includes: Water – Replacement of the existing Asbestos Clay Pipe (ACP) with new polyvinyl chloride (PVC) pipelines Wastewater – Replacement of existing Vitrified Clay Pipe (VCP) with new PVC Gas – Replacement of existing wrapped steel pipeline with new Polyethylene (PE) pipeline Storm water – New curb & gutter with inlets and lateral pipelines with MH upgrades The initial Navigation Street Reconstruction project was Terminated for Convenience by the City to allow for major value engineering (VE) opportunities and to avoid critical underground City utility conflicts with refinery gas lines. This project incorporates the VE and eliminates the conflicts with refinery gas lines with a $5.3 Million cost reduction from approximately total project cost of $13.1 Million to $7.8 Million. The primary VE elements of work were associated in storm water reductions that also reduced impacts and costs associated with the water and wastewater systems. On December 16, 2015, the City received proposals from three (3) bidders and the bidders are as follows: Contractor Base Bid Clark Pipeline Services, LLC Corpus Christi, Texas $7,808,705.83 Bay, Ltd. Corpus Christi, Texas $7,919,360.05 Haas-Anderson Construction, Ltd. Corpus Christi, Texas $9,090,073.15 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 Metropolitan Planning Organization (MPO) proposed 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 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $1,962,129.23 $11,393,785.99 $13,355,915.22 Encumbered / Expended Amount 1,962,129.23 1,962,129.23 This item 7,808,705.83 7,808,705.83 Future Anticipated Expenditures This Project 1,100,378.90 1,100,378.90 BALANCE $0 $2,484,701.26 $2,484,701.26 Fund(s): ST 28 Comments: N/A RECOMMENDATION: City staff and LNV, Inc. recommend the construction contract award to Clark Pipeline Services, LLC in the amount of $7,808,705.83 and the construction materials testing to Rock Engineering & Testing Laboratory, Inc. in the amount of $56,471.00 for Navigation Boulevard from Up River Road to Leopard Street BOND 2012 project for the base bid (Part 2). LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Testing Agreement PROJECT BUDGET Navigation Boulevard from Up River Road to Leopard Street Bond 2012 PROJECT FUNDS AVAILABLE: Street CIP (Bond 2012)………………………………….…………………………………………………………6,627,254.73$ Utility CIP……………………………………………..………………………………………………………………..6,728,660.49 Water CIP……………………………….………………………………………………………..1,013,885.49 Wastewater CIP………………………………...……………………………………………..897,500.00 Storm Water CIP……………………………….……………………………………………4,578,275.00 Gas CIP…………………………………………………………..………………………………239,000.00 TOTAL PROJECT FUNDS AVAILABLE………………………………………………………………………………………………………………………………………13,355,915.22$ FUNDS REQUIRED: Construction Fees: Construction (Clark Pipeline)………………………………………………………………………………………..7,808,705.33 Street…………………………………………………………...…………………………………..4,678,400.00 Utilities…………………………………………………………………………………………..3,130,305.33 Water……………………………………………………………………………901,883.14 Wastewater…………………………………………………………………..1,027,759.42 Storm Water…………………………………………………………………..999,729.35 Gas……………………………………………………………………………200,933.42 Contingency (10%)……………...……………………………………………………………………………………………………………………….780,870.53 Construction Inspection (2.25%)………………………...……………………………………………………………300,508.09 Construction Materials Testing (Rock)……………………………………….……………………………………….56,471.00 Construction Settlement (Reytec)…………………………………………………………………235,900.00 Land Acquisition……………………………………………………………………………………………….106,709.30 SUB-TOTAL REQUIRED FOR CONSTRUCTION…………………………………………………………….9,289,164.26 Design Fees: * Engineer (LNV, Inc.) (Original and 3 Amendments)…………………………...……………………………………………………………………………………………………….1,087,057.00 Streets…………………………………………………………………665,505.00 Wastewater…………………………………………………………………115,099.20 Storm Water…………………………………………………………………196,725.52 Water…………………………………………………………………88,160.20 Gas…………………………………………………………………21,567.08 Engineering (Lockwood, Andrews, Newnam Inc.)……………………………………………………………………………………….48,275.00 Engineering (L. Gurley)………………………………………………………………………………………………12,498.75 Engineering (R.H. Shackelford)……………………………………………………………………………………….8,541.50 Geotechnical Study and Testing (Rock Engineering)…………………………………………………………………………………24,000.00 SUB-TOTAL REQUIRED FOR DESIGN ……………………………...…………………..…………….1,180,372.25 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget) (0.75%)……………………………………………………………………………….100,169.36 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (2.25%)………………………………………………………………………………..300,508.09 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..1,000.00 SUB-TOTAL REQUIRED FOR REIMBURSEMENTS……………………………...……..……..…………….401,677.46 TOTAL PROJECT EXPENDITURES………………………………………………………………………………………………………………………………………10,871,213.96$ ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………………………………………2,484,701.26$ * Approved by City Council on January 29, 2013 by Motion 2013-012. Council Presentation February 16, 2016 Navigation Boulevard “REBID” from Up River Road to Leopard Street BOND 2012 1 2 Project Vicinity 3 Existing Layout This provides for the award for the REBID for the Navigation Street Reconstruction Project for the full-depth reconstruction and widening existing 4-lane to a 5-lane HMAC pavement with a continuous center turn lane, sidewalks, curb &gutter, ADA ramps, pavement markings. Work includes: •Two traffic signal upgrades; Leopard and Up River intersections •Pedestrian signal upgrades at I-37 intersection •Bike lanes not included or recommended Utility Improvements include: •Water – Repl. of ACP lines with new PVC lines •Wastewater – Repl. of VCP lines with new PVC, MH rehab and pipe bursting of deep lines •Gas – Repl. of existing wrapped steel lines with new polyethylene pipe •Storm water – New curb & gutter, curb inlets and laterals with MH upgrades Note: No bids were received for Concrete Base Bid 4 Project Scope 5 Project Schedule Project Estimate: 440 Calendar Days 15 Months Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 20172013 Design 20152014 2016 ConstructionBid PROJECT # E12090 LOCATION MAP NOT TO SCALE NAVIGATION BLVD UP RIVER ROAD TO LEOPARD STREET BOND 2012 EXHIBIT B CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 AGREEMENT for Construction Materials Testing and Engineering Services 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 ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Navigation Boulevard from Up River Road to Leopard Street BOND 2012 (Project No. E12090) ("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 $56,471.00. 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 J.H. Edmonds, P. E., (Date) Director of Engineering Services RECOMMENDED Operating Department a/3//j (Date) APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) APPROVED Office of Management (Date) and Budget ROC NG NEERING & TESTING LABORATORY mk aNci —I 6 Curtis A. Rock Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office (361) 883-4711 Fax Project Number E12090 Accounting Unit 354•-.51 Account 550920 Activity E12090013''- • XP Account Category 50920 Fund Name Street CIP Bond 2012 (Date) K:IENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 6 EXHIBIT A Scope of Services and Fee Schedule K:IENGINEERING DATAEXCHANGEIANGIEMISTREET1E12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15115 Wednesday, January 06, 2016 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) Corpus Christi, TX RETL Proposal Number: P010615A Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for this project is $56,471.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of $32.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRISTI. TEXAS. 78409 OFFICE: (361) 883-4555 • FAX: (361) 883-4711 • www.rocktesting.com IEXHIBIT "A" Page 1 of 6 Wednesday, January 06, 2016 Page 1 of 6 01. SOILS A1.SUBGRADE Driveway Densities EA - 1 every 2 P010615A E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 5486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) ASTM D6938 Laboratory EA - 1 each material type S190 MATERIALS SAMPLING CHARGE 5510 PROCTOR - STANDARD ASTM D698 Sidewalk Densities SF • 1 per 5000 SF S486 VEHICLE 5600 IN-PLACE DENSITIES (Min 3) ASTM D6938 Street Densities SY - 1 every 310 SY S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) ASTM D6938 A5. BACKFILL Densities LF - 1 per 200 LF of each lane/Tiff S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) ASTM D6938 Laboratory EA - 1 each material type S190 MATERIALS SAMPLING CHARGE S510 PROCTOR - STANDARD ASTM D698 LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 1 1 1 1 1 1 1 1 1 5 5 trip $46.00 $230.00 27 27 ea $45.00 $1,215.00 1 1 ea $59.00 $59.00 1 1 ea $222.00 $222.00 2 2 trip $46.00 7 7 ea $45.00 $92.00 $315.00 8 8 trip $46.00 $368.00 98 98 ea $45.00 $4,410.00 15 15 trip $46.00 $690.00 154 154 ea $45.00 $6,930.00 1 1 ea $59.00 $59.00 1 1 ea $222.00 $222.00 01. SOILS SUBTOTAL $14,812.00 [EXHIBIT "A" Page 2 of 6 Wednesday, January 06, 2016 Page 2 of 6 02. FLEXIBLE BASE A3. FLEX BASE Densities SY - 1 every 310 SY P010615A E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) ASTM D6938 Laboratory CY - 1 per 3000 CY LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 12 12 trip $46.00 $552.00 196 196 ea $45.00 $8,820.00 S502 ATTERBERG LIMITS/PLASTICITY INDEX (with Aggregate) 3 3 ea $97.00 $291.00 5504 GRADATION (Sieve Analysis) 3 3 ea $97.00 $291.00 S522 PROCTOR - MODIFIED ASTM D1557 3 3 ea $261.00 $783.00 S548 LA ABRASION 3 3 ea $331.00 $993.00 EA - 1 each material type S190 MATERIALS SAMPLING CHARGE 1 1 ea $59.00 $59.00 S546 WET BALL MILL 1 1 ea $331.00 $331.00 5606 TRIAXIAL 1 1 ea $743.00 $743.00 S610 CBR with PROCTOR 1 1 ea $765.00 $765.00 02. FLEXIBLE BASE SUBTOTAL $13,628.00 03. HOTMIX ASPHALT CONCRETE B. ASPHALT Densities LF - 1 per 1000 LF of street S202 ASPHALT CORED IN-PLACE DENSITY 5486 VEHICLE Laboratory T - 1 per 500 tons LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 2 2 ea $102.00 $204.00 2 2 trip $46.00 $92.00 S105 ASPHALT FULL SERIES 1 22 22 ea $635.00 $13,970.00 S190 MATERIALS SAMPLING CHARGE 1 22 22 ea $59.00 $1,298.00 03. HOTMIX ASPHALT CONCRETE SUBTOTAL $15,564.00 EXHIBIT "A" Page 3 of 6 Wednesday, January 06, 2016 Page 3 of 6 P010615A E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04A. CONCRETE (Curb & Gutter) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE Unconfined Compression 7, 14 & 28 days) LF - 1 set every 500 IF 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 18 72 ea $45.00 $3,240.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 6 6 trip $46.00 $276.00 04A. CONCRETE (Curb & Gutter) SUBTOTAL $3,560.00 046. CONCRETE (Sidewalks & Curb Ramps) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE Unconfined Compression 7, 14 & 28 days) SF - 1 set every 4000 SF 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 9 36 ea $45.00 $1,620.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 3 3 trip $46.00 $138.00 04B. CONCRETE (Sidewalks & Curb Ramps) SUBTOTAL $1,802.00 04C. CONCRETE (Driveways) LIFTS/MIN QTYFREQ QTY RATE AMOUNT C1. CONCRETE Unconfined Compression 7, 14 & 28 days) SF - 1 set every 2500 SF S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 11 44 ea $45.00 $1,980.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 4 4 trip $46.00 $184.00 04C. CONCRETE (Driveways) SUBTOTAL $2,208.00 Wednesday. January 06, 2016 EXHIBIT "A" Page 4 of 6 Page 4 of 6 P010615A E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04D. CONCRETE (Curb, Post and Grate Inlets) LIFTS/MIN QTYFREQ QTY RATE AMOUNT C 1. CONCRETE Unconfined Compression 7, 14 & 28 days) EA - 1 set every 6 each 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 6 24 ea $45.00 $1,080.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 2 2 trip $46.00 $92.00 04D. CONCRETE (Curb, Post and Grate Inlets) SUBTOTAL $1,216.00 04E. CONCRETE (Storm Sewer Manholes) LIFTS/MIN QTYFREQ QTY RATE AMOUNT C1. CONCRETE Unconfined Compression 7, 14 & 28 days) EA - 1 set every 2 each 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 10 40 ea $45.00 $1,800.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 2 2 trip $46.00 $92.00 04E. CONCRETE (Storm Sewer Manholes) SUBTOTAL $1,936.00 04F. CONCRETE (Riprap, Aprons & SETs) LIFTS/MIN QTYFREQ QTY RATE AMOUNT C I. CONCRETE Unconfined Compression 7, 14 & 28 days) SF - 1 set every 4000 SF S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 1 4 ea $45.00 $180.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 1 1 trip $46.00 $46.00 04F. CONCRETE (Riprap, Aprons 8 SETs) SUBTOTAL $270.00 Wednesday, January 06, 2016 EXHIBIT "A" Page5of6 Page 5 of 6 P010615A E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04G. CONCRETE (Manhole Base/Footing) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE Unconfined Compression 7, 14 & 28 days) EA - 1 set every 10 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 3 12 ea $45.00 $540.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 2 2 trip $46.00 $92.00 04G. CONCRETE (Manhole Base/Footing) SUBTOTAL $676.00 05. RIGID PAVEMENT Cl. CONCRETE SY - 1 set per 2500 SY LIFTS/MIN QTYFREQ QTY RATE AMOUNT S302 BEAMS (Set of 4) 1 1 1 set $232.00 $232.00 S403 SLUMP 1 1 1 ea $15.00 $15.00 S404 AIR CONTENT 1 1 1 ea $15.00 $15.00 S486 VEHICLE 1 1 1 trip $46.00 $46.00 05. RIGID PAVEMENT SUBTOTAL $308.00 06. LABORATORY LIFTS/MIN QTYFREQ QTY RATE AMOUNT D. MISCELLANEOUS Vehicle Material Pick up and Admin Fee P 1 19 ADMINISTRATION FEE (1 time per project) S486 VEHICLE 1 1 1 1 Is $77.00 $77,00 9 9 trip $46.00 $414.00 06. LABORATORY SUBTOTAL $491.00 GRAND TOTAL $56,471.00 EXHIBIT "A" Page 6 of 6 Wednesday, January 06, 2016 Page 6 of 6 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; KIENGINEERING DATAEXCHANGE ANGIEMISTREETVE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 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 K:IENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 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 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 K:IENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 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. KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company domiciled in Texas) Employer's Liability is not 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 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. KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 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. 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. K:IENGINEERING DATAEXCHANGE\ANGIEMISTREET\E12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121 CONSTRUCTION MATERIALS TESTING115.1215 TESTING AGREEMENT.DOC Rev. 12/15/15 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. 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 DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 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 0 & 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% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 31,000 31,250 $8,250 $750 $1,500 32,500 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 33,000 23% KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15115 AGENDA MEMORANDUM Future item for the City Council Meeting of February 16, 2016 Action item for the City Council Meeting of February 23, 2016 DATE:January 29, 2016 TO: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 CAPTION: Motion authorizing the City Manager or designee to execute Real Estate Sales Contracts with Nueces Electric Cooperative, Inc.(NEC) in the amount of $715,980 plus $6,000 in estimated closing costs for acquisition of Parcel 1 and with Solomon Abdo and A.L. Hernden in the amount of $128,350 plus $2,300 in estimated closing costs for acquisition of Parcel 2, for a total expenditure of $852,630 for both parcels, for the purpose of acquiring fee simple surface rights to two tracts of land containing a total of 11.57 acres including 2,400 linear feet of existing paved road improvements across the NEC property, both located 0.6 miles south of Northwest Boulevard (FM624) and west of FM 1889, required for the construction of the County Road 52 Extension Project – CR69 to FM 1889, Bond 2012. PURPOSE: The County Road 52 Extension Project requires acquisition of 100-feet wide right-of-way extending from County Road 69 westward to Farm to Market Road 1889. There are four parcels necessary for this project. This agenda item approves the purchase of the two larger parcels containing a total of 11.57 acres. The project is being funded and constructed between the City of Corpus Christi and Nueces County through an Interlocal Agreement approved by City Council in July 2015. City expenditures for land rights in excess of $50,000 require City Council approval. BACKGROUND AND FINDINGS: The first phase of County Road 52 was completed in 2010 and constructed solely by the City of Corpus Christi through the Bond 2004 program. The road project extended from Highway 77 westward to County Road 52, Phase 2, Extension Project - Real Estate Sales Contracts for acquisition of necessary right of way County Road 69. The current Phase 2 will extend the existing CR 52 road from CR69 westward to FM 1889 as shown on the attached City Council Exhibit. There were four parcels of land required in order to establish a 100-foot wide right of way for this extension. Two of the smaller parcels have been acquired from South Texas Electric Company and from the Driscoll Foundation. The larger parcels, Parcels 1 and 2, are under contract and require City Council approval. In July 2015, the City of Corpus Christi and the County of Nueces entered into an Interlocal Agreement whereby each entity would provide $2,000,000 towards design, land acquisition, and construction. The proposed roadway would consist of a 2-lane section with 12-foot wide travel lanes, 8-foot shoulder lanes, and new striping/markings. Final design and construction will be the responsibility of Nueces County. Funding for these contracts will be out of the City’s $2,000,000 portion. The project was originally approved in the November 2012 General Obligation Bond Election under Proposition 8, Economic Development Projects. Parcel 1 is owned by the Nueces Electric Cooperative, Inc. (NEC). This parcel contains a total of 4.73 acres of land and includes an existing asphalt surfaced road which was constructed by NEC using County specifications. The City obtained an appraisal report from Smith, Kirkpatrick, and Klager, a local independent professional real estate appraisal firm to establish the land value. The appraisal reported a land value of $84,960 for the 4.73 acres of land plus $11,700 in severance damages due to the severance of 0.65-acre area of land between the subject right of way and their north property line. In addition, the contract purchases the existing asphalt paved street previously constructed by NEC at a depreciated cost of $619,320 for the 2,400 linear feet of street. The total contract amount of $715,980 includes the land in fee simple and the street improvements. Parcel 2 is owned by the partners of Solomon Abdo and A.L. Hernden. This parcel contains a total of 5.07 acres of agricultural land. This parcel was also appraised by the Smith, Kirkpatrick, and Klager appraisal firm. The land appraised in the amount of $13,000 per acre or $65,910. The landowners submitted a counter offer for $20,000 per acre based on their appraisal. In addition, there is a 1.77 acre tract of land severed between the subject right of way and the north property line. This 1.77 acre strip of land will also be conveyed to the City as severance damages. The City will be acquiring a total of 6.84 acres for $128,350 at an average cost of $18,764 per acre. Upon passage of this motion by City Council, both contracts will be escrowed with Bay Area Title Services, Inc on South Staples Street. The City will take title to these lands at closing and later transfer title to Nueces County. ALTERNATIVES: 1.Execute the Real Estate Sales Contract as submitted under the negotiated terms. (recommended). 2.Do not execute the Real Estate Sales Contract, attempt renegotiation, and risk using eminent domain proceedings. (not recommended). 3. Do not execute the Real Estate Sales Contract and seek alternative routing. (not recommended) CONFORMITY TO CITY POLICY: The Real Estate Sales Contracts are permitted by City Charter, Article X, General Powers and Provisions Section 1 (a)(8) to acquire and own property by the City and also by Section 2 (A) requiring contracts to be authorized by the City Council where the expenditure exceeds the limit of $50,000. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Engineering Services FINANCIAL IMPACT: □ Operating □ Revenue □ Capital □ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Budget $2,000,000 $2,000,000 Encumbered / Expended Amount $0.00 $0.00 This item $852,630 $852,630 Future Anticipated Expenditures This Project $0.00 $0.00 BALANCE $1,147,370 $1,147,370 Fund(s): Bond 2012 RECOMMENDATION: City staff recommends passage of the Motion approving the Real Estate Sales Contracts. LIST OF SUPPORTING DOCUMENTS: Location Map Real Estate Sales Contract, NEC Real Estate Sales Contract, Abdo & Hernden •• • • A• LOCATION MAP NOT TO SCALE PROJECT: E12136 COUNTY ROAD 52 EXTENSION CR 69 to FM 1889 ( BOND ISSUE 2012 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CR52 Extension, CR69 to FM1889 Project # E 12136, Parcel 1, NEC Real Estate Sales Contract THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by NUECES ELECTRIC COOPERATIVE, INC. herein called "Seller" and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 herein called "Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the property described below together with all rights, privileges, existing road improvements, save and except all electrical transmission and distribution lines, underground utility lines, transformers and related property, pertaining to the property situated in Nueces County, Texas: A parcel of land containing 4.73 acres as described by metes and bounds in the attached Exhibit A and as shown on the map attached as Exhibit B, said parcel of land is located within the Nueces River Irrigation Park, Section 2, Lots 9 and 10 as recorded in Volume A, Page 54 of the Map Records of Nueces County, Texas. The Warranty Deed conveying the property shall include language which reserves to Seller a Utility Easement recorded in Document No. 2016002613, Nueces County Deed Re cords, to accommodate Sellers existing electrical transmission and distribution lines, and other improvements located within the boundary of the property conveyed. 2. Purchase Price. $715,980 cash to Seller at closing contingent on: a. Buyer determining that the City and County project funds are sufficient for acquisition of all land parcels for the Project and for all design/construction expenditures after review of contractor bids obtained by Buyer. b. Buyer acquiring all land parcels necessary for construction of the road project. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. Buyer will pay all Closing Costs except costs to cure title, which must be paid by Seller. 5. Property Taxes. Property taxes for the year 2015, if due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2015 to the date of Closing. If contract is Closed in 2016, proration will be on similar terms. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller shall promptly execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits One Thousand Dollars and no cents ($1,000.00) with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein, for any reason other than title defects and/or the contingencies stipulated in Section 2, Purchase Price, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Except for a restriction on title that would prohibit the use of the Property as a pubic road, Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed and completed through the Title Company on or before 90 days from the Effective Date of this Contract. Seller gives Buyer possession of the Property by executing the General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, 2 Texas, or designee. Buyer must execute this Contract within 45 days from the date of Seller's execution of this Contract or this Contract is void. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60-Day Inspection Period. Buyer shall have sixty (60) days (the "60-Day Inspection Period") from the Effective Date of the contract hereof to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60-Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60-Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of making such land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation 3 and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. Buyer acknowledges that it is purchasing an existing roadway and in no way will such roadway be considered Hazardous Material or be the subject of any Environmental Audit as referred to in this Paragraph 10(b). 11. Broker Commission. Seller is responsible for payment of all Broker's fees and commissions, if applicable, incurred in connection with the sale of this property. Buyer has not incurred any Broker fees. Buyer and Seller represent that no brokers fees or commissions are payable. 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in 4 connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with all Environmental Laws (as defined in Section 10(b)). Title to Property. Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. 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, on, or under the Property. Seller may neither construct nor operate, nor allow for others to construct or operate, a well or other drilling or extraction device on the Property. Seller shall execute a no-drilling agreement, prepared by Buyer, to ensure that Seller will neither construct or operate, nor allow for the construction or operation of, a well or other drilling or extraction device on the Property while exercising Seller's or any other individual or corporate person's right to recover any subsurface oil, gas, or other minerals. Seller agrees that any exercise of any right to recover any subsurface oil, gas, or other minerals may not interfere with the rights of the public for use of the Property as a roadway. Seller acknowledges that compliance with this paragraph may require of Seller or any other party to exercise a right to recover subsurface oil, gas or other minerals by use of directional drilling or other methods. 15. Essential. Time is of the essence in closing this transaction. 5 16. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. Counterparts: Multiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract, such that each such original copy of this contract shall consist of (i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. 18. Each person signing this contract represents and warrants that they have authority to execute this contract on behalf of their governing bodies and legally bind the parties. Executed in triplicate, any of which constitutes an original on this Effective Date of _Ii-laucky _2 I ,201 6 . SELLER NUECES ELECTRIC COOPERATIVE, INC. By Printed: Trace McCuan Title: Chief Executive Officer 6 LIANE NICOLE PADILLA My Notary ID # 130442207 Expires November 17, 2019 Nueces Electric Cooperative, I if of the corporation. [Seal] Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on VI (A' 1, 2_1 -21- , 20141 by V a L t L as 1 /41 1,r111q fill1\1 L-c( tE.,-CCfor BUYER CITY OF CORPUS CHRISTI, TEXAS By: Valerie H. Gray, P. E. Executive Director of Public Works ATTEST: REBECCA HUERTA, CITY SECRETARY 7 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 201 by Valerie H. Gray, P. E., as Executive Director of Public Works for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM THIS Z (P DAY OF FOR THE CITY ATTORNEY — Z ,201 . Janet L. Kellogg Assistant City Attorney 8 EXHIBIT "A" LEGAL DESCRIPTION OF A VARIABLE WIDTH RIGHT-OF-WAY FOR THE EXPANSION OF COUNTY ROAD 52 CONTAINING 4.73 ACRES NUECES COUNTY, TEXAS BEING A VARIABLE WIDTH RIGHT-OF-WAY CONTAINING 4.73 ACRES OF LAND RUNNING ACROSS LAND GRANTED TO NUECES ELECTRIC COOPERATIVE IN THE DEED RECORDED AS DOCUMENT #2009025444 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, SAID PROPERTY ALSO BEING OUT OF LOTS 9 AND 10, SECTION 2 OF THE NUECES RIVER IRRIGATION PARK AS SHOWN ON THE MAP RECORDED IN VOLUME A, PAGE 54 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a found concrete TxDOT monument in the eastern Right-Of-Way line of Farm to Market Road 1889 and at the northwest corner of Lot 1 of the Valley View Subdivision as shown on the map recorded in Volume 43, Page 6 of the Map Records of Nueces County, Texas; THENCE South 72°43'40" East, a distance of 2202.91 feet to a 5/8" diameter by 18 inch long iron rod with a red plastic cap stamped "NAISMITH ENG. C.C., TX" set (hereinafter called iron rod set) in the western property line of said Lot 10, marking the Northwestern corner of the herein described Right-Of-Way and the POINT OF BEGINNING; THENCE North 86°38'32" East, a distance of 205.03 feet, to an iron rod set for a corner of the herein described Right-Of- Way; THENCE South 84°53'39" East, a distance of 1096.16 feet to an iron rod set for a corner of the herein described Right-Of-Way; THENCE North 86°08'29" East, a distance of 257.36 feet to an iron rod set on the common center line of a 30 foot Right-Of-Way (15' on either side), same being the north line of said Lot 9, as shown on the map recorded in Volume A, Page 54 of the Map Records of Nueces County, Texas; THENCE South 84°47'04" East, with said common line, a distance of 706.07 feet to an iron rod set in the easterly property line of said Lot 9 for the Northeastern corner of the herein described Right-Of-Way; THENCE South 09°21'56" West, with the easterly property line of said Lot 9, a distance of 65.17 feet to an iron rod set for the Southeastern corner of the herein described Right-Of-Way; THENCE North 84°47'04" West, a distance of 474.27 feet to an iron rod set for a corner of the herein described Right-Of-Way; \ 00 I CI( )(Ai I Al(11,1(1 I 11 ,(11 'AI (I,I( ()MI( OP. I (1.11', (1,,, 1 ,,ige .1 2 THENCE South 86° 08' 29" West, a distance of 479.19 feet to an iron rod set for a corner of the herein described Right-Of-Way; THENCE North 84° 53' 39" West, a distance of 1096.60 feet to an iron rod set for a corner of the herein described Right-Of-Way; THENCE South 86° 38' 32" West, a distance of 205.13 feet to an iron rod set for a corner of the herein described Right-Of-Way; THENCE North 84° 47' 04" West, a distance of 14.75 feet to an iron rod set for the Southwestern corner of the herein described Right-Of-Way; THENCE North 09°21'56" East, a distance of 100.26 feet with the westerly' property line of said Lot 10 to the POINT OF BEGINNING and containing 206,073 square feet or 4.73 acres; NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. i\NrtQ Stacey Ki Mot* RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F# 355 TBPLS F# 100395-00 ••\ ,!( I ; I K VIC, \ ns 9 m;',t d) I5 il n,- _ _ L3 DRAINAGE DITCH R.O.W. CLERK'S FILE NO. 376168 DEED RECORDS, NUECES COUNTY, TEXAS 30' ROAD RIGHT--OF WAY VOLUME A, PAGE 54 DRISCOLL FOUNDATION MAP RECORDS, NUECES COUNTY, TEXAS VOLUME 248, PAGE 208 DEED RECORDS, NUECES COUNTY, TEXAS (LOTS 7 & 8) C 5 14.1 0 LOT 8, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TEXAS L4 I I 0 0 L5 -.1 • L10 EASEMENT E DOC. # 20160026'3 EASEMEN- A DOC # 2016002513 NEW COUNTY ROAD 52 I RIGHT-OF-WAY I 206,073 SQUARE FEET / 4.73 ACRES I I _ I I L6 L8 L7 L11 27 WATERLINE EASEMENT EASEMENT C DOC # 2012036235 DOC. # 2016002613 LOT LINE OT 9, SECTION 2 NUECES RIVER :RR CATION PARK VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TEXAS COUNTY ROAD 69 LO' 10, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TEXAS EASEMENT D DOC. # 2016002613 NUECES E_ECTR!C COOPERATIVE :NC. DOUCUMENT NUMBER 2009025444 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS (LOIS 9 & 10) "°"" sKm RMC 1"=200' 9015-CR52-EXH 2 0113-16 S 9015 LEGEND: = 5 /8" DIAMETER BY 24" LONG IRON ROD WITH RED PLASTIC CAP STAMPED "NAISMITH ENG. C.C. TX" SET = CONCRETE TxDOT MONUMENT FOUND = CALCULATED POINT I -POINT OF COMMENCING if - FOUND CONCRETE TXDOT MONUMENT IN THE EASTERN RIGHT-OF-WAY UNE OF FARM TO MARKET ROAD 1889 AT THE NORTHWEST CORNER OF LOT 1 OF THE VALLEY VIEW SUBDIVISION MAP VOLUME 43, PAGE 6 M.R.N. C. T. 0 100 200 400 GRAPHIC SCALE IN FEET LOT 7, SECTION 2 NULCFS RIVER IRRIGATION PARK VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TEXAS POINT OF BEGINNING 5/8" IRON ROD SET LOT L2 — _ _ LINE- I, Stacey King Mora.,Registered Professional Land Surveyor,hereby certify that this survey was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Land Surveying. Stacey Kin Mora Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. Date: -1)N1 4Aart4e- IS 2 CA t , Parcel Line Table Line # Direction Length L1 S72' 43' 40''E 2202.91' 12 N86' 38' 32.E 205.03' L3 S84' 53' 39.E 1096.16' L4 N86' 08' 29''E 257.36' L5 S84' 47' oeE 708.07' L6 S9' 21' 56"W 65.17' Line # Direction Length L7 N84' 47' oevi 474.27' L8 S86' 08' 29''W 479.19' L9 N84' 53' 39°W 1096.80' L10 S86' 38' 32'W 205.13' L11 N84' 47' oevi 14.75' L12 N9' 21' 56'E 100.26' GENERAL NOTES: 1. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD83). I:111 NaismithEngineering,Inc ENGINEERING ENVIRONMENTAL• SURVEYING F'355 TBPE FIRM 4355 TBPLS F iAm CC345-00 4501 GOLLIHAR RD CORPUS CHRISTI,TEXAS 78411 PH. NO 361-814-9 PLAT OF EXPANSION OF COUNTY ROAD 52 RIGHT OF- WAY ACROSS LANDS OWNED BY NUECES ELECTRIC COOPERATIVE NUECES COUNTY, TEXAS FM 624/NORTHEST BLVD. RIVERWAY DRIVE SIESTA LOOP 1 CR 52B rr BARBER LN.---- ,w PROJECT z SITE RIVER ROCK DRIVE Airs LOCATION MAP (NOT TO SCALE) SOUTH I E XAS ELECTRIC COOPERATIVE VOLUME 1297, PAGE 498 DEED RECORDS, NUECES COUNTY, TEXAS EXHIBIT "B" DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CR52 Extension, CR69 to FM1889 Project # E 12136, Parcel 2, Abdo-Hernden Real Estate Sales Contract THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by Solomon Abdo and A. L. Hernden herein called "Seller" and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 herein called "Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the property described below together with all rights, privileges, existing road improvements and all appurtenances pertaining to the property situated in Nueces County, Texas: a. A parcel of land containing 5.07 acres as described by metes and bounds in the attached Exhibit A and as shown on the map attached as Exhibit B, said parcel of land is located within the Nueces River Irrigation Park, Section 2, Lots 11 and 12 as recorded in Volume A, Page 54 of the Map Records of Nueces County, Texas. b. A parcel of land containing 1.77 acres, more or less, as described by metes and bounds in the attached Exhibit C and as shown on the map attached as Exhibit D, said parcel of land located within the Nueces River Irrigation Park, Section 2, Lot 12, as recorded in Volume A, Page 54 of the Map of Nueces County, Texas. 2. Purchase Price. 5128,350.00 cash to Seller at closing contingent on: a. Buyer determining that the City and County project funds are sufficient for acquisition of all land parcels for the Project and all design/construction expenditures after review of contractor bids obtained by Buyer. b. Buyer acquiring all land parcels necessary for construction of the road project. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company (-Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. Buyer will pay all Closing Costs except costs to cure title, which must be paid by Seller. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2015. All property taxes for the year 2016, if any due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2016 to the date of Closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller shall promptly execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits One Thousand Dollars and no cents ($1,000.00) with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein, for any reason other than title defects and/or the contingencies stipulated in Section 2, Purchase Price, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Except for a restriction on title that would prohibit the use of the Property as a pubic road, Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed and completed through the Title Company on or before 120 days from the date this contract is approved by the City Council and executed by the City Manager or his designee. Seller gives Buyer possession of the Property by executing the General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, 2 Texas, or designee. Buyer must execute this Contract within 75 days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60-Day Inspection Period. Buyer shall have sixty (60) days (the "60-Day Inspection Period") from the effective date of the contract hereof to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60-Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60-Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of making such land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation 3 and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 11. Broker Commission. Seller is responsible for payment of all Broker's fees and commissions incurred in connection with the sale of this property. Buyer has not incurred any Broker fees 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and 4 Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with all Environmental Laws (as defined in Section 10(b)). Title to Property. Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. 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, on, or under the Property. Seller may neither construct nor operate, nor allow for others to construct or operate, a well or other drilling or extraction device on the Property. Seller shall execute a no-drilling agreement, prepared by Buyer, to ensure that Seller will neither construct or operate, nor allow for the construction or operation of, a well or other drilling or extraction device on the Property while exercising Seller's or any other individual or corporate person's right to recover any subsurface oil, gas, or other minerals. Seller agrees that any exercise of any right to recover any subsurface oil, gas, or other minerals may not interfere with the rights of the public for use of the Property as a roadway. Seller acknowledges that compliance with this paragraph may require of Seller or any other party to exercise a right to recover subsurface oil, gas or other minerals by use of directional drilling or other methods. 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. Counterparts: Multiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of 5 the original copies of this contract together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract, such that each such original copy of this contract shall consist of (i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. 18. Each person signing this contract represents and warrants that they have authority to execute this contract on behalf of their governing bodies and legally bind the parties. Executed in triplicate, any of which constitutes an original. SELLER By: Solomon Abdo ( A. L. Hernden THE STATE OF TEXAS § COUNTY OF P3jur-c-L-r § This instrument was acknowledged before me onCt--1-trY\12.14.),' i C‘. ,2015 by Solomon Abdo. N19ota ublic in and for the State of Texas MONICA PERALES My Notary ID # 130385661 Expires September 28, 2019 ....... ... By: 6 THE STATE OF TEXAS § COUNTY OF P3--W Gt.( § This instrument was acknowledged before me on tl CIL-LI-n-1 69-x- 19 , 2015 by A. L. Hernden. MONICA PERALES My Notary ID # 130385661 Expires September 28, 2019 otary Public in and for the State of Texas BUYER CITY OF CORPUS CHRISTI, TEXAS By: Valerie H. Gray, P. E. Executive Director of Public Works ATTEST: REBECCA HUERTA, CITY SECRETARY 7 THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 201_ by Valerie H. Gray, P. E., as Executive Director of Public Works for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM THIS DAY OF lb ec eht p.e,r, 2015 FOR THE CITY ATTORNEY Janet Kellogg Assistant City Attorney JAG1NAM \GEN \ CR52 Extension — E 12136 — RESC_Abdo-liernden 8-25-15.rev 2.doc 8 EXHIBIT "A" LEGAL DESCRIPTION OF A 100 FOOT WIDE RIGHT-OF-WAY FOR THE EXPANSION OF' COUNTY ROAD 52 CONTAINING 5.07 ACRES NUECES COUNTY, 'TEXAS 13FING A 100 MOT WIDE RIGA LOF-WAY CONTAINING 5.07 ACRES OF LAND RUNNING ACROSS LAND GRANTED TO SOLOMON Al3D0 AND A.L. HERNDEN IN THE DEED RECORDED AS DOCUMENT i 2006045294 OF THE DEED RECORDS OF NUECES COUNTY, TEX,AS, SAID PROPERTY AI,SO BEING LOT 11 AND THE REMAINDER OF LOT 12, SECT ION2 OF TI IT; NUECES RIVER IRRIGATION PARK AS SHOWN ON 'HIE MAP RECORDED IN VOLUME A. PAGE 54 OF THE MAP RECORDS OF NUECES COUN FY, "HAAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a found concrete "FxDOT monument in the easterly Right-Of-Way line of harm to Market Road 1889 and at the northwest corner of Lot 1 of the Valley View Subdivision as shown on the map recorded in Volume 43, Page 6 of the Map Records of Nucces County, Texas; THENCE South 09'07'14" West, with said easterly Right-of-Way, a distance of 411.09 feet to a 5.18" diameter by 18 inches long iron rod with a red plastic cap stamped "NAISMI FI I ENG. C.C., TX" set (herein atter called iron rod set) on the easterly Right-Of-Way line of Farm to Market Road 1889, same being the present westerly property line of said Lot 12, said point being the Northwestern corner of the herein described Right-Of-Way and the POINT OF BEGINNING; THENCE South 37'49'55" East, a distance of 68.42 feet to an iron rod set for a corner of the herein described Right-Of-Way. THENCE. South 84'47 04" Fast, a distance of 2.135.61 feet running across said Lots 11 and 12, to an iron rod set on the eastern property line of said Lot 11 for the northeasterly corner of the herein described Right-Of-Way; THENCE South 09'21'56" West. with said easterly lot line or said Lot II, a distance of 100.26 feet to an iron rod set for the southeasterly corner of the herein described Right-Of-Way; THENCE North 8-1'4.7'04" West, a distance of 2,135.18 feet running across said lots 11 and 12. to an iron rod set for a corner of the herein described Rig,ht-01-Wav: THENCE, South 52'10'05 - West, a distance el 73.25 feet to an iron rod set on said easterly Right-Of- Way line of Farm to Market Road 1889 for a corner of the herein described Right-Of-Way: Exhibit A O T ..r. 4- 44:!:;;;t . r. STACEY KING MORA 7 4 6163 7 .4jOir'S S S 4 THENCE. North 09'07'14" Fast, with said easterly Right-01-Way line of FM 1880, a distance or 200.47 feet to the POINT OF BEGINNING and containing 221,057 square feet or 5.07 acres; NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey King Mora RPI.S Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F# 355 TBPLS F# 100395-00 Date: 0 100 200 GRAPHIC SCALE IN FEET 400 1.0! (:-;;H I x N POINT OF COMMENCING FOUND CONCRETE TXDOT MONUMENT PROJECT SITE 0 —J "z( 0 0 LOT 1 LOCATION MAP (NOT TO SCALE) LOT 5, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TEXAS POINT OF BEGINNING 5/8" IRON ROD SET VALLEY VIEW SUBDIVISIO UNIT ONE VOLUME 43, PAGE 6 RECORDS, NUECES COUNTY, TEXAS LOT 6, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TEXAS 40' IRRIGATION CANAL VOLUME 72, PAGE 396 DEED RECORDS, NUECES COUNTY, TEXAS LOT 3 LOT 4 MAP LOT 5 LOT LINE 6 30' ROAD RIGHT—OF—WAY VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TEXAS BARBER LANE LOT 8 !" 7 LOT 9 LOT 10 PARK L2 NEW COUNTY ROAD 52 100'RIGHT-OF-WAY 221,057 SQUARE FEET/5.07 ACRES L4 LOT 12, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TE SOLOMON ABDO & A.L. HERNDEN DOUCUMENT NUMBER 2006045294 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS (LOTS 11 & 12) 0 LOT 11, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 RECORDS, NUECES COUNTY, TEXAS GENERAL NOTES. 20' I, Stacey King Mora.,Registered Professional Land Surveyor,hereby certify that this survey was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Land Surveying. 1 ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE EYS I EM FOR THE LAMBERT SOUTH ZONE (NAD83) 1-+J F- 0 —J 3.3 ACRE ROW ESMT. NUECES COUNTY WATER / IMPROVEMENT DISTRICT #3 / VOL. 139, PG. 442 NaismithEngineering,inc ENGINEERING a ENVIRONMENTALII SURVEYING F-355 TBPE FIRM #355 TBPLS FIRM #100395T)5 4501 GOLLIHAR RD. CORPUS CHRISTI,TEXAS 78411 PH. NO 361-8145950 375' .1 1 Stacey King Mora Registered Professional Land Surveyor Texas Registration No. 6166 I Naismith Engineering, Inc. PLAT OF EXPANSION OF COUNTY ROAD 52 RIGHT-OF-WAY ACROSS LANDS OWNED BY SOLOMON ABDO & A.L. HERNDEN NUECES COUNTY, TEXAS Parcel Line Table Line # Direction Length L1 S37' 49' 55"E 68.42' L2 S84* 47' 04"E 2135.61' L3 S9' 21' 56"W 100.26' L4 N84* 47' 04"W 2135.18' L5 S52* 10' 05"W 73.25' L6 N9° 07' 14"E 200.47' I 9015-CR52 EXti Date: BWB "''" KM le 5514 5E '01/15 This the 20th day of August, 2015 I' i( Russell D. Ochs, R.P.L.S. State of Texas License No. 5241 E12136 — County Road 52 Extension STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 77,021.77 square feet (1.77 acres) of land out of the land granted to Solomon Abdo and A.L. Hernden in the deed recorded as Document #2006045294 of the Deed Records of Nueces County, Texas and also being out of Lot 12, Section 2, Nueces River Irrigation Park, a map of which is recorded in Volume A, Page 54, Map Records of Nueces County, Texas. This 77,021.77 square foot tract being more fully described by metes and bounds as follows: Commencing at a concrete TXDOT monument in existing eastern right-of-way of Farm to Market Road 1889 for the intersection of said right-of-way line with the northern boundary line of Lot 1, Valley View Subdivision Unit 1, a map of which is recorded in Volume 43, Page 6, Map Records of Nueces County, Texas; Thence, South 09°15'32" West, with the existing eastern right-of-way- of Farm to Market Road 1889, a distance of 387.55 feet to a 5/8 inch iron rod with "City of Corpus Christi" cap set at the intersection of said eastern right-of-way with the southern boundary of said Lot I, Valley View Subdivision Unit 1, for the northwest corner of this tract; Thence, South 84°48'28" East, with the southern boundary of Lots I , 3, 4, 5 and 6 of said Valley View Subdivision Unit I, same being the northern boundary of this tract, a distance of 1068.72 feet to a 5/8 inch iron rod with "City of Corpus Christi" cap set on the common boundary of Lots I I and 12, Section 2, said Nueces River Irrigation Park, for the northeast corner of this tract; Thence, South 09°17'58" West, with the common boundary of the above mentioned Lots 11 and 12, same being the eastern boundary of this tract, a distance of 73.44 feet for the southeast corner (no monumentation found or set) of this tract; Thence, North 84°48'28" West, with the southern boundary of this tract, parallel with the southern boundary of said Valley View Subdivision Unit I and 73.25 feet distant there from, at 25.00 feet pass a 5/8 inch iron rod with "City of Corpus Christi" cap set on line and continuing North 84°48'28" West, in all a total distance of 1018.34 feet to a 5/8 inch iron rod with "City of Corpus Christi" cap set for the southwest corner of this tract; Thence, North 37°51'19" West, with the westerly boundary of this tract, a distance of 68.42 feet to a 5/8 inch iron rod with "City of Corpus Christi" cap set on the existing eastern right-of-way of Farm to Market Road 1889 for a corner of this tract; Thence, North 09°15'32" East, with the eastern boundary of said Farm to Market Road 1889, same being the western boundary of this tract and parallel with the centerline of said Farm to Market Road 1889 and 60.00 feet distant there from, a distance of 23.24 feet to the Point of Beginning and containing 77,021.77 square feet (1.77 acres) of land. Bearings based on GPS bearings, Texas State Plane Coordinate System, NAD83 (2011), Texas South Zone. STATE OF TEXAS COUNTY OF NUECES I, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my supervision. K lEnsineeriogISurvoy1PROJECTSVN-E1.2 I 36-COUNTY RD 52 DCTENSION-201571nal Nauman 1,1N-E I 2126-COUNTY RD 52 EXTENSION-20115-FN docx Page I of I Exhibit C FO. spa' N.R. FD. 5/B' I.R. 40' 11/DE IRRIGATION CANAL VOL 7Z PC, 3.98, 10' U.E. giTy5,451,r,ezzi CHRISTI CAP 600 MAP TO ACCOMPANY FIELDNOTES 200 400 373' MOE ROW EASEMENT TO NUECES COUNTY WATER IMPROVEMENTS DISTRICT NO. 3 VOL 139, PG 442, D.R.N.C.T. "POINT OF COMMENCEMENT is OF FIELDNOTE DESCRIPTION I REMAMER OF ll (sr 2 /I FD. TOOT MONUMENT 10' U.E. it b LOr 7 k. 60' "POINT OF BEGINNING" OF FIELDNOTE DESCRIPTION CITY of CORPUS CHRISTI. TEXAS Engineering Services Survey Division 361-826-3551 Checked By: ROWN craltriTer I OF I Project. £121.36-CO.RIL 52 Date: 4120/2015 Doren Dr WS ICIEngifeertne1SurveAPROJECISVer-E12151-COLORY RD 52 ORDISION-2015% 04-2$21.10-COLIITY RD 92 EXTENSOY-2015.dev FOR A 1.77 ACRE (77,021.77 SQUARE FEET) TRACT OF LAND OUT OF THE LAND GRANTED TO SOLOMON ABDO AND AL MINDEN 114 THE DEED RECORDED AS DOCUMENT #2008045294 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS AND ALSO BEING OUT OF LOT 12, SECTION 2, NUECES RIVER IRRIGAGATION PARK A MAP OF WHICH IS RECORDED IN VOLUME A, PAGE 54, MAP RECORDS OF NUECES COUNTY. TEXAS. BEARINGS SHOW ARE WISED ON CPS WAWA 11iYAS STATE INANE COONOIN4TE SY37E4 (201 1 TEXAS SOUTH 2ONE AGENDA MEMORANDUM Future item for the City Council meeting of February 16, 2016 Action Item for the City Council meeting of February 23, 2016 DATE:January 14, 2016 TO:Ronald L. Olson, City Manager FROM:Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Authorization to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant Program. CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant Program. PURPOSE: The purpose of this item is to receive authorization to submit the grant application to the State of Texas, Office of the Governor for the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant Program. The application is due March 4, 2016. BACKGROUND AND FINDINGS: The DEAAG program is administered by the Texas Military Preparedness Commission within the Office of the Governor. DEAAG is codified in Government Code, Chapter 436, and the program administrative rules are in Subchapter B, Title 1, Chapter 4, Texas Administrative Code. The purpose of the program is to provide state funding for any of the followings: Acquiring federal grant assistance; For sharing in the cost of redevelopment of communities that have been adversely or positively affected by the Base Realignment and Closure Act or Department of Defense reduction or loss of funding; or In the case of infrastructure, adds military value to the military installation. The 84th Texas Legislature appropriated $30 million ($15 million in Fiscal Year 2016 and $15 million in Fiscal Year 2017) to assist defense communities that have been, or may potentially be, impacted by a past or future Base Realignment and Closure (BRAC) action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects. The 84th Texas Legislature also amended the DEAAG statute to increase the maximum grant awards from $2 million to $5 million. So the possibility exists that a minimum of only three $5 million grant awards could be made each round. The DEAAG program generally requires a 50% match, but the TMPC may reduce that to a 20% match or 100% grant with no match, if the local government can demonstrate that resources are not available because of limited local budgets. The match can be either cash or in-kind services. The City was one of 15 applications in the first round, which were awarded on December 10, 2015. The application was ranked tied for fourth with an application from the City of Wichita Falls. The TMPC was able to fully fund the top three scoring applications and the Wichita Falls project with the first allocation of funding. Corpus Christi’s application could not have been fully funded along with the top three projects. The second round of applications opened on January 20, and closes on March 4, 2016. The TMPC will award the second round of funding on March 31, in Austin. All awarded funds must be spent by August 31, 2017. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating □Revenue □Capital □Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Page 1 of 3 RESOLUTION Authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant Program. WHEREAS,With 15 major installations, numerous headquarters, open spaces for realistic training, low cost of living and outstanding support to military and families, Texas has a long, significant and proud history of partnership with the defense of our nation; and WHEREAS, active duty and reserve installations across the branches of service in Texas have an economic impact of roughly $150 billion to the Texas economy per year and 255,000 uniformed and civilian employees which generates a significant amount of sales tax revenue for the State; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride, provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS, Naval Air Station Corpus Christi and the Corpus Christi Army Depot have an estimated employment of more than 9,400 full-time and contract employees making CCAD the largest employer in the City and NASCC the sixth largest; and WHEREAS, the State of Texas and local communities have the opportunity to make Texas the most effective and efficient location for the Department of Defense to train and operate and could create initiatives to make Texas the #1 “military friendly” place for service members and their families to live, work and play; and WHEREAS, many Texas companies have contracts to provide services with local military installations creating jobs and additional tax revenue; and the State of Texas is in the top three states for receiving Department of Defense contracts, with the top awards going to aircraft development; and WHEREAS, the installations in the state are vital to national security and Texas has specialized in mobilizing and deploying troops, over 1 million, in the past 12 years; and to support this mobilization, the installations and depots have dedicated railheads and runways capable of handling large passenger and cargo aircraft, and Texas has road and rail transportation to Texas ports for deployments with dedicated roll on roll off Navy ships berthed at Texas ports along with the necessary infrastructure at the ports for storage and loading of the ships; and WHEREAS, Texas has unencumbered airspace, ground maneuver space, and open water for training of all branches of service with virtually every weapon system as well as some of the most diverse topography for excellent training scenarios, the weather Page 2 of 3 provides for the ability to train year round and deployments from Texas installations are efficient due to airfields, road systems, and rail transportation to ports in the state and, finally, the cost of living at Texas installations are some of the lowest in the country; and WHEREAS, the 84th Texas Legislature appropriated $30 million to the Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant fund to assist defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects; and WHEREAS, grant applications for the first round of $15 million were awarded on December 10, 2015 and the City of Corpus Christi’s application ranked tied for fourth out of 15 applications, but was not funded; and WHEREAS, grant applications for the second round of $15 million to be awarded March 31, 2016 must be submitted between January 20, 2016 and March 4, 2016; and WHEREAS, the City of Corpus Christi’s goal is to submit a DEAAG application that benefits both Naval Air Station Corpus Christi and the Corpus Christi Army Depot. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager, or designee, is authorized to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant Program for the following projects: (a) Removal of the currently deteriorated asphalt runway apron at Truax Field and replacement with a concrete apron to allow maximum efficiency of pilot training at Naval Air Station Corpus Christi, with an estimated project cost of approximately $1.061 million, and (b) the mechanical and electrical isolation, demolition and removal of various sewerage distribution lines serving several hangars and replacing those line(s) with modern poly/composite material replacements of equivalent size(s) that are not susceptible to damage or deterioration by either corrosive or erosive mechanisms, and replacing the man-hole cover accesses along the existing sewerage lines with elevated accesses to address problems of flooding with an estimated project cost of approximately $3.5 million. Page 3 of 3 Adopted this the ____________ day of ______________________, 2016. ATTEST: THE CITY OF CORPUS CHRISTI _____________________________ ____________________________ Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Nelda Martinez ______________ Rudy Garza ______________ Chad Magill ______________ Colleen McIntyre ______________ Lillian Riojas ______________ Brian Rosas ______________ Lucy Rubio ______________ Mark Scott ______________ Carolyn Vaughan ______________ AGEND A MEMORANDUM First Reading Ordinance for the City Council Meeting of 2/16/16 Second Reading Ordinance for the City Council Meeting of 2/23/16 DATE: January 26, 2016 TO: Ronald L. Olson, City Manager FROM: Laura Z. Garcia, Library Director lauraga@cctexas.com 826-7070 Appropriation of reimbursement funds from the Texas State Library and Archives Commission for the Corpus Christi Public Libraries. CAPTION: Ordinance appropriating a reimbursement received from the Texas State Library and Archives Commission for participation in the Interlibrary Loan Program in the amount of $16,972.92 into the Library Grant Fund No. 1068, to be used for library technology services; and increasing expenditures in the Library Grant Fund No. 1068 by $16,972.92. PURPOSE: To be used for library technology services. BACKGROUND AND FINDINGS: A reimbursement in the amount of $16,972.92 was received from the Texas State Library and Archives Commission for participation in the Interlibrary Loan Program. Corpus Christi Public Libraries completed 2,568 lends. ALTERN ATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to policy regarding appropriations. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEAR ANCES: None FINANCI AL IMPACT: □ Operating X Revenue □ Capital □ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 16,972.92 16,972.92 BALANCE 16,972.92 16,972.92 Fund(s): Comments: None. RECOMMENDATION: Staff recommends appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance Appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $16,972.92 into the Library Grant Fund No. 1068 to be used for library technology services; and increasing expenditures in the Library Grant Fund No. 1068 by $16,972.92 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $16,972.92 reimbursement received from the Texas State Library and Archives Commission for participation in the Interlibrary Loan Program is appropriated into the Library Grant Fund No. 1068 to be used for library technology services. SECTION 2. The Library Grant Fund No. 1068 is changed by increasing expenditures by $16,972.92. 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 Nelda Martinez City Secretary Mayor DATE:February 19, 2016 TO:Ronald L. Olson, City Manager THRU:Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM:Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director of Park and Recreation JayEll@cctexas.com (361)826-30432 Authorization to Accept Funds and Execution of Construction Contract Change Order #1 Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center (Bond 2012) CAPTION: Ordinance accepting and appropriating a donation in the amount of $100,000 from the Corpus Christi Tennis Association in Fund No. 3280 for the HEB and Al Kruse Tennis Centers; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $100,000; and authorizing the City Manager, or designee, to execute Change Order #1 with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $390,873.00 for the HEB and Al Kruse Tennis Centers for the replacement and reconstruction of the elevated viewing platform at the HEB Tennis Center. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to accept a donation from the Corpus Christi Tennis Association and execute Change Order No. 1 to a Construction Contract with Safenet Services, LLC. for Tennis Centers Repairs and Improvements at the HEB Tennis Center. BACKGROUND AND FINDINGS: On November 10, 2015, the City Council approved a construction contract with SafeNet Services in the amount of $1,809,131 for Part A of the project. The agenda item associated with that vote explained that future projects will be developed for specific building improvements within the remaining funds. It was also noted that City Parks and Recreation Staff will pursue potential joint funding opportunities with the Corpus Christi Tennis Association for specific work items not awarded in this bid. AGENDA MEMORANDUM First Reading for the City Council Meeting of February 16, 2016 Second Reading for the City Council Meeting of February 23, 2015 Due to funding limitations, the construction contract award only included Part A work. However, the viewing deck at the HEB Tennis Center from Part B is considered very important to the Corpus Christi Tennis Association (CCTA). For this reason the CCTA is donating $100,000 toward the cost to complete the work. The remaining funds for the construction of the viewing deck will come from the Bond 2012 funds for this project. The improvements associated with this proposed Change Order to the HEB Tennis Center include the demolition and replacement of the viewing platform and canopy. The new viewing platform will be fully ADA accessible with the installation of an electric wheelchair lift. ALTERNATIVES: 1. Execute Change Order #1 for the viewing deck with Safenet Services, LLC. as proposed. (Recommended). 2. Do not execute the Change Order #1 for the viewing deck with Safenet Services, LLC. as proposed. (Not Recommended). OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 – Parks and Recreation Improvements. To expedite construction and economize on costs, work involving building improvements will be completed through the Facilities Multiple Award Contract (FMAC) Program. A small JOC contract was issued to Haeber Roofing to re-roof the pro-shop, lounge and tennis building at the HEB Tennis Center. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Construction Change Orders. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: □ Operating □ Revenue X Capital □ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,000,000.00 $3,000,000.00 This Item - Ordinance $100,000.00 100,000.00 Revised Budget $3,000,000.00 $100,000.00 $3,100,000.00 Encumbered/Expended Amount 234,200.00 1,809,131.00 2,043,331.00 This item – Change Order 390,873.00 390,873 Future Anticipated Expenditures 370,413.10 370,413.10 BALANCE 2,765,800 -2,470,417.10 $295,382.90 Fund(s): Park CIP Funds Comments:The Construction Contract Change Order will result in the expenditure of an amount not to exceed $390,873.00 and will add 30 days to the project budgets which is now estimated to be complete in eight months from the issuance of the Notice to Proceed. RECOMMENDATION: City Staff recommends the approval of the Construction Contract Change Order for the viewing platform at the HEB Tennis Center with Safenet Services, LLC. of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Agreement with Tennis Center Location Map Presentation PROJECT BUDGET ESTIMATE HEB and Al Kruse Tennis Centers (Project No. E12118) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 $3,000,000.00 Corpus Christi Tennis Center Donation 100,000.00 PROJECT FUNDS AVAILABLE:3,100,000.00$ FUNDS REQUIRED: Construction Construction (Safenet Services, LLC.)………………………………………………………………………………………..1,809,131.00 Contingency (10%)……………...……………………………………………………………………………………………………………………….180,913.10 Change Order No. 1 (This Item)………………………………………………………..390,873.00 Construction Inspection (2%)………………………………………………………………………60,000.00 Design Fees: Architect (CLK Architects & Associates, Inc.. ).……………………………………………………………………………………………………….226,700.00 Geotechnical Study and Testing (Rock Engineering)………………………………………………………………….7,500.00 Reimbursements: Contract Administration (Eng Admin/Finance/Capital Budget) (1.75%)……………………………………………………………………………….52,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (2.5%)………………………………………………………………………………..75,000.00 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..2,000.00 TOTAL………………………………………………………………………………………………………………………………………2,804,617.10$ ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………………………………………295,382.90$ Ordinance accepting and appropriating a donation in the amount of $100,000 from the Corpus Christi Tennis Association in Fund No. 3280 for the HEB and Al Kruse Tennis Centers; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $100,000; and authorizing the City Manager, or designee, to execute Change Order #1 with Safenet Services, LLC of Corpus Christi, Texas in the amount of $390,873 for the HEB and Al Kruse Tennis Centers for the replacement and reconstruction of the elevated viewing platform at the HEB Tennis Center. (Bond 2012) 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 appropriate a donation of $100,000 from the Corpus Christi Tennis Association into Fund 3280 for the HEB and Al Kruse Tennis Center Project. (Bond 2012). SECTION 2.Revenues and expenditures in the amount of $100,000 are increased in the FY 2016 Capital Improvement Budget adopted by Ordinance No 030621. SECTION 3.The City Manager or designee is authorized to execute Change Order No. 1 to the construction contract for the HEB and Al Kruse Tennis Center project (Bond 2012) for the replacement and reconstruction of the elevated viewing platform in the amount of $390,873 with Safenet Services 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 ___________, 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 CITY OF CORPUS CHRISTI _______________________________________________________________ Rebecca Huerta Nelda Martinez City Secretary Mayor Gift Agreement between the City of Corpus Christi and the Corpus Christi Tennis Association Whereas, the voters of the City of Corpus Christi Texas authorized Proposition 4 in November 2012 which provided bond funds for improvements to the HEB & Al Kruse Tennis Centers; Whereas, the Corpus Christi Tennis Association desires to supplement the bond funds with additional donated funding to be used by the City for improvements to the HEB Tennis Center; Now therefore, this Gift Agreement (the "Agreement") is made by and between the City of Corpus Christi ("City") and the Corpus Christi Tennis Association, ("CCTA") a Texas nonprofit corporation, and the parties mutually agree as follows: 1. The CCTA hereby agrees to gift to the City the amount of $100,000 ("the Gift") no later than 30 days after signing this agreement for the sole purpose of construction of improvements to the HEB Tennis Center. 2. CCTA acknowledges that timely receipt of the Gift by the City is required in order to accommodate the construction schedule for the improvements to the HEB Tennis Center. 3. All interest that accrues on the Gift shall be used solely by the City for improvements to the HEB Tennis Center. 4. The City agrees to accept the Gift from the CCTA, which will be utilized solely on improvements to the HEB Tennis Center, specifically the demolition and replacement of the existing viewing platform. 5. Any portion of the Gift not disbursed by the City two years from the date of this Agreement will be refunded to the CCTA. 6. This Agreement cannot be assigned, modified or amended unless both parties mutually consent in writing, executed by representatives of each party. Copies of this agreement are as legally effective as the original. CITY OF CORPUS CHRISTI CORPUS CHRISTI TENNIS ASSOCIATION Valerie H. Gra y, P.E. Date —Christine Cone ate Executive Director Public Works President APPROVED AS TO LEGAL FORM Assistant City Attorney Date RECOMMENDED Jay Ellington Date Director of Parks and Recreation Change Order 44511,11 CHANGE ORDER NO.: I CHANGE ORDER DATE: 2/3/2016 PROJECT: F1EB and Al Kruse Tennis Centers (Bond 2012) Re -Bid PROJECT NUMBER: E12118 CONTRACTOR: SafeNct Services, LLC CONTRACT TIME: .80 CD ENGINEER: CLK Architects & Associates Make the following additions, modifications or deletions to the work described in the Contract Documents: General Conditions Additional Bond Requirement for Added Scope 1 L S ,r 54,442 00 54,442 00 2 Sitework - Demolition & Disposa'- 1 L S Q 522,713 00 522,713 GO 3 Concrete - Added concrete for Viewing Plntform I L S Cal 528,740.00 528340 00 4 Structural Steel - Added steel for Viewing Platform I L 5 ® S262,407 00 5262.407 00 5 Chair Lift I L 5 @ 538.29700 538.297 00 6 Extended 5 year warranty - per specifications I L S ? 55,744.00 55.744 00 7 Option RAL Paint Colors I L 5. ® 51,905.00 51,905 00 8 Wheelchair Lift Glazing 1 L,S (01,380 00 51.380.00 9 Electrical - Added for Viewing Platform 1 L S Q 525.245 00 525,245 00 Net Total of This Change Order S 390,873.00 Why was this Change necessary: The Bond 2012 language included the replacement of the viewing platform, however, not all of the design improvements could be constructed for die bond funding. The project was broken into a Part A and a Part 13 plus several additive alternates to ensure that a contract could be awarded The bond funding was insufficient to award both Pan A and Part B so only Part A was awarded, The viewing platform was included in Part B and therefore was not awarded The Corpus Christi Tennis Association feels that the viewing platform is very important and has now donated 5100.000 to the City to assist to funding the replacement of the viewing platform The remaining funds will come from the Bond 2012 funds for this project not used to date How can similar changes be avoided in the future? Changes such as these which include add tional funding being provided from user groups are difficult to anticipate Thoroughly engaging stakeholders during the design phase may help reduce these changes. The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforeseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect an changed or unchanged work as a result of this Change Order, Origina, Contract Amount 5 1,809.131.00 Previously Approved Change Order Amount S - Proposed Change Order Amount S 390,873.00 Revised Contract Amount S 2,200,004.00 Percent of Total Change Orders (including this CO) 21.61% Previous Change Order Contract Time 180 CD Additional Time on This Change Order 30 CD Revised Contract Time 210 CD Recommended by [CONSULTING FIRM' Approved by ICONTRACTORI By NIA Uy — lk. Date Recommended $61) 4" Q Recommended by: Recommended by: Recommended by: CITY OF CORPUS CHRISTI Philip Jot ehk, P.E. Acting Construction Engineer 00/4 Date Jefferey Edmonds. P.E. Director of Engineering Services Dale Eddie Houlihan Date Budget and Finance Janet Kellogg City Attorney Date Approved by: Approved by: Approved by: Date Valerie H. Gray, P.E. Date Executive Director of Public Works Gustavo Gonzalez, P.E. Dale Assistant City Manager Ronald L. Olson City Manager Date Council Presentation February 16, 2016 HEB and Al Kruse Tennis Center Improvements – Change Order No. 1 1 2 Project Location Map Change Order No. 1 includes additional improvements at HEB Tennis Center 3 Project Location Map HEB Tennis Center 4 Project Location Map HEB Tennis Center Replace Existing Viewing Platform •Corpus Christi Tennis Association (CCTA) donating $100,000 toward construction •Change Order No. 1 with SafeNet for $390,873 to complete work 5 Project Schedule Original Project Construction Estimate: 210 Calendar Days 7 Months Updated Project Construction Estimate: 30 additional Calendar Days 8 Months 2015 2016 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Re- Design Re-Bid / Award Construction AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for City Council Meeting February 23, 2016 DATE:2/2/2016 TO:Ronald L. Olson, City Manager FROM:Margie Rose, Deputy City Manager MargieR@cctexas.com 361-826-3220 FROM:Rudy Bentancourt, Interim Administrator RudyB@cctexas.com 361-826-3021 CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Avanti at Calallen Apartments to be developed by MDS Housing Leopard, Ltd. PURPOSE: The purpose of the Resolution(s) is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs’ 2016 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi’s Housing and Community Development Department has received five individual requests for a Resolution to support the application and development of the five developments for affordable rental housing. The developments are hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs’ (TDHCA) 2016 Qualified Allocation Plan’s Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. The Governing Body may also provide a Resolution of No Objection or No Resolution. The Avanti at Calallen Apartments, once constructed, will be an affordable housing development located East of Leopard St. and Callicoatte Rd., Corpus Christi, TX 78410. MDS Housing Leopard, Ltd. proposes the construction of approximately 120 new apartments serving low-income seniors at or below 60% of the Area Resolution in support of an Affordable Housing project known as the Avanti at Calallen Apartments to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA and private debt. The Calallen Apartments, once constructed, will be an affordable housing development located at 14800 Northwest Blvd., Corpus Christi, TX 78410. ProsperaHCS Calallen, LP., proposes the construction of 96 new apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $300,000. The Cayetano Villas of Calallen Apartments, once constructed, will be an affordable housing development located on Interstate Highway 37 on the corner of Up River Rd., Corpus Christi, TX 78410. Cayetano Housing and Development proposes the construction of 96 new apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA and private debt. Mar Bella Providence Apartments, once constructed, will be an affordable housing development located on 11330 Leopard St., Corpus Christi, TX 78410. The ITEX Group, LLC. proposes the construction of 128 new apartments serving low-income seniors at or below 60% AMI of the Area Median Income for 102 units and 26 Market Rate units. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA and private debt. Samuel Place Apartments, once constructed, will be an Affordable Housing Development located at 4315 Carroll Ln., Corpus Christi, TX 78411. TG 110 Samuel Place, LP., proposes the demolition and reconstruction of 60 apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $200,000. Of the four requests, one developer (TG 110, Inc.) is competing for the At-Risk Set-Aside pool of funds (a statewide pool of funds) and three developers are competing for the Region 10 Urban Category pool of funds. Only one development will be awarded Housing Tax Credits from the Region 10 Urban Category. Each proposed developer will be available to answer any questions to the City Council regarding their proposed application and project. For the February 16, 2016 City Council Meeting, the developer for the Cayetano Villas of Calallen Apartments requested to withdraw the request for a resolution of support. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable RECOMMENDATION: Staff recommends that the City Council recognize the applicant’s application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution – The Avanti at Calallen Presentation – Affordable Housing Resolutions Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Avanti at Calallen Apartments to be developed by MDS Housing Leopard, Ltd. Whereas, MDS Housing Leopard Ltd. (the “Applicant”) has proposed a development project to construct approximately 120 apartments to provide affordable housing that is located at approximately Leopard St., East of Leopard St. and Callicoatte Rd., Corpus Christi, Texas 78410 and named the Avanti at Calallen Apartments (“the Avanti at Calallen Apartment Project”); and Whereas,the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs (“TDHCA”) for 2016 Housing Tax Credits for the Avanti at Calallen Apartment Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed the Avanti at Calallen Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Avanti at Calallen Apartment Project. PASSED AND APPROVED this _____ day of __________________, 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas _________ of ___________________, 2016 The above resolution was passed by the following vote: Nelda Martinez ____________ Rudy Garza, Jr. ____________ Chad Magill ____________ Colleen McIntyre ____________ Lillian Riojas ____________ Brian Rosas ____________ Lucy Rubio ____________ Mark Scott ____________ Carolyn Vaughn ____________ Council Presentation February 16, 2016 Affordable Housing Resolutions 1 2 Developer – MDS Housing Leopard, Ltd. Units – 120 (new construction) Address – East of Leopard St. and Callicoatte Rd., Corpus Christi, TX 78410 Population served – Elderly/Seniors The Avanti at Calallen 3 Developer – ProsperaHCS Calallen, LP. Units – 96 (new construction) Address – 14800 Northwest Blvd., Corpus Christi, TX 78410 Population served – Multifamily Calallen Apartments 4 Developer – The ITEX Group, LLC. Units – 128 (new construction) Address – 11330 Leopard St. Corpus Christi, TX 78410 Population served – Elderly/Seniors Mar Bella Providence 5 Developer – TG 110 Samuel Place, LP. Units – 60 (demolition/reconstruction) Address – 4315 Carroll Ln. Corpus Christi, TX 78411 Population served – Multifamily Samuel Place Apartments 6 Locations AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for City Council Meeting February 23, 2016 DATE:2/2/2016 TO:Ronald L. Olson, City Manager FROM:Margie Rose, Deputy City Manager MargieR@cctexas.com 361-826-3220 FROM:Rudy Bentancourt, Interim Administrator RudyB@cctexas.com 361-826-3021 CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Calallen Apartments to be developed by ProsperaHCS Calallen, LP. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs’ 2016 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi’s Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs’ (TDHCA) 2016 Qualified Allocation Plan’s Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. The Calallen Apartments, once constructed, will be an affordable housing development located at 14800 Northwest Blvd., Corpus Christi, TX 78410. ProsperaHCS Calallen, LP., proposes the construction of 96 new apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $300,000. Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: 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 that the City Council recognize the applicant’s application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution – Calallen Apartments Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Calallen Apartments to be developed by ProsperaHCS Calallen, LP. Whereas, ProsperaHCS Calallen, LP (the “Applicant”) has proposed a development project to construct 96 apartments to provide affordable housing that is located at approximately 14800 Northwest, Corpus Christi, Texas 78410 and named Calallen Apartments (“Calallen Apartment Project”); and Whereas,the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs (“TDHCA”) for 2016 Housing Tax Credits for the Calallen Apartment Project; and Whereas,the City of Corpus Christi will provide its assistance under the HOME Program utilizing loan terms that meet the requirements of the TDHCA 2016 Qualified Allocation Plan, Section 11.9 (d)(1) in order to ensure the maximum possible score by the applicant under TDHCA’s rules; Whereas, the Applicant has pre-applied for HOME funding for the Calallen Apartment Project in the amount of $300,000 from the City of Corpus Christi; and Whereas,the City of Corpus Christi intends to commit set aside HOME Funds from the City of Corpus Christi FY 2016 Consolidated Annual Action Plan (“CAAP”) to support the Applicant’s Calallen Apartment Project contingent upon an award of Housing Tax Credits from the TDHCA to Applicant and subject to available funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Calallen Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Calallen Apartment Project. Funding from the City of Corpus Christi for this proposed project will be subject to award of Housing Tax Credits to Applicant and receipt of available HOME funds to be approved by U.S. Department of Housing and Urban Development through the City of Corpus Christi FY 2016 CAAP. PASSED AND APPROVED this _____ day of __________________, 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas _________ of ___________________, 2016 The above resolution was passed by the following vote: Nelda Martinez ____________ Rudy Garza, Jr. ____________ Chad Magill ____________ Colleen McIntyre ____________ Lillian Riojas ____________ Brian Rosas ____________ Lucy Rubio ____________ Mark Scott ____________ Carolyn Vaughn ____________ AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for City Council Meeting February 23, 2016 DATE:2/2/2016 TO:Ronald L. Olson, City Manager FROM:Margie Rose, Deputy City Manager MargieR@cctexas.com 361-826-3220 FROM:Rudy Bentancourt, Interim Administrator RudyB@cctexas.com 361-826-3021 CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Mar Bella Providence Apartments to be developed by the ITEX Group, LLC. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs’ 2016 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi’s Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs’ (TDHCA) 2016 Qualified Allocation Plan’s Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Mar Bella Providence Apartments, once constructed, will be an affordable housing development located on 11330 Leopard St., Corpus Christi, TX 78410. The ITEX Group, LLC. proposes the construction of 128 new apartments serving low-income seniors at or below 60% AMI of the Area Median Income for 102 units and 26 Market Rate units. If selected for Housing Tax Credits, the development will be primarily funded through Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) TDHCA and private debt. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: 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 that the City Council recognize the applicant’s application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution – Mar Bella Providence Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Mar Bella Providence Apartments to be developed by the ITEX Group, LLC. Whereas, The ITEX Group, LLC.(the “Applicant”) has proposed a development project to construct 128 apartments to provide affordable housing that is located at 11330 Leopard St., Corpus Christi, Texas 78410 and named Mar Bella Providence Apartments (“Mar Bella Providence Apartment Project”); and Whereas,the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs (“TDHCA”) for 2016 Housing Tax Credits for Mar Bella Providence Apartment Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Mar Bella Providence Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for Mar Bella Providence Apartment Project. PASSED AND APPROVED this _____ day of __________________, 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas _________ of ___________________, 2016 The above resolution was passed by the following vote: Nelda Martinez ____________ Rudy Garza, Jr. ____________ Chad Magill ____________ Colleen McIntyre ____________ Lillian Riojas ____________ Brian Rosas ____________ Lucy Rubio ____________ Mark Scott ____________ Carolyn Vaughn ____________ AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for City Council Meeting February 23, 2016 DATE:2/2/2016 TO:Ronald L. Olson, City Manager FROM:Margie Rose, Deputy City Manager MargieR@cctexas.com 361-826-3220 FROM:Rudy Bentancourt, Interim Administrator RudyB@cctexas.com 361-826-3021 CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs’ 2016 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi’s Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs’ (TDHCA) 2016 Qualified Allocation Plan’s Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Samuel Place Apartments, once constructed, will be an Affordable Housing Development located at 4315 Carroll Ln., Corpus Christi, TX 78411. TG 110 Samuel Place, LP., proposes the demolition and reconstruction of 60 apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $200,000. Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: 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 that the City Council recognize the applicant’s application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution – Samuel Place Apartments Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. Whereas, TG 110 Samuel Place, LP.(the “Applicant”) has proposed a development project to demolish and reconstruct 60 apartments to provide affordable housing that is located at 4315 Carroll Ln., Corpus Christi, Texas 78411 and named Samuel Place Apartments (“Samuel Place Apartment Project”); and Whereas,the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs (“TDHCA”) for 2016 Housing Tax Credits for the Samuel Place Apartment Project; and Whereas,the City of Corpus Christi will provide its assistance under the HOME Program utilizing loan terms that meet the requirements of the TDHCA 2016 Qualified Allocation Plan, Section 11.9 (d)(1) in order to ensure the maximum possible score by the applicant under TDHCA’s rules; Whereas, the Applicant has pre-applied for HOME funding for the Samuel Place Apartment Project in the amount of $200,000 from the City of Corpus Christi; and Whereas,the City of Corpus Christi intends to commit set aside HOME Funds from the City of Corpus Christi FY 2016 Consolidated Annual Action Plan (“CAAP”) to support the Applicant’s Samuel Place Apartment Project contingent upon an award of Housing Tax Credits from the TDHCA to Applicant and subject to available funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Samuel Place Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Samuel Place Apartment Project. Funding from the City of Corpus Christi for this proposed project will be subject to award of Housing Tax Credits to Applicant and receipt of available HOME funds to be approved by U.S. Department of Housing and Urban Development through the City of Corpus Christi FY 2016 CAAP. PASSED AND APPROVED this _____ day of __________________, 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas _________ of ___________________, 2016 The above resolution was passed by the following vote: Nelda Martinez ____________ Rudy Garza, Jr. ____________ Chad Magill ____________ Colleen McIntyre ____________ Lillian Riojas ____________ Brian Rosas ____________ Lucy Rubio ____________ Mark Scott ____________ Carolyn Vaughn ____________ DATE:February 3, 2016 TO:Ronald L. Olson, City Manager THRU:Margie Rose, Deputy City Manager MargieR@cctexas.com 826-3220 FROM:Rudy Bentancourt, Interim Director RudyB@cctexas.com 826.3021 CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most significantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. PURPOSE: The purpose of the Resolution is to identify the proposed development of Samuel Place Apartments as contributing most significantly to the concerted revitalization efforts of the City Central Corridor Plan. BACKGROUND AND FINDINGS: On February 25, 2014 the City Council passed a Resolution approving the City Central Corridor Community Revitalization Plan for an area encompassing the border streets of Staples Street on the East, Everhart Road to the South, Saratoga Boulevard to the West, and Ayers Street to the North. In 2016, TG 110 Samuel Place, LP., is proposing a Housing Tax Credit Project for Samuel Place Apartments. Samuel Place Apartments is located within the boundaries of the City Central Corridor Community Revitalization Plan. Per the Texas Department of Housing and Community Affairs (TDHCA) 2016 Qualified Allocation Plan guidelines, the proposed development could earn a maximum of six (6) points if the proposed development is explicitly identified by the Governing Body as contributing most significantly to the concerted revitalization efforts. The Samuel Place Apartment development does contribute to the revitalization efforts of the plan. ALTERNATIVES: None Resolution identifying the project known as Samuel Place Apartments located at 4315 Carroll Lane, in the City Central Corridor Community Revitalization Plan which will contribute to revitalization efforts AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval is required for the passing of the resolution. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: □ Operating □ Revenue □ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that City Council adopt the City Central Corridor Community Revitalization Plan. LIST OF SUPPORTING DOCUMENTS: Resolution City Central Corridor Community Revitalization Plan Revitalization Plan Map Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most significantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. Whereas, the City of Corpus Christi has considered the revitalization needs of the City Central Corridor (the “Designated Area”) and approved a Community Revitalization Plan (the “Plan”) for the Designated Area on February 25, 2014; and Whereas,in furtherance of the community revitalization activities noted in the Plan, TG 110 Samuel Place, LP and its affiliates (the “Applicant”) propose to reconstruct an affordable housing development with up to 60 residential units (the “Affordable Housing”) in the Designated Area, to be known as Samuel Place; and Whereas,the Applicant proposes to apply for financing for the Affordable Housing, including Low Income Housing Tax Credits (“Tax Credits”) from the Texas Department of Housing and Community Affairs (“TDHCA”) pursuant to TDHCA’s 2016 Qualified Allocation Plan (the “QAP”); and Whereas, the City supports the development of the Affordable Housing because of its anticipated community revitalization impact for the Designated Area; and Whereas,the Affordable Housing is the only applicant for Tax Credits in the 2016 competitive round that the City wishes to identify as contributing most significantly to the City’s revitalization efforts in the Designated area pursuant to Section 11.9(d)(7)(A)(ii)(II) of the QAP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the development of the Affordable Housing and has selected the Affordable Housing as the only proposed Tax Credit application for 2016 that contributes most significantly to the City’s concerted revitalization efforts in the Designated Area. Section 2. This resolution shall become effective immediately upon its passage. PASSED AND APPROVED this _____ day of __________________, 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas _________ of ___________________, 2016 The above resolution was passed by the following vote: Nelda Martinez ____________ Rudy Garza, Jr. ____________ Chad Magill ____________ Colleen McIntyre ____________ Lillian Riojas ____________ Brian Rosas ____________ Lucy Rubio ____________ Mark Scott ____________ Carolyn Vaughn ____________ City Central Corridor COMMUNITY REVITALIZATION PLAN Proposed for Adoption February 25, 2014 Page 1 City Central Corridor COMMUNITY REVITALIZATION PLAN INTRODUCTION The City of Corpus Christi is a beautiful bayfront community of over 312,000 population with the one of the largest ports in the nation. As the City grows, it becomes increasingly important to ensure that certain older areas are not left behind to become blighted and detrimental to our residents. Over the past ten years, the City has been investing in an area in and around the 78415 zip code generally known as the "Central City Corridor" and identified by the map on Exhibit A to this Plan. These investments have been intended to revitalize a deteriorating community. Despite a concentrated revitalization effort and a general understanding of the desired goals, a written plan for the Central City Corridor has never been formally adopted. Thus, the purpose of this Plan is to provide the opportunity for public input as to the City's efforts to date and additional efforts needed, and to provide a process for continued revitalization of the Central City Corridor. Sources for investment in the Central City Corridor started with Community Development Block Grant funds available to the City from HUD. Subsequently, as areas of need were identified, the City used bond financing approved by voters in 2008 and 2012 for various improvements. Other recent investments have been made from federal and state sources and the local school district for improvements and programming. Additionally, as improvements have taken hold, the private sector has made increasing investments in the Plan area. DESCRIPTION OF AREA The Central City Corridor, called the "Revitalization Area" for purposes of this Plan, is described by map on Exhibit A to this Plan. It is bounded by Staples street on the east, Everhart Road to the south, Saratoga Blvd to the West, and Ayers Road to the north and encompasses 13.64 square miles or 9,369.6 acres. A majority of the population in the Revitalization Area is Hispanic (75%), with the remaining ethnic groups being 6% Caucasian, 4% African American and 14% other. Over 21% of the population in the Revitalization Area has income below the poverty level and 78% o f the population is under the age of 20. CONSIDERATIONS IN IDENTIFYING THE AREA The Revitalization Area for this Plan has been identified based upon a desire to improve and/or revitalize the following factors: Infrastructure – Transportation and Drainage. Roads in the plan area are main arteries to the center of Corpus Christi. Streets such as Staples, Kostoryz, Ayers, Weber, Holly, Saratoga Gollihar and Everhart connect the Revitalization Area to interstates and to the central city. Many of these roads have been in disrepair for years and in need of rehabilitation and expansion. In addition, the Revitalization Area has experienced flooding Page 2 due to lack of satisfactory storm water systems associated with the main thoroughfares of Kostoryz and Staples. Blight. Many residential houses and businesses were not occupied and the area was deteriorating when this revitalization work was first started. Much of the housing is 30-50 years old and deferred maintenance has been noticeable. Public Protection. Crime rates in the 78415 zip code, which is part of the Revitalization Area, have traditionally been one of the highest in the City. Additional Fire Department resources are needed in the area. Schools. School attendance was declining and the schools were old and in need of renovation when this revitalization work first started. Access to quality schools was critical to revitalizing the area, particularly for those residing in the Central City Corridor. Business Development. Access to retail and employment centers is vital to improving the opportunities for those residing in the community. Focusing on business retention and expansion is critical. IMPROVEMENTS AND PROGRAMS ALREADY COMPLETED IN THE AREA The following improvements and programs have already been implemented to assist the Revitalization Area. While the City has been working to improve the Revitalization Area over the past ten years, the projects below have been implemented since March 1, 2010 and reflect more than $50 million of improvements. 1. Infrastructure – Transportation and Storm Water. Project: Kostoryz Road from South Padre Island Drive (SPID) to Saratoga Boulevard, shown as a light green line on the map on Exhibit A involves widening and rehabilitating roadways and utilities including storm water work. The improvements were completed 2010. Source of Funding: Corpus Christi CDBG 2. Blight. Since the revitalization work began, the City has noticed improvements to the neighborhood homes, and property values are increasing. The Bridges Mill Village subdivision, which was started during the City's revitalization effort, continues to construct new homes. 3. Public Protection. Project: The Early Intervention Division of the Texas Department of Family and Protective Services has identified the 78415 zip code as one of fifteen (15) zip codes in the State of Texas that has the highest incidence of juvenile violent crimes. The Community Youth Development Program is a state funded grant that was created to assist with crime Page 3 prevention, focusing on youth ages 6-17 with an emphasis on those ages 10-17. Service providers work with youth to empower them as productive citizens and reduce crime rates, with a focus on the Revitalization Area. Source of Funding: State funding. Funding Amount: $503,000 in Fiscal Year 2011. $320,000 in Fiscal Year 2012. $320,000 in Fiscal Year 2013. 4. Schools. Project: Gloria Hicks Elementary is a newly constructed 77,192 square foot facility, completed in September 2010 and serving the Revitalization Area. See the location of this facility on the map attached as Exhibit A. Source of Funding: Corpus Christi Independent School District Funding Amount: $11,900,000 Project: Mary Helen Berlanga Elementary is a newly constructed 78,000 square foot facility, completed in December 2011 and serving the Revitalization Area. See the location of this facility on the map attached as Exhibit A. Source of Funding: Corpus Christi Independent School District Funding Amount: $10,713,328 5. Business Development. Project: Sam's Club and Walmart. Within the last two years, these two retailers have constructed new facilities in the Revitalization Area, including additional small shop retail and paid space. See the location of this facility on the map attached as Exhibit A. Source of Funding: Private Funding Amount: In excess of $20,000,000 Project: Other business developments in the last two years have included a new HEB supermarket opening at Kostoryz and Gollihar, Crest Mart opening at Kostoryz and Holly, Corpus Christi City Employees Credit Union opening on Kostoryz near its intersection with Holly, and an Army Reserve Center opening just off Everhart Road in the Revitalization Area. See the location of these facilities on the map attached as Exhibit A. Source of Funding: Private Page 4 Funding Amount: In excess of $8,000,000 IMPROVEMENTS AND PROGRAMS PLANNED FOR THE AREA The following improvements and programs are underway or planned for the Revitalization Area. Over $15 million of improvements and programs are expected to be implemented in the next two years. 1. Transportation. Project: Ayers Street from Saratoga Boulevard to Holly Road, shown as a light orange line on the map on Exhibit A involves widening and rehabilitating roadways and improving storm water runoff. The improvements began November 14, 2011 and are nearly complete. Completion is expected in 2014. Source of Funding: State of Texas Funding Amount: $6,195,136 Subject: Kostoryz Road – 2008 bond funds will construct this street from Horne to Sunnybrook and Sunnybrook to SPID, designated as the dark orange line on the map on Exhibit A. 2012 bond funds Brawner Parkway to Staples Street designated as dark green line on the map on Exhibit A. This involves reconstruction and widening of Kostoryz Road to include a new center turning lane in areas ROW allows and four lanes of traffic. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings and street lights. The improvements have been underway since 2008. Source of Funding: Corpus Christi bond funds (2008 / 2012 issuance) Funded Amount: $14,800,000 Remaining Funding: $ 5,900,000 Project: Staples Road – 2012 bond funds will construct this street from Kostoryz to Weber, designated as a green line on the map on Exhibit A, and Weber to Everhart Road, designated as dark orange on Exhibit A. This involves reconstruction of five-lane roadway including two travel lanes on both sides and a continuous left turn lane. Additional improvements will include curb and gutter improvements, sidewalks, ADA curb ramps, lane stripingand pavement markings, and street lighting. The improvements have been underway since 2008. Source of Funding: Corpus Christi bond funds (2008 and 2012 issuance) Page 5 2. Public Protection. Project: A new 5,200 square foot fire station is being constructed at the intersection of Saratoga and Ayers with expected completion by 2016. See the location of this facility on the map attached as Exhibit A. Source of Funding: City's 2012 bond issuance. Funding Amount: $2,100,000. Project: The 78415 Community Youth Development Program is a state funded grant that was created to assist with crime prevention, focusing on youth ages 6-17 with an emphasis on those 10-17. Service providers work with youth to empower them as productive citizens and reduce crime rates, with a focus on the Revitalization Area. Source of Funding: State funding. Funding Amount: $387,000 in Fiscal Year 2014. Future Fiscal Year amounts to be determined, as the programming is anticipated to be ongoing. CONTINUED PLANNING FOR THE REVITALIZATION AREA The improvements and programs described in this Plan are examples of prior, current and planned activities designed to revitalize the Central City Corridor. However, the City's commitment to this Revitalization Plan does not end here. The City will continue to look for opportunities to establish programs or provide improvements that will continue to revitalize the area, uplifting residents of the neighborhoods and supporting area businesses to continue the cycle of improvement and avoid future deterioration. ANTICIPATED RESULTS The City believes the initiatives described in this Plan will stop and reverse existing deterioration in the neighborhoods of the Revitalization Area, improve the aesthetics of the area, provide additional infrastructure for accessibility and development, increase the tax base, support existing businesses, and recruit additional businesses, which will lead to more opportunity for those living and working in the Revitalization Area. Each initiative in the Revitalization Area, whether already implemented or planned for completion, supports a framework that will improve this neighborhood. By combining resources from the City, the State, and the private sector, the Revitalization Area will receive major economic infusion. Because many of these resources have already been spent or allocated, the City has no reason to believe that the Plan will not be fully implemented as intended. Page 6 APPROVAL For all these reasons, the City Council of the City of Corpus Christi hereby adopts the Central City Corridor Community Revitalization Plan, after receipt and consideration of public comment and deliberation at an open public meeting. Date of Adoption: February 25, 2014 Page 7 EXHIBIT A Revitalization Area (attached hereto) City of Corpus Christi City Central Corridor Revitalization Plan MAP NOTES 1. Ayers Street has / is being redone with state funding 2. Kostoryz between Holly Road and SPID was completed with CDBG funding in the last four years 3. Corpus Christi school system has added two schools in the area (Mary Helen Berlanga Elementary and Gloria Hicks Elementary) 4. John Paul High School reopened (Catholic High School) 5. Proposed new Fire Station at Ayers and Saratoga Blvd. financed with 2012 bonds. 6. New HEB at Golliharrd and Kostoryz 7. New Crest Mart at Holly Road and Kostoryz 8. 2008 Bond Improvement projects 9. 2012 Bond Improvement projects 10. Army military reserve center has opened up in this area at Everhart 11. Not used 12. Delmar opened a new college extension near Kostoryz and Staples Street intersection 13. City Employees Credit Union opened on Kostoryz near the intersection of Holly Road Page 8 DATE:January 21, 2016 TO:Ronald L. Olson, City Manager FROM:E. Jay Ellington, Director Jayell@cctexas.com 361-826-3460 CAPTION: Ordinance Amending the Code of Ordinances Section 10-67 regarding campfires on Gulf of Mexico Beaches; providing for penalties; providing for severance; and providing for publication. PURPOSE: Update Code of Ordinance Section 10-67 regarding campfires on the Gulf Beach to increase the distance campfires must be from structures and require campfire to be completed doused before covering with sand. BACKGROUND AND FINDINGS: The Watershore and Beach Advisory Committee was asked by concerned visitors, residents and business owners to review the current ordinance regarding campfires on the Gulf of Mexico beaches. In recent years there have been an increasing number of brush fires on the island. In addition, there have been reported incidents of people being hurt and vehicles being damaged by covered fire pits along the beach that are still hot or have debris with sharp edges or nails because inappropriate materials were used for firewood. The update to the ordinance extends the distance from permanent structures that campfires can be built; states what material may not be used in a campfire on the beach; requires a campfire to be completely doused before covering with sand. These changes were approved by the Watershore and Beach Advisory Committee on Thursday, February 4, 2016. In addition, the Fire Marshal has reviewed and approved the update. ALTERNATIVES: Do not approve the changes to the ordinances OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: City Council must approve all proposed changes to the City Code of Ordinances EMERGENCY / NON-EMERGENCY: Non-emergency Update to Code of Ordinances regarding campfires on the Gulf of Mexico Beaches AGENDA MEMORANDUM First Reading Item for the City Council Meeting of February 23, 2016 Second Reading Item for the City Council Meeting of March 8, 2016 DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: □ Operating □Revenue □ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): General Fund Comments:none RECOMMENDATION: Staff recommends approval of this request LIST OF SUPPORTING DOCUMENTS: Ordinance K:\ParkRec\SHARED\AGENDA ITEMS\Council Meetings\2016\2 February 23\16-0204 Campfire ordinance\Ordinance-Campfire Ordinance Update.docx 1 ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 10-67 REGARDING CAMPFIRES ON GULF OF MEXICO BEACHES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Section 10-67 is revised. The deleted text is shown below in strike-through text, and the new text is shown below in underlined text. “Sec. 10-67. - Fires regulated. (a) As used in this section: (1) Campfire means a fire contained in a barbecue pit constructed and maintained by the city, or in a portable barbecue pit, or an open fire in a fire pit or on the ground, and is not larger than three (3) feet in any dimension. (b) No person may build, operate, or use a fire on any beach along the Gulf of Mexico unless in accordance with the provisions of this section. (c) A person may build, operate, or use a campfire on a beach along the Gulf of Mexico, only if the person complies with all of the following conditions:: (1) The campfire is at least fifty (50) two hundred and fifty (250) feet from any permanent structure, at least seventy-five (75) feet from any vegetation line or dune, and at least twenty-five (25) feet from any vehicle with combustible fuel; and.; and However, a campfire constructed adjacent to the Packery Channel rock jetties is not prohibited by this subsection, subject to compliance with all other conditions of this subsection and section. (2) The prevailing wind will not blow embers into or beyond the dunes. Any wind coming from between the easterly and southerly direction that exceeds twenty (20) miles per hour as reported by the National Weather Service at the Corpus Christi Airport is considered capable of blowing embers into and beyond the dunes. Embers from the campfire do not reach dune vegetation. The prevailing wind will not blow embers into or beyond the dunes. Any wind coming from between the easterly and southerly direction that exceeds twenty (20) miles per hour as reported by the National Weather Service at the Corpus Christi Airport is considered capable of blowing embers into and beyond the dunes. (3) The campfire is constructed with materials that only leave ashes or coal residue. The campfire may not be constructed with pallets, plastics, furniture, or any objects that leave metal or other hazardous residue. (d) All campfires must be extinguished when no longer in use. No hot embers may be left on or buried in the sand. Embers must be thoroughly doused with water and cool to the touch before the person who built the campfire leaves the site. “ K:\ParkRec\SHARED\AGENDA ITEMS\Council Meetings\2016\2 February 23\16-0204 Campfire ordinance\Ordinance-Campfire Ordinance Update.docx 2 (Ord. No. 24737, § 3, 1-22-2002) SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 10-97 of the City Code of Ordinances as amended, which currently reads as follows: “Sec. 10-97. - Penalties. (a) A person convicted of an offense for a violation of any provision of this chapter shall be fined not more than five hundred dollars ($500.00). Each day any violation of this chapter shall continue shall constitute a separate offense. (b) Any person who violates either the Dune Protection Act, the Open Beaches Act, the regulations issued by the general land office under either act, or a permit or certificate condition is liable for a civil penalty of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) per violation per day. Each day the violation occurs or continues constitutes a separate violation. Violations of the Dune Protection Act, the Open Beaches Act, and the rules adopted pursuant to those statutes are separate violations. The assessment of penalties under one (1) act does not preclude another assessment of penalties under the other act. Conversely, compliance with one (1) statute and the rules adopted thereunder does not preclude penalties under the other statute and the rules adopted pursuant to that statute.” SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance takes effect upon publication. K:\ParkRec\SHARED\AGENDA ITEMS\Council Meetings\2016\2 February 23\16-0204 Campfire ordinance\Ordinance-Campfire Ordinance Update.docx 3 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 Nelda Martinez City Secretary Mayor DATE:February 17, 2016 TO:Ronald L. Olson, City Manager FROM:Miles Risley, City Attorney MilesR@cctexas.com 826-3361 CAPTION: Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date. PURPOSE: This proposed ordinance removes transportation network companies (TNC’s) from the regulatory scheme for taxicabs and provides regulations described in the attached Chart*. BACKGROUND AND FINDINGS: Some members of City Council have requested an ordinance to regulate Transportation Network Companies (TNC) that is similar to the Houston regulations. The proposed ordinance is intended to mirror, as much as possible, the regulations established by the City of Houston for TNC’s. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Ordinance to establish regulations for Transportation Network Companies, drivers, and vehicles AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 23, 2016 Second Reading Ordinance for the City Council Meeting of March 8, 2016 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): Not Applicable Comments:See attached chart RECOMMENDATION: Policy decision by City Council LIST OF SUPPORTING DOCUMENTS: Ordinance *Please see chart attached below Chart Taxis under current regulations TNCs under proposed ordinance Company requires permit to operate Certificate, a term not to exceed 5 years 57-30 Annual 57-283 & 57-285 Company permit fee $250 application fee, $100 per vehicle, minimum $500 paid quarterly 57-31 & 57-36 2% gross receipts, paid quarterly 57-284 Driver permit required valid 2 years 57-96,103 valid 2 years 57-290, 57-96, & 57-103 Driver permit fee $50 57-96 $50 $57-96 Background check for drivers required Fingerprint background check 57-97 Fingerprint background check 57-290 & 57-97 Trade Signage or emblem Yes, company and phone number on side and rear of vehicle, at least 2&1/2 inch lettering 57-83 yes, readable at a distance of at least 50 fee 57-295 Requires place of business within the City Yes, 57-32 no Right to inspect business or operations records Yes, 57-39 Yes 57-284 Vehicle Inspection Annual, Taxi inspector 57-80 Annual, City designated inspector 57-294 Limit on age of vehicle 10 years (6 years with 4 year extension) 57-88 10 years (7 years with 3 year extension) 57-293 Limit on operating hours of driver Driver limited to 12 hours in 24 hour time span 57-106 Driver limited to 12 hours in 24 hour time span 57-291 Vehicle requires Fire extinguisher Yes 57-87 Yes 57-87 Insurance required Yes 57-56 Yes 57-288 & Texas Insurance Code, Chapter 1954 Compliance with Airport Regulations Required 9-61 Required 57-296 & 9-61 Airport Permit Yes 9-61 Yes 9-61 Airport Fees $50 monthly or $2.00 per arrival 9-61 None currently established in Chapter 9 Page 1 Ordinance Amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 57 of the Corpus Christi Code of Ordinances is amended by adding Article VI – TRANSPORTATION NETWORK COMPANIES, as follows: ARTICLE VI. - TRANSPORTATION NETWORK COMPANIES Sec. 57--281. - Scope. The provisions of this chapter shall not apply to transportation which qualifies as ridesharing. Sec. 57-282. - Definitions. Compensation means any money, thing of value, payment, consideration, reward, tip, donation, gratuity, or profit paid to, accepted, or received by the driver or owner of any vehicle providing transportation for a person; whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation. Reimbursement for the following is not compensation: (1) Tolls; (2) Vehicle operating costs in an amount that is equal to or less than the most current privately-owned vehicle mileage reimbursement rates established by the U.S. General Services Administration; and (3) Parking costs at the shared destination. Operation of a transportation network vehicle or operating a transportation network vehicle means offering, making available, or using a transportation network vehicle to provide a transportation network service, including any time when a driver is logged onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers; when a passenger is in the vehicle; when the company's dispatch records show that the vehicle is dispatched; or when the driver has accepted a dispatch and is enroute to provide transportation network service to a passenger. Permit means a transportation network company permit. Ridesharing, when describing conduct, means the travelling of two or more persons by any mode of private passenger vehicle, including, but not limited to, carpooling, vanpooling, buspooling, to any location incidental to another purpose of the driver, for which compensation is not accepted, collected, encouraged, promoted, or requested. Page 2 Transportation network permittee or permittee means the holder of, or a person that is required to hold, a current valid transportation network company permit issued pursuant to this chapter. Transportation network driver means an individual affiliated with a transportation network company transporting passengers for compensation using a transportation network vehicle. Transportation network company or TNC means a person that offers or provides a transportation network service. Transportation network service or service means a prearranged transportation service offered or provided for compensation using an internet-enabled application or digital platform to send or transmit an electronic, radio or telephonic communication through the use of a portable or handheld device, monitor, smartphone, or other electronic device or unit that indicates the location of the passenger which information is then relayed by electronic, radio, or data communication of any type to a transportation network driver operating a transportation network vehicle. Transportation network vehicle means any private passenger motor vehicle used to provide transportation network services. Specifically excluded from this definition are: (1) Vehicles used in connection with any phase of a funeral or funeral service; (2) Taxicabs, pedicabs, sightseeing and charter vehicles, limousines, and shuttles, permitted and licensed by the city; and (3) Vehicles operating under a contract with the city. Vehicle for hire driver's permit means a current and valid vehicle for hire driver's permit issued pursuant to division 5 of article II of this chapter. Sec. 57-283. - Transportation network company permit required. (a) No person shall operate a transportation network company in the city without a permit issued pursuant to this article. (b) It shall be unlawful for any TNC permitted, licensed, or authorized by another jurisdiction to initiate transportation network service within the corporate boundaries of the city without a permit issued pursuant to this article; provided however, a transportation network vehicle operated by a driver affiliated with a TNC permitted, licensed, or authorized by or in another jurisdiction may come into the city to discharge a passenger whose trip originated outside of the city. Sec. 57-284. - Transportation network company permit fee. (a) The fee imposed for a permit issued pursuant to this article shall be in an amount equal to 2% of the annual gross receipts for the operation of each transportation network vehicle operated by each permittee. Page 3 (b) The fee provided in subsection (a) of this section shall be paid to the city on a quarterly basis on or before the 10th day following the close of the calendar month for which the quarterly payment is calculated. (c) The initial payment shall cover the period beginning from the date the permit was issued to the permittee. Upon the submission of each quarterly payment, the permittee shall file with the taxicab inspector a financial report itemizing the components of the permittee's gross receipts for the payment period. All permittees shall utilize any forms promulgated by the taxicab inspector for the submission of the required financial reports and shall submit the financial reports in accordance with any instructions, rules, or regulations promulgated by the taxicab inspector. (d) Upon 10 days' notice to the permittee, the taxicab inspector shall have the right to inspect the permittee's records the taxicab inspector deems necessary and appropriate to determine that the permittee is in compliance with the requirements of this section. (e) The fees established in this section shall be payable in addition to any other applicable fees imposed by this Code or other ordinances of the city. Sec. 57-285. - Transportation network permit term. (a) Permits shall be issued for a term of 1 year. Permittees desiring to have reissuance of their permit shall, at least 30 days prior to the expiration of the permit, file with the taxicab inspector a written application for a renewal of their permit. Except as otherwise expressly stated, renewals shall be subject to the same requirements set forth in this article for issuance of new permits. (b) A permit is specific to the permittee to whom it is issued and may not be transferred or otherwise assigned. Any change of ownership, partnership interests, corporate officer or director as shown on the permit application shall render a permit void, unless an application for an amendment is filed within ten days following the effective date of the change. The taxicab inspector shall promulgate procedures for the processing of amendments and may suspend the permit pending the completion of the processing if any additional person who has acquired an interest in the business is determined to have been convicted of an offense listed in section 57-29 (1)(d) of this Code. (c) Each permit is nonexclusive, and no limits or restrictions shall exist upon the number of transportation network vehicles that may be operated provided that each must be operated pursuant to a permit and in accordance with all applicable requirements of this article. Sec. 57-286. - Transportation network company permit—Application. (a) An application for a permit shall be submitted on forms to be furnished by the taxicab inspector, and the applicant shall furnish the following information with each Page 4 application, which shall be sworn to before a notary public or conform to minimum state law requirements for unsworn declarations: (1) The name and form of business under which the service will be operated (If a partnership or corporation, a copy of the partnership agreement or articles of incorporation must be attached.); (2) The name, phone number, mailing address, and street address (if different from the mailing address) of the applicant's agent for service of legal process (which information the applicant shall keep current); (3) A schedule showing the model, manufacturer model year date, type, make, vehicle identification number, license plate number, and mileage of each motor vehicle, and a statement as to the legal ownership of each vehicle proposed to be placed into operation as a transportation network vehicle; (4) Proof of current coverage of insurance as required in section 57-288 of this Code; (5) A general description of the means and methodology used to charge passengers for vehicle for hire transportation services rendered; (6) The proposed schedule of fares, rates, or other compensation to be charged by the applicant; and (7) Any additional information as requested by the taxicab inspector. (b) If the applicant is a partnership or association, the partners or associates, or if the applicant is a corporation, each person who is either an officer or director shall be required to join in filing the application and all of the herein set forth provisions and requirements applicable to individual applicants shall apply to and be required of each such partner, associate, officer or director. Failure of any of the persons heretofore mentioned to meet such requirements shall be grounds to deny the application of the partnership, association or corporation. Sec. 57-287. - Transportation network company permit—Qualifications for permit. (a) The taxicab inspector shall initially review each application for the issuance or amendment of a permit to determine whether the application is complete. If not, he shall return the application to the applicant with a statement of deficiencies. (b) The taxicab inspector shall review complete applications to determine whether the applicant has met all applicable requirements of this chapter and Code. In determining whether an applicant is qualified for a permit, or the renewal thereof, the taxicab inspector shall take into consideration whether: (1) The application was filed with no material inaccuracies or omissions, provided that if the application as originally filed was substantially complete and in proper form, the taxicab inspector shall allow an applicant a reasonable opportunity to correct any minor inaccuracies or omissions if that can be accomplished without delaying the processing of applications; Page 5 (2) The applicant and its principals are in compliance with the criminal history provisions of section 57-29 (1) (d) of this Code; (3) The applicant is in compliance with all applicable city, State of Texas, and federal laws; and (4) The applicant is in compliance with any other applicable requirement of this Code and other laws. (c) The taxicab inspector shall issue the permit if all applicable requirements of this chapter and Code have been met. If the taxicab inspector approves the permit, issuance shall be subject to compliance with this article, including, but not limited to, payment of any required fees, inspection of vehicles to be utilized, and submission of proof of insurance. A permit does not entitle the permittee to act as the driver of covered vehicles. A separate vehicle for hire driver's permit is required for that purpose as provided in section 57-290 of this Code. (d) Applicants who are determined to be unqualified shall be notified of the grounds asserted for that determination and may make a written demand upon the taxicab inspector for a hearing within ten days of receipt of notice that it is unqualified to receive a permit. The taxicab inspector shall conduct a hearing within 15 business days of receipt of a timely written demand for a hearing. If at such a hearing the applicant establishes through competent evidence that the determination that the applicant was unqualified to receive a permit was based upon incorrect findings, the taxicab inspector shall issue the permit. If at such a hearing the determination was found to have been based upon correct findings, the determination shall become final. Sec. 57-288. - Transportation network company permit—Insurance required. (a) Every permittee and transportation network driver shall comply with all applicable insurance requirements mandated by federal, State of Texas, and city laws, including those articulated in Chapter 1954 of the Texas Insurance Code. Sec. 57-289. - Service charges and fare rates. All permittees shall display their fare rate and provide a fare rate estimator on the website, internet-enabled application, or digital platform used by the permittee to connect drivers and passengers. Sec. 57-290. - Transportation network drivers—vehicle for hire driver's permit required. It shall be unlawful for any person to operate a transportation network vehicle without a vehicle for hire driver's permit issued pursuant to division 5 of article II of this chapter. Page 6 Sec. 57-291. - Transportation network driver hours of operation; duty to transport within the corporate limits. (a) A transportation network driver shall not drive for more than 12 hours in any consecutive 24-hour period and a permittee shall not permit or cause a transportation network driver to drive a transportation network vehicle more than 12 hours in any consecutive 24-hour period. (b) A transportation network driver shall not refuse to transport a person to a requested destination located within the corporate limits of the city. Sec. 57-292. - Transportation network vehicles—Vehicle ownership and standards. (a) No person shall operate or cause to be operated any transportation network vehicle in the city unless and until the vehicle meets all the terms and conditions of this article. (b) No permittee shall own or lease or provide financing for the ownership or leasing of any transportation network vehicle. (c) In addition to all other applicable legal requirements, it shall be unlawful for any person to operate or cause to be operated any transportation network vehicle unless the vehicle: (1) Has at least 2 doors and meets applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type, and proposed use; and (2) Is a coupe, sedan, or light-duty vehicle, including a van, minivan, sport utility vehicle, pickup truck, hatchback or convertible. (d) No vehicle permitted or subject to a certificate of registration and operated as vehicle for hire pursuant to articles II through V of this chapter shall be operated as a transportation network vehicle. (e) The permittee and the permittee's driver shall be jointly and severally liable if the permittee causes or permits the transportation network driver to use a vehicle that does not meet the requirements for a transportation network vehicle. Sec. 57-293. - Transportation network vehicles—Age and mechanical condition. (a) In addition to the provisions of section 57-294 of this Code, no transportation network driver or permittee shall drive or cause to be driven upon the streets of the city any transportation network vehicle that is more than 7 years old. For purposes of this requirement, a transportation network vehicle will be considered to be 7 years old on July 31st of the 7th year following the manufacturer's model year of the Page 7 vehicle, regardless of the purchase date or the date it was originally placed into service. (b) A transportation network driver or permittee may drive or cause to be driven, a transportation network vehicle for an additional 3 year period beyond the age limitations described in subsection (a), if the transportation network driver or permittee submits the vehicle for inspection each year at a location authorized and identified by the director prior to the expiration of the permit issued authorizing the operation of the transportation network vehicle. Sec. 57-294. - Transportation network vehicles—Inspections. (a) Prior to using any transportation network vehicle, and annually thereafter, a permittee or transportation network driver shall have the vehicle inspected at a facility designated by the taxicab inspector, and maintain complete documentation of such inspections in the vehicle at all times, and a written copy of such documentation shall be provided to the taxicab inspector upon request. The inspection shall be made to determine that the transportation network vehicle is in a reasonably good state of repair, clean, and equipped and being operated in compliance with all requirements of this article. Inspections shall include, but not be limited to, the following items: (1) Foot brakes; (2) Parking brakes; (3) Steering mechanism; (4) Windshield; (5) Rear window and other glass; (6) Windshield wipers; (7) Headlights; (8) Tail lights; (9) Turn indicator lights; (10)Stop lights; (11)Front seat adjustment mechanism; (12)Doors (open, close, lock); (13)Horn; (14)Speedometer; (15)Bumpers; (16)Muffler and exhaust system; (17)Condition of tires, including tread depth; Page 8 (18)Interior and exterior rear view mirrors; (19)Safety belts for driver and passenger(s); and (20)Heating, ventilation and air-conditioning systems. (b) Upon passing the inspection prescribed in subsection (a) of this section, the taxicab inspector shall issue one certification decal for the transportation network vehicle. The certification decal shall be attached and displayed at the place on the transportation network vehicle designated by the taxicab inspector. The permittee and the transportation network driver shall be jointly and severally liable for any violation of this section. Sec. 57-295. - Transportation network vehicles—Distinctive signage or emblem. (a) In addition to the certification decal issued pursuant to section 57-294(b) of this Code, a transportation network vehicle shall display, as provided by rule, consistent and distinctive signage at all times while being operated as a transportation network vehicle. The distinctive signage shall be sufficiently large and color contrasted (i) as to be readable at a distance of at least 50 feet, and (ii) to identify a particular vehicle associated with a particular permittee. Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, or grilles. Magnetic or other removable distinctive signage is acceptable. Permittees shall file an illustration of their distinctive signage with the taxicab inspector for approval. (b) A transportation network vehicle shall display a consistent and distinctive emblem at all times while being used to provide vehicle for hire transportation services. The taxicab inspector is authorized to specify, by rule, the manner of display, method of issuance, design and contents of such emblem. Sec. 57-296. - Transportation network drivers—Additional operating requirements. (a) In addition to all other applicable requirements provided by law, it shall be unlawful for any person: (1) To operate a transportation network vehicle within the city while not in possession of a valid Driver License; or (2) To operate, or cause to be operated, a transportation network vehicle that does not meet all the applicable requirements of this chapter. (b) No transportation network driver shall pick up or discharge a passenger on any portion of Corpus Christi International Airport (CCIA) without proper authorization pursuant to chapter 9 of this Code. A transportation network driver carrying a passenger or passengers from CCIA shall pay to the city the airport use fee established from time to time by chapter 9 of this Code. Additionally, no transportation network driver shall pick up or discharge any passenger in any designated taxicab stands or loading zones. Page 9 (c) It shall be unlawful for any permittee or transportation network driver to solicit potential passengers for vehicle for hire services at, in or near any passenger depot, hotel, airport, ship or ferry landing, bus stop or station, or upon any sidewalk or street or any other place in the city, or use any words or gestures that could be construed as soliciting a passenger for vehicle for hire transportation services. (d) It shall be unlawful for a transportation network driver to accept or respond to passengers' or potential passengers' requests for service via traditional street hail, including hand gestures and verbal statements. It shall be unlawful for a transportation network driver to provide his or her direct phone number or email address to passengers or potential passengers to enable requests for service. A TNC shall immediately notify the taxi inspector and provide any evidence in its possession if it obtains actual knowledge of any violation of this subsection. (e) It shall be the duty of each transportation network driver to pull his transportation network vehicle to the curb when loading or unloading passengers. (f) The permittee's internet enabled application or digital platform accessed by potential passengers shall display for the potential passenger: (1) a picture of the transportation network driver and (2) a picture of the transportation network vehicle the driver is approved to use, including the license plate number of the driver's transportation network vehicle. In addition, any permittee shall make any information displayed in the permittee's Internet-enabled application or digital platform also available on such permittee's website. (g) The permittee shall make available on the mobile application and the receipt provided to the passenger, the contact information for the permittee's customer service liaison, including, but not limited to, the liaison's name, phone number, and e-mail address. (h) Any permittee shall clearly disclose, on the permittee's on-line enabled application or digital platform and website, that the permittee is a TNC. Additionally, the disclosure shall state that each permittee is required to maintain insurance policies as specified in section 57-288 of this Code. (i) Any transportation network driver shall provide to any authorized law enforcement officer proof of the insurance policies required by this article in case of an accident involving a transportation network vehicle while operating a transportation network vehicle. (j) Any permittee shall provide passengers an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a permittee cannot provide a wheelchair- accessible transportation network vehicle, it shall provide the prospective passenger with for hire transportation services in a manner consistent with section 57-137 of this Code. (k) Any permittee shall have an affirmative duty to respond to requests for service and shall be responsible for the actions of any of its employees, transportation network drivers, or other person that reports to, or acts as an agent of, the permittee, for any failure to respond to a request for service. Page 10 (l) All transportation network drivers operating a transportation network vehicle shall at all times: (1) carry proof of the insurance policies required in section 57-288 of this Code covering the vehicle; (2) carry an electronic or paper copy of the agreement or terms of service between the driver and the TNC; and (3) display the certification decal and distinctive signage or emblem required by this article. A transportation network driver shall log onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers immediately upon entering his or her transportation network vehicle with the intent to provide service. (m) Upon request a transportation network driver shall display to the taxicab inspector, or other person authorized to enforce this chapter, a physical or electronic record of a ride in progress sufficient to establish that it was a prearranged transportation service. To the extent that trip records are contained on an electronic device, a transportation network driver is not required to relinquish custody of the device in order to make the required display but must demonstrate to the taxicab inspector or other person authorized to enforce this chapter that the transportation network driver has in his possession proof of that the ride in progress is the result of a prearranged transportation service. (n) Any terms or conditions in the agreement between the permittee and transportation network driver, or between the permittee and any passenger, that would act as a waiver of the permittee's liability to the passenger or to the public, are declared to be contrary to public policy, null, void and unenforceable. SECTION 2.If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3.Publication shall be made 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 4.Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5.This ordinance takes effect after official publication Page 11 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 Nelda Martinez City Secretary Mayor DATE:02/16/2016 TO:Ronald L. Olson, City Manager THROUGH:Alyssa M. Barrera, Business Liaison FROM:Jim Salamenta, General Manager, American Bank Center jims@cctexas.com (361) 826-4700 CAPTION: Ordinance appropriating $176,500 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facility Fund for the purchase of security equipment at the American Bank Center; and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 to increase expenditures in the Arena Facility Fund by $176,500 and increase expenditures in the Visitors Facility Fund by $176,500 each. PURPOSE: The purpose of this item is to approve appropriations to fund American Bank Center Security Upgrades in order to maintain a safe and secure environment for guests, clients, tenants and employees. BACKGROUND AND FINDINGS: Prompted by violent, international tragedies, the stadium and arena industry is increasing security measures. Recently several major concert promoters have increased security requirements, including patron screening through the use of walk-through metal detectors and hand-held metal detecting wands. SMG/American Bank Center also completed a Security/Threat Assessment of the facility and found several areas where improvements are needed to help reduce our exposure to security threats. SMG needs the following items to address these risks and comply with increased security requirements: Item Description Total 10 Metal Detectors 9 regular & 1 ADA Compliant Walk-Through Metal Detectors. These detectors will improve building security.$50,000.00 Clear Bags Bulk Purchase of clear bags to eliminate the need for clients to carry in backpacks, purses and diaper bags.$1,500.00 Fence & Actuated Fence and actuated gate at the Guard Shack will $70,000.00 Appropriating funds for American Bank Center Security Upgrades AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 02/23/2016 Second Reading Ordinance for the City Council Meeting of 03/08/2016 Gate allow us to secure the back of the Arena. Exterior Security Cameras Cameras to cover “blind spots” and to monitor the exterior of the Arena more effectively. $45,000.00 Exterior LED Lights Lighting is needed to help improve the visibility to the back of the Arena. $10,000.00 TOTAL $176,500.00 On February 15, 2016, the Type A Board motioned to recommend approval of this request. Funds will come from the Reserves of the voter authorized 1/8th cent sales tax, dedicated to the Arena until 2028. ALTERNATIVES: N/A OTHER CONSIDERATIONS: If SMG/American Bank Center cannot provide increased security measures, many shows may not visit the American Bank Center Arena, which will negatively impact future revenue potential. CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Corpus Christi Business & Job Development Corporation (Type A) Finance Legal FINANCIAL IMPACT: x Operating □Revenue □ Capital □ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget 0 $607,797.77 $607,797.77 Encumbered / Expended Amount 0 ($21,736.77)($21,736.77) This Item 0 ($176,500.00)($176,500.00) BALANCE 0 $409,561.00 $409,561.00 Fund(s): Visitors Facility Fund Comments:None. RECOMMENDATION: Staff recommends that funding be awarded for increased security measures in the amount of $176,500.00 in FY16. LIST OF SUPPORTING DOCUMENTS: Ordinance – American Bank Center Security Upgrades PowerPoint Presentation – American Bank Center Security Upgrades Ordinance Appropriating $176,500 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facility Fund for the purchase of security equipment at the American Bank Center; and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 to increase expenditures in the Arena Facility Fund by $176,500 and increase expenditures in the Visitors Facility Fund by $176,500 each. Whereas the following actions having been passed by the Corpus Christi Business and Job Development Corporation on February 15, 2016; Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $176,500 is appropriated from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferred to and appropriated in the No. 4710 Visitors Facility Fund for the purchase of security equipment at the American Bank Center. SECTION 2.That the FY 2015-2016 operating budget adopted by Ordinance 030620 is amended to increase expenditures in the Arena Facility Fund by $176,500 and increase expenditures in the Visitors Facility Fund by $176,500 each. 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 ___________, _____, 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 ______ day of ___________, ______. ATTEST: _______________________________________________________________ Rebecca Huerta Nelda Martinez City Secretary Mayor - Recent and increasing violent activities in and around stadiums and arenas require SMG/American Bank Center to update current security and safety measures -Major concert promoters have increased security demands -SMG/American Bank Center completed a security/threat assessment and several areas need improvement 1 New Security Needs 2 Items Requested Item Total 10 Metal Detectors 9 regular & 1 ADA Compliant Walk-Through Metal Detectors. These detectors will improve building security. $50,000.00 Clear Bags Bulk Purchase of clear bags to eliminate the need for clients to carry in backpacks, purses and diaper bags. $1,500.00 Fence & Actuated Gate Fence and actuated gate at the Guard Shack will allow us to secure the back of the Arena. $70,000.00 LED Lights Cameras to cover “blind spots” and to monitor the exterior of the Arena more effectively. $10,000.00 Exterior Security Cameras Lighting is needed to help improve the visibility to the back of the Arena. $45,000.00 TOTAL $176,500.00 *Items of Priority: Metal Detectors and Clear Bags DATE:2/1/2016 TO:Ronald L. Olson, City Manager FROM:Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement (“Agreement”) with MPM Development, L.P. (“Developer”), for the construction of a water arterial transmission and grid main line and appropriating $97,133.33 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: MPM Development, L.P., is required to install 994 linear feet of 12-inch water arterial grid main extension in order to provide adequate water to a proposed residential subdivision development. The subdivision is located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. BACKGROUND AND FINDINGS: Per Section 8.5.1.C (1) Credits and Reimbursements of the Unified Development Code (“UDC”), MPM Development, L.P., is requesting a Reimbursement Agreement for the development of Parkview Unit 4 as shown on the final plat. The subdivision is located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. The development requires the extension of 994 linear feet of 12-inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12-inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. Approval of agreement and appropriating funds for MPM Development, L.P., for the construction of water arterial transmission and grid main line AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 23, 2016 Second Reading Ordinance for the City Council Meeting of March 8, 2016 The Water Master Plan calls for the construction of a 12-inch water arterial grid main south of Holly Road on Oso Parkway. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12-inch water arterial grid main is $103,554.00 minus the lot/acreage fee of $6,420.67 which equals $97,133.33. 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 Current Year Future Years TOTALS (CIP only) Line Item Budget $2,171,933.94 Encumbered / Expended Amount $ 739,262.62 This item $97,133.33 BALANCE $1,335,537.99 Fund(s): Water Arterial Transmission Grid Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT (“AGREEMENT”) WITH MPM DEVELOPMENT, L.P., (“DEVELOPER”), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $97,133.33 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement (“Agreement”), attached hereto, with MPM Development, L.P ., (“Developer”), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Parkview Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $97 ,133.33 is appropriated from the No. 4 030 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 Nelda Martinez City Secretary Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and MPM Development, LP ("Developer "), 426 S. Staples, Corpus Christi, Texas 78401. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Parkview Unit 4 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Parkview Unit 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 12 -inch waterline located on the south side of Holly Road for a distance of 994 linear feet in order to extend water grid main along Oso Parkway and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Holly Road for a distance of 994 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 4, 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 994 linear feet of 12 -inch PVC waterline pipe. 2. Install one (1) 30" tapping sleeve with 12" tapping gate valve box. 3. Install two (2) caps tapped for 2". 4. Install five (5) 12" tees. 5. Install two (2) 12 -inch gate boxes. 6. Install two (2) fire hydrant assemblies. 7. Install two (2) 6 -inch gat valve with boxes. 8. Install six (6) 90 degree EL 9. Install six (6) diameter x 30 PVC pipe nipples. 10.Install lump sum pavement patching. 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. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 2 of 10 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 March 8, 2017. 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 March 8, 2017. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 3 of 10 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. 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; Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 4of10 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. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Mossa Moses Mostaghasi General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Retum 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 Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 5 of 10 excess of $25,000. The performance and payment bond must comply with Texas Govemment 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 exceed $97,133.33. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in 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 Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 6 of 10 PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 7 of 10 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, Parkview Unit 4, 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 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 MPM Development, LP -Parkview Unit 4 vFinat Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 8 of 10 Developer Mossa Moses Mostaghasi, General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 By: Mossa o es Mostaghasi General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Mossa Moses Mostaghasi, eral Partn MPM Development, LP, and acknowledged before me on the day of l(vM�, 2016. Notary Public, State of Texas Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Dan McGinn City Secretary Development Services Director 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 1J.1 day of ;- A. JullEan Grant, Senior Assistan Ci Attorney For the City Attorney 2016. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 10 of 10 STATE Cr Fan =WIT Or HMCO 1 RE. TK OHO1:E A coos cony 1MTm P2M11Q9O. U0-. MINI =FIT 1X7 E ME THE OMHW Or TliE LN DON= uln1N OE MOONE,7 Q THE 1011¢C012 RAY, Many TO A MN el alai Cr OMT IN MI IMO SAO WO 401[TLa A1C 70902051 AS home. hili 5111775 APO WOWS A3 ARAM WOE CON HERCIOTOn CaCAICO. R 1 ICI PIEYCUAT DWLGUED. 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F -s2. 3054 S. ALAMEw 5T. CO3P12S CJ5ISTI, TE11AS 70404 MR NAITLD 51S121 00115 4d R2.1H1i2WG .C2 117. lm 2011.0 01 • 0r 0Kw 01104 =410' ZI 701 71' .� mt..al Islam 1 IC74'10' 141.41' 1 soOsrI 4 �g�i 7r"m 1n Ip � !' , • P 1r0 §5 55 0.-404 528'34110"W 149.32' 4 Y 70 40011 000. 1.0. 7001047375 0.4, 7501501 Lala 1 4, 14. 13. 17 4 11 10017 32, 20 4 17 4 1:4 Y_'4; 0. 41 - /3. 1'4.. 4401 4C o 25' 723 100' SCALD 1'. 50' Exhibit. 1 Page 2 of 2 APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Parkview Unit 4 Subdivision, hereby request reimbursement of $97,133.33, as provided for by City Ordinance No. 17092. $97,133.33 is the construction cost, including 10% Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Mostaghasi, President of MPM Development, LP. �i 3"its*� CINDY WEND 1 ID #1179569.3 Notary Public TEXAS STATE OF My Comm. Exp. 11-04.2019 CERTIFICATION 06k I le Dat: 92\ Dolce ,.2915, by Mossa Public in a for Nueces County, unty, 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. Development Services Engineer Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Parkview Unit 4 subdivision, hereby apply for $6A20.67 credit towards the water acreage lot fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $103,554.00 is the construction cost, including 10% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. It). 1 LL Mossa Mostaghasi, President D = e MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This Instrument Was acknowledged before me on Mossa Mostaghasi, President of MPM Development, LP. chi yu 1 y . v v• v v v v v v CINDY BUENO ID #11785883 Notary Public STATE OF TEXAS My Comm. 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WSE *FPI OQ LtdrtC 31IN•i1r M r areal- r.r .. ..>�L+ ••• •".••n r••+•n 4•4111_ •12.- Exhibit s_ Exhibit 3 Page 4 of 5 rr.rr. tta t { L l >e_ arm It%ZZ" " 60W 'ler :.CO 34M {t.m 7.m 13 W../�r N /0 --•- I Id� FO r r • "tr _ . zemork y• d C relitl r• a F _ ow, •MI w.� War= Trarj • r r rrw.w.t.r....•• .nor IO• PIC nrom.' r - erParr sr.ntnr UP Ise •A• riftt - OI•ffw. avow !!6 al= in 1E111 ww lr•••••• ••••• YM.r`~.t;1 R • TCPte4I srnW srcir l L u Mel PPM �qu n txe i=4 Cji.L.••••••• ••• Orffiffe [3 p41-I.13C31C1 Sir FSWRY r— w =�.r,.•� —'mow— Ag k6_ F 6[0wn Mai is r•[0 •tt>R 1174044 max - cwpor nota eturaturc, it SMUctIal crP'c oat - 414 OWWT warms) r. 6ap.fri Rs•i.i. •YdraIrl.7.un.a wrrIfIrM atrwwa opauk_ Mit ptwnROW am r.Ytt•war=••••• r yr •�fYM •rM r_Yii NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No.100027-00 P.O. Box 6397 Corpus Christi, TX 78466.6397 PARKVIEW UNIT 4 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08!05115 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 NORTH OSO PARKWAY IMPROVEMENTS AT PARK (EAST OF CL OF - STREET) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1256_ SY 34.00 42,704.00 2. 4" THICK CONCRETE WALK 4476 SF 3.75 16,785.00 3. 6" CURB & GUTTER 560 SY 14.00 7,840.00 4. 11" CRUSHED LIMESTONE BASE TO 2'BC 1505 SY 24.00 36,120.00 5. 8" LIME STABILIZED SUBGRADE TO 2'BC 1505 SY 8.00 12,040.00 6. EXCAVATION 1 LS 18,000.00 18,000.00 7- CLEARING AND GRUBBING 1 LS 4,000.00 4,000.00 TOTAL STREET & SURFACE ITEMS AT PARK $137,489.00 STREET & SURFACE ITEMS WEST OF CL OF NORTH OSO PARKWAY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 3066 LF 14.00 42,924.00 2. 4" THICK RIC WALK 12183 SF 3.75 45,686.25 3. 1 1/2" HMAC 950 SY 13.25 12,587.50 4. 2" HMAC 3729 SY 17.50 65,257.50 5. 4" HMAC 1286 SY 34.00 43,724.00 6. 11" CRUSHED LIMESTONE BASE TO 2'BC 1548 SY 24.00 _ _ 37,152.00 7. 8" LIME STABILIZED SUBGRADE TO 2'BC 6378 SY 8.00 51,024.00 8. 6" CRUSHED LIMESTONE BASE 950 SY 13.25 12,587.50 9. STREET SIGN 4 EA 350.00 1,400.00 10. EXCAVATION 1 LS 51,000.00 51,000.00 11. CLEARING & GRUBBING 1 LS 14,000.00 14,000.00 TOTAL STREET & SURFACE ITEMS $377,342.76 STORM SEWER ITEMS QUANTITY UNIT_ UNIT PRICE AMOUNT 1. 15" RCP 109 LF 32.00 3,488.00 2. _ 18" RCP 175 LF _ 36.00 6,300.00 3. 21" RCP 332 LF 44.00 14,608.00 4. 2r RCP 158 LF_ 50.00 7,900.00 5. 36" RCP 117 LF 54.00 6,318.00 6. 5' INLET 8 EA _ 3,500.00 28,000.00 7. R/C END -OF -PIPE STRUCTURE AT DITCH _ 1 EA 2,500.00 2,500.00 8. SWALE EXCAVATION 1 LS 22,000.00 22,000.00 TOTAL STORM SEWER ITEMS $91,114.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 10" PVC PIPE 822 LF 58.00 47,676.00 2. 8" PVC PIPE 1391 LF 48.00 66,768.00 3. FIBERGLASS MANHOLE 8 EA 3,900.00 31,200.00 4. 4" OR 6" PVC PIPE SERVICE 33 LF 480.00 15,840.00 TOTAL SANITARY SEWER ITEMS $161,484.00 GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUN 1. 112" PVC PIPE 994 LF 60.00 59,640.00 Exhibit 4 Page 1 of 3 NIXON M. WELSH, P.E, R.P.LS. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 2. 30" TAPPING SLEEVE W/12" TAPPING GATE VALVE W/BOX 1 EA 5,500.00' 5,500.00' 3. 12" CAP TAPPED FOR 2" 2 EA 700.00 1,400.00, 4. 12" TEE 5 EA 850.00 4,250.00 5. 12" GATE VALVE W/BOX 2 EA 3,200.00 6,400.00 6. FIRE HYDRANT ASSEMBLY 2 EA 3,600.00 7,200.00 7. 6" GATE VALVE W/BOX 2 EA 975.00 1,950.00 8. 6" 90° EL 6 EA 300.00 1,800.00 9. 6" DIAMETER X 30" PVC PIPE NIPPLE 6 EA 250.00 1,500.00 10. PAVEMENT PATCHING 1 LS 4,500.00 4,500.00 TOTAL GRID MAIN WATER ITEMS $94,140.00 WATER ITEMS - NON GRID MAIN QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 350 LF 36.00 12,600.00 2. 8" EL 1 EA 275.00 275.00 3. 8" CAP TAPPED FOR 2" 1 EA 200.00 200.00 4. 6" PVC PIPE 1324 LF 32.00 42,368.00 5. 6" CAP TAPPED FOR 2" 3 EA 150.00 450.00 6. 6" GATE VALVE W/BOX 6 EA 975.00 5,850.00 7. 6" 90° EL 2 EA 200.00 400.00 8. FIRE HYDRANT ASSEMBLY 1 EA 3,600.00 3,600.00 9. 2" PE PIPE 696 LF 20.00 13,920.00 10. 2" VALVE 3 EA 525.00 1,575.00 9. WATER SERVICE, DOUBLE 15 EA 600.00 9,000.00 10. WATER SERVICE, SINGLE 4 EA 500.00, 2,000.00 TOTAL NON GRID MAIN WATER ITEMS $92,238.00 MISCELLANEOUS ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL & BARRICADING PLAN & PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 2. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM SEWER PIPES OF ALL SIZES) 3929 LF 2.00 7,858.00 3. 4" PVC CONDUITS FOR AEP 200 LF 16.00 3,200.00 4. STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3,500.00 TOTAL MISCELLANEOUS ITEMS TOTAL CONSTRUCTION $15,558.00 $969,365.75 Exhibit 4 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027.00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 4 GRID MAIN WATER CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/05/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE I AMOUNT 1. 12" PVC PIPE 994 LF 60.00, 59,640.00 2. 30" TAPPING SLEEVE W112" TAPPING GATE VALVE WIBOX 1 EA 5,500.00_ 5,500.00 3. 12" CAP TAPPED FOR 2" _ 2 EA 700.00 1,400.00 4. 12" TEE 5 EA 850.00 4,250.00 5. 12" GATE VALVE WIBOX 2 EA 3,200.00 600.00 _ 6. FIRE HYDRANT ASSEMBLY 2 EA 3,600.00 7,200.00 7. 6" GATE VALVE WIBOX 2 EA 975.00 1,950.00 8. 6" 90' EL 6 EA 300.00 1,800.00 9. 6" DIAMETER X 30" PVC PIPE NIPPLE 6 EA 250.00 1,500.00 10. PAVEMENT PATCHING 1 1 LS 4,500.00 4,500.00 TOTAL. WATER ITEMS 10% ENGINEERING, SURVEYING, & TESTING SUBTOTAL CONSTRUCTION LESS WATER ACREAGE FEE TOTAL REIMBURSEMENT $94,140.00 9.414.00 $103,554.00 -6.420.67 $97,133.33 Exhibit 4 Page 3 of 3 INSURANCE REOUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in MI force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 ltu....11irs. City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Chriati, Torun 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 "NA". NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: 0 Corporation [(Partnership 0 Sole Owner 0 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 Job Title and City Department (if known) N/A NIA 2. State the names of each 'official" of the City of Corpus Christi having an 'ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Mossa Mostaghasi Title: President (Print) Signature of Certifying Person: 714944a. 702,4tvzi-a. Date: 1-22-16 KIDEVELOPMENTSVCSSIiAREMAND DEVELOPM NRORDINANCE ADMINISTRATIONYAPPLICATION FORMWORKS AS PER LEGALl20121DLSCLOSURE OF INTERESTS Page 1 of 2 STATETr ENT1.2712.DOC Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held' refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KtDEVF.LOPMENTSVCSSIIARED LAND DEVELOPMENT ORDINANCE ADMIN1STRATIONIAPPL1CA71ON FORMSFORMS AS PER IEGAL120121DISCLOSURE OF INTERESTS STATEMENT! 2712.DOC Page 2 of 2 Exhibit 6 9 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1oP1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILIG Certificate Number: 2016-9181 Date Flied: 02/04/2016 Date Acknowledged: 1 Name of business entity tiling form, and the city, state and country of the business entity's place of business. MPM Development, LP City of Corpus Christi, TX United States t me of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Development Services g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract, Parkview Unit 4 Arterial grid main waterline reimbursement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary t 5 Check only if there is NO Interested Party. X 6 AFFIi' AVIT I swear, or affirm, under penalty of perjury, that the above disci ure is twe and correct CINDY BUENO 0 #11788588.3 ji. .. r Notary PrdLli STATE Ori TEXAS Signature Comm, Exp, 11.-04-20 OAY A Y T [vt F Swor to and subscribed before me , by the saki cit authorized agent of contracting v th s ti c business entity day 20 kV , to certify which, witness my hand and seal of office. L:AiNa' '' Sigttatt erf officer administering oath Printed nage of attic administering oath Title of officer administering oath Farts provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 1 Vicinity Map 2 Aerial Overview 3 Aerial DATE:February 2, 2016 TO:Ronald L. Olson, City Manager FROM:Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., (“Developer”), to reimburse the Developer up to $208,946.10 for the City’s share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend North Oso Parkway. The subdivision is located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. BACKGROUND AND FINDINGS: The developer, MPM Development, LP. is developing the final phase of a multi-phased single-family residential subdivision named Parkview Unit 4 Subdivision. The subdivision is located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. Parkview Unit 4 will contain 33 single-family residential lots. The Planning Commission approved the plat for Parkview Unit 4 on July 1, 2015. The participation agreement is for half-street construction along North Oso Parkway frontage and for the required extra thickness of the asphalt on North Oso Parkway. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable Approval of a Developer Participation Agreement to reimburse the developer for the City’s cost to extend North Oso Parkway AGENDA MEMORANDUM Future Item for the City Council Meeting of February 23, 2016 Action Item for the City Council Meeting of March 8, 2016 CONFORMITY TO CITY POLICY: The developer will be extending and expanding North Oso Parkway for new subdivision as provided in the Unified Development Code and Urban Transportation Plan. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: □ Operating □ Revenue □ Capital □ Not Applicable Fiscal Year: 2015- 2016 Project to Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 591,183.94 $ 795,708.95 $1,386,892.89 This item $208,946.10 $208,946.10 BALANCE $158,816.06 $495,344.95 $750,000.00 $1,409,884.77 Fund(s): Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution with Agreement Maps Resolution- MPM Development LP-Parkview Unit 4 Participation Agreement Page 1 of 2 RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, L.P., (“DEVELOPER”), TO REIMBURSE THE DEVELOPER UP TO $208,946.10 FOR THE CITY’S SHARE OF THE COST TO EXTEND NORTH OSO PARKWAY, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement (“Agreement”), attached hereto, with MPM Development, L.P. (“Developer”), for the CITY’s portion of the cost of North Oso Parkway, including all related appurtenances, for development of Parkview Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the _____ day of ___________________, 2016. ATTEST: THE CITY OF CORPUS CHRISTI _____________________________ ____________________________ Rebecca Huerta Nelda Martinez City Secretary Mayor Resolution- MPM Development LP-Parkview Unit 4 Participation Agreement Page 2 of 2 APPROVED: ____ day of __________, 2016. Corpus Christi, Texas _________ of ___________________, 2016 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 ______________ PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, L.P., ("Developer"), a Texas Limited Partnership, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 8.939 acre tract of land, more or less, a portion of Lots 2 and 3, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Parkview Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct North Oso Parkway for a distance of approximately 562 feet to connect with the existing roadway on Holly Road as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $208,946.10. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed Tess the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY MPM Development LP -Parkview Unit 4 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.01.20.16 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF PARKVIEW UNIT 4 SUBDIVISION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. MPM Development LP -Parkview Unit 4 vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer MPM Development LP -Parkview Unit 4 vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 N. period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: If to the Owner: MPM Development, LP. Attn: Mossa Moses Mostaghasi, General Partner 426 S. Staples Corpus Christi, Texas 78401 City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be March 8, 2018. (EXECUTION PAGES FOLLOWS) MPM Development LP -Parkview Unit 4 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 EXECUTED in one original this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Development Services Director 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 :! ` ` day of rant, Senior Assistant City Ateney For the City Attorney , 2016. MPM Development LP -Parkview Unit 4 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 OWNER: MPM Development, L.P. MossarMoses Mostaghasi Date General Partner STATE OF TEXAS COUNTY OF NUECES 2 9-/4 This instrument was acknowledged before me on , ,)..r.'I`r , 2016, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., a Limited Partnership, on behalf of said partnership. JEANNIE HOLLAND Notary Public, State of Texas Comm. Expires 12-23-2017 Notary ID 729545 „17,4,:--; 4 1, C:dati,/,/ ary Public's Signature MPM Development LP -Parkview Unit 4 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 St/1E OF 14114 !11114 54 4100! 1 1E. 111E =ON B. ODOM Mos 1301! 11101011241P. 110.. trim [SAKI THAT DE AAE 1145 WOAD OF 111 UlC ODD= 147154 D1 10144540 54 THE 5010015 nu, 115101 10 14 MI as POM 44 1114 WE 044.4 440 SM UM m ADO MEWED AS 410004. ND SOUPS AM E1RD4101 AE 0041 144E ®I 115£1415 moo4.1tD, 5 i MOf 11141110, 004101D. 570515 ARE 15150E CCOODE0 11 1! Dist 10 114 PRIME 401 COMO! we MEMOS ME 4554 55:0! ID 114 Rat USE /0151:2, 170 711E TNS RAE e4 MX Rol THE PI5PO= OF OEltSIOM EIRCOOL Da 14 - 05 00 m--. 4044 G. T'MI1r4C. 4brw1 4 41)51 DMZ OP 1504 1 0a171 of Kt=1 710 /134414/ 715 004.141LFOC! 107111E IE Or Da 111 - 30Y OF NOTARY 34541C. 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O* ' - 0 30' 60' 1 120' SCALES 1'= 60' EXHIBIT SHOWING NORTH OSO PARKWAY IMPROVEMENTS AT PARK 1.x60. Exhibit 2 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, RLE EXB-STR, JOB NO. 15021 SCALE 1' - 60° PLOT SCALE SAME, PLOT DATE: 8/18/15, SHEET 1 OF 1 NIXON M. WELSH, P.E., R.P.LS. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466.6397 PARKVIEW UNIT 4 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/05/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 NORTH OSO PARKWAY IMPROVEMENTS AT PARK (EAST OF CL OF STREET) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1256 SY 34.00 42,704.00 2. 4" THICK CONCRETE WALK 4476 SF 3.75 16,785.00 3. 6" CURB & GUTTER 560 SY 14.00 7,840.00 4. 11" CRUSHED LIMESTONE BASE TO 2'BC 1505 SY 24.00 36,120.00 5. 8" LIME STABILIZED SUBGRADE TO 2'BC 1505 SY 8.00 12,040.00 6. EXCAVATION 1 LS 18,000.00 18,000.00 7. CLEARING AND GRUBBING 1 LS 4,000.00 4,000.00 TOTAL STREET & SURFACE ITEMS AT PARK $137,489.00 STREET & SURFACE ITEMS WEST OF CL OF NORTH OSO PARKWAY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 3066 LF 14.00 42,924.00 2. 4" THICK RIC WALK 12183 SF 3.75 45,686.25 3. 1 1/2" HMAC 950 SY 13.25 12,587.50 4. 2" HMAC 3729 SY 17.50 65257.50 5. 4" HMAC 1286 SY 34.00 43.724.00 6. 11" CRUSHED LIMESTONE BASE TO 2'BC 1548 SY 24.00 37,152.00 7. 8" LIME STABILIZED SUBGRADE TO 2'BC 6378 SY 8.00 51,024.00 8. 6" CRUSHED LIMESTONE BASE 950 SY 13.25 12,587.50 9. STREET SIGN 4 EA 350.00 1,400.00 10. EXCAVATION 1 LS 51,000.00 51,000.00 11 CLEARING & GRUBBING 1 LS 14,000.00 14,000.00 TOTAL STREET & SURFACE ITEMS $377,342.75 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 109 LF 32.00 3,488.00 2. 18" RCP 175 LF 36.00 6,300.00 3. 21" RCP 332 LF 44.00 14,608.00 4. 27" RCP 158 LF 50.00 7,900.00 5. 36" RCP 117 LF 54.00 6,318.00 6. 5' INLET 8 EA 3,500.00 28,000.00 7. RIC END -OF -PIPE STRUCTURE AT DITCH 1 EA 2,500.00 2,500.00 8. SWALE EXCAVATION 1 LS 22,000.00 22,000.00 TOTAL STORM SEWER ITEMS $91,114.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 10" PVC PIPE 822 LF 58.00 47,676.00 2. 8" PVC PIPE 1391 LF 48.00 66,768.00 3. FIBERGLASS MANHOLE 8 EA 3,900.00 31,200.00 4. 4" OR 6" PVC PIPE SERVICE 33 LF 480.00 15,840.00 TOTAL SANITARY SEWER ITEMS $161,484.00 GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 112" PVC PIPE 994 LF 60.00 59,640.00 Exhibit 3 Page 1 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW©aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 2. 30" TAPPING SLEEVE W/12" TAPPING GATE VALVE W/BOX 1 EA..5,500.00 AMOUNT 5,500.00 3. 12" CAP TAPPED FOR 2" 2 EA 700.00 1,400.00 4. 12" TEE 5 EA 850.00 4,250.00 5. 12" GATE VALVE W/BOX 2 EA 3,200.00 6,400.00 6. FIRE HYDRANT ASSEMBLY 2 EA 3,600.00 7,200.00 7. 6" GATE VALVE W/BOX 2 EA 975.00 1,950.00 8. 6" 90' EL 6 EA 300.00 1,800.00 9. 6" DIAMETER X 30" PVC PIPE NIPPLE 6 EA 250.00 1,500.00 10. PAVEMENT PATCHING 1 LS 4,500.00 4,500.00 TOTAL GRID MAIN WATER ITEMS $94,140.00 WATER ITEMS - NON GRID MAIN QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 350 LF 36.00 12,600.00 2. EL 1 EA 275.00 275.00 _8" 3. 8" CAP TAPPED FOR 2" 1 EA 200.00 200.00 4. 6" PVC PIPE 1324 LF 32.00 42,368.00 5. 6" CAP TAPPED FOR 2" 3 EA 150.00 450.00 6. 6" GATE VALVE W/BOX 6 EA 975.00 5,850.00 7. 6" 90• EL 2 EA 200.00_ 400.00 8. FIRE HYDRANT ASSEMBLY 1 EA 3,600.00 3,600.00 9. 2" PE PIPE 696 LF 20.00 13,920.00 10. 2" VALVE 3 EA 525.00 1,575.00 9. WATER SERVICE, DOUBLE 15 EA 600.00 9,000.00 10. WATER SERVICE, SINGLE 4 EA 500.00 2,000.00 TOTAL NON GRID MAIN WATER ITEMS $92,238.00 MISCELLANEOUS ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL & BARRICADING PLAN & PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 2. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM SEWER PIPES OF ALL SIZES) 3929 LF 2.00 7,858.00 3. 4" PVC CONDUITS FOR AEP 200 LF 16.00 3,200.00 4. STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3,500.00 TOTAL MISCELLANEOUS ITEMS TOTAL CONSTRUCTION $15,558.00 $969,365.75 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NIxMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 4 CITY REIMBURSEMENT ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/05/15 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 NORTH OSO PARKWAY IMPROVEMENTS AT PARK (EAST OF CL OF STREET) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1256 SY 34.00 42,704.00 2. 4" THICK CONCRETE WALK 4476 SF 3.75 16,785.00 3. 6" CURB & GUTTER 560 SY 14.00 7,840.00 4. _ 11" CRUSHED LIMESTONE BASE TO 2'BC 1505 SY 24.00 36,120.00 5. 8" LIME STABILIZED SUBGRADE TO 2'BC 1505 SY 8.00 12,040.00 6. EXCAVATION 1 LS 16,000.00, 18,000.00 7. ,CLEARING AND GRUBBING 1 LS 4,000.001 4,000.00 TOTAL STREET & SURFACE ITEMS AT PARK $137,489.00 NORTH OSO PARKWAY OVERDEPTH AND OVERWIDTH (28'BB TO 40'BB) IN PORTION OF STREET WEST OF STREET CL, REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC (OVERWIDTH) 433 _ SY _ 34.00 14,722.00 2. 2" HMAC (OVERDEPTH) 853 SY 17.00 14,501.00 3. 11" CRUSHED LIMESTONE BASE (OVERWIDTH) 433 SY 24.00 10,392.00 4. 5" CRUSHED LIMESTONE BASE (OVERDEPTH) 853 SY 11.00 9,383.00 5. 8" LIME STABILIZED SUBGRADE (OVERWIDTH) 433 SY 8.00 3,464.00 TOTAL STREET & SURFACE ITEMS (OVERDEPTH & OVERWIDTH) SUBTOTAL 10% ENGINEERING, SURVEYING & TESTING TOTAL $52,462.00 $189,951.00 818.995.10, 8208,946.10 Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REOUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 diCity of Corpus A Christi ..•.01%r DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Chrsti, Texas 78469-9277 (361)826-3240 Located at 2406 Leopard Smit (Comer of Leopard St and Pori Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development. LP STREET: PC? Rnx 3111nR CITY: Corpus Christi ZIP: 78463 FIRM is: ❑ Corporation iilfPartnership ❑ Sole Owner 0 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 Job Title and City Department (if known) N/A N/A 2. State the names of each 'official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaghasi Title: Director (Print) Signature of Certifying Person: 7,1d('d Date: 1 -4-16 K.4 DEVELOPMENTSVCSSHARED'LAND DEVELOPMENTORDINANCE ADMINI.STRATIOMAPPLICATION FORMS\FORMS AS PER LEGAL520121DISCLOSURE OF INTERESTS STATEMENTIIT 12.DOC Exhibit 5 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. k.1DEVELOPMENTSVCSLSRAREDWIND DEVELOPMENTIORDINANCE ADMINISTRATIONIAPPLICATION FORMSFORMS AS PER LEGAL120I21DISCLOSURE OF INTERESTS STATEMENT1.2T 12.DOC Exhibit 5 Page 2 of 2 CERTIFICATE OF INTEREST Et PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-9176 Date Filed: Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MPM Deveiepment, LP Corpus Christi, TX United States 2 Na.me of governmental entity or state agency that as a parry to the contract for which the form is `02/04(2016 being filed. City of Corpus Christi Development Services g Provide the ident facatian number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. Parkview Unit 4. Street Participation Agreement Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling. intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT 3 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct., CINDY BtJE 4O ;; 4 ID *1178.558-3 Notary Put)hc a STATE OF TEXAS mrn, Exp. 1..04-2019 A i IX NOTARY STA M f SEAL ABOVE Sworn to and subscribed before me, by the said; � Signature of authorized argent of contract.ing this the business entity " day cat 20 , to certify which, witness my hand and seal of office, . 1110 #0 eiN Signature o'officer administering oath Printed name of officer administering oath Title of officer administering oath Farms or vi d by Texas Ftbies Cnrnmissinn wv w ethic's *tato tx r i 11n.,c,i„ 1r'i n .)nrxn n 1 Vicinity Map 2 Aerial Overview 3 Aerial DATE:February 1, 2016 TO:Ronald L. Olson, City Manager FROM:Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7203 CAPTION: Motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services (DSHS) for the period 9/1/2015 through 8/31/2017 to provide the Corpus Christi-Nueces County Public Health District (CCNCPHD) access to the Texas Electronic Registration Remote System (TER Remote System) for the purpose of issuing individual birth certificates, and pay DSHS a fee of $1.83 for each Certification of Vital Record printed as a result of searches of the database; and ratifying acceptance of the contract to begin September 1, 2015. PURPOSE: The contract with DSHS allows the CCNCPHD access to the Texas Electronic Registration Remote System (TER Remote System) for the purpose of issuing individual certified birth certificates to customers requesting them from the Vital Records Office of the CCNCPHD who were born outside the City of Corpus Christi. BACKGROUND AND FINDINGS: The Vital Records Office of the CCNCPHD issued 18,357 birth certificates, 1,322 death certificates, 2,763 duplicate death certificates, and 7,434 plastic covers in FY 2015. This contract with DSHS formalizes an agreement to provide the CCNCPHD access to the State database to obtain and print a copy of a birth certificate short form for a fee of $1.83 per copy for a person requesting one who was not born in the City of Corpus Christi but elsewhere in the State of Texas. The fee of $1.83 is deducted from the $23.00 birth certificate issuance fee, and is paid to DSHS. In FY 2015 the Vital Records Office made over 1,994 copies from the DSHS database. A fee of $1.80 is also deducted from each fee of $23.00 collected for issuing the 16,363 birth certificates to persons born in the City of Corpus, and are remitted to the State Comptroller to cover State administrative costs. The current fee for a birth certificate is $23.00; death certificate, $21.00; duplicate death certificate, $4.00; and plastic cover, $2.00. These fees are set by the DSHS Program Vital Statistics Unit. From each plastic cover fee sale, the City of Corpus Christi allocates $1.00 to the CCNCPHD in order to build and maintain an electronic record retention database to archive and preserve the historical patrimony of birth and death records of those who were born and died in the City of Corpus Christi. Vital Records Agreement with DSHS so that the Health District Can Access the Texas Electronic Registration Remote System for the period 9/1/2015 through 8/31/2017. AGENDA MEMORANDUM Future Item for the City Council Meeting of February 23, 2016 Action Item for the City Council Meeting of March 8, 2016 ALTERNATIVES: Discontinue the public service of providing certified copies of birth certificates by the Vital Statistic Office of the Corpus Christi-Nueces County Public Health District for persons requesting them who were born outside of the City of Corpus Christi OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Council action required to approve execution of agreement. EMERGENCY / NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. 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: FY15 Vitals Records Total Revenue October 1, 2014 to September 30, 2015 Category Fee Counts Revenue Birth Certificates*$23.00 18,357 $422,211.00 Death Certificates*$21.00 1,322 $27,762.00 Death Certificates Copies $4.00 2,763 $11,052.00 Plastic Sleeves $2.00 7,434 $14,868.00 Sub-Total:29,876 $475,893.00 Category Fee Counts Revenue Due to State Remote (Per Remote Birth Certificate)$1.83 1,994 ($3,649.02) Due to State Comptroller (Per Manual & EZNET Birth Certificate)$1.80 16,363 ($29,453.40) Sub-Total Due to State & Comptroller:18,357 ($33,102.42) Total:$442,790.58 Retention Fee *$1.00 19,679 $19,679.00 *$1 of the fee collected to issue a birth certificate & death certificate (does not include copies or plastic sleeves) is reserved to build and maintain an electronic record retention database to archive and preserve the historical patrimony of birth and death records of those who were born and died in the City of Corpus Christi. Comments:The Vital Records Office receives revenue for issuing birth certificates to individuals requesting them who have been born outside of the City of Corpus Christi, and a fee of $1.83 is deducted from each $23.00 fee collected to pay DSHS for the TER System service. The collected DSHS fees are deposited directly into a liability account for payment to the DSHS. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Contract No. 537-16-0118-00001 Contract Number: 537-16-0118-00001 DEPARTMENT OF STATE HEALTH SERVICES Contract number 537-16-0118-00001 (Contract), is entered into by Department of State Health Services (DSHS) Vital Statistics Unit and City of Corpus Christi (Contractor). DSHS and Contractor are collectively referred to herein as the "Parties." I. Purpose of the Contract. DSHS agrees to provide access to the Texas Electronic Registration Remote System (TER Remote System) for the purpose of issuing individual birth certificates. II. Term of the Contract. This Contract will begin on September 1, 2015 and end on August 31, 2017. III. Authority. The Parties enter into this Contract under the authority of Texas Government Code Chapter 791. IV. Statement of Work. A. DSHS agrees to provide on-line computer services in support of Contractor from 7:00 a.m. to 6:00 p.m. (CST) Monday thru Friday, except holidays. In the event of an emergency or computer application error, DSHS may temporarily suspend services without advance notice. B. Contractor will search DSHS databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by DSHS. No limit will be established on the number of searches per month not resulting in issuance of a certification, provided the number is reasonable. C. Contractor will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by DSHS. DSHS will assist in connection of the equipment, furnish software program and provide technical assistance, if necessary. D. Contractor acknowledges that records may not be located in the searching process instituted by Contractor or records, which are located, may have errors due to: 1. Normal key -entry errors in spellings; 2. Accidental failure on the part of the DSHS to update a file for an amendment or paternity determination; and 3. The event year does not exist on the system. VSU Remote Birth Access Page 1 Contract Number: 537-16-0118-00001 E. Contractor will notify DSHS in writing, at least monthly of errors or suspected errors that exist on the data base information. F. Contractor is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. G. Contractor is responsible for maintaining a system of vital record keeping that is in accordance with Health and Safety Code Chapter 195 and the regulations adopted. H. The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of this data and records, which includes Texas Government Code Section 552.0038. 1. The Parties will maintain sufficient safeguards to prevent release or disclosure of any such records or information obtained under this Contract to anyone other than individuals who are authorized by law to receive such records or information and who will protect the records or information from re -disclosure as required by law. J. The Parties will use confidential records and information obtained under this Contract only for purposes as described in this Contract and as otherwise allowed by law. V. Fees. Contractor agrees to pay DSHS $1.83 for each Certification of Vital Record printed as a result of searches of the database. Contractor agrees to charge the same base search fee for a birth certificate as DSHS. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. VL Billing. A. DSHS will send an itemized billing to Contractor on a monthly basis for each certification of Vital Record printed. This billing will be sent through the U.S. Postal Service to the Contractor at: Name: City of Corpus Christi Address: Attn: Vital Records, Tere Escalante P.O. Box 9727 Corpus Christi, TX 78469 B. Contractor will direct any billing inquiries either by phone to 512-776-7206 or email to vsubusinessservices@dshs.state.tx.us. VH. Payment Method. A. Contractor will remit payment to DSHS within thirty days after a billing is received by them. Payment by the Contractor will be considered made on the date postmarked. VSU Remote Birth Access Page 2 Contract Number: 537-16-0118-00001 B. Contractor will send payments to DSHS at: Texas Department of State Health Services Cash Receipts Branch MC 2096 P.O. Box 149347 Austin, TX 78714-9347 C. Contractor will make payment to DSHS out of its current revenues. VIII. Representatives. The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. City of Corpus Christi DSHS Annette Rodriguez Texas Department of State Health City of Corpus Christi Services Attn: Vital Records, Tere Escalante Contract Oversight and Support P.O. Box 9727 _ Attn: Princess Lindsay . Corpus Christi, TX 78469 Mail Code 1326 P.O. Box 149347 Phone: 361-826-7203 Austin, TX 78714-9347 Email: annetter@cctexas.com Phone: 512-776-3713 Email: Princess.Lindsay@dshs.state.tx.us IX. General Terms and Conditions. A. Governing Law. Regarding all issues related to this Contract's formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract will be governed by and construed in accordance with the laws of the State of Texas. B. Amendment. This Contract may be modified by written amendment signed by the Parties. C. Confidentiality. 1. The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI) or other information or records made confidential by law, which includes, but is not limited to the Data Use Agreement that will be executed by the Contractor by January 16, 2016. 2. Contractor will maintain sufficient safeguards to prevent release or disclosure of any such records or information obtained under this Contract to anyone other than VSU Remote Birth Access Page 3 Contract Number: 537-16-0118-00001 individuals who are authorized by law to receive such records or information and who will protect the records or information from re -disclosure as required by law. 3. Contractor will use confidential records and information obtained under this Contract only for purposes as described in this Contract and as otherwise allowed by law. 4. Notwithstanding any provision relating to confidentiality, the confidential information held by DSHS may be disclosed to a third party pursuant to the Texas Public Information Act (Texas Government Code Chapter 552), any open records decision or ruling by the Attorney General that such information constitutes public information or as otherwise provided by law. D. Exchange of Client -Identifying Information. If this Contract concerns client-. identifying information, except as prohibited by other law, Contractor and DSHS may exchange PHI without the consent of clients in accordance with 45 Code of Federal Regulation § 164.504(e)(3)(i)(B), Texas Health and Safety Code § 533.009 and other applicable law or rules. E. Records Retention. DSHS will retain records in accordance with DSHS State of Texas Records Retention Schedule at http://www.dshs.state.tx.us/records/schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. F. Severability. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. G. Notice. Any notice required or permitted to be given under this Contract will be in writing and sent to the respective Party's Representative in Section VIII. Notice will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified in writing by the Party to the other Party, or, if sent by certified mail, on the date of receipt. H. Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract will not constitute a waiver of either Party's rights under the Contract. I. Assignment. Neither DSHS nor Contractor will not transfer, assign, or sell its interest, in whole or in part, in this Contract without prior written consent by both Parties. J. Suspension of Services Under This Contract. In the event of an emergency or information technology system failure, DSHS may temporarily suspend services without advance notice. VSU Remote Birth Access Page 4 Contract Number: 537-16-0118-00001 K. Termination. 1. Convenience. This Contract may be terminated by mutual agreement of both Parties. Either Party may terminate this Contract without cause by giving 30 days written notice of its intent to terminate to the non -terminating Party. 2. Cause. This Contract may be terminated for cause by either Party for breach or failure to perform an essential requirement of the Contract. 3. Notice of Termination. Written notice may be sent by any method that provides verification of receipt, which will be calculated from the date of receipt by the non - terminating Party's Representative provided in Section VIII. 4. Transition after Termination. At the end of the Term of this Contract or termination as provided for in this Section, the Parties will equitably settle their respective accrued interests or obligations incurred prior to termination. By signing below, the Parties agree that this Contract constitutes the entire legal and binding agreement between them. The Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the authority to execute this Contract on behalf of their respective Party. DEPARTMENT OF STATE HEALTH CITY OF CORPUS CHRISTI SERVICES Ed House Chief Operating Officer Department of State Health Services Ronald Olson City Manager City of Corpus Christi Date Date VSU Remote Birth Access Page 5 DATE:February 1, 2016 TO:Ronald L. Olson, City Manager FROM:Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7203 CAPTION: Resolution authorizing the Director of the Corpus Christi Nueces County Public Health District (CCNCPHD), to sign on behalf of the City of Corpus Christi for the CCNCPHD, a Data Use Agreement and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the CCNCPHD and describe the CCNCPHD’s rights and obligations with respect to the confidential information pursuant to 45 CFR 164.504(e)(1)-(3), for the contract period beginning on the date of execution and ending upon termination of the base contracts listed in Attachment A. PURPOSE: The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with Texas Health and Human Services Enterprise. BACKGROUND AND FINDINGS: A Data Use Agreement (DUA) is a legal binding agreement between the Texas Department of Health and Human Services (TXHHS) and an external entity (e.g., contractor, private industry, academic institution, other Federal government agency, or state agency), when an external entity requests the use of personal identifiable data that is covered by a legal authority, such as the Privacy Act of 1974, Economy Act, Government-wide User Charge Authority, Intergovernmental Cooperation Act, “Special Studies” statute, Joint Project Authority, and the Clinger Cohen Act. The agreement delineates the confidentiality requirements of the relevant legal authority, security safeguards, and the TXHHS’ data use policies and procedures. The DUA serves as both a means of informing data users of these requirements and a means of obtaining their agreement to abide by these requirements. Additionally, the DUA serves as a control mechanism for tracking the location(s) of the TXHHS’ data and the reason for the release of the data. A DUA requires that a System of Records (SOR) be in effect, which allows for the disclosure of the data being used. A Data Usage Agreement (DUA) and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with the CCNCPHD for the period effective the date of signature until terminated by either party. AGENDA MEMORANDUM Future Item for the City Council Meeting of February 23, 2016 Action Item for the City Council Meeting of March 8, 2016 ALTERNATIVES: Not to sign the agreement causing the CCNCPHD not to be able to exchange and share confidential information with TXHHS regarding grant programs and grant deliverable outcomes for patient and clients served by the grants. OTHER CONSIDERATIONS: On January 20, 2016 the County of Nueces Commissioners Court approved a motion authorizing the Director of Public Health to sign this same agreement for the CCNCPHD on behalf of the County of Nueces. CONFORMITY TO CITY POLICY: Council action required to approve execution of agreement. EMERGENCY / NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: □ Operating □ Revenue □ Capital ⾙ 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: Comments: None. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Data Use Agreement with Attachment A Resolution Resolution Authorizing the Director of the Corpus Christi Nueces County Public Health District (CCNCPHD), to sign on behalf of the City of Corpus Christi for the CCNCPHD a Data Use Agreement and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the CCNCPHD and describe the CCNCPHD’s rights and obligations with respect to the confidential information pursuant to 45 CFR 164.504(e)(1)-(3), for the contract period beginning on the date of execution and ending upon termination of the base contracts listed in Attachment A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Director of the CCNCPHD is authorized to sign on behalf of the City of Corpus Christi for the CCNCPHD, a Data Use Agreement and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the CCNCPHD and describe the CCNCPHD’s rights and obligations with respect to the confidential information pursuant to 45 CFR 164.504(e)(1)-(3), for the contract period beginning on the date of execution and ending upon termination of the base contracts listed in Attachment A. 2 ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Nelda Martinez ______________ Rudy Garza ______________ Chad Magill ______________ Colleen McIntyre ______________ Lillian Riojas ______________ Brian Rosas ______________ Lucy Rubio ______________ Mark Scott ______________ Carolyn Vaughn ______________ HHS Contract No. (see Attachment A) DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND CORPUS CHRISTI-NUECE COUNTY PUBLIC HEALTH DISTRICT ("CONTRACTOR") This Data Use Agreement ("DUA"), effective as of the date signed below ("Effective Date"), is entered into by and between the Texas Health and Human Services Enterprise agencies indicated in Attachment A ("HHS"), and Corpus Christi-Nueces County Public Health District, a political subdivision of the State of Texas ("CONTRACTOR"), and incorporated into the terms of HHS Contract No. (see Attachment A), in Travis County, Texas (the "Base Contract"). ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to bath Business Associate§ and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. § 1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person: HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 1 of 15 1•11•1S Contract No. (see Attachment A) (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may, for an Authorized Purpose, create, receive, maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein "PHI"); (3) Ch. 521; Sensitive Personal Information defined by Texas Business and Commerce Code (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas H1PAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative" of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code § 166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: HHS Data Use Agreement (modified v. 8.3) Local Governments October 212015 Page 2 of 15 itS Ccr ract No, (see ,SLMtciun=;w A} (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Required by Law, CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.F.R. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of' promptly reporting any Event or Breach to CONTRACTOR's management, to cavy out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to I{HS upon request.45 C.ER. 164.308(a)(1)(ii)(C); 164.530(e); 164410(b); 164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(i)(A) (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Information or De -identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(0 and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002 (E) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164 502(e)(1)(ii); 164.504(e)(1)(i) and (2). HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 3 of 15 HHS cructN Amac (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PH] in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164, 504(e) (2) (ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to FII -1S for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F). (J) If P 41 is subject to this Agreement, CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164 504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for HHS Data Use Agreement (modified v. 8.3) Local Governments October 21.2015 Page 4 of 15 HHS Contract No. (see Attachment A) the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if: 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required bv Law, provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required bv Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164 504(e)(4)(ii}(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(0(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at I-IHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on 1-I1-1S's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(ii)(J) (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 5 of 15 HHS Contract No. (see Attachment A) anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information. CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. 1-111-15 also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PI -II, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users. their signatures, titles and the date they HHS Data Use Agreement (modified v. 83) Local Governments October 21,2015 Page 6 of 15 HI -IS Contract No. (see Attachment A) agreed to be bound by the terms of this DUA, at all times and supply it to LCIS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(d); 164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR for an Authorized Purpose for 11HS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(j(1). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to 1 -11 -IS no later than 48 hours after HI-IS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De -identification of HHS Confidential Information is a means of security. With respect to de -identification of PHI, "secure" means de -identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Fart 10, Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; HHS Data Use Agreement (modified v. 8.3) Local Governments October21,2015 Page 7 of 15 1•IHS Contract No. (see Attachment A) • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 - An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A -- Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of I -LHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. (A) CONTRACTOR will cooperate fully with HHS in investigating. mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 8of15 HHS Contract No. (set AUachmen (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164 404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discoverv, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR' and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach,; including how it occurred and who is responsible (or hypotheses, if not yet determined); (d) A brief description of CONTRACTOR's investigation and the status of the investigation; HHS Data Use Agreement (modified v. 8.3) Local Governments October 2l 2015 Page 9 of 15 111.15 Contract No. (see Attachment A) (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally, Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); (j) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor. or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and (m) Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery. HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 10 of 15 HHS Conira f NO, 4.02 Investigation, Response and Mitigation. 45 CFR 164.308, 310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators orthird-parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third -parties, or any notice required by other state or federal authorities. HHS shall have ten (10) business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide 1-11-1S with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 11 of 15 HHS Contract 'Jo. (see Ana clirr e (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for 1 -11 -IS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation, receipt, maintenance, use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. (A) 1 -11 -IS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Informatiort as set forth in this DUA and HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 12 of 15 FIFES Contract No. (seg Attachment A) to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation, the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible, HI -IS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. HHS Data Use Agreement (modified v. 8.3) Local Governments October 212015 Page 13 of 15 111 -IS Contract No. (see Attachment A) (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self -insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 14 of 15 HMS Contract No. (see Attachment A) If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law, regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. ARTICLE 7. AUTHORITY TO EXECUTE The Parties have executed this DUA in their capacities as stated below with authority to bind their organizations on the dates set forth by their signatures. IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and delivered by its duly authorized representative: TEXAS HEALTH AND HUMAN SERVICES CONTRACTOR BY: NAME: TITLE: DATE: .201 . BY: NAME: TITLE: DATE: ,201 Approved as to (9-1q I ke sistant Cit i r ney r City Attorney HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 15 of 15 ATTACHMENT A Agency DSHS TIN 17460005857 Legal Contractor NUECES COUNTY Contract No 2016-001327 DSHS 17460005857 NUECES COUNTY 2016-001419 DSHS 17460005857 NUECES COUNTY 2015-001347 DSHS 174.6.0.0.05741 CITY OF CORPUS CHRISTI 2015-002508 DSHS 17460005741 CITY OF CORPUS CHRISTI 2016-001102 DSHS 17460005741 CITY OF CORPUS CHRISTI 2016-001139 DSHS 17460005741 CITY OF CORPUS CHRISTI 537-16-7777- 00342 DSHS 17460005741 CITY OF CORPUS CHRISTI 537-16-0118- 00001 DATE:February 12, 2016 TO:Ronald L. Olson, City Manager THRU:Mark Van Vleck, P.E., Assistant City Manager, Public Works and Utilities MarkVV@cctexas.com (361) 826-3897 FROM:Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 CAPTION: Motion authorizing the City Manager or designee to proceed with design phase work by executing Amendment No. 1 with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $479,977.31 for a total restated fee not to exceed $529,817.31 for Laguna Shores Road Force Main Replacement. PURPOSE: The existing engineering contract covered investigation, alternatives evaluation and preliminary engineering work. The purpose of this agenda item is to obtain authority to execute an amendment to that professional service contract to include detailed design, permitting, bid phase support and construction phase services for necessary wastewater collection improvements in the Laguna Shores Road area. BACKGROUND AND FINDINGS: This project will address wastewater conveyance capacity deficiencies and reliability issues in the Laguna Shores Road corridor. This project will allow the decommissioning and replacement of a substandard lift station and an inverted siphon under SPID that have been a source of sanitary sewer overflows. The existing 10-inch force main was constructed in 1975 and was removed from service due to aging and deterioration. Currently, there is only one 18-inch active force main in service along Laguna Shores Road to Laguna Madre Wastewater Treatment Plant (WWTP). To meet wastewater flow capacity and allow proper maintenance, two lines are required to convey AGENDA MEMORANDUM Future Item for the City Council Meeting of February 23, 2016 Action Item for the City Council Meeting of March 8, 2016 Engineering Contract Laguna Shores Road Force Main Replacement wastewater flows. This project provides for replacement of the existing 10-inch wastewater force main along Laguna Shores Road from Graham Road to Laguna Madre WWTP. The new force main is required to convey partial Flour Bluff wastewater flows from the Laguna Shores Lift Station to the Laguna Madre WWTP. This contract provides for engineering services to prepare construction documents to replace the existing force main and other associated improvements from Graham Road to the Laguna Madre WWTP. The scope of work will include the following major elements: Construct a new force main paralleling Laguna Shores Road from Graham Road to Laguna Madre WWTP; Construct inter-connects between the new force main and the existing force main from Graham Road to the Laguna Madre WWTP; Construct a new Gateway Lift Station and associated new gravity wastewater infrastructure necessary to take offline the existing siphon wastewater line beneath SPID; Install flow meters at the following lift station (LS) locations: Riviera LS, Laguna Shore LS, Waldron LS, Flour Bluff LS and new Gateway LS. LJA Engineering, Inc. (previous RVE, Inc.) was selected for this project through RFQ No. 2011- 05. Selection was based upon qualifications and their specific experience with similar projects. The design phase is planned to be complete in February 2017 and construction is anticipated to take 13 months to complete. 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: Operating □ Revenue Capital □ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $90,400 $6,526,400 $6,616,800 Encumbered / 90,400 90,400 Expended Amount This Item $479,977 $479,977 Future Anticipated Expenditures This Project $5,636,860 $5,636,860 BALANCE $0 $409,563 $409,563 Fund(s): Wastewater CIP No. 3 Comments:This project requires approximately 840 calendar days with anticipated completion in June 2018. The amendment will result in the expenditure of an amount not to exceed $479,977.31. RECOMMENDATION: City Staff recommends approval to proceed with design phase work by executing Amendment No. 1 with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $479,977.31 for a total restated fee not to exceed $529,817.31 for Laguna Shores Road Force Main Replacement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET LAGUNA SHORES ROAD FORCE MAIN REPLACEMENT FUNDS AVAILABLE: Wastewater CIP…………………………………………………………………………………….$6,616,800 FUNDS REQUIRED: Construction Estimate (TBD)……………………………………………………………………………………..4,800,000 Contingency (10%)…………………………………………………………………………………480,000 Engineer Original (LJA).…………………………………………………………………….49,840 Engineer Amendment No. 1 (LJA) THIS CONTRACT.…………………………………………………………………….479,977 Subsurface Utility Engineering (Estimate)……………………………………………………………………………..40,000 Geotechnical investigation and construction materials testing (Estimate)………………40,000 Construction observation (Estimate)…………………………………………………….150,000 Reimbursements: Administration/Finance (Engineering/Capital Budget/Finance) (1%)……………………….66,168 Engineering Services (Project Mgmt) (1.5%)…………………………………………………………………………….99,252 Misc…………………………………………………………………………………………………………………………….2,000 TOTAL………………………………………………………………………………………………………………………………………$6,207,237 PROJECT BUDGET BALANCE…………………………………………………………………………………………$409,563 Lagun a M a d r e oso ba y Corpus Christi Bay Project Location Flour Bluff Padre Island Sou t h P a d r e I s l a n d D r i v e J F K C a u s e w a y CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 2 Project Number: E10054 LOCATION MAP NOT TO SCALE Waldron Rd. So u t h P a d r e I s l a n d D r . Gr a h a m R d . Laguna Madre Project Location Laguna Shores W.W.T.P. New Force Main (From Graham Rd. to Laguna Shores W.W.T.P.)New Gate Lift Station CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 OF 2 Project Number: E10054 LOCATION MAP NOT TO SCALE Contract for Professional Services Page 1 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1\CONTRACT\CONTRACT.DOC 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 LJA Engineering, Inc., a Texas corporation, 820 Buffalo, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Laguna Shores Road Force Main Replacement (Project No. E10054) – This project includes Preliminary, Design, and Bid Phase services and associated Additional Services, as described herein, for the installation of a wastewater force main from Graham Road to the Laguna Madre Wastewater Treatment Plant, a new small Gateway Lift Station, a new wastewater gravity line to the Gateway Lift Station, and five (5) wastewater flow meters. 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 2 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1\CONTRACT\CONTRACT.DOC 4. FEE The City will pay the Consultant a fee as described in Exhibit “A” for providing services authorized, for a fee not to exceed $479,977.31, for a total restated fee not to exceed $529,817.31. 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. 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 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 3 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1\CONTRACT\CONTRACT.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 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 $500,000 /$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 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. Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1\CONTRACT\CONTRACT.DOC 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. 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. Contract for Professional Services Page 5 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1\CONTRACT\CONTRACT.DOC 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 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 6 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1\CONTRACT\CONTRACT.DOC 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 Government 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. CITY OF CORPUS CHRISTI LJ E¢GIRIFI( , INC. J.H. Edmonds, P.E. Date Patric . Vat -.o, P.E. Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, Texas 78401 RECOMMENDED (361) 887-8851 Office (361) 887-8855 Fax Operating Department Date APPROVED AS TO LEGAL FORM Legal Department APPROVED Date Office of Management Date and Budget ATTEST Rebecca Huerta City Secretary Date Project Number E10054 Accounting Unit 4254-042 Account 550950 Activity El 0054014254EXP Account Category 550950 Fund Name Wastewater CIP Date Contract for Professional Services Page 7 of 7 K.:IENGINEERING DATAEXCHANGEUENNIFERIWASTEWATERIE10054 LAGUNA SHORES RO WW FM IMPROVEMENTS AMENDMENT NO 11CONTRACT' CONTRACT.00C AMEND. NO. 1 EXHIBIT “A” Page 1 of 10 EXHIBIT “A” AMENDMENT NO. 1 CITY OF CORPUS CHRISTI, TEXAS Laguna Shores Road WW Forcemain Replacement Project No. E10054 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. l) 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) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. p) Prepare an Addendum to previous Engineering Letter Report (20 – 25 page main-body text document with supporting appendices) that documents the AMEND. NO. 1 EXHIBIT “A” Page 2 of 10 analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic-level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 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. 6. Provide an analysis on project impacts towards “re-engineering” and effects on cost savings toward City operations, which this project will affect. 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 Addendum to previous Engineering Letter Report (ELR). 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 Addendum to previous ELR as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Addendum to previous ELR and provide one (1) set of the Final Addendum to previous 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 Subcommittee and the Transportation Advisory Committee (TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) 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) The preliminary budget, specifying the funds available for construction. 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. g) City Control survey Bench marks and coordinates. h) Preliminary Traffic Impact Assessment. AMEND. NO. 1 EXHIBIT “A” Page 3 of 10 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 A/E 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) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11”x 17”. i) 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. ii) Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans and bid documents (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. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre-final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100%) plans and bid documents (unsealed and unstamped - electronic and hard copy using City Standards as applicable) for City’s final review. AMEND. NO. 1 EXHIBIT “A” Page 4 of 10 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.. l) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See attachment ‘A’ for required form. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. 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. d) Prepare CIVCAST bid form spreadsheet(s). 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City’s format, for the Engineering Services’ approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder’s bid exceeds the project budget as revised by the Engineering Services in accordance with the 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. AMEND. NO. 1 EXHIBIT “A” Page 5 of 10 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) Prepare Authorization to Advertise (ATA). f) Prepare Agenda Memoranda and PowerPoint presentation for City Council Meeting. 4. Construction Administration Phase. The A/E 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 impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor’s price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare Assist the City in the preparation of change orders as authorized by the City. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items for Contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction “red-line” drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. (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. AMEND. NO. 1 EXHIBIT “A” Page 6 of 10 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 A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b) TxDOT utility permit(s) c) Wetlands Delineation and Permit d) Temporary Discharge Permit e) NPDES Permit/Amendments (including SSC, NOI NOT) f) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g) Nueces County h) Texas Historical Commission (THC) i) U.S. Fish and Wildlife Service (USFWS) j) U.S. Army Corps of Engineers (USACE) k) United States Environmental Protection Agency (USEPA) l) Texas Department of Licensing and Regulation (TDLR) m) Texas General Land Office (TGLO) n) Other agency project-specific permits 2. Right-of-Way (ROW) Acquisition Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors’ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City’s Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bounds Instrument with supporting exhibits as required and agreed upon, subsequent to the ELR acceptance, for ROW parcels, utility easements and temporary construction easements. 2a. Topographic Survey and Parcel Descriptions ROW/Esmt. Verification. All work must be tied to and conform with the City’s Global Positioning System (GPS) control AMEND. NO. 1 EXHIBIT “A” Page 7 of 10 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. (Not included in the scope of this contract.) 2b. Additional Topographic Surveys for Flow Meters. Topographic survey work required at the Riviera, Laguna Shores, Flour Bluff and Waldron Lift Stations for the design and preparation of construction documents for the installation of flow meters. This work shall be performed to the standards specified in Item 2a above. 3. Subsurface Utility Investigation Engineering a) Provide subsurface utility engineering in accordance with ASCE Standard “ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data” including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: 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 AMEND. NO. 1 EXHIBIT “A” Page 8 of 10 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. 3. 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 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) Preparation of change orders; b) Review of shop drawings. (This does not exclude review of material submittals, if requested.); c) Review/approval of Contractor pay requests; and d) Preparation of a Certificate of Completion at the end of the Project. 4. Preparation of Record Drawings. Review Contractor-provided construction “red-line” drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. AMEND. NO. 1 EXHIBIT “A” Page 9 of 10 8. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit “A-1” Task List, which provides supplemental description to Exhibit “A”. Note: The Exhibit “A-1” Task List does not supersede supplements Exhibit “A”. II. SCHEDULE Date Activity Begin Preliminary Phase Upon receipt of NTP Submit Draft ELR Addendum 2 Months after receipt of NTP City Draft Review & Comments 1 Month Submit Final ELR Addendum 1 Month after receipt of comments from City City Final Review & Comments 1 Month Submit Sealed ELR Addendum 2 Weeks after receipt of comments from City Begin Construction Documents After approval of ELR Deliver 60% Construction Docs 4 Months after approval of ELR City Review and Comments 1 Month Deliver 100% Construction Docs 3 Weeks after receipt of comments from City City Review and Comments 1 Month Deliver Sealed Construction Docs 2 Weeks after receipt of comments from City Bid Project 2 Months Construct Project 12 Months after Project Award (Subst. Compl.) Project Close Out 1 Month after Subst. Completion 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. AMEND. NO. 1 EXHIBIT “A” Page 10 of 10 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: Summary of Fees Amendment No. 1 Original Contract Street Wastewater Storm Water Water Gas Total Basic Services Fees 1. Preliminary Phase (FF) $0.00 $0.00 $ 65,507.12 $0.00 $0.00 $0.00 $ 65,507.12 2. Design Phase (FF) $0.00 $0.00 $ 245,497.86 $0.00 $0.00 $0.00 $ 245,497.86 3. Bid Phase (FF) $0.00 $0.00 $ 13,333.65 $0.00 $0.00 $0.00 $ 13,333.65 Subtotal Basic Services Fees $0.00 $ 324,338.63 $0.00 $0.00 $0.00 $ 324,338.63 Additional Services Fees (Allowance) 1a. Permitting: TxDOT (FF) (Authorized) $0.00 $0.00 $ 4,086.89 $0.00 $0.00 $0.00 $ 4,086.89 1b. Permitting: USACE (FF) (Authorized) $0.00 $0.00 $ 27,016.79 $0.00 $0.00 $0.00 $ 27,016.79 2a. Topographic Survey & ROW /Esmt. Verification (FF) (Authorized) $0.00 $0.00 $ 64,600.00 $0.00 $0.00 $0.00 $ 64,600.00 2b. Add’l Topographic Surveys for Flow Meters (FF) (Authorized) $0.00 $0.00 $ 10,700.00 $0.00 $0.00 $0.00 $ 10,700.00 3. Construction Phase Assistance (T&M) (Authorized) $0.00 $0.00 $ 42,398.16 $0.00 $0.00 $0.00 $ 42,398.16 4. Preparation of Record Drawings (FF) (Authorized) $0.00 $0.00 $ 6,836.84 $0.00 $0.00 $0.00 $ 6,836.84 5. Initial Small Contract (FF) (Authorized) $49,840.00 $0.00 $ 0.00 $0.00 $0.00 $0.00 $ 49,840.00 Sub-Total Additional Services Fees $49,840.00 $0.00 $ 155,638.68 $0.00 $0.00 $0.00 $ 205,478.68 Total Authorized Fee $49,840.00 $0.00 $ 479,977.31 $0.00 $0.00 $0.00 $ 529,817.31 (Notes: ‘FF” designates Line Items to be invoiced on a Fixed Fee basis, and ‘T&M’ designates Line Items to be invoiced on a Time & Materials basis. ‘AUTHORIZED’ constitutes “written authorization to proceed” on an Additional Services Line Item.) AMEND. NO. 1 EXHIBIT “A-1” Page 1 of 4 EXHIBIT “A-1” AMENDMENT NO. 1 CITY OF CORPUS CHRISTI, TEXAS Laguna Shores Road WW Forcemain Replacement Project No. E10054 TASK LIST GENERAL Contract Amendment No. 1 to the Laguna Shores Road WW Forcemain Replacement Project includes Preliminary, Design, and Bid Phase services and associated Additional Services, as described herein, for the installation of a WW forcemain from Graham Road to the Laguna Madre WWTP, a new small Gateway LS, a new WW gravity line to the Gateway LS, and five (5) WW flow meters. The Project Construction Budget is $5.2 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 conditions: Preliminary Phase Services will include: - Field reconnaissance of forcemain route; - Wetland determinations and coordination with USACE; - Field reconnaissance of lift station sites for flow meters; - Sizing of new, single WW forcemain; - Feasibility research for installation of new Gateway Lift Station on City park property; - Sizing of new Gateway Lift Station; - Current evaluation of USACE requirements; - Current evaluation of TxDOT requirements; - Update construction cost estimates; - Preparation of an Addendum to the previous Engineering Letter Report (ELR); and - Coordination and review with City staff. Preliminary sizing of proposed forcemain and lift station pumps and wet well will be based upon average daily and peak wet WW flow rates. Modification of the existing Flour Bluff pump model and assessment of proposed forcemain size and lift station pumps under pumping conditions will be performed by another vendor under contract with the City and is not included in the scope of this Contract. LJA will coordinate with the City as necessary. AMEND. NO. 1 EXHIBIT “A-1” Page 2 of 4 Exhibit “A”, I. A. 1 - Clarification LJA 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, LJA’s point of contact for Project decisions will be the City’s Project Manager. 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 LJA 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, LJA’s point of contact for Project decisions will be the City’s Project Manager. 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 A/E as AMEND. NO. 1 EXHIBIT “A-1” Page 3 of 4 a Time & Materials Additional Service upon request as described in Exhibit ‘A’. Exhibit “A”, I. B. - ADDITIONAL SERVICES (Subject to Authorization) 1a. TxDOT Permitting (Fixed Fee) Coordinate with TxDOT and prepare, submit and coordinate approval of TxDOT utility permit(s). 1b. USACE Permitting (Fixed Fee) Coordinate with USACE and prepare, submit and process required permits. Preparation and processing of an Individual Permit (IP) is not anticipated as necessary and is not included in the scope of services of this Contract. If it is discovered that an IP is required by the USACE, a contract amendment for additional fees will be required. 2a. Topographic Survey & ROW /Esmt. Verification (Fixed Fee) LJA will perform topographic surveys of the proposed new WW improvements, verify adequacy of existing rights-of-way and easements to contain recommended WW improvements, and make recommendations for additional ROW/esmts., if necessary. This work covers the proposed new WW force main, WW gravity line and new Gateway Lift Station. It is assumed that the proposed improvements can be constructed in existing City rights-of-way and easements. If it is determined that additional right- of-way and/or easements are required, a contract amendment for additional fees will be required in order to perform the necessary acquisition services. 2b. Additional Topographic Survey for Flow Meters (Fixed Fee) LJA will perform topographic surveys of the Riviera, Laguna Shores, Flour Bluff, and Waldron Lift Station sites for purposes of preparing Plan and Profiles of the flow meter installations. 3. Construction Phase Assistance (Time and Materials) Services will be provided in accordance with Exhibit ‘A’ of the Contract for Professional Services. 4. Preparation of Record Drawings (Fixed Fee) Services will be provided in accordance with Exhibit ‘A’ of the Contract for Professional Services. AMEND. NO. 1 EXHIBIT “A-1” Page 4 of 4 Additional Contract Exclusions: 1. City Staff has stated that Public Meetings are not required on this Project. As such, engineering services related to Public Meetings are excluded from this Contract. 2. Geotechnical Services are not included in this Contract. The A/E will provide the City with the required scope of geotechnical services for the Project. Geotechnical Services will be provided by another vendor contracted with the City. 3. S.U.E. services are excluded from this contract. Contract for Professional Services Exhibit B EXHIBIT B SAMPLE PAYMENT REQUEST FORM � SUPPLIER NUMBER �i11 TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Chnsti 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, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street FIRM IS: 1. Corporation 19 4. Association CITY: Corpus Christi ZIP: 78401 2 Partnership 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) 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 ineneral 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 l 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: Patrick D. VetetgI .E. Title: Vice President (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 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. Council Presentation February 23, 2016 Laguna Shores Road Force Main Replacement 1 2 Project Location 3 Project Location 4 Project Scope 1. A new force main from Graham Road to Laguna Madre WWTP; 2. Inter-connects between the new force main and the existing force main from Graham Rd to the Laguna Madre WWTP; 3. A new Gateway Lift Station; 4. A new gravity wastewater line beneath SPID; 5. Install flow meters at Riviera LS, Laguna Shore LS, Waldron LS, Flour Bluff LS and new Gateway LS . 5 Project Schedule Project Estimate: 840 Calendar Days = 28 Months Projected Schedule reflects City Council award in February 2016 with anticipated construction completion by June 2018. 2016 2017 2018 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Design Bid & Award Construction DATE:January 29, 2016 TO:Ronald L. Olson, City Manager FROM:Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 STAFF PRESENTER(S): Name Title/Position Department 1. Julio Dimas Assistant Director Development Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND : Provide an overview of proposed higher standards to Chapter 14, Article V, of the Code of Ordinances. LIST OF SUPPORTING DOCUMENTS: Presentation- Flood Hazard Prevention Flood Hazard Prevention AGENDA MEMORANDUM for the City Council Meeting of February 23, 2016 City Council Presentation February 23, 2016 Flood Hazard Prevention 1 2 •Save lives and reduce flood damage to insurable property •Offer low cost flood insurance •Encourage a comprehensive approach to floodplain management •Higher standards •Freeboard •LiMWA •V-Zone Design and Construction Certificate •Non-Conversion Agreement •Cumulative Substantial Damage/Improvement Purpose of Updating Codes 3 •The City of Corpus Christi is proposing 1 foot of freeboard •What does this mean for new construction? •Example: If maps indicate a base flood elevation of 10 ft., the construction requirement will be 11 ft. •Fill can be used to raise the site in a “Zone A” •Fill would not be allowed in a “Zone V” Freeboard 4 Insurance Savings 1NFIP Premiums based on October 2013 rates for single floor residential structure with no basement or enclosure. $2,000 deductible/$250,000 building coverage and $100,000 contents coverage. 2 Zone A: This Flood Insurance Rate Map designation refers to areas that are subject to flooding, but with less wave energy than Zone V. 3 Zone V: This Flood Insurance Rate Map designation refers to coastal areas that are subject to the highest level of wave energy and flooding Approximate Insurance Premiums1 Zone A2 Elevation Annual Premium 30-Year Annual Savings 30-Year Savings 0 $ 1364 $ 40,920 $ 0 $ 0 + 1’$ 702 $ 21,060 $ 662 (51%)$ 19,860 Zone V3 Elevation Annual Premium 30-Year Annual Savings 30-Year Savings 0 $ 6681 $ 200,430 $ 0 $ 0 + 1’$ 4230 $ 126,900 $ 2451 (63%)$ 73,530 5 •In 2014 Texas Floodplain Management Association conducted a survey for higher standards that included freeboard •297 Texas communities participated in this survey •81% of the communities surveyed have adopted freeboard •113 communities have adopted 1’ of freeboard •18 communities have adopted 1.5’ of freeboard •93 communities have adopted 2’ of freeboard •16 communities have adopted 3’ of freeboard •1 community has adopted 4’ of freeboard •56 communities have not currently adopted freeboard •68 of the 297 communities participate in the Community Rating System Communities With Adopted Freeboard 6 •What is the LiMWA? •The LiMWA is the location where the 1 percent annual floodplain could potentially have a wave height of 1.5 to 3 feet. •The 1.5 foot breaking wave can potentially cause foundation failure. •This area between Zone VE and the LiMWA is called a Coastal A Zone. •The Coastal A Zone will require the same construction as the VE Zone. •Insurance is rated as a Zone A Limit of Moderate Wave Action (LiMWA) 7 Coastal Zones/LiMWA 8 •What does this mean for new construction? •All new and substantially improved construction that falls in this zone will have to meet Zone VE construction standards. •The structure must be elevated using pilings, piers or columns. •The use of fill will be prohibited. •Enclosures that fall below the Freeboard requirement of base flood elevation + 1 foot will have to be constructed of breakaway walls. •Flood vents will not be allowed to meet the enclosure requirements. LiMWA 9 •This is a Community Rating System requirement as of the first verification visit under the 2013 Community Rating System Manual. We anticipate this visit in late 2016. •The V-Zone Design and Construction Certificate should be used along with an elevation certificate and engineered structural plans for the foundation and breakaway walls. •The construction certificate provides the following: •Elevation information not found on an elevation certificate. •V Zone Design Certification Statement •Breakaway Wall Design Certification Statement. •This certificate will be required at permitting. V-Zone Design and Construction Certificate 10 •What is a Non-Conversion Agreement? •This agreement is used when the community determines that there are areas below the first floor that could be converted to a non-conforming use •Usually areas below base flood elevation that are greater than 5 ft. in height •What does this mean for new construction? •Agreement signed by the owner when applying for a Certificate of Occupancy once the structure has had final inspections •The agreement states that the owner will not convert or alter what has been constructed and approved •The agreement must be filed with the recorded deed for the property Non-Conversion Agreement 11 •What does this mean? •Substantial repairs and improvements will be counted for the preceding 10 years. •Example: •A $200,000 home will have a $50,000 remodel. This is a 25% remodel, the remodel is approved with no requirements. •7 years later, the home is now valued at $210,000 and will have a $60,000 remodel. •$210,000 x 50% = $105,000 •Cumulative improvements = $50,000 + $60,000 = $110,000 = 52% •The home would have to be brought up to FEMA compliance •This requirement applies only to existing, non-complaint structures Cumulative Substantial Improvement/Damage 12 Above all else - protect life and property Why adopt higher standards? Total Flood Insurance Policies Total Insurance Premiums Potential Savings* (20%) 7,983 $ 5,687,377 $ 1,137,475 * Based on a potential upgrade of Community Rating System from a 7 to a 6 rated community. Increase from 15% savings to 20% savings on policies in Special Flood Hazard Areas. A side benefit: Flood Insurance Savings 13 Questions ? DATE:February 23, 2016 TO:Ronald L. Olson, City Manager FROM:Mark Van Vleck, P.E., Assistant City Manager of Public Works & Utilities MarkVV@cctexas.com (361) 826-3235 STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Assistant City Manager Public Works & Utilities 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Bob Paulison Executive Director Port Industries of Corpus Christi 2. 3. BACKGROUND: This presentation will provide City Council an overview and status update on the City’s current desalination pilot project and the industrial desalination project. LIST OF SUPPORTING DOCUMENTS: PowerPoint – City Council Presentation Desalination Update Update on Desalination Projects AGENDA MEMORANDUM City Council Meeting of February 23, 2016 City Council Presentation February 23, 2016 Update On Desalination Projects 1 Port Industries of Corpus Christi Industrial Desal Update 23 February 2016 Corpus Christi City Council Desal Feasibility Study Recap •Letter of Intent signed November 2014 •Funded by 15 regional stakeholders •City issued RFQ for services •4 firms interviewed •Freese and Nichols selected •Cost – $350,000 (est.) •Notice to Proceed issued 4 May 2015 •Current Status - 95 to 98% Complete (Phase I) Industrial Desal Study Partners •Corpus Christi Regional EDC •City of Corpus Christi •San Patricio MWD •Port of Corpus Christi •Chemours •Cheniere Energy •CITGO Refining & Chemicals •Flint Hills Resources •Lyondell-Basell •OxyChem •Sherwin Alumina •Valero •voestalpine Texas •AEP Texas •Talen Energy Goals and Objectives Answer key questions so that Industry can make an informed decision on a “Drought Proof” Source of Water: •Where is best location to build a desal plant? •How large should it be? •How much will it cost? •Who will use it? •Who will pay for it? •Who will build it? •Who will own and operate it? Additional Questions/Issues •What quality water should be produced? ▫Industrial or Potable? •How will the water be transported? ▫Existing or new pipeline system •Publicly Owned or Privately Owned Plant? •Design, Build, Operate, and Maintain? •Discharge locations? Technical Processes? Permitting? •Can Water be Wheeled from one area to another? •Financing Options? •Impact on City water rates? Study Determined •Two feasible sites (Inner Harbor and LaQuinta) •Size 10 to 20 MGD…expandable •Estimated Cost for a 20 MGD plant is $200 million •Industrial Water Quality Cost is 6% to 7% less to produce and is more efficient for industrial operations than potable water •But requires separate transmission system ▫$50 to $100 million cost Study Determined •Public Ownership offers significant cost savings ▫Lower financing costs ▫Property tax considerations ▫Possible state infrastructure loans or grants •Public Entity can contract with private company ▫Design, Build, Operate, Maintain, and Transfer •Concepts for Water Wheeling should be considered to broaden participation •Impact on City Rates needs to be discussed and resolved Next Steps •Freese and Nichols finalizes study •Industry and City solve rate impact issue ▫Magnitude ▫Timing (future demand may lessen impact) •Negotiate terms of Non-Curtailable Water •Negotiate Water Wheeling concept •Decide who bears cost of any speculative capacity •Identify Project Sponsor(s) •Refine costs based on final plan •Industry then decides on participation Industrial Desal Study Milestones •Letter of Intent (Nov 2014) •Consultant Selection (Jan 2015) •Scope of Work Refinement (Mar 2015) •Data Collection and Background Investigation (Jun 2015) •Project Assumptions Memorandum (Aug 2015) •Project Profiles (Dec 2015) •Project Definition Package (mid-Mar 2016) •Participant “Go – NoGo” Decision Period (starts Mar 2016) Expected Timeframe •Six to twelve months to finalize negotiations and decide to proceed, or not, with project •Three to four years for project design, permitting, and construction •2020 target date is achievable Comparison of Projects Desal Demonstration - City Industrial Desal – Industrial Stakeholders Technology & Literature Review Siting Criteria Technical (Variable Salinity): Treatment Costs: Treatment Drinking water Technology & Literature Review Siting Criteria Technical (Seawater): Treatment; Transmission Costs: Treatment; Transmission; Rate impacts on Other Customers Drinking Water TCEQ Permits for Drinking Water TCEQ Pilot Demonstration City’s Desalination Project •Grant awarded by Bureau of Reclamation - $400,000 To Help Fund: Test technology to specific location Pretreatment options –Dissolved Air Flotation evaluation –Side-by-side MF/UF membrane pretreatment evaluation Mixing seawater with other water sources to reduce cost of production (BGW, Effluent, etc.) Help to refine estimated cost to construct and operate plant Pilot required to obtain TCEQ permit for drinking water production Pilot desirable to optimize treatment process and more accurately estimate desalination costs – capital and O&M City positioned to move forward with full-scale Plant for Drinking Water 13 Desal Demonstration Timeline 14 20132013 20142014 20152015 20162016 20172017 Conceptual Design and Grant Awarded Project Approved Sept. – Site Selected March – Phase 2 complete Fall – Phase 3 Procurement and Implementation Begin Pilot ends; analysis of results and plan to move forward •Phase 1: Conceptual plan and grant application •Phase 2: Technology research and site selection •Phase 3: Pilot design, protocol development, procurement, and implementation City’s Desalination Demonstration Project Moving Forward: Fund completion of Program Project in Current CIP City Council action scheduled for March Project Qualifies for Funding through Texas Water Development Board (TWDB) State Water Implementation Fund for Texas (SWIFT) Application for Subsidized and Deferred Loans could be submitted in the next application cycle Project Qualifies for TWDB Prioritization: Regional Water Plan Local/Federal Funding already in place Readiness to Proceed 15