The URL can be used to link to this page

Home My WebLink AboutAgenda Packet City Council - 11/01/2016 Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday, November 1,2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingl6s-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor David Kelly, Trinity Worship. C. Pledge of Allegiance to the Flag of the United States to be led by Pat Persohn - Administrative Manager, Police Department. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-1283 Proclamation declaring November 4, 2016, "Texas Arbor Day". Proclamation declaring November 7, 2016, "CRPS/RSD Awareness Day: Color the World Orange". 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. Corpus Christi Page 1 Printed on 10/31/2016 City Council Meeting Agenda-Final November 1,2016 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. MINUTES: 2. 16-1284 Regular Meeting of October 25, 2016. Attachments: Minutes-October 25, 2016 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. CONSENT AGENDA: (ITEMS 3 - 7) 3. 16-1252 Reimbursement Resolution for Utility System Revenue Bonds (Requires 2/3 vote) Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $115,000,000 for the prior lawful expenditure of funds from the proceeds of one or more series of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Combined Utility System; authorizing matters incident and related thereto; and providing an Corpus Christi Page 2 Printed on 10/31/2016 City Council Meeting Agenda-Final November 1,2016 effective date. Attachments: Agenda Memo- Reimbursement Resolution for Utilities 10-12-2016.doc Resolution -Utility Rev Bonds Reimbursement 10-12-2016.pdf 4. 16-1207 Contract for Professional Services for Wesley Seale Dam Instrumentation Testing and Replacement Project(Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$447,020 for the Wesley Seale Dam Instrumentation Testing and Replacement project. Attachments: Agenda Memo-Wesley Seale Dam Project Budget-Wesley Seale Dam.xls Location Map-Wesley Seale Dam Contract-Wesley Seal Dam Form 1295-Wesley Seale Dam Presentation -Wesley Seale Dam 5. 16-1230 Engineering Construction Contract for Lift Station Repairs Citywide 2016 (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners, LTD of Boerne, Texas in the amount of$1,359,000 for the Lift Station Repairs Citywide 2016 for the Total Base Bid. Attachments: Agenda Memo- LS Repairs.docx Project Budget- LS Repairs.xls Location Map LS Repairs.pdf Presentation LS Repairs.pptx Form 1295-LS Repairs.pdf 6. 16-1178 Second Reading Ordinance - Rezoning property located at 1013 E. Lakeside Drive (1st Reading 10/25/16) (Requires 2/3 vote) Case No. 0916-02 Dawn Melancon: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. The property to be rezoned is described as being a 0.344-acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Padre Island Drive (Hwy 358) and East Lakeside Drive. Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS-6" Single-Family 6 Corpus Christi Page 3 Printed on 10/31/2016 City Council Meeting Agenda-Final November 1,2016 District to "CG-1" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application of Dawn Melancon ("Owner"), by changing the UDC Zoning Map in reference to 0.344-acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0916-02 Dawn Melancon Ordinance-0916-02 Dawn Melancon Aerial Maps-0916-02 Dawn Melancon Zoning Report-0916-02 Dawn Melancon 7. 16-1179 Second Reading Ordinance - Rezoning property located at 7401 Holly Road (1st Reading 10/25/16) (Requires 2/3 vote) Case No. 0916-03 Palm Land Investments, Inc.: A change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-TH" Townhouse District. The property to be rezoned is described as an 8.63-acre tract of land out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Holly Road, approximately 1,307 feet east of Rodd Field Road. Planninq Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 to the "RS-TH" Townhouse District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning Map in reference to an 8.63 acre of Flour Bluff and Encinal Farm and Garden Tracts Section 27, Lot 3, from the "RS-4.5" Single-Family 4.5 District to "RS-TH" Townhouse District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0916-03 Palm Land Investments, Inc Ordinance-0916-03 Palm Land Investments, Inc Aerial Maps-0916-03 Palm Land Investments, Inc Zoning Report-0916-03 Palm Land Investments, Inc L. EXECUTIVE SESSION: (ITEMS 8 - 10) 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 Corpus Christi Page 4 Printed on 10/31/2016 City Council Meeting Agenda-Final November 1,2016 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. 8. 16-1275 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 potential economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and wastewater services and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). 9. 16-1288 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 Article 11 of the Charter of the City of Corpus Christi, including, but not limited to, City Council terms, City Council term limits, membership on City Council, elections, eligibility for election for Council Member, City Council rules, meeting attendance, potential removal of City Council Member Mark Scott and documentation and procedures related thereto, vacancies and procedures and documentation related thereto, potential employment of independent counsel regarding the aforementioned matters and future potential litigation related thereto, effects of past elections and ballots, prior and other opinions of attorneys regarding the aforementioned matters, and potential causes of action and/or future litigation related to the aforementioned matters, City Council duties and matters related to compensation, future City Charter elections and matters related to terms and term limits, administrative actions, City Council actions, and other matters related to any of the aforementioned issues and possible direction to employ attorneys and prepare documents regarding potential removal proceedings pursuant to Article 11, Section 11 of the Charter of the City of Corpus Christi. 10. 16-1299 Executive Session pursuant to Texas Government Code § 551.074 to discuss the discipline or dismissal of a public officer or employee or hear a complaint or charge against an officer, including but not limited to, matters related to the potential removal of City Council Member Mark Scott pursuant to Article 11, Section 11 of the Charter of the City of Corpus Christi. Corpus Christi Page 5 Printed on 10/31/2016 City Council Meeting Agenda-Final November 1,2016 M. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. 16-1256 Public Hearing and First Reading Ordinance - Rezoning property located at 3838 Acushnet Drive (Requires 3/4 vote) Case No. 1016-02 Jose and Hector Sanchez: A change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as Lot 13, Block 7, Saratoga Weber Plaza, located on the north side of Acushnet Drive between Weber Road and Jefferson Street. Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Jose and Hector Sanchez ("Owners"), by changing the UDC Zoning Map in reference to Saratoga Weber Plaza, Block 7, Lot 13 from the "CG-2" General Commercial District to the "IL" Light Industrial District; amending the Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- 1016-02 Jose and Hector Sanchez Ordinance -Jose and Hector Sanchez Location Maps- 1016-02 Jose and Hector Sanchez Zoning Report - 1016-02 Jose and Hector Sanchez 12. 16-1257 Public Hearing and First Reading Ordinance - Rezoning property located at 701 East Port Avenue (Requires 2/3 vote) Case No. 1016-03 Durrill Farms, LLC: A change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. The property to be rezoned is described as a 2.6-acre tract of land out of Port Addition, Block 2, Lot 1, located between Port Avenue and Brewster Street and between Tancahua Street and Broadway Street. Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Durrill Farms, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.6-acre tract of land out of Port Addition, Block 2, Lot 1, from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District; amending the Plan CC to account for any Corpus Christi Page 6 Printed on 10/31/2016 City Council Meeting Agenda-Final November 1,2016 deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- 1016-03 Durrill Farms, LLC Ordinance - 1016-03 Durrill Farms, LLC Location Maps- 1016-03- Durrill Farms, LLC Zoning Report-Durrill Farms, LLC N. REGULAR AGENDA: (ITEMS 13 - 14) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 13. 16-1274 Resolution recognizing the Importance of Municipal Courts (Requires 2/3 vote) Resolution recognizing the importance of Municipal Courts, the Rule of Law, and the Fair and Impartial Administration of Justice. Attachments: Agenda Memo Resolution 110116 Resolution -Recognizing importance of MC-2016 14. 16-1253 Certification of 2016 Tax Levy (Requires 2/3 vote) Motion approving the 2016 Property Tax Levy of$114,816,809.63 based on the adopted property tax rate of$0.606264 per$100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. Attachments: Agenda Memo for Certification of 2016 Tax Levy Certification of Tax Levy for the 2016 Tax Year O. FIRST READING ORDINANCES: (ITEMS 15 - 16) 15. 16-1266 First Reading Ordinance -Accepting and appropriating grant funds for the Violence Against Women Act (VAWA) Program within the Police Department (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$46,226.82 for the Violence Against Women (VAWA) Program within the Police Department with a cash match of$20,000.52 and an in-kind match of$6,900.00 for a total project cost of$73,127.34; appropriating the $46,226.82 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of$20,000.52 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of$73,127.34. Corpus Christi Page 7 Printed on 10/31/2016 City Council Meeting Agenda-Final November 1,2016 Attachments: Agenda memo VAWA appropriation 11.01.2016 Ordinance -VAWA grant 2016-Police Award letter 1617 16. 16-1268 First Reading Ordinance -Approving the 2017 Annual Audit Plan (Requires 2/3 vote) Ordinance to Approve the 2017 Annual Audit Plan. Attachments: Agenda Memo-Annual Audit Plan 2017 Ordinance to Approve 2017 Annual Audit Plan Exhibit A-2017 Annual Audit Plan P. FUTURE AGENDA ITEMS: (ITEMS 17 - 18) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 17. 16-1227 Approving a supply agreement for the purchase of fire hydrants for new and replacement installations (Requires 2/3 vote) Motion approving a supply agreement with HD Supply Waterworks, Ltd., a Florida limited partnership, with a branch in Corpus Christi, Texas as HD Supply Waterworks, for fire hydrants in accordance with Request for Bid No.126 based on the lowest, responsive responsible bid for an estimated annual expenditure of$178,690.00, of which $148,908.34 will be funded in FY2016-2017. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the approval of the supplier and the City Manager or designee. Attachments: Agenda Memo- Fire Hydrants Bid Tabulation - Fire Hydrants Supply Agreement- Fire Hydrants Form 1295 18. 16-1277 Developer's Agreement for Downtown Streets - Chaparral project (Bond 2008, Proposition 1) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a developer's agreement with Cosmopolitan Corpus, LLC. of Corpus Christi, Texas in the amount of$142,235.89 for work associated with the Downtown Streets - Chaparral project. (BOND 2008 Proposition 1). Attachments: Agenda Memo-Cosmopolitan Agreement-Cosmopolitan Form 1295-Cosmopolitan Corpus LLC Presentation -Cosmopolitan Corpus Christi Page 8 Printed on 10/31/2016 City Council Meeting Agenda-Final November 1,2016 Q. BRIEFINGS: (NONE) 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. R. ADJOURNMENT Corpus Christi Page 9 Printed on 10/31/2016 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday, October 25,2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Pastor Betty Vestal, Church of Acts. Pastor Betty Vestal gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Mark Van Vleck, Assistant City Manager. Assistant City Manager Mark Van Vleck led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. Assistant City Secretary Paul Pierce 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: Assistant City Manager Mark Van Vleck, City Attorney Miles K. Risley, and Assistant City Secretary Paul Pierce. Present: 8- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas, and Council Member Carolyn Vaughn Absent: 1 - Council Member Mark Scott E. Proclamations /Commendations 1. Proclamation declaring October 25, 2016, "Corpus Christi Crime Stoppers 35th Anniversary". Proclamation declaring October 23-29, 2016, "Corpus Christi Live Week". Proclamation declaring November 5, 2016, "Face-to-Face Walk for Memory". Corpus Christi Page 1 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 Proclamation declaring November 5, 2016, "National Weather Service Day". Mayor Martinez presented the proclamations. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. Assistant City Manager Mark Van Vleck reported on the following topics: a. OTHER 1) The Development Services Department will be at limited operations beginning Thursday, October 27,2016 through Monday, October 31,2016. Online permitting will be down beginning Friday, October 28, 2016. During the limited operations,emergency permits can still be obtained via phone number 361-826-3240. The limited operations are due to the replacement of software, transfer of data to the new software, and training of staff. New enhancements will include: online submittals;tracking and commenting; and upgraded payment processing 2)The Santa Fe Street Grand Opening, previously postponed due to weather, is rescheduled for 9:00 a.m. on Thursday, November 3,2016 in the Gaslight Square Parking Lot located at the corner of Santa Fe and Buford Streets. H. MINUTES: 2. Regular Meeting of October 18, 2016. Mayor Martinez deviated from the agenda and referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member McIntyre and passed unanimously. I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 10) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. A citizen requested that Item 3 be pulled for individual consideration. Council Member McIntyre made a motion to approve the consent agenda, seconded by Council Member Rubio. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Corpus Christi Page 2 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 Absent: 1 - Council Member Scott Abstained: 0 4. Infor Software Subscription Agreement for the City's Enterprise Software Solution (Requires 2/3 vote) Motion authorizing the City Manager or designee to approve the execution of a Software Subscription agreement with Infor, Inc. for five years for a total expenditure of$3,775,000 with annual payments of $755,000. Funds are available in the Information Technology Department FY2016-2017 budget. This Motion was passed on the Consent Agenda. Enactment No: M2016-140 5. Engineering Design Contract for Padre Island Water and Gas Pipeline Extension Phase 3 (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute an engineering design contract with Urban Engineering of Corpus Christi, Texas in the amount of$197,833 for the Padre Island Water and Gas Pipeline Extension Phase 3 for design, bid and construction phase services. This Motion was passed on the Consent Agenda. Enactment No: M2016-141 6. Construction Contract for Commodores Drive at Park Road 22 Left Turn Lane Improvements (Bond 2014, Proposition 2) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of$245,069 for the total base bid for Commodores Drive at Park Road 22 Left Turn Improvements project. (Bond 2014 Proposition 2 - Traffic Signals and Lighting Improvements City-Wide). This Motion was passed on the Consent Agenda. Enactment No: M2016-142 7. Engineering Services Amendment No. 1 for Chaparral Street Phase 2 Downtown Development Master Plan (Bond 2014, Proposition 2) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with HDR Corpus Christi Page 3 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 Engineering, Inc. of Corpus Christi, Texas in the amount not to exceed $657,649 for a restated fee not to exceed $707,544 for the Chaparral Street Phase 2 Downtown Development Master Plan project. (BOND 2014 Proposition 2). This Motion was passed on the Consent Agenda. Enactment No: M2016-143 8. Service Agreement for Pressure Washing of Trucks for the Solid Waste Department (Requires 2/3 vote) Motion authorizing City Manager, or designee, to execute a service agreement with HERO Pressure Washing, LLC of Corpus Christi, Texas, for pressure washing of trucks services, in accordance with Bid Event No. 130, based on lowest, responsive and responsible bid. The annual agreement will be for$46,010.00, of which $42,175.83 will be funded in FY2016-2017. The term of the agreement is for one year with option to extend for up to four additional one year periods, subject to the approval of the Contractor and the City Manager, or designee. This Motion was passed on the Consent Agenda. Enactment No: M2016-144 9. Second Reading Ordinance -Amending the Urban Transportation Plan map by removing the proposed extension of Mustang Trail between McArdle Drive and South Padre Island Drive (SPID) (1st Reading 10/18/16) (Requires 2/3 vote) Ordinance amending the Corpus Christi Urban Transportation Plan map, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by eliminating the proposed extension of Mustang Trail Drive between McArdle Drive and SPID (SH 358); amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030995 10. Second Reading Ordinance - Lease Agreement for 2017 Fiesta de la Flor event (1 st Reading 10/18/16) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2017 Fiesta de la Flor event and related activities to be held on March 24, 2017 and March 25, 2017, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Corpus Christi Page 4 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 Shoreline Blvd. between Resaca Street and Power Street. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030996 3. Purchase of playground equipment and installation at Manuel Q. Salinas Park (Requires 2/3 vote) Motion approving the purchase of playground equipment and installation for a play for all playground being developed at Manuel Q. Salinas Park from Exerplay, Inc., of Cedar Crest, New Mexico for a total amount not to exceed $299,537.81. The award is based on the evaluation of multiple proposals reviewed for phase 1 of this project. Funding for this playground is from the Community Development Block Grant B-15-MC-48-0502 for program year 2015-2016. Mayor Martinez referred to Item 3, the purchase and installation of playground equipment Manuel Q. Salinas Park. Crystal Levine, 918 Francesca; Richard Balli, Chairperson for the Committee for Persons with Disabilities; and Margareta Fratila, 3606 Tripoli,spoke in support of the playground that will be beneficial to all children, including those with disabilities. In response to a council member, Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the material on the ground will be a poured-in-place fall zone. Council Member McIntyre made a motion to approve the motion,seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2016-139 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. Mayor Martinez deviated from the agenda and referred to comments from the public. Abel Alonzo, 1701 Thames,expressed thanks regarding the following topics: the positive comments made regarding Agenda Item 3,the purchase Corpus Christi Page 5 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 and installation of playground equipment for children with disabilities at Manuel Q. Salinas Park; Police Chief Mike Markle and the police officers for a recent drug bust; and Council Member Rudy Garza for recusing himself from the discussion on the regional youth sport complex. Bob White,4502 Congressional, spoke regarding the intent of the 2008 Charter Revision Ad Hoc Committee who decided on term limits for council members. Mr.White said the intent was to bring diversity to the City Council by ensuring no one could serve again and again thereby excluding others from serving. Mr.White asked the City Council to instruct the City Attorney to amend the rule and state that if the Mayor or any member of the City Council serves part of a term, regardless of the time period, and then resigns, that person shall be deemed to have served a full and complete term. Shery Sells, 5041 Wingfoot Lane,thanked the City Council for approving Agenda Item 3,the ADA park for children and the Corpus Christi Police Department for the improvements made to the response time on ADA issues. Ms. Sells spoke regarding the Development Services Department and the permit for a property located at 6410 Weber. Kelly Sells, 5041 Wingfoot Lane,spoke regarding the permit for the property located at 6410 Weber;the construction and permitting of a property located at 4022 Weber and the Development Services Department's procedures for permitting to ensure that ADA compliance is being met. Gloria Scott, 4422 Alameda,thanked the City Council for taking action at last week's Council meeting on the rezoning for the Christus Spohn System. Rick Milby,4412 High Ridge Drive,spoke regarding the issue of a council member resigning with a month and a half left in the term and encouraged the City Council to have Mr.White as a witness during the executive session item on the Charter Commission's intent for term limits. Margareta Fratila, 3606 Tripoli,spoke regarding the red light camera system and provided a copy of a judgment for the City of Richardson to remove the red light cameras. Bob Algeo, 15629 Three Fathoms Bank Drive,spoke regarding the removal of sticker burrs at Billish Park and the status of the 2014 Bond Project improvements to Beach Access Road 3A. M. PUBLIC HEARINGS: (ITEMS 12 - 13) 12. Public Hearing and First Reading Ordinance - Rezoning property located at 1013 E. Lakeside Drive (Requires 213 vote) Case No. 0916-02 Dawn Melancon: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. The property to be rezoned is described as being a 0.344-acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Padre Island Drive (Hwy 358) and East Lakeside Drive. Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS-6" Single-Family 6 District to "CG-1" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application of Dawn Melancon ("Owner"), by changing the UDC Zoning Corpus Christi Page 6 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 Map in reference to 0.344-acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 12. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow commercial development. Mr. McGinn stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 13. Public Hearing and First Reading Ordinance - Rezoning property located at 7401 Holly Road (Requires 2/3 vote) Case No. 0916-03 Palm Land Investments, Inc.: A change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-TH" Townhouse District. The property to be rezoned is described as an 8.63-acre tract of land out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Holly Road, approximately 1,307 feet east of Rodd Field Road. Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 to the "RS-TH" Townhouse District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning Map in reference to an 8.63 acre of Flour Bluff and Encinal Farm and Garden Tracts Section 27, Lot 3, from the "RS-4.5" Single-Family 4.5 District to "RS-TH" Townhouse District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 13. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow construction of residential townhouses. Mr. McGinn stated Corpus Christi Page 7 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 N. REGULAR AGENDA: (ITEM 14) 14. Service Agreement for Uniformed Security Guard Services (Requires 2/3 vote) Motion approving a service agreement for uniformed security guard services with BasE Security and Fire Consultants, LLC, of Rosenberg, Texas, in accordance with request for proposal No. 152, based on best value, for a total estimated expenditure of$586,828.75, of which $537,926.35 will be funded in FY2016-2017. The term of the agreement shall be for one year with options to extend for up to two additional one year periods, subject to the approval of the contractor and the City Manager or designee. Mayor Martinez referred to Item 14.Assistant Director of Financial Services Kim Baker stated that the purpose of this item is to approve a service agreement for uniformed security guard services with BasE Security and Fire Consultants, LLC in the amount of$586,828.75. The term of the agreement is for one-year with the option to extent for up to two additional one-year periods. Ms. Baker stated that agenda material includes: a definition of the Frost Bank Facility,which includes Development Services and the Fire Department; information on the funds spent on security over the past year; and the evaluation matrix. There were no comments from the public. Council members spoke regarding the following topics:the inclusion of the O. N. Stevens Water Treatment Plant; questions regarding the inclusion of the Corpus Christi -Nueces County Public Health District(Public Health District); that security for the Public Health District was approved as a decision package in the FY17 Operating Budget;the status of the consolidation of the Public Health District; and providing City Council with a copy of the agreement between the City and Nueces County which details each entity's responsibilities for the Public Health District. Council Member McIntyre made a motion to approve the motion,seconded by Council Member Garza. This Motion was passed and approved with the following vote: Corpus Christi Page 8 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2016-145 O. FIRST READING ORDINANCES: (NONE) P. FUTURE AGENDA ITEMS: (ITEMS 15 - 18) Mayor Martinez referred to Future Agenda Items.Assistant City Manager Mark Van Vleck stated that staff had planned presentations on Items 15 and 16. 15. Certification of 2016 Tax Levy (Requires 2/3 vote) Motion approving the 2016 Property Tax Levy of$114,816,809.63 based on the adopted property tax rate of$0.606264 per$100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. This Motion was recommended to the regular agenda. 16. Reimbursement Resolution for Utility System Revenue Bonds (Requires 2/3 vote) Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $115,000,000 for the prior lawful expenditure of funds from the proceeds of one or more series of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Combined Utility System; authorizing matters incident and related thereto; and providing an effective date. This Resolution was recommended to the consent agenda. 17. Contract for Professional Services for Wesley Seale Dam Instrumentation Testing and Replacement Project (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$447,020 for the Wesley Seale Dam Instrumentation Testing and Replacement project. This Motion was recommended to the consent agenda. 18. Engineering Construction Contract for Lift Station Repairs Corpus Christi Page 9 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 Citywide 2016 (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners, LTD of Boerne, Texas in the amount of$1,359,000 for the Lift Station Repairs Citywide 2016 for the Total Base Bid. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 19) 19. City Council Terms, Term Limits, and related City Charter issues Mayor Martinez referred to Item 19, a briefing on the City Council terms,term limits and related City Charter issues. MOTION OF DIRECTION Mayor Martinez made a motion directing City Attorney Risley, with the concurrence of the City Council,to discuss the City Council terms,term limits and related City Charter issues in open session and provide a briefing on the two opinions received from outside legal counsel, Charles Zech with Denton, Navarro, Rocha, Bernal, Hyde &Zech; and upon completion of the briefing, the two opinions be released to the public and the media for transparency and the benefit of their knowledge,seconded by Council Member Vaughn and passed unanimously. City Attorney Risley summarized the two legal opinions as follows: 1) a city council member holds over in his office of council member until his successor is qualified and takes office;2)a council member who has resigned may not avoid the application of the term limits provision of the City Charter by resigning, unless the City Council appoints a successor prior to the end of the term of the council member who has resigned. City Attorney Risley provided an assumption that was clarified at the request of City Council and is particular to Council Member Scott as follows: due to the City's change of election dates in 2010, Council Member Scott's second term of office,which began in May of 2011 and ended in November of 2012, was a shortened term of one and one-half years and does not count toward the City Charter's term limits which prohibit serving consecutive two-year terms. City Attorney Risley stated that should the Council wish to talk to Mr.Zech, he is available to address follow-up questions in executive session. In response to Mayor Martinez, City Attorney Risley stated that in Mr. Zech's opinion, Council Member Mark Scott continues to be a city council person, as a holdover, until someone is appointed or he is replaced otherwise. With the concurrence of the City Council, Bob White, Chairman of the 2008 Charter Review Ad Hoc Committee (Committee), stated that the intent of the committee was to ensure that there was constantly new blood being added to the Council. Mr. White stated that that was what the public wanted. Mr. White added that the discussion on the change of the election from May to November was not discussed by the Committee. Council members discussed the following topics:the legal opinion that Corpus Christi Page 10 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 Council Member Scott's second term of office does not count toward his term limit due to the change in the election from May to November;the City Charter specifying the that term limits apply to consecutive two-year terms;whether the votes made by Council Member Scott count if the shortened term limit does not count; City Attorney Risley not providing a legal opinion to address the questions on this matter because of the potential political divide this type of opinion could bring and seeking outside independent counsel in this matter; City Charter,Article II, Section 11. Removal (a)(6)stating "a council member shall be subject to the removal by the council or by any other means authorized by law for absence from three consecutive regular council meetings without leave of absence first had,except due to circumstances over which the council member had no control"and (e)stating "a member who is removed from office, whether pursuant to this section, by recall or other legal proceedings, or who resigns after any such proceedings have been initiated, shall not be eligible to be appointed to or run as a candidate for city office for two years from the date of removal, recall or resignation"; research from City Attorney Risley as to whether City Charter, Article II, Section 11(6)(e)would prohibit Council Member Scott, if he were removed from office,from being eligible to run in two years from the date of removal; the intent of the 2008 Charter Review Ad Hoc Committee regarding term limits; the intent of the voters who supported the term limits; changing the language in the City Charter to specify that term limits are served regardless of the length of time in office; whether there were any discussions or recommendations during the most recent Charter Commission regarding term limits; clarification on what is considered a full two-year term; precedence that Council Members John Marez and Priscilla Leal termed out with the shortened term of one and one-half years; the current council members cannot serve a complete two-year term because they were sworn in on January 13,2015; City Charter,Article II, Section 11. Removal (b) regarding the removal action by council; the distinction between term of and tenure in office; the change in the election date causing the problem on term limits;the intent of Council Member Scott to resign from office to run for the position of Mayor based on existing term limits language; evaluation of the entire section on term limits; removal of a council member to specifically disqualify him from running for office; whether the law is limited to verbiage with intent;whether intent is allowed in the rule of law; the cost associated with outside legal counsel; how the Charter Committee could clarify or verbally state their intent if they could not have foreseen that the City Council would decide to move the election from May to November; and the need to make a determination on this item and take the best action moving forward so there is not a scenario in two years that could challenge Council Member Scott's ability to serve. Council Member Rubio commented for the record that she was offended by statements made by Council Member McIntyre. Council Member Rubio stated that council members are entitled to ask questions and have their opinions and when comments or opinions are made, other council members tend to say pretty offensive things. Council Member McIntyre clarified that she has no problem with questions from council members, however,she does question invoking impeachment proceedings specifically for the purpose of making Council Member Scott ineligble to run for mayor. L. EXECUTIVE SESSION: (ITEM 11) Mayor Martinez deviated from the agenda and referred to the day's executive session. The Council went into executive session at 1:51 p.m. The Council Corpus Christi Page 11 Printed on 10/27/2016 City Council Meeting Minutes October 25, 2016 returned from executive session at 3:57 p.m. 11. 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 Article II of the Charter of the City of Corpus Christi. This E-Session Item was discussed in executive session. R. ADJOURNMENT The meeting was adjourned at 3:58 p.m. Corpus Christi Page 12 Printed on 10/27/2016 se O H U NCORPORPS EO 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 25, 2016 Action Item for the City Council Meeting of November 1, 2016 DATE: October 12, 2016 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Reimbursement Resolution for Utility System Revenue Bonds CAPTION: Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $115,000,000 for the prior lawful expenditure of funds from the proceeds of one or more series of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Combined Utility System; authorizing matters incident and related thereto; and providing an effective date. PURPOSE: The City plans on issuing up to $115,000,000 of utility system revenue bonds to fund the Fiscal Year 2017 Capital Improvement Program (CIP). In the event that expenses are incurred prior to the receipt of bond proceeds, this resolution gives the City the authority to reimburse itself from bond proceeds for qualifying expenditures. BACKGROUND AND FINDINGS: With the beginning of the new fiscal year, it is the City's intent to fully fund the utility projects outlined in Year 1 of the Fiscal Year 2017 CIP with utility system revenue bonds. Included in these bonds will be funding for capital expenditures associated with (i) constructing, improving, enlarging, repairing, and extending the City's combined utility system (the System) and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer (the Administrative Costs). In order to adhere to the time schedules to ensure timely completion of these projects, the City must move forward with contracts prior to the completion of the final closing on the bonds. These amounts will not exceed $115,000,000. For the City to be eligible for reimbursement of any expenditures incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget- Debt Payments - - - - Encumbered/Expended amount of(date) - - - - This item - - - BALANCE - - - - FUND(S): COMMENTS: None RECOMMENDATION: Staff recommends approval of the resolution as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF IN AN AMOUNT NOT TO EXCEED $115,000,000 FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF ONE OR MORE SERIES OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING IMPROVEMENTS TO THE CITY'S COMBINED UTILITY SYSTEM; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) constructing, improving, enlarging, repairing, and extending the City's combined utility system (the System) and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the project that is the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer, for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations)which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of taxable or tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed$115,000,000 to finance a portion of the costs of the Project; and 82465314.2 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION l: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds," as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such 82465314.2 - 2 - conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time,place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] 82465314.2 - 3 - PASSED,ADOPTED AND APPROVED on this the 1st day of November, 2016. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 1st DAY OF NOVEMBER, 2016: Miles Risley, City Attorney 82465314.2 S-1 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 1st day of November, 2016, relating to establishing the City's intention to reimburse itself in an amount not to exceed $115,000,000 for capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the I't day of November, 2016. City Secretary (CITY SEAL) 82465314.2 S-2 The foregoing resolution was passed on this the 1st day of November, 2016, by the following vote: Nelda Martinez Rudy Garza Carolyn Vaughn Michael T. Hunter Brian Rosas Chad Magill Lucy Rubio Mark Scott Colleen McIntyre PASSED AND APPROVED, this the 1't day of November, 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 82465314.2 S-3 SC o� Va. AGENDA MEMORANDUM NOORPOBPIEFuture Item for the City Council Meeting of October 25, 2016 1852 Action Item for the City Council Meeting of November 1, 2016 DATE: October 18, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Agreement Wesley Seale Dam Instrumentation Testing and Replacement CAPTION: Motion authorizing the City Manager, or designee, to execute a contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$447,020 for the Wesley Seale Dam Instrumentation Testing and Replacement project. PURPOSE: The purpose of this agenda item is to execute the contract for professional services with Freese and Nichols, Inc. for the Wesley Seale Dam Instrumentation Testing and Replacement project. CIP DESCRIPTION: Wesley Seale Dam Instrumentation Testing and Replacement This project provides for improvements to the original instrumentation system including annual safety inspection, integration with O.N. Stevens Water Treatment Plant process controls, the Howell-Bunger Valve, the downstream sluice gates, and the dewatering system, in response to previous inspection and priority investment recommendations into the system. This project will protect the integrity of the Wesley Seale Dam system (1957), to provide for proper inspection and updated regulatory reports per Texas Commission on Environmental Quality (TCEQ). BACKGROUND AND FINDINGS: This project provides for the five-year inspections of the conditions and operations as required by the Texas Commission on Environmental Quality(TCEQ) regulatory requirements for high hazard dams. The final report will include recommendations for short and long-term maintenance and prioritized repairs based on funding, need and cost effectiveness. The dam was constructed in 1958 with three earthen embankment sections, two 40-foot-high concrete spillways and the outlet tower. The concrete spillways include 60 crest gates that protect from uncontrolled water overtopping the dam during large storm events. The outlet tower includes seven sluice gates and a 48-inch diameter low flow release valve. Three of the sluice gates provide for the intake (upstream)to the tower and three outfall (downstream) gates. The seventh sluice gate serves as maintenance of the 48-inch low flow release valve. The valve provides the optimal controlled low flow release. The sluice gates serve as redundant controlled low flow and maintenance of the valve. The outlet tower provides the municipal/industrial water supply, downstream water rights, and freshwater releases required under the agreed order. The sluice gates and the 48-inch valve are beyond their service life and need replacement to ensure continued reliable operations.The crest gates also require improvements for the protective coating system, seals, and miscellaneous structural repairs. This project also provides for a feasibility study to replace the dewatering system that is required for the maintenance to the crest gates. The previous dewatering system was decommissioned in 2008. The planned improvements include the following: • Wesley E. Seale Dam safety inspection and reports with prioritized list of maintenance and repair actions • Inspection of the salt water barrier dam (Calallen Reservoir Dam) • Sluice gates and Howell-Bunger valve replacement (Phase 2) • Wesley E. Seale Dam dewatering system study Freese and Nichols was selected as the Consultant Engineer through the Request for Qualifications 2012-03 Bond Issue 2012 and CIP Projects. ALTERNATIVES: 1. Authorize the execution of the contract. 2. Do not authorize the execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: N.A. 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 Project to 2016-2017 Date Budget & Current Year Future Years TOTALS Expenditures Line Item Budget $850,600 $2,000,000 $3,000,000 $5,850,600 Encumbered / Expended Amount $50,600 $50,600 This Item $447,020 $447,020 Future Anticipated Expenditures This Project $1,552,980 $3,669,986 $5,222,966 BALANCE $800,000 $0 $669,986 $130,014 Fund(s): Water Supply CIP #4 Comments: This contract will result in an expenditure not to exceed $447,020. RECOMMENDATION: City Staff recommends approval of the contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$447,020 for the Wesley Seale Dam Instrumentation Testing and Replacement project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET WESLEY SEALE DAM INSTRUMENTATION TESTING AND REPLACEMENT FUNDS AVAILABLE: Prior Water CIP.......................................................................................................... $ 21850,600 Future Water CIP 2018 and 2019.................................................................................. 3,000,000 Total Funds Available................................................................................................ $ 5,850,600 FUNDS REQUIRED: Construction: Construction (TBD)..................................................................................................... $ 4,200,000 Construction Contingency (10%).................................................................................... 420,000 Construction Observation &Testing: Construction Observation Estimate (TBD)....................................................................... 175,518 Construction Materials Testing (TBD)............................................................................. 175,518 Design: Master Services Agreement(Freese and Nichols, Inc.) THIS ITEM................................... 447,020 Reimbursements: Total Reimbursements:................................................................................................ 302,530 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)...... 117,012 Engineering Services (Project Mgmt/Constr Mgmt)...................................... 175,518 Misc................................................................................................... 10,000 TOTAL..................................................................................................................... $ 5,720,586 PROJECT BUDGET BALANCE.................................................................................... $ 130,014 4� Mikeska N Swinney Switch ©imo- Diner o Mt Lucas Argenta Tynan 81 354 Lake Corpus Christi Mathis Mathis Lake City Project Location ��1 K-Bar Ranch Westdale VICINITY MAP orange 6y TO SCALE San Patricio Project Number: 8663 Wesley Seale Instrumentation Testing CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS and Rehabilitation DEPARTMENT OF ENGINEERING SERVICES n CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT NO. 8663 WESLEY SEALE DAM INSTRUMENTATION TESTING AND REHABILITATION 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) and Freese and Nichols, Inc., a Texas corporation, 800 North Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................2 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Page 1 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CO NTRACT\CO NTRACT.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders in order to make an informed, written recommendation to City concerning the responsibilities of the lowest bidders. In determining a bidder's responsibilities, factors considered include,without limitation,the bidder's experience,capacity,supervision, ability to maintain project budget and schedule, past performance and safety record. ARTICLE 11 —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. Page 2 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CO NTRACT\CO NTRACT.DOC 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $447,020. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule, as shown in Exhibit B-1, with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request 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 within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; Page 3 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CO NTRACT\CO NTRACT.DOC 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4 2 This servir-e shall be fer a peri d ef Date. The AgFeeMeRt may be . . te the expiratie—A datea ef the prier term. ARY FeRt-BY.4-319-3 1949 �Rt tht-9 S�RITIL_Q U-9F.M.6 aAd GE)RditiGRG, p'616 aR" 4.3 The Consultant agrees to begin work on those authorized 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. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CO NTRACT\CO NTRACT.DOC ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION 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. Page 5 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CO NTRACT\CO NTRACT.DOC ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CO NTRACT\CO NTRACT.DOC 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. Page 7 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CO NTRACT\CO NTRACT.DOC ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. Page 8 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CO NTRACT\CO NTRACT.DOC 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, 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. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any Page 9 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CO NTRACT\CO NTRACT.DOC modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing in the same or similar locality and under the same or similar circumstances and professional license;and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. 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. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, attached as Exhibit E. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 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 lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. Page 10 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CO NTRACT\CO NTRACT.DOC 13.11 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 FREESE AND NICHOLS, INC. 7D7=&nen�— R). l3 • Cv J.H. Edmonds, P.E. Date Ibn Guzman, P.E. Date Director of Engineering Services Principal 800 N. Shoreline Blvd., Suite 160ON Corpus Christi, Texas 78401 (361) 561-6500 Office (361) 561-6501 Fax rg@freese.com RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date Project Name Wesley Seale Dam Instrumentation Testing and Replacement Project Number 8663 Accounting Unit 4093-063 Account 550950 Activity 180548-01-4093-EXP Account Category 50950 Fund Name Water 2013 RVBD This is the original contract for$447,020 Page 11 Rev.07/16 K\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT DOC Innovative approaches FREESE Practicaf results rM .1VICHO Outstanding 800 N.Shoreline Blvd.,Suite 160ON • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com October 13,2016 Mr. Daniel Deng Senior Project Manager Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,TX 78469 RE: Proposal for Engineering Services for Wesley E.Seale Dam to support: Wesley E.Seale Dam and Calallen Reservoir Dam Safety Inspection and Reporting Wesley E. Seale Dam Sluice Gate Rehabilitation, Phase 2 Wesley E. Seale Dam Dewatering System Study Mr. Deng: Freese and Nichols, Inc. (FNI) is pleased to submit this revised professional services proposal as the basis for a lump sum engineering services contract. This effort will consist of providing dam safety inspection and reporting services as well as PS&E services to support the City's procurement and installation of new downstream sluice gates,a Howell-Bunger Valve,electrical actuators for gate and valve control,and associated electrical improvements required on the outlet tower to support the new equipment. In addition,services under this contract would include a study of up to two(2) alternatives for dewatering the crest gates. The following sections present a more detailed narrative of the basic services to be provided by FNI for Wesley E. Seale and Calallen Reservoir Dams. BASIC SERVICES Dam Safety Inspection and Reportins TCEQ requires High-Hazard dams,such as Wesley E.Seale Dam,to be inspected every 5 years.The last recorded Dam Safety Inspection of Wesley E.Seale Dam was completed in 2008.The last recorded Dam Safety Inspection of Calallen Reservoir Dam was completed in 1990.FNI will perform an engineering inspection and prepare reports to help the City comply with TCEQ Dam Safety criteria.The inspection will help assess possible evidence of dam safety deficiencies and provide valuable information for its operation and maintenance.The team for the field inspection will consist of heavy civil,structural, mechanical,and electrical engineers. FNI will utilize knowledge of the facilities and previous work in performing our services. Historical and record data included in previous reports will help form the basis of the inspection report. Upon receipt of authorization, FNI will render the following professional services for this Dam Safety and Reporting: A. Proiect Management,Meetings,and Data Assembly: 1. Establish project and manage schedule and work execution. 2. Coordinate information between FNI and City. EXHIBIT A Page 1 of 8 Mr.Deng Page 2 October 13,2016 3. Coordinate Quality Control(QC)/Quality Assurance(GA) by FNI Senior Management and Technical Staff. 4. Develop and provide monthly status reports,including financial information. 5. For Wesley E.Seale Dam: Review past inspection reports,record drawings, breach analysis report, and subsequent information provided by the City to identify deficiencies or areas for concern. Research in-house data repository and review relevant documents. Previous data to be reviewed include: a. 2004-2008 Annual Safety Inspection Reports b. 19SS Original Drawings c. 1999 Spillway Rehabilitation Drawings d. 2010 Breach Analysis Report e. Performance data from 102 piezometers, 17 extensometers,4 inclinometers,25 relief wells, and 41 sand drains. 6. For the Calallen Reservoir Dam: Evaluate existing records such as original design drawings and documents, previous repair or rehabilitation design and construction documents, inspection reports,Operation and Maintenance Plans,and correspondence with TCEQ. B. Pre-inspection Plan: 1. Develop an initial inspection plan(brief memorandum)for the upcoming inspection, including areas identified to be inspected,methods of inspection,and support and logistics required from City personnel including boat access. Submit proposed inspection plan to the City for review. 2. Participate in a conference call to discuss comments and coordinate support requirements. 3. Finalize inspection plan and submit to the City. C. On-Site Inspection Activities: 1. For Wesley E.Seale Dam: Perform a field inspection to assess conditions and facilitate comparison with observations and recommendations from past inspection reports. Prepare notes of observations and take photographs as appropriate to document conditions.Structures to be inspected include the north,center and south embankments,outlet works tower,the south (service)spillway,and the north(emergency)spiliway.The City shall provide boat for upstream access and shall make provisions to dewater the south spillway basin to the extent possible to allow for inspection. It is anticipated that the field examination will encompass two(2)full days at the dam. The field examination shall include the following efforts: a. The morning of the inspection, participate in a one-hour meeting with City personnel to discuss current operational and maintenance considerations and actions. Review of emergency preparedness and operational aspects including the emergency action plan, access to the site,communication system,instrumentation data processing, auxiliary power, remote operation,and standard operating procedures. b. Observe north,center,and south embankments for signs of unusual movement,slips,slides, seepage,animal burrows, protective covering(rock riprap and grass cover),and undesirable vegetation growth. c. Observe the north and south spillway bays(including the south spillway discharge canal and basin)for signs of cracking,spalling,notable differential movement,erosion,joint conditions,and exposed reinforcing. EXHIBIT A Page2of8 Mr. Deng Page 3 October 13, 2016 d. Observe condition of north and south spillway bridges for signs of concrete deterioration, cracking,spalling,notable differential movement,joint conditions, and exposed reinforcing. e. Observe condition of spillway gates as visible for signs of corrosion,seal damage, leakage, and debris buildup. f. Observe condition of outlet works tower for signs of concrete deterioration,cracking, spalling, notable differential movement,joint conditions,and exposed reinforcing. 2. For the Calallen Reservoir Dam: perform a half-day visual inspection of the dam.Key areas to be addressed during the inspections include: a. Visually assess the general condition of the dam.The visual inspection will be performed from readily accessible locations. b. Collect general measurements of key components of the structure as deemed necessary and as possible. c. Document areas of noted deterioration or disrepair.Take note of visible seepage, boils, erosion,animal burrows,overgrown vegetation,etc. NOTES: • The inspection effort will not be focused on the sluice gates, Howell Bunger valve,and associated actuators and hardware as that work is part of the design effort described below. • Topographic survey,underwater inspections,and geotechnical explorations are not included as part of basic services. D. ReportWrit: 1. For Wesley E.Seale Dam: a. Prepare a draft report discussing findings from review of documents, inspection,and engineering evaluations,with supporting appendices as required. Meet with City personnel in person and via phone to discuss comments and prepare the final report. b. The report will utilize as much information as possible from past inspection reports. The chapters in the reports will reflect the data review,findings from the on-site inspections, and information gathered during discussions with City personnel. c. The report shall be in accordance with Texas Commission on Environmental Quality(TCEQ) Chapter 299 Dam Safety Rules,and shall be acceptable to the TCEQ Dam Safety Program Coordinator. It is understood that the City will provide a copy of the Final Report to the TCEQ Dam Safety Program as required by the Chapter 299 Rules. Provide copies of the draft report to the City for review and comment. The draft report will follow the general format of a comprehensive review report and include the following sections: L Decision Document and Technical Report of Findings ii. Updates to Recommendations iii. Description of Dam and Operations iv. Evaluation of Design,Analysis,and Construction V. Evaluation of Performance Monitoring and Instrumentation vi. Inspection Report(with photos) vii. Seismic Hazard viii. Hydrologic Hazard ix. Potential Failure Modes X. Future Performance Monitoring EXHIBIT A Page 3 of 8 Mr. Deng Page 4 October 13,2016 A. Key Photos and Drawings 2. For Calallen Reservoir Dam: a. Develop a photo log of key items noted during the inspection. b. Provide one draft report documenting observations for review.The report will be in a format similar to inspection reports performed by TCEQ Dam Safety.The report will document background,current condition of the dam,downstream hazards, recommendations for repair,and conclusions. Provide copies of the draft report to the City for review and comment. c. Address City comments on draft report and prepare final document. Downstream Sluice Gates and Howell-Bunizer Valve Improvements,Phase 2 FNI assisted the City between 2014 and 2015 to implement repairs to the upstream sluice gates of the Low Flow Outlet Tower. Upon completion of that effort,the City expressed interest in further rehabilitating the low flow outlet works. Based on previous inspections and City comments,the downstream gates and valve are showing their age and do not function as desired.This effort focuses on implementing repairs to the three downstream sluice gates and Howell-Bunger valve at the low flow outlet works.The repairs will consist of replacement in-kind of existing gates and valve.The previously developed construction documents, manufacturer information,and new engineering design will become the basis of the bid package for this effort. Upon receipt of authorization,FNI will render the following professional services for this effort: A. Proiect Management,Data Assembly,and Meetings: 1. Establish project and manage schedule and work execution. 2. Develop and provide monthly status reports, including financial information.Collaborate with City staff to coordinate aspects of this project,to include budget,schedule,and contingency planning. 3. Request and assemble relevant information from the City and valve/gate manufacturers to support the creation of this bid package. 4. Coordinate Quality Control(QC)/Quality Assurance(QA)by FNI Senior Management and Technical Staff. 5. Facilitate internal kickoff meeting and coordinate conference calls for client kickoff meeting and progress meetings. B. 60%Deslen: 1. Investigate alternatives for replacement of existing gates and valve,including temporary diversion of low flow releases during replacement activities and structure modifications,as necessary. 2. Perform a field inspection to assess conditions. Prepare notes of observations and take photographs as appropriate to document conditions. 3. Develop 60%design submittal.The 60%submittal will include an executive summary,plans,a technical specification list,front-end documents,and a preliminary opinion of probable construction costs (OPCC).Provide copy of the documents to the City in electronic format(PDF)for review and comment. 4. Hold a review session with City staff to discuss issues and review the 60%design submittal. EXHIBIT A Pa e4of8 Mr. Deng Page 5 October 13,2016 5. Coordinate meeting with TCEQ Dam Safety to discuss design option and 60%drawings. C. Pre-Final and Final Design: 1. Develop the pre-final design by addressing City formal review comments of 60%design submittal. The Pre-Final submittal will include a plan executive summary, plans,specifications,and up-to-date front-end documents. Provide copy of the documents to the City in electronic format(PDF)for review and comment. 2. Develop a revised OPCC for the proposed improvements based on pre-final submittal. 3. Hold a review session with City staff to discuss issues and review the pre-final design. 4. Address any final comments from the pre-final design submittal prior to finalizing the signed sealed (IFB)set for submittal to the City for bid. S. Submit IFB construction documents to TCEQ Dam Safety for review and approval. D. Bid Phase Suoaort: 1. Assist City in soliciting qualified contractors to bid on the project. 2. Participate in the pre-bid meeting. 3. Assist City in securing bids by responding to bidder's requests for information (RFI)during bid phase. Prepare addenda as necessary to address RFIs. 4. Compile the bid tab, review bids for responsiveness,and provide a bid award recommendation to the City. E. Construction Phase: Upon completion of contract negotiation between the City and selected contractor, FNI will proceed with the performance of general construction oversight during construction as described below. 1. Attend the pre-construction meeting and provide an agenda and record and provide meeting minutes. 2. Provide general representation services during construction by assist the City in submittal review in a manner consistent with the requirements of the construction contract documents. Review contractor's submittals, including, requests for information,modification requests,shop drawings, schedules,and test results in accordance with the requirements of the construction contract documents for the projects. 3. Attend up to eight(8)monthly construction progress meetings,and provide an agenda and record and provide meeting minutes. 4. Participate in four(4)engineering site visits during construction to observe work progress. In this effort FNI will endeavor to protect the City against defects and deficiencies in the work of Contractors and will report any observed deficiencies to the City. Prepare site visit reports documenting findings, photographs, and follow-up actions.Visits to the site in excess of the specified number are an additional service. S. Conduct, in company with City's representative,one(1)site visit and final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. 6. Revise the construction drawings in accordance with the information furnished by construction Contractor reflecting changes in the Project made during construction.Two(2)sets of prints of "Record Drawings"shall be provided by FNI to the City.Submit record drawings to TCEQ Dam Safety for record. EXHIBIT A Page 5 of 8 Mr. Deng Page 6 October 13,2016 Spillway Dewatering System Stud As part of the original design of the dam,a floating bulkhead system was designed and constructed to allow for dewatering of an individual crest gate during maintenance operations.The bulkhead system proved difficult to use and experienced leakage.The system was modified in the mid 1990's to facilitate installation, but the system remained difficult to install and was ultimately abandoned.Wesley Seale Dam does not currently have a dewatering system to facilitate maintenance of the crest gates.The purpose of this phase is to study a dewatering system options for future design development and construction to facilitate required maintenance projects including gate seal and coating system replacement. Upon receipt of authorization, FNI will render the following professional services for this effort: A. Pro'ect Management,Data Assembiy,and Meetings: 1. Establish project and manage schedule and work execution. 2. Develop and provide monthly status reports,including financial information. Collaborate with City staff to coordinate aspects of this project,to include budget,schedule,and contingency planning. 3. Request and assemble relevant information from the City with regards to previous dewatering system floating bulkhead. 4. Coordinate Quality Control(QC)/Quality Assurance(QA)by FNI Senior Management and Technical Staff. 5. Facilitate internal kickoff meeting and coordinate conference calls for client kickoff meeting and progress meetings. B. Feasibility Study Phase 1. Review historic drawings of the previous floating bulkhead system. Review and evaluate existing drawings and reports of the spillway bays,buttresses,crest gates,and access bridge. 2. Perform a 1-day site visit to evaivate existing concrete bridge and spillway geometry,assess methods for attachment to the concrete structure and discuss historical issues with the previous dewatering system at the dam. Discuss dewatering system needs with City staff. Prepare notes of observations and take photographs as appropriate to document conditions. 3. Perform structural survey and measurements of key areas of the spillway and bridge. 4. Develop two(2)design options of dewatering systems for spillway gates and perform feasibility level evaluations of each.One of the design options shall include the original floating bulkhead. 5. Prepare schematic drawings or sketches illustrating design options. 6. Perform quantity take-offs and develop feasibility level opinion of probable construction cost. 7. Prepare draft letter report summarizing the site visit,design options,operational benefits and limitations, additional loads imposed on dam,constructability,care of water considerations, opinion of probable construction cost,and possible permitting needs including USACE,Texas Historic Commission,and TCEQ Dam safety. Identify the need of additional survey data or structural measurements and estimated costs to collect this information, if needed,for design. 8. Participate in workshop with City staff to discuss draft letter report, dewatering system options, and study findings. 9. Address City's comments and finalize letter report. Provide three(3) printed copies of the letter report to the City. EXHIBIT A Pa e6of8 Mr. Deng Page 7 October 13, 2016 Fee Freese and Nichols, Inc. proposes to perform the scope of services listed above for the following lump-sum fees listed below: Dam Safety Inspections and Reporting Data Assembly,Meetings,QC $ 10,490.00 Inspection,Report, and Follow U $82,009-00 Subtotal $ 92,499.00 Downstream Sluice Gates and Howell-Bunger Valve Improvements Data Assembly, Meetings,and Interim Design $ 24,019.00 Preliminary/60%/90%/Pre-Final/Final Design $134,921.00 Bid Phase $13,672.00 Construction Phase $66,841.00 Subtotal $239,453.00 Dewatering System Study and Design Data Assembly,Meetings,and Interim Design $115,068.00 Subtotal $115,068.00 TOTAL 5447.020.00 Schedule See attached schedules for each effort for details.The notice to proceed dates have been assumed based on conversations with you and should be adjusted based on actual dates when needed. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to equitable adjustment of compensation and FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. Dam Safety Inspection Dam Safety Inspection Starts Finish otice to Proceed Mon 11/14/16 Man 11/14/16 Project Management, Meetings, Mon 11/14/16 Fri 3/31/17 and Data Assembly Pre-Inspection Plan Tue 11/28/16 Tue 12/19/16 On-Site Inspection Activities Wed 1/11/17 Fri 1/13/17 Report Writing Mon 1/16/17 Thu 3/30/17 Project Complete Thu 3/30/17 Thu 3/30/17 Sluice Gate and Bunger Valve Replacement Project Juice Gate/Valve Repiacement Start Finish Notice to Proceed Mon 11/14/16 Mon 11/14/16 Project Management Mon 11/14/16 Fri 7/27/18 EXHIBIT A Page 7 of 8 Mr. Deng Page 8 October 13,2016 60%Design Tue 1/17/17 Fri 4/14/17 Pre-final and Final Design Tue 5/1/17 Fri 8/4/17 Bid phase Support Mon 8/7/17 Tues 10/17/17 Construction Phase Mon 10/23/17 Fri 8/31/18 Project Complete Fri 8/31/18 Fri 8/31/18 Dewatering System Study Dewatering System Study Start Finish Notice to Proceed Mon 11/14/16 Mon 11/14/16 Project Management Mon 11/14/16 Fri 5/12/17 Feasibility Study Phase Mon 11/14/16 Fri 5/12/17 Sincerely, 4 Principal,Corpus Christi Office cc:Victor Vasquez, Brian Bresler EXHIBIT A Page 8 of 8 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME PayRevi esed Request Revid 47!27104 Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No.1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 754 0 0 0 0% Construction Phase 2,500 0 1,000 3,540 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,254 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $25000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,124 0 0 0 0% inspection 0 0 1,627 15627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% d&M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,527 $45747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees 1 $8,000 $2,120 $2,377 $12,997 $1,250 $1,500 $3,0001 230 Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL/OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT S : (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Contract for Professional Services Exhibit B-1 EXHIBIT "C" Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 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. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) 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. 1.3 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. 1.4 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. 1.5 Consultant shall be required to submit a copy of the replacement certificate of 1 Rev 07/16 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 1.6 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: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 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. 1 .8 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. 1.9 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. 1.10 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. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 07/16 SUPPLIER NUMBER TO BE ASSIGNED BY nT— PURCHASING DPASIGN City of CITY OF CORPUS CHRISTI Corpus city DISCLOSURE OF INTEREST us Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P.O.BOX: STREET ADDRESS: 800 N. Shoreline, Ste. 1 BOON CITY: Corpus Christi 71P: 78401 FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership In the above named"firm." Name Job Title and City Department(if known) 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 NIA 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee WA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant L /A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. 'Me disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Ron Guzman, P.E. ,Title, Principal frype or PrW) Signature of Certifying Date: 45 .2s . Person: 6��— DEFTMTIONS 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 arttime 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. 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 holdings or control established through voting trusts, proxies, or special terns 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-91412 Freese and Nichols, Inc. Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/27/2016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. MSA for Wesley Seale Dam Provide engineering services for Master Svcs.Agreement to support Wesley Seale Dam Safety Inspection and Reporting,Sluice Gate Rehab-Ph. 2, and Dewatering Stud 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Gooch,Thomas Fort Worth,TX United States X Hatley,Tricia Oklahoma City,OK United States X Payne,Jeff Dallas,TX United States X New,John San Antonio,TX United States X Coltharp, Brian Fort Worth,TX United States X Milrany, Cindy Fort Worth,TX United States X Nichols, Michael Austin,TX United States X Pence, Robert Fort Worth,TX United States X Herchert, Robert Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. �o;,�•:;fit LISA BOGGS 1� ! Notary Public,State of Texas My Commission Expires .. f 06/25/2019 ignature bf authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said r k this the r1K day of 20 .b' to certify which,witness my hand and seal of office. Sig ature of o icer admini oath Printed name of administering oath Title of officer Administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Exhibit F Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions.....................................................................................................................................................9 Article 6—Bonds and Insurance .................................................................................................................11 Article 7—Contractor's Responsibilities.....................................................................................................11 Article 8—Other Work at the Site...............................................................................................................11 Article 9—Owner's and OPT's Responsibilities...........................................................................................11 Article 10—OAR's and Designer's Status During Construction ..................................................................12 Article 11—Amending the Contract Documents; Changes in the Work....................................................14 Article12—Claims.......................................................................................................................................14 Article 13—Cost of the Work; Allowances; Unit Price Work......................................................................14 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................14 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period........................................14 Article 16—Suspension of Work and Termination .....................................................................................14 Article 17— Final Resolution of Disputes....................................................................................................14 Article18—Miscellaneous..........................................................................................................................14 Excerpt from Form 00 72 00 General Conditions- 1 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined,terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement -The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment-The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents -The Bidding Requirements,the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds- Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions-2 13. Change Proposal -A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; C. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim -A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern -Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products,wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act,42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; C. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract-The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents-Those items designated as Contract Documents in the Agreement. 20. Contract Price-The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions-3 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and C. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team -Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective-When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer-The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings -The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions-4 31. Indemnified Costs-All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations-Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens -Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification -Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award -The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer(the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR-The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees- Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Protect Team or OPT-The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use- Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions-5 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR -The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site- Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications-The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions-The part of the Contract that amends or supplements the General Conditions. 56. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data -Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions-6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities-All underground pipelines, conduits, ducts, cables,wires, manholes, vaults,tanks,tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products,telephone or other communications,fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions-7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions - 10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions - 11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions - 12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 CERTIFICATE OF INTERESTED 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 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-91412 Date Filed: 07/27/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. MSA for Wesley Seale Dam Provide engineering services for Master Svcs. Agreement to support Wesley Seale Dam Safety Inspection and Reporting, Sluice Gate Rehab -Ph. 2, and Dewatering Study 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Gooch, Thomas Fort Worth, TX United States X Hatley, Tricia Oklahoma City, OK United States X Payne, Jeff Dallas, TX United States X New, John San Antonio, TX United States X Coltharp, Brian Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Michael Austin, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �i 1r �J L.. I ;,�::: w, LISA BOGGS t� I •`�'\ Notary Public, State of Texas • ;, r ' • My Commission Expires �' " �y, 06/25/2019 k,Signature f authorized agent of contracting business entity �j k o -n '-t .% 21m .ati , this the 1 day of J , NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said , to certify which, witness my hand and seal of office. L .... - kJ - - .� _ Sig ature of o ricer admini .s- larrg oath Printed name of • • ` = administering oath Title of offic- r : • ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Carpus Chr sti Engineering Wesley Seale Dam Instrumentation Testing and Rehabilitation Council Presentation October 25, 2016 Project Location Lake Corpus Christi Mathis Mems SH 359© i"` Ice Corpus Christ, Slate Park IH 37 Project Location ra 1831 Corpus Chr'sti Engineering 2 Project Location Corpus Chr sti Engineering Project Scope Carpus Chr sti Engineering The planned improvements include the following: • Wesley E. Seale Dam safety inspection and reports with prioritized list of maintenance and repair actions • Inspection of the salt water barrier dam (Calallen Reservoir Dam) • Sluice gates and Howell-Bunger valve replacement (Phase 2) • Wesley E. Seale Dam dewatering system study Project Scope Corpus Chr sti Engineering 2016 2017 2018 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Design Oct Nov Dec Bid & Award Jan Feb Mar Apr May Jun Jul Aug Sep 411M Project Estimate: 690 Calendar Days = 23 Months Projected Schedule reflects City Council award in November 2016 with anticipated completion in September 2018. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 25, 2016 Action Item for the City Council Meeting of November 1, 2016 DATE: TO: October 10, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Construction Contract Lift Station Repairs Citywide 2016 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners, LTD of Boerne, Texas in the amount of $1,359,000 for the Lift Station Repairs Citywide 2016 for the Total Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Lift Station Repairs Citywide 2016 for the Total Base Bid. CIP Description: Lift Station Repairs Citywide This project provides for implementation of a strategic lifecycle program for future lift station projects with funding requirements and cost benefit analysis for the City's 99 Lift Stations. The project identifies, prioritizes and implements specific capital improvement in a phased design and construction approach to extend lift station service life, reduce long-term maintenance costs, improve flows, and meet Texas Commission on Environmental Quality guidelines including reducing overflows and redundant systems. BACKGROUND AND FINDINGS: Many of the existing list station systems are at the end of their useful life cycle with conditions that jeopardize reliable operations and service. City staff initiated City -Wide Lift Station Repairs program to identify, prioritize and implement specific Capital Improvement Projects (CIP) in a phased approach to recapitalize the lift stations. This program is critical to improve operational and maintenance cost, reduce overflows, and continued compliance to Texas Commission on Environmental Quality (TCEQ). The following seven lift stations were developed and recommended for rehabilitation for FY 2016-17. • Leeward Lift Station • Jackfish Lift Station • Lake Padre South Lift Station • Seahorse Lift Station • Up River Road Lift Station • Turtle Cove Lift Station • Studebaker Lift Station On September 28, 2016, the City received proposals from four (4) bidders and the respective bids were as follows: CONTRACTOR BASE BID Associated Construction Partners, LTD Boerne, Texas $1,359,000 J.S Haren Company Athens, TN $1,617,000 Austin Energy Company, Inc. Austin, Texas $1,791,400 Jhabores Construction Company, Inc. Corpus Christi, Texas Non-responsive bid submittal Engineer's Opinion of Probable Construction Cost $1,675,300 Based on the information submitted in accordance with the contract documents, Associated Construction Partners, LTD of Boerne, Texas, was determined to be the lowest responsive and responsible bidder with the sufficient experience and resources. The City's consultant, Urban Engineering and City determined that Jhabores Construction Company, Inc. did not meet the minimum qualification requirements set forth in the contract documents and therefore was considered a non-responsive bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction 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 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) $1,800,000 $1,800,000 Encumbered / Expended Amount This Item $1,359,000 $1,359,000 Future Anticipated Expenditures This Project $404,500 $404,500 BALANCE $36,500 $36,500 Fund(s): Wastewater CIP #10 Comments: This project requires approximately 290 calendar days for construction with anticipated completion September 2017. The construction contract will result in the expenditure of an amount not to exceed $1,359,000. RECOMMENDATION: City Staff and the design engineer recommend approval of a construction contract with Associated Construction Partners, LTD of Boerne, Texas in the amount of $1,359,000 for the Lift Station Repairs Citywide 2016 for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET LIFT STATION REPAIRS CITYWIDE 2016 FUNDS AVAILABLE: Wastewater CIP $1,800,000 FUNDS REQUIRED: Construction: Construction (Associated Construction Partners, LTD) THIS ITEM 1,359,000 Construction Contingency (10%) 135,900 Engineer: Engineer (Urban Engineering) 164,100 Reimbursements: Total Reimbursements 104,500 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 31,500 Engineering Services (Project Mgmt/Constr Mgmt) 63,000 Misc 10,000 TOTAL $1,763,500 PROJECT BUDGET BALANCE $36,500 Sal I'atricio Lir'Ler lege 1110 Hebb Odern Doyle Portland si Falm'an-County Gregory -`' Acres Irgloside I :_1 City -By -The Sea V. Aransas Pass North San Pedro Robst. Spring Garden -Terra ,-.y Verde 7 La Paloma -Lost Creek 77 Driscoll Turtle Cove vv Tierra Grande NBeres Bo?. grplujs Christi Studebaker Ingleside on The Bay ustang Turtle Cove ■ Israrrd Lift Station Repairs (Citywide 2016) Chapman Ranch Seahorse & Jackfish Lake Padre South & Leeward VICINITY MAP 4111110 NOT TO SCALE TO SCALE 1 us lap r5lan Slate Project Number: E16304 Lift Station Repairs ( Citywide 2016 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Citrsti trLgineeriing Lift Station Repairs City Wide 2016 Council Presentation October 25, 2016 Project Location 13, c Fey.`_ ,,, N Lift Station Repairs (Citywide 2016) Corpus Chr'sti Engineering Project Scope Carpus Chr'sti Engineering This project provides for implementation of a strategic lifecycle program to recapitalize the City's 102 Lift Stations through a phased approach. This phase provides for rehab of 7 lift stations in FY 2016-17: • Leeward Lift Station • Jackfish Lift Station • Lake Padre South Lift Station • Seahorse Lift Station • Up River Road Lift Station • Turtle Cove Lift Station • Studebaker Lift Station Project Schedule Corpus Chr sti Engineering 2016 2017 SEP OCT NOV DEC JAN FEB MAR APR MAR JUN JUL AUG SEP Bid & Award Construction Project Construction Estimate: 290 Calendar Days = 10 Months Schedule reflects City Council construction award in November with completion planned by September 2017 CERTIFICATE OF INTERESTED 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 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-121912 Date Filed: 10/10/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Associated Construction Partners Ltd boerne, TX United States 2 Narne of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13604 Lift Station Repairs Citywide 2016 Narne of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Simpson, Jill Boerne, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swe. ; or affirm, under pe alty of perjury, that the above disclosure is true and correct. ( :=:►r7''s RENEE RIEBER hCi Notary "ublic �;: " STATE C r TEXAS 1 yid „ My Comm. Exp, March 19. 2019 I Signature . a ut orized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Swor to and subscribed Ware me, by the said II I( � J1 `.., this the 1 b day of 20 , to certify which, witness my hand and I of of ce. I ,QC. 6kih,.. c oirdwl 14. Sic nature of officer administering oath Printed name of officer administering oath Title of officer administering cath Forms provided by Texas Ethics Commission www. eth i cs .state . tx. u s Version V1.0.277 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 25, 2016 Second Reading for the City Council Meeting of November 1, 2016 DATE: September 27, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 1013 E. Lakeside Drive CAPTION: Case No. 0916-02 Dawn Melancon: A change of zoning from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District. The property to be rezoned is described as being a 0.344 -acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Padre Island Drive (Hwy 358) and East Lakeside Drive. PURPOSE: The purpose of this item is to rezone the property to allow commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to "CG -1" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to "CG -1" General Commercial District to allow commercial uses. The proposed rezoning is consistent with the Comprehensive Plan. The property is appropriately located for commercial uses on a freeway which is appropriate for a general commercial district. The rezoning is compatible with present zoning of nearby property and to the character of the surrounding area. The rezoning is not anticipated to have a negative impact upon the surrounding property. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -1" General Commercial District is consistent with the adopted Future Land Use Map and the Flour Bluff Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ 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: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application of Dawn Melancon ("Owner") by changing the UDC Zoning Map in reference to a 0.344 -acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Dawn Melancon ("Owner") for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 21, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District, and on Tuesday, October 25, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Dawn Melancon ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.344 -acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Padre Island Drive (Hwy 358) and East Lakeside Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District (Zoning Map No.034031), as shown in Exhibit "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0916-02 Dawn Melancon (1013 E. Lakeside)\Council Documents\Ordinance_0916-02 Dawn Melancon.docx Page 3 of 3 Aerial Overview 1 N Aerial At N PLANNING COMMISSION FINAL REPORT Case No. 0916-02 HTE No. 16-10000032 Planning Commission Hearing Date: September 21, 2016 Applicant & Legal Description Applicant/Owner: Dawn Melancon Representatives: Tomlinson Property Sales & Management Legal Description/Location: A 0.344 -acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Padre Island Drive (Hwy 358) and East Lakeside Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "CG -1" General Commercial District Area: 0.3444 acres Purpose of Request: To allow commercial status for sale of property. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Commercial North "RS -6" Single -Family 6 Vacant Commercial South "CG -2" General Commercial Vacant Commercial East "RS -6" Single -Family 6 Vacant Commercial West "CG -2" General Commercial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -1" General Commercial District is consistent with the adopted Future Land Use Map and the Flour Bluff Area Development Plan. Map No.: 034031 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 104 feet of street frontage along East Lakeside Drive, which the Urban Transportation Plan designates as a "01" Collector street. The maximum desirable average daily trips (ADT) for a designated "01" is 1,000 to 3,000 daily trips. The subject property is located on the east side of East Lakeside Drive and on the north side of South Padre Island Drive. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume East Lakeside Drive "01" Collector 60' ROW 40' paved 50' ROW 20' paved South Padre Island Drive "F1" Freeway/Expressway 400' ROW varies paved 136' ROW 153' paved 2013 E 11,563 W 11,765 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "CG -1" General Commercial District in order to market the property for commercial uses. Development Plan: There is no development plan. The applicant is proposing to rezone the property to attract potential buyers with greater opportunity on a commercially zoned property. Existing Land Uses & Zoning: The subject property is zoned "RS -6" Single -Family 6 and consists of a home on a slab foundation that burned down and an existing storage building. North of the subject property is zoned "RS -6" Single -Family 6 District and is vacant. South across South Padre Island Drive is vacant land in the "CG -2" General Commercial District. East of the subject property is vacant and zoned "RS -6" Single - Family 6 District. Land to the west is zoned "CG -2" General Commercial District and is also vacant. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "CG -1" General Commercial District is consistent with the Flour Bluff ADP and the adopted Future Land Use Plan's designation of the property as commercial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: • Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement D). • Facilitate infrastructure planning through a reasonable estimate of future land use and densities. (Flour Bluff Principle Objective, d.) • The City should continue to work with State and Federal agencies to balance protection of the environment with the development needs of the community. This is especially important in Flour Bluff where many public and privately owned lands contribute to the Bay area and coastal ecosystem.( Flour Bluff Policy Statement A.3) • All public and private construction should be in accordance with Federal Emergency Management Agency (FEMA) standards. Compliance with these Planning Commission Report Page 3 standards will ensure continued availability of flood insurance to the community through the National Flood Insurance Program. Public and private construction should be in accordance with State and Federal programs (e.g. Environmental Protection Agency, Army Corps of Engineers).( Flour Bluff Policy Statement A.4) Plat Status: The subject property is not platted based on the plat description. Department Comments: • The proposed rezoning complies with the Comprehensive Plan. • It is staff's opinion that the proposed rezoning would benefit the surrounding area and is consistent with the Future Land Use Plan's designation of the property as commercial. • A "CG -1" District would allow commercial development in an existing underutilized area • The property is located on a freeway, which is appropriate for a General Commercial District. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 Public Notification Number of Notices Mailed — 12 within 200 -foot notification area 1 outside notification area As of September 26, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0916-02 Dawn Melancon (1013 E. Lakeside)\Council Documents\Report.docx SUBJECT PROPERTY 56 Date Created: 9/612016 Prepared By: lvetteM Department of Development Services CASE: 0916-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 DIA Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PDD Planned Unit ❑ev. Overlay RS -10 Single -F amily 10 RS -6 Single -Family 6 RS -4.5 Sin g le -F amily 4.5 RS -TF Two -Family RS -15 Single -F amily 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Horne SubjectFroperty ^ Civ hers with200' buffer v b? favor 4 ON Hers within 200'tistedon X • Cevoers attached ownershiptable o opposdon SUBJECT PROPERTY E City of LOCATION MAP o_pus e.. 0 , i r lb r'J,iloutior _ y 7852 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use only Case No.: 0916-02 Map No.: 0 1 t� `� PC Hearing Date: 9-21-16 Proj.Mgr: Hearing Location: City Hall. Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant Tomlinson Property Sales & Management Contact Person : Karl A. Tomlinson Mailing Address: 1234 Laguna Shores Rd city: Corpus Christi state: TX Zip 78418 Phone:3� 61 442-5192 E-mail:cell: ( 361 ) 548-0379 2. Property Owner(s): Dawn MelanconDawnPerson : Dawn Melancon Mailing Address: 10714 Padre Island Dr. S City: Corpus Christi State:TX ZIP: 78418 Phone: ( 361 548-0379 E-mail:Cell: ( 361 548-0379 3. Subject Property Address: 1013 E. Lakeside Dr. Area of Request (SF/acres): 15000 Sqft Current Zoning & Use: RS-6 Proposed Zoning & Use: Commercial CG 1 12-Digit Nueces County Tax ID: 2 4 7 A. 0 0 5 6. 1 6 5 0 Subdivision Name: FLOUR BLUFF & ENC FRM GDN TRACT Black: Lot(s): Legal Description if not platted: FLOUR BLUFF & ENC GDN TRACT .344 AC OUT OF LT 16 SEC 56 4. Submittal Requirements: ❑ Early Assistance Meeting: El Land Use Statement IF APPLICABLE: 0 Peak Hour Trip Form (if request ❑ Metes & Bounds Description with ID Appointment of Agent Form if Date Held - with City Staff of Interest 0 Copy of Warranty Deed with Future Land Use Plan) 0 Site Plan for PUD or Special Permit if property includes un-platted land (sealed by RPLS) 0 Lien Holder Authorization is not signing this form ❑ Disclosure is inconsistent exhibit landowner I certify that I have provided the City of Corpus Christi with a complete application for review; that t am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and thetio rovid d is ate. r Owner or Agent's Signature Applicant's ignature Karl A. Tomlinson Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 1 LP Received By: ADP: r r7 F15 Rezoning Fee: 1, t 0 11 - 5 D + PUD Fee -& + Sign Fee 1 .0 0 = Total Fee _ 2 No. Signs Required ,------ $10/sign Sign Posting Date: K:IDEVELOPMENTSVCslSHAREDLLAND DEVELOPMENT'APPLICATION FORMSIREZCNINGSZONING APPLICATION 2015 DOC Form Revised 5112/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Owner plans to sell the property as commercial for use as potential Bed & Breakfast, Restaurant, Office, or similar. 2. Identify the existing land uses adjoining the area of request: North - Residential South - Commercial East _ Laguna Madre West - Commercial C.IUSERSTANYAR OOOIDESKTOPIDAILY USELANNIKAILAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Tomlinson Property Sales & Management STREET: 1234 Laguna Shores Rd CITY: Corpus Christi Zip: 78418 FIRM is:OCorporation °Partnership ()Sole Owner °Association OOther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NA Job Title and City Department (if known) NA 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NA NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee Karl A. Tomlinson CCIA Board Of Directors 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 NA Consultant NA CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Title: Ynf(/QCUhf-42,/ Certifying Person: Signature of Certifying Person: Date: iS.%X KADEVELOPMENTSVCSISHAREDILAND Dk1/ELOPMENT APPLICATION FORMSREZONING5DISCLOSURE OF fNTEREST5 STATEMENT 5 12.2015,DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Dawn Melancon STREET: 10714 Padre Island Dr. S CITY: Corpus Christi zip: 78418 FIRM is:OCorporation °Partnership °Sole Owner °Association OOther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) NA NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NA NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NA NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City Koff Crpus Christi, Texasas changes occur. Certifying Person: J)A&,t) /V,{ MF(Alveati Title: (Print Name) Signature of Certifying Person: AW(�i�/1�Date: KIDEVELOPMENTSVCSSHAREDILANDDEVELOPMENTVAPPLICATION FORMSREZONINGIDISCLOSURE OF INTERESTS STATEMENT 5 5,DOC D/‘ AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 25, 2016 Second Reading for the City Council Meeting of November 1, 2016 DATE: September 27, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 7401 Holly Road CAPTION: Case No. 0916-03 Palm Land Investments, Inc.: A change of zoning from the "RS -4.5" Single -Family 4.5 District to the "RS-TH" Townhouse District. The property to be rezoned is described as an 8.63 -acre tract of land out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Holly Road, approximately 1,307 feet east of Rodd Field Road. PURPOSE: The purpose of this item is to rezone the property to allow construction of residential townhouses. RECOMMENDATION: Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS -4.5" Single -Family 4.5 to the "RS-TH" Townhouse District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS - 4.5" Single -Family 4.5 District to the "RS-TH" Townhouse District to allow construction of residential townhouses. The application and project site plan contains 64 townhouse units with access from Holly Road. The proposed rezoning complies with the Comprehensive Plan. The property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a low density residential use, however, the location on a future arterial road is appropriate for medium density residential uses and townhouses help buffer single- family uses from future multifamily uses to the west. It is staffs opinion that the rezoning will not have a negative impact upon the surrounding neighborhood. The amendment is compatible with the present zoning and conforming uses of the surrounding area and is suitable for uses permitted by the proposed zoning district. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "RS-TH" Townhouse District is not consistent with the adopted Future Land Use Map, however, complies with the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ 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: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning Map in reference to an 8.63 acre of Flour Bluff and Encinal Farm and Garden Tracts Section 27, Lot 3, from the "RS -4.5" Single -Family 4.5 District to the "RS-TH" Townhouse District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Palm Land Investments, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 21, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -4.5" Single -Family 4.5 District to the "RS-TH" Townhouse District on Tuesday, October 25, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Palm Land Investments, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on an 8.63 acre of Flour Bluff and Encinal Farm and Garden Tracts Section 27, Lot 3, located on Holly Road, approximately 1,307 feet east of Rodd Field Road, (the "Property"), from the "RS -4.5" Single -Family 4.5 District to the "RS-TH" Townhouse District (Zoning Map No. 040033 ), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for medium density residential uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0916-03 Palm Land Investments, Inc. (Sandy Creek)\Council Documents\Ordinance_0916-03 Palm Land Investments, Inc.docx Page 2 of 2 Aerial Overview Subject Property N 1 1 Aerial Townhouse Site Plan A II -- eletC112 CV C. resi•mffir. i Full Site Plan HOLLY ROAD DITCH #29 PLANNING COMMISSION FINAL REPORT Case No. 0916-03 HTE No. 16-10000034 Planning Commission Hearing Date: September 21, 2016 Applicant & Legal Description Applicant/Owner: Palm Land Investments, Inc. Representatives: Urban Engineering -Victoria Legal Description/Location: An 8.63 -acre tract of land out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Holly Road, approximately 1,307 feet east of Rodd Field Road. Zoning Request From: "RS -4.5" Single -Family 4.5 District To: "RS-TH" Townhouse Area: 8.63 acres Purpose of Request: To allow construction of 64 residential townhouses with single ingress/egress from Holly Road. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -4.5" Single -Family 4.5 Estate Residential and Vacant Low Density Residential North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "RS -4.5" Single -Family 4.5 Vacant Low Density Residential East "RS -4.5" Single -Family 4.5 Low Density Residential Low Density Residential West "RM -3" Multifamily 3 and "RM -1" Multifamily 1 Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for low density residential uses on Holly Road. The proposed rezoning to the "RS-TH" Townhouse District is not consistent with the adopted Future Land Use Map. Map No.: 040033 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the south side of Holly Road approximately 1,307 feet east of Rodd Field Road. The subject property has approximately 533 feet of street frontage along Holly Road, which the Urban Transportation Plan designates as an "Al" Minor Arterial Undivided street east of Rodd Field Road. The maximum desirable average daily trips (ADT) for a designated "Al" is 15,000 to 24,000 daily trips. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Holl Rd. y "A3" Primary Arterial Divided 130' ROW 79' paved 85' ROW 20' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -4.5" Single - Family 4.5 District to the "RS-TH" Townhouse District to allow the construction of 64 residential townhouses with access to Holly Road. Development Plan: The proposed rezoning is located south of Rodd Place Unit 2 and west of Sandy Creek Unit 1. The applicant is proposing residential townhouses on an 8.63 -acre tract of land. The townhouse project is proposed to consist of 64 units. The "RS-TH" District contains a maximum density of 13 units per acre, which would allow a maximum of 112 dwelling units on the subject property. At a minimum, the Unified Development Code would require a 10 -foot wide front yard. A minimum 10 -foot wide buffer yard plus at least 10 points based on the points listed in the table shall be required along the property lines abutting the "RM -3" Multifamily 3 District. No buffer yard is required between Townhouse and Single -Family zoning districts. The site is proposed to have a single ingress/egress access point from Holly Road. Existing Land Uses & Zoning: The subject property is zoned "RS 4.5" Single -Family 4.5 and consists of one abandoned estate residential use. North of the subject property, across Holly Road, are low density residential uses zoned "RS -6" Single - Family 6. South and east of the subject property is vacant land zoned "RS -4.5" Single - Family 4.5 District for the new Sandy Creek Subdivision. West of the subject property is vacant and zoned "RM -3" Multifamily 3 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RS-TH" Townhouse District is not consistent with the adopted Future Land Use Plan's designation of the property as low density residential. The following are pertinent elements of the Comprehensive Plan that should be considered: • New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. (Policy Statement, General Policy Statement D) • Encouraging infill development on vacant tracts within developed areas. (Policy Statements, Residential Policy Statement F) • Locating medium -density residential development along a collector street with convenient access to an arterial street. (Policy Statements, Residential Policy Statement H) Planning Commission Final Report Page 3 • The density of development in an area should be directly related to the design capacity of the infrastructure. (Policy Statements, Land Use Policy F) • Each neighborhood of the City shall be protected and/or improved so as to be a desirable and attractive residential environment. (Policy Statements, Residential Policy A) • High Density residential development (more than 21 units per acre) should be located with direct access to arterials. (Policy Statements, Residential Policy Statement E) • Providing for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low-density residential activities from incompatible activities (Southside ADP Policy Statement B.1) Plat Status: The subject property is not platted. Department Comments: • The proposed rezoning complies with the Comprehensive Plan. • The property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a low density residential use, however, the location on a future arterial road is appropriate for medium density residential uses and townhouses help buffer single-family uses from future multifamily uses to the west. • It is staff's opinion that the rezoning will not have a negative impact upon the surrounding neighborhood. • The amendment is compatible with the present zoning and conforming uses of the surrounding area and is suitable for uses permitted by the proposed zoning district. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -4.5" Single -Family 4.5 to the "RS-TH" Townhouse District. Vote Results For: 9 Absent: 0 Abstained: 0 Public Notification Number of Notices Mailed — 16 within 200 -foot notification area 4 outside notification area As of September 26, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.0% of the land within the 200 -foot notification area in opposition. Planning Commission Final Report Page 4 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0916-03 Palm Land Investments, Inc. (Sandy Creek)\Council Documents\Report.docx G-2 RM RM -3 F6111-1100 800 Feet Date Created: 9/8120 Prepared By: ivetteM Department of Development Services CASE: 0916-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 DIA Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PDD Planned Unit Dev. Overlay RS -10 Single -F amily 10 RS -6 Single -Family 6 RS -4.5 Sin g le -F amily 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse 5P Special Permit RV Recreational Vehicle Park RMH Manufactured Horne Subject Property ^ in with 200' Suffer v e7 favor ners 4 ay ners with do 200'tis[ed on y GW ners attached ownersh, [able /t ifi opposition SUBJECT ROPERTY r.M carp Der °6O LOCATION MAP m CIM rr 912: O FF` FPF r r.rr fikat auras IF11712C1 1rlIYrlralrlulrl HOLLY ROAD f dtliirPTINI7t5F5..• .... r T 11 10 11 2, 21 11 is 12 12 17 is 7 22 22 22 2a 2T L 7a 1 71 1 71 i ' a140 A4 fr EIE ®u 10 17 12 En EN Ell 21 11 - 12 17 2a 22 ti A 21 u 45 44 11 4 Ia 27 K 2s 21 4c* 2..‘f EIN 21 y, 21 72 DITCH #29 Development Services dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street RF ONING APPLICATION Case No. 1016-03 Map No.: 040033 PC Hearing Date: Sept. 21, 2016 Prej.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING, INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Urban Engineering - Victoria Mailing Address:2004 N. Commerce St. Contact Person : Ray M. Bridges, P.E. (Agent) city: Victoriastate: TX ZIP: 77901 Phone: ( 361 ) 578-9836 E-mail: Cel: ( 3+51 )576 9836 2. Property Owner(s): Palm Land Investments, Inc. Mailing Address: 5949 La Costa Drive Contact Person : Dan Caballero/President City: Corpus Christistate: TX ZIP: 78414 Phone: (361 ) 994-2860 E mail: Cell, ( 361 ) 994-2860 3. Subject Property Address: Holly Road Current Zoning €i< Use: RS -4.5 Single Family 4.5 Area of Request (SF/acres): 376,039 sf/8.63 acres Proposed Zoning & UseRS-TH Townhouse 12 -Digit Nueces County Tax ID 2476 0027 0032 & 2476-0027-0033 Subdivision Name: NIA Block: Legal Description if not platted: See attached Metes & Bounds with Exhibit Lot(s): 4. Submittal Requirements: ❑■ Early Assistance Meeting: Date Held 5125(16 , with City Staff Leticia Kanmore, MPA �■ Land Use Statement IF APPLICABLE' L■ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ® Disclosure of Interest ❑i Copy of Warranty Deed L Site Plan for PUD or Special Permit • Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) D Lien Holder Authorization • Appointment of Agent Form if landowner is not signing this form I cerci that I have provided the City of Corpus Christi with a complete application_forreview:_that Lacn authorized to initiate this rezoning as or behalf o Properly Owner(s); are•tt"ie informatiriii p ovided is v Owner or Age is Signature � °Z4iii Dt5 Owner or Agent's Printed Name Applica ignature 14-9 `/ / Applicant's Printed Name Office Use Only: Dale Received: 8/25/16 Rezoning Fee: 1692.50 + PUD Fee 0 Received By: BLP + Sign Fee 10.00 No. Signs Required 1 @ $10/sign Sign Posting Date: ADP: = Total Fee 1702.50 KLDEVELOPMENTSVCSISHAREDIL.ANO DEVELCPMENnAPPLICATION FORJ4Sl$EZONING\ZoNING APPLICATION 20 DOC Form Revised 512/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The property is located south of Holly Road and approximately 1,400 feet east of Rodd Field Road. This tract, which is a portion of the Sandy Creek residential development, is currently zoned RS -4.5 Single Family Residential, and the owner requests to rezone the tract as TH Townhouse. The owner plans to construct 64 residential townhouse dwelling units with single ingress/egress from Holly Road. One residential unit is currently located on the tract but will be demolished. 2. Identify the existing land uses adjoining the area of request: North - Holly Road & Single Family Residential (Rodd Place Unit 2) South - Ditch 29 & Single Family Residential (Morningstar Estates Unit 3) East - Single Family Residential (Sandy Creek Unit 1) West - Undeveloped Agriculture Property C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANN KA\LAND USE STATEMENT FOR ZON NG.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Ray M. Bridges, P.E. - Urban Engineering -Victoria Mailing Address: 2004 N. Commerce St. City: Victoria State: TX Zip: 77901 Home Phone: ( ) Business Phone: L361 ) 578-9836 CeII: 361 ) 550-3778 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. 1 understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other Iegal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference f4 ft LL f9 LL -i1 herein to , my , O_�rneis a referents tifthe entity. *Signature of Agent: -``_ Title: Vice President Printed/Typed Name of Agent: Ray M. BridgeDate: *Signature of Property Owner: Title: President Printed/Typed Name of Property Owner: Dan Caballero Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: "Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association, D. W. Brown.APPOINTMF NT OE AGF NT2. 19-09. doc DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Palm Land Investments, Inc. STREET: 5949 La Costa Drive crry: Corpus Christi zip: 78414 FIRM is: 0 Corporation °Partnership ()Sole Owner ° 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 NA Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NA Title 3o 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 NA Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name NA Consultant CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: Dan Caballero (Print Name) Title: Pl'fs@denL Signature of Certifying Person: Date: t H:LWEVELOPMENTSVCSISHAflEOILANOOEVELOPMENTIAPPI.ICATION FORM5IREZONINGIAISCLOSLIRE OF INTERESTS STATEMENT_5 12. c1i5.60C DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Urban Engineering - Victoria STREET: 2004 N. Commerce St. CITY: Victoria zip: 77901 FIRM is: ® Corporation ()Partnership Q Sole Owner C Association Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NA Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NA Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 39/ or more of the ownership in the above named "firm". Name NA Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Ray M. Bridges Certifying Person: (Print Name)_ Signature of Certifying Person: Title: Date: Vice President I<.4DEVELOPMENTSVCSISHAREDILAND DEVELOPMENTIAPPLICATION FORMSLREZONING\DISCLCSURE OF INTERESTS STATEMENT 5.12.2015.DOC e. f]et'etnpmtnl Services 21(16 Lenjsrrd Street, Corpus Christi, T\ 78408 l'hinttel (3( 1)'S2(,-32-10 tintu (Lt_.os vorn PEAK HOUT TRAFFIC (PDT) FORM A Traffic impact Ancil}sis (1 LA) detertniriaiion !MIST 112 made prior to the submittal ninny rezoning application, site plan or sircel closure request. The Peak [-sour Traffic Generation (PM ) Form is required to be completed liar developments that are projected to contain 500 or fewer weekday peat. liner (A.M. or P.M.) trips (ULC Section 3.29.44). Properly Aclriress holly Road Legal Description (Subdivision, Lot, Biotic). See attached Hetes and Sounds Applicant Name: Me, Engineering - Victone Address: 2004 td Commerce 5t. Telep hone: 361-579.9836 Email City/Slate/'Lip: Victoria, TX 77901 Application Status (Select One): El Rezoning 0. Site Pinii Slrcet Closure Existing Land Use ['incl Acres .`Lr Unit of Measure inning. Land Use 1T.E Code A.h,l. Trip Rate I'ettk A.M. Trips P.M. Trip Iintc Peal: P.M, ']gips J 8.23 Dwer irg 1frds - 32 R5•4 5 Sallie Farm f 21Q 0 71 25 1.42 { �L+7,u-b17 (IA '4416-‘tif Traci Acres unit el Measure tarviisp Land Use I '1- E. Corin A.M. 'Trip Rate Teak A.M. 'I'rips I'.M. °I rip [trite i'etk P.M. Trips 829 Ehiellirry Unis • 64 TH Townhousa 230 0.44 28 0.52 Total 78 Total Abutting Streets 01, La ir5 Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Holly Road Yes 20' exist (60' future) _ 80 Far City Use Only A 'l rabic Impact Analysis IS required. The consultant preparing the IV must meci with the City to discuss the scope and requirements of the analysis mar to beginning the TTA. A Trafiic Inlpacl fLtalysis is NOT required. The pi opined traffic generated does 1101 Eloxceerl Ilie established threshold. ThcTaaflic Impact Analysis has been tvaivt:d for the following rent:mi.$); Rcvictccd fly: (yam Dare: 4Ji/ Noe This completed and reviewed firm must accompany an) subsequent application for the Ifl1 N 1 ICAM. pneei. CIANGES 101h proposed project will rcquirr a new TUI determination to be made. +Al EXHIBIT "A" 8.63 ACRE ZONING TRACT THE STATE OF TEXAS} THE COUNTY OF NUECES} BEING a 8.63 Acre Zoning Tract situated in the City of Corpus Christi, Nueces County, Texas, out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts according to the established map or plat thereof as recorded in Volume "A", Pages 41-43 of the Map Records, Nueces County, Texas, being all of a called 4.00 acre tract of land, Exhibit "A", and a portion of a called 55.26 acre tract of land, Exhibit "B", described by Special Warranty Deed dated May 24, 2013, conveyed from Margo Lyn Moore to Palm Land Investments, Inc. as recorded in Document No. 2013020672 of the Official Public Records, Nueces County, Texas, said 8.63 acre tract being more particularly described by metes and bounds as follows: BEGINNING at the north corner of the aforesaid 4.00 acre tract, being along the current southwesterly right-of-way line of Holly Road, and being along the southeast line of the certain tract of land described as Tract 2, conveyed to Christy Peterson Brown as recorded in Document No. 811190 of the Official Public Records, Nueces County, Texas for the north corner of the herein described tract; THENCE, South 61°23'01" East, along the southwesterly right-of-way line of said Holly Road, a distance of 520.31 feet for the east corner of the herein described tract; THENCE, departing the southwesterly right-of-way of said Holly Road, over and into the remainder of the aforesaid 55.26 acre tract, the following four (4) courses and distances: • South 28°36'58" West, a distance of 148.51 feet for a point of curvature to the left for the herein described tract; • with a curve turning to the left, having an arc length of 54.56 feet, with a radius of 60.00 feet, with a delta angle of 52°06'06", having a chord bearing of South 02°33'55" West, and a chord length of 52.70 feet; • South 28°36'58" West, a distance of 502.65 feet for the south corner of the herein described tract; • North 61°23'02" West, a distance of 545.26 feet to a corner being along the northwest line of said 55.26 acre tract and along the southeast line of said Brown Tract for the west corner of the herein described tract; THENCE, North 28°45'53" East, along the northwest line of said 55.26 acre tract and said 4.00 acre tract, with the southeast line of said Brown Tract, a distance of 698.52 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 8.63 acre tract of land, more or less. Basis of bearing is based on the Texas State Plane Coordinate System (NAD 83), South Central Zone (4204). Reference is made to that Plat accompanying this Legal Description. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the grou r • under my sup ion in August, 2016 and are true and correct to the best of my knowledge and belief. Urb. Surveyi g, Inc. �i 2 Ili" By: erry T. Ruddick ` Registered Professional Land Surveyor Texas No. 4943 E21642.00 t.., orifjprvr f r. 40".TERRY T. RUDDICK %.40 4943 �j: %..,�. ssloP ' 0 300 600 GRAPHIC SCALE IN FEET CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH C1 60.00' 54 56' 52'06'06" 5 02`33'55" W 52 70' Morningstar Estates Unit 3 Morningstar Estates Unit 2 Morningstar Estates Unit 1 Lot 1, Block 1 St. Helena Church Tract MARGOL YNMOORE TO PALM LAND INVESTMENTS /NC SPEC/AL WARR4NTYDEED DOC.#2013020672 OFF/C/AL PUBLIC RECORDS EXHIBIT 'R" REMAINDER OF 55:26 ACRES LINE BEARING DISTANCE L1 S 28'36'58" W 148.51' BILL ✓ BROWN TO CHR/STY PETERSON BROWN DEED DOC#811190 OFF/C/AL RL/L/C RECORDS TRACT 2'LOTS 1 S2 SECT/ON27 N 28°45'53" E 698.52' 8.63 Acres 376039 Sq. Feet Zonino Tract MARGOL YNMOORE 70 PALM LANO/NVESTMENTS, /NC. SPECIAL WARRANTY" DEED DOC#201302067.2 OFF/C/AL PU8L/C RECORDS EXH/B/T f7" CALLEO4.O ,4CRES S 28°36'58" W 502.65' J MARBLE DRIVE 3ANCI 31INV JD L1 3nl J4 N3 10 318VS POINT OF BEGINNING 6£'039 3 „60e£Zo69 MMW CHEU ©HELaos 1— —WCM,U 6i39 PLYM 024 PLau G°.sisn G3©3 TORRENTE DRIVE EXHIBIT "B" - SKETCH TO ACCOMPANY BEING a 8.63 Acre Zoning Tract situated in the City of Corpus Christi, Nueces County, Texas, out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts according to the established map or plat thereof as recorded in Volume "A", Pages 41-43 of the Map Records, Nueces County, Texas, being all of a called 4.00 acre tract of land, Exhibit "A", and a portion of a called 55.26 acre tract of land, Exhibit "B", described by Special Warranty Deed dated May 24, 2013, conveyed from Margo Lyn Moore to Palm Land Investments, Inc. as recorded in Document No. 2013020672 of the Official Public Records, Nueces County, Texas. avO2i 1A1-1OH S380V NOIONIX31 usi URBAN SURVEYING INC. VICTORIA, TEXAS (361) 578-9637 CUERO, TEXAS (361) 277-9061 SAN ANTONIO, TEXAS (210) 267-8654 DRAWN BY: MKW FIRM # 10021100 FIRM # 10021101 FIRM # 10193843 JOB NO.: E21462 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 1, 2016 Second Reading for the City Council Meeting of November 15, 2016 DATE: October 6, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading Ordinance - Rezoning property located at 3838 Acushnet Drive CAPTION: Case No. 1016-02 Jose and Hector Sanchez: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as Lot 13, Block 7, Saratoga Weber Plaza, located on the north side of Acushnet Drive between Weber Road and Jefferson Street. PURPOSE: The purpose of this item is to allow construction of an automotive repair facility with services expanded beyond light repair work to include heavy vehicle services. RECOMMENDATION: Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Vote Results A% vote is needed due to opposition from owners totaling more than 20% of the land in the notification zone. For: 7 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CG -2" General Commercial District to the "IL" Light Industrial District to allow the construction of an automotive facility with both light and heavy vehicle services. The proposed rezoning is not consistent with Plan CC Future Land Use map's designation of the property as commercial. However, the properties to the east and west of the subject property were rezoned during the last six years for light industrial uses and the rezoning is not anticipated to have a significant change of impact upon the surrounding property. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Map and the Southside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ 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: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Jose and Hector Sanchez ("Owners"), by changing the UDC Zoning Map in reference to Saratoga Weber Plaza, Block 7, Lot 13 from the "CG -2" General Commercial District to the "IL" Light Industrial District; amending the Plan CC to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Jose and Hector Sanchez ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 5, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, and on Tuesday, November 1, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Jose and Hector Sanchez ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Saratoga Weber Plaza, Block 7, Lot 13, located on the north side of Acushnet Drive between Weber Road and Jefferson Street (the "Property"), from the "CG -2" General Commercial District to the "IL" Light Industrial District (Zoning Map No. 047035) as shown in Exhibit "A." Exhibit A, which is a map, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Plan CC, is amended to designate the Property for industrial land uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_Jose and Hector SanchezJose and Hector Sanchez Page 2 of 2 444* a M V U✓J C /' PROPER IL Acus CG -2 y ti GG -1 41 W R M Date Greater,: ` 9/30%2016 Pre ar B, : JeremyM, pa // n Devolop entyS\ ces/ ti i CASE: 1016-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:2,400 LOCATION MAP City of Corpus Christi EXHIBIT A Aerial Overview 1 N Aerial At N PLANNING COMMISSION FINAL REPORT Case No.: 1016-02 HTE No. 16-10000035 Planning Commission Hearing Date: October 5, 2016 Applicant & Legal Description Applicant/Representative: John Kendall Owner: Jose and Hector Sanchez Location: 3838 Acushnet Drive. Legal Description: Lot 13, Block 7, Saratoga Weber Plaza, located on the north side of Acushnet Drive between Weber Road and Jefferson Street. Zoning Request From: "CG -2" General Commercial District To: "IL" Light Industrial District Area: 0.661 acres Purpose of Request: To allow construction of an automotive repair facility with services expanded beyond light repair work to include heavy vehicle services. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial District Vacant Commercial North "CG -2" General Commercial District Commercial Commercial South "CG -2" General Commercial District and "IL" Light Industrial Medium Density Residential Commercial Commercial East "IL" Light Industrial Light Industrial Light Industrial West "IL" Light Industrial Light Industrial Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Plan CC Future Land Use map nor with the Southside ADP Development Plan. Map No.: 047035 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 120 feet of street frontage along Acushnet Drive, which is a "01" Minor Residential Collector street. The maximum average daily trips for a "01" is 1,000 to 3,000. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Acushnet Dr. "01" Minor Residential Collector 60' ROW 40' paved 57' ROW 37' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to "IL" Light Industrial District for allowance of a heavy vehicle service use. Heavy vehicle service use is not considered a general commercial use. Development Plan: The applicant proposes to rezone the subject lot, which is a part of the Saratoga Weber Plaza Subdivision, to the "IL" Light Industrial District. The lot equals 0.66 acres. The purpose of the rezoning is to construct a single story 5,000 square foot building to be used as an automotive repair facility to provide both light and heavy vehicle services. Existing Land Uses & Zoning: The subject property is vacant and zoned "CG -2" General Commercial District. North of the subject property is zoned "CG -2" General Commercial District with commercial use for a storage facility. The lots to the east and to the west are zoned "IL" Light Industrial District used as trade offices and a car body shop, respectively. South of the property is zoned "IL" Light Industrial District with a commercial use, and "CG -2" General Commercial with a medium density residential use where the Crosswinds apartments are present. AICUZ: The subject property is located within Accident Potential Zone -II (APZ-II) of the Navy's Air Installation Compatibility Use Zones (AICUZ). The proposed heavy vehicle service use is consistent with AICUZ guidelines for use in APZ-II (6.5 UDC).The Navy has commented and does not object to the proposed use. Plat Status: The subject property is platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the Future Land Use Plan's designation of the property as commercial. Several policy statements are available in Plan CC as well as the Southside Area Development Plan to ensure consistency of zone change requests with the Comprehensive Plan: • Be business -friendly. Establish a climate that attracts new industries and supports business growth and entrepreneurship as well as streamlined regulations that also protect environmental resources and quality of life. (Plan CC, Principles, page 15) Staff Report Page 3 • Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. (Plan CC, Goals, 1, page 50.) • Encourage orderly growth of new residential, commercial, and industrial areas. (Plan CC, Strategies, 4, page 50.) • High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. (Southside Area Development Plan, Policy Statement B.6) Department Comments: • The proposed rezoning of the subject lot is not consistent with the Plan CC Future Land Use map's designation of the property as commercial. • The properties immediately to the east and west of the subject property are both zoned "IL" Light Industrial District and have a similar use of vehicle service. • Industrial development is not compatible with the existing multi -family development across Acushnet Drive. • Heavy vehicle service is not a permitted use in the "CG -2" General Commercial District. • For heavy vehicle service, "IL" Light Industrial District would be a suitable use. • "IL" Light Industrial District zoning would conform to the surrounding east and west zoning and not significantly alter the present neighborhood conditions. • The properties to the east and west of the subject property were rezoned during the last six years for light industrial uses. Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "CG -2" General Commercial to "IL" Light Industrial District. Vote Results: For: 7 Opposed: 0 Absent: 0 Notification Number of Notices Mailed — 6 within 200' notification area; 4 outside notification area As of October 11, 2016: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 1 (inside notification area); 0 (outside notification area) For 32.06% in opposition. Staff Report Page 4 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. AICUZ Map 4. Application 5. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-02 Jose & Hector Sanchez (Acushne-John Kendall)\Council Documents\1016-02 Report to Council.docx RM-Datecrewt'd 973012myM026 / Prtear B, : Je�re, pa /� n Devolop entyS\ ces/ i CG -2 SP/0(3-05 CG -2 CG -2 SP/11-08 Sq, Rr. �q%,J,4 CG -1 SUBJ CT PROPER Y CG -1 CG -2 N n 400 800 Feet CASE: 1016-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition J LOCATION MAP YIN City of Corpus Christi CG -1 SUBJ CT PROPERTY / / MDate Created�913012016' - Prepared�B : Je'remyM 7 pa 1 % nT Devolohten`tyS%%ices ti / CASE: 1016-02 AlCUZ Runway Control Zone Zone 1 Zone 2 Map Scale: 1:2,400 WIN City of Corpus Christi LOCATION MAP .totvrWrmtni1tinnrctuwawuutvcwrmtn1wrrLiL,i1 rUnma+necun,m_.'4'r r Unrr1'-"l V r....., o....:..�.� cry REZONING APPLICATION >, n Development Services Dept. P.O Box 9277 Carpus Christi, Texas 76469-9277 (361) 826-3240 Located at 2406 Leopard Street >, O d 0 Case No.: 10/5/16 Map No.: q [ U 35 October 5, 2016 PC Hearing Date: Proj.Mgr: Hearing Location: Citv Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * 1NCOMPLETE APPLICATIONS WILL NOT 8E ACCEPTED. 1. Applicant:., //AJ �r�/��a�—�— Contact Person: HJ Mailing Address: S�4a' 5.7A/��'"��S- r P 3 City: ""./'j C'/Irr'r S i" State: 7X X ZIP: 7J T / 3 Phone: (3'/ ) faY-7�G`3 E-mail: Cell: (3G/ ) ' 2. Property Owner(s). 4P Contact Person Mailing Address 2 �. �_ �'�"� p'`' r City: Pv State. 72<' ZIP: 7��y Phone: ( ) E-mail Cell: ( ) 3. Subject Property Address: 3 J31 Area of Request (SF/acres): 2' 771 • G� Current Zoning & Use: C G ~2. Proposed Zoning & Use: /4 12-Digit Nueces County Tax ID: %3 2 - o o O - cy .3 D Subdivision Name' �f '/4r�G'Q � l 'Z4 Block: 7 Lot(s): r� Legal Description if not platted: 4. Submittal Requirements: Date Held dDisctosure is inconsistent with exhibit landowner : with City Staff ■ Early Assistance Meeting: Land Use Statement IF APPLICABLE: Peak Hour Trip Form (if request of Interest Copy of Warranty Deed with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit ■ Metes & Bounds Description if property includes un-platted land (sealed by RPLS) ■ Lien Holder Authorization Appointment of Agent Form if is not signing this form I certify that 1 have provided the City of Corpus Christi with a complete application forreview; t . t 1 am a o 'zed to initiate this rezoning as or on behalf of the Property Owner(s): and the inf rmation pro ded is ac' r- -. S1�E-z` Owner or Agent's Signature Apphiar�t' ign- ur- Owner or Agent's Printed Name Applicant' - nted Name `� d Office Use Only: Date Received. b" 3D ' Received By: k L p ADP: Rezoning Fee I. 0-7- S O + PUD Fee + Sign Fee l d • 0 = Total Fee t) 'j 7 . 5 �] No. Signs Requlred c $10/sign Sign Posting Date: .totvrWrmtni1tinnrctuwawuutvcwrmtn1wrrLiL,i1 rUnma+necun,m_.'4'r r Unrr1'-"l V r....., o....:..�.� cry LAND USE STATEMENT The property in question is .661 acres in area, and currently zoned CG -2, the applicant is requesting a change of zoning to IL light industrial. The applicant intends to build a single story 5,000 square foot building to be used as an automotive repair facility. Under the requirements of CG -2, zoning their facility will be limited in the types of repairs they can perform. The IL district would allow them the opportunity to do more than just light repair work and give them the ability to increase the amount of business they can do. Once the business is in full operation it will employ four people, and will be open from 8:00 am to 5:00 pm on Monday through Friday and 8:00 am till noon on Saturday. Land uses of the adjoining areas: North - CG -2 South - CG -2 East - IL West - IL DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: STREET: 2 S-25-- a -y4 ,G . CITY: C'..'te—PvS ervA-t sf/ ZIP: 76/. V(51 FIRM is: orporation °Partnership ()Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee /tfr 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE 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: 41,5 e_4; '7 Title: 0 GO Signature of Certifying Person: (Print Name) Date: K:IDEVELOPMENTSVCS4SHARED\LANC C EVELOPMEN PLICA'TION FORMSIREZON NGIDISCLOSURE OF INTERESTS STATEMENT 5 12.2015 DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with °NA". NAME: J+ er"j STREET: .9z -e S StAP,C0s*Sef CITY: C'st-his ,eFfrs-egr, j/K ZIP: Ye'' FIRM is:Vorporation OPartnership ()Sole Owner OAssociation OOther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 31/4 or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 31/4 or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 31 or more of the ownership In the above named "firm". Name Board, Commission, or Committee a/L•le't 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constituting 31/4 or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. f1.(l.1 Certifying Person (Print Name) Signature of Certifying Person; Title: Date: 4F -=?G--/6 k\DEVELOPMENTSVCSLSHAREDILAND DEV ELOPMENTWPPLICA-ION FORM$'REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2055 DOC Persons with disabilities planning to attend this meeting, who may require special services, are re;uested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con inca)ar;:dades, que tienen la intention de asistir.a este iunta_v que requieren servicios especiales, se les suplirs due den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al numero (36 826-3240. If you wish to address the Commission during the meeting and your English is limited, please cal the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be iresent during the meeting. Si usted desea dirigirse a la commission durante la junta y su ingles es limitacio f3vor de !lamer al deem:amento de servicios de desarrollo al numero (361) B26-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1016-02 Jose G. Sanchez and Hector V. Sanchez have petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. resulting in a change to the Future Land Use Map from commercial to Tight industrial uses. The subject property is located at 3838 Acushnet Drive. The property to be rezoned is described as. Lot 13, Block 7, Saratoga Weber Plaza, located on the north side of Acushnet Drive between Weber Road and Jefferson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 5, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: Psiere, c-/- j'/ lG Address: _ 7 pit, CitylState:.1 .194 ✓ v 54► 7X 7t/i- ( ) IN FAVOR KIN OPPOSITION Phone: 3 11-6 Fi" t REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 6 HTE# 16-10000035 Signatu Case No. 1016-02 Project Manager: Laura Sheldon AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 1, 2016 Second Reading for the City Council Meeting of November 15, 2016 DATE: October 6, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 701 East Port Avenue CAPTION: Case No. 1016-03 Durrill Farms, LLC: A change of zoning from the "IH" Heavy Industrial District to the "CI" Intensive Commercial District. The property to be rezoned is described as a 2.6 -acre tract of land out of Port Addition, Block 2, Lot 1, located between Port Avenue and Brewster Street and between Tancahua Street and Broadway Street. PURPOSE: The purpose of this item is to rezone the property to allow construction of a multi -use hotel/business/restaurant development. RECOMMENDATION: Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. Vote Results For: 5 Against: 0 Absent: 2 Abstained: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "CI" Intensive Commercial District to allow the construction of a multi -use hotel/business/restaurant development. The proposed rezoning is consistent with the newly adopted Plan CC Comprehensive Plan. The property is appropriately located for commercial uses at the intersection of an expressway and a secondary arterial. The rezoning is compatible with adjacent projects and character of the surrounding area. The rezoning is not anticipated to have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Central Business Area Development Plan. The proposed rezoning to the "CI" Intensive Commercial District is consistent with the adopted Future Land Use Map and the Central Business Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ 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: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Durrill Farms, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.6 -acre tract of land out of Port Addition, Block 2, Lot 1, from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District; amending the Plan CC to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Durrill Farms, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 5, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District, and on Tuesday, November 1, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Durrill Farms, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.6 -acre tract of land out of, Port Addition, Block 2, Lot 1, located between Port Avenue and Brewster Street and between Tancahua Street and Broadway Street (the "Property"), from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District (Zoning Map No. 045046), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan also known as Plan CC, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-03 Durrill Farms, LLC\Council Documents\Ordinance_1016-03_Durrill Farms, LLC.docx Page 2 of 2 EXHIBIT "A" Tract 1: Field note Description for a 2.6 acre tract of land out of Lot 1, Block 2, Port Addition, a Subdivision of the City of Corpus Christi,Texas recorded Jn Volume 63, Pages 8889, Nueces County, Texas, Map Records, and being more particularly described by METES AND BOUNDS as follows: BEGINNING ata 518" iron rod set at the intersection of the north right-of-way line of Brewster Street and the Northwest right -of way line of U.S. Highway 181,for the southeast and beginning corner of the tract herein described. THENCE South 78° 52' 48" West, with the north right-of-way line of said Brewster Street, a distance of 345.46 feet to a 5/8" 'ron rod found for the P.C. of a curve to the right at Is intersection with the west right. of -way line of Tancahua Street, for a corner of the tract herein described; THENCE in a westerly and northwesterly direction with the arc of said curve to the right whose Central Angle Is 90° 00' 00", whose Radius Is 20.00 feet, an Arc Distance of 3142 feet to a 5/8" Von rod, the P.T. of said curve for a corner of the tract herein described; THENCE, North 11° 07' 12" West, with the east of right-of-way line of said Tancahua Street, a distance of 72.59 feet to a 5/8" Iron rod found for corner, the PT. of a curve to the right, for a corner of the tract herein described; THENCE, Ina northerly direction with the arc of said curve the right, whose Central Angle Is 9° 49' 00", whose Radius is 770.00 feet, and Arc Distance of 131.93 feet to a 5/8" 'ron rod set for the P.T. of said curve and for a corner of the tract herein described; THENCE, North 1° 18' 12" West, with the east right-of-way line of said Tancahua Street, a distance of 66.09 feet to a 5/8" iron rod set for the P.C. of a circular to the right for a corner of the tract herein described; THENCE in a Northerly, Northeasterly and Easterly direction, with the arc of said curve to the right, whose Central Angle is 90° 00' 00", whose Radius is 20.00 feet, an Arc Distance of 3142 feet of the P.T. of said curve and for a corner of the tract herein described; THENCE, North 88° 41' 48" East, with the south right of way line of East Port Avenue, a distance of 274.10 feet to a 5/8" iron rod set for a corner, the P.C. of a circular curve to the left for a corner to the tract herein described; THENCE, in a Northeasterly direction with the Arc of said curve to the left, whose Central Angle Is 16° 36' 59", whose Radius is 535.00 feet, an Arc Distance of 155.16 feet to a 5/8" iron rod set in the west right -of. way line of U.S. Highway 181 un upper level, ground level retained by Port of Corpus Christi,Texas, and for the northeast corner of the tract herein described; THENCE, in a Southerly or Southwesterly direction with the west right of way lines of U.S. Highway 181, with the Arc of a circular curve to the left whose Central angle is 4° 40' 30", whose Radius is 3,374.18feet, an Arc Distance of 275.32 feet to the POI NTOF BEGINNING. CONTAINING 2.6 ACRES OF LAND MORE OR LESS NOTE: Company is prohibited from insuring the area or quantity of the land described herein. Therefore, Company does not represent that the acreage orsquare footage calculations are correct. References to quantity are for informational purposes only. Tract 2: Field note Description for a 0.64 acre tract of land out of Lot 1, Block 2, Port Addition, a Subdivision of the City of Corpus Christi ,Texas, recorded in Volume 63, Page 89, Nueces County, Texas, Map Records, said 0.64 acre tract located northeast of the east end of Brewster Street In the ground level of U.S. Highway No. EXHIBIT "A" continued 181 and more particularly described by METESAND BOUNDS as follows; BEGINNING at the intersection of the north right-of-way line of said Brewster Street and the west right -of way fine of ground level U. S. Highway 181,for the southwest and beginning corner of the tract herein described; THENCE In a northeasterly direction with the west right-of-way of ground level U.S. Highway No.181,and with the east line of present Lot 1, Block 2, and with the Arc of a circular curve to the right whose Central Angle Is 4° 40' 30", whose Radius is 3,374.18 feet, an Arc Distance of 275.32 feet to a 5/8" Von rod set h the south line of East PortAvenue Access and Utility Easement as per Document No.2004007487, Nueces County, Texas Deed Records for the Northwest corner of the tract herein described; THENCE h a northeasterly direction with the south right-of-way line of said East PortAvenue Access and Utility Easement and with the Arc of a circular curve to the left whose Central Angle is 6° 23' 01", whose Radius is535.00 feet, an Arc Distance of 59.61 feet to the P.T. of said curve and for a corner for a corner of the tract herein described; THENCE North 65° 41'48" East, with the Southeast right-of-way line of said East Port Avenue, a distance of 126.12 feet to a 5/8" iron rod set for the northeast corner of the tract herein described; THENCE South 28° 26' 07" West, with a line that is approximately 15 feet northwest of and .parallel to the Centerline of a railroad spar, a distance of 353.00 feet to a 5/8" ron rod set for corner In the P.C. of a circular curve to the left for a corner of the tract herein described; THENCE in a Southwesterly direction with the Arc of said curve to the left whose Central Angle Is 2° 01' 21", whose Radius is 765.75 feet, an Arc distance of 27.03 feet to a 5/8" ron rod set for the southwest corner of the tract herein described; THENCE South 78° 52' 48" West, a distance of 44.10 feet to the Point of Beginning, Upper level used by Texas Department of Transportation U.S. Highway 181,ground level use retained by Port of Corpus Christi Authority. Containing 0.64 acres of land more. or less. NOTE: Company Is prohibited from insuring the area or quantity of the land described herein. Therefore, Company does not represent that t/1 e acreage orsquare footage calculations are correct. References to quantity are forinfonnat/onal purposes only. POINT OF BEGINNING 4 EXHIBIT B PORT AVENUE _ 0 50' 50' PORTION OF LOT 1 (2.60 ACRES) ,poEs) (y/01 I, ALBERT E. FRANCO, JR., REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DRAWING WAS PREPARED FROM SURVEYS MADE ON THE GROUND UNDER MY SUPERVISION, AND THAT SAID DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE, THIS THE 29th DAY OF AUGUST 29, 2016 0 E. HALM 00. ad14/f, ALBERT E. r A900, JR.- 4.P.L.S. TEXAS REGISTRATION NO. 4471 10 NOTES: - GRAPHIC SCALE 60 LEGEND AND ABBREVIATIONS 120' PROPERTY UNE • PROPERTY CORNER FOUND • PROPERTY CORNER SET ADJACENT PROPERTY LINE VOL 713, PG 594-599, 0.8.6.0.0. RIGHT -OF --WAY - CENTERLINE ROADWAY DEED RECORDS, NUECES COUNTY, 0.6.6 0.7, TEXAS MAP RECORDS, NUECES COUNTY, M.R.N.C.T. TEXAS 1. BASIS OF BEARING OF THIS SURVEY IS THE NORTH UNE OF LOT 1, BLOCK 2, PORT ADDITION, AS SHOWN ON THE PLAT OF LOTS 1, 2, AND 3, BLOCK 1, AND LOT 1, BLOCK 2, PORT 40011109; RECORDED IN VOLUME 63, PAGE 89, MAP RECORDS, NUECES COUIVIY, TEXAS. PROPERTY CURVE TAB CURVE RADIUS (R) LENGTH (L) DELTA ANGLE (o) TANGENT (T) CHORD BEARING (CB) CHORD LENGTH (CL) C1 535.00' 155.16' 163659" 78.13' N 80'23'18 E 154.61' C2 3,374.17' 275.32' 44030" 137.73' S 111615" W 275.24' C3 20.00' 31.42' 900000" 20.00' N 56'07'12" W 28.28' C4 770.00' 131.93' 94900" 66.13' N 61242" W 131.77' 05 20.00' 31.42' 900000" 20.00' N 434148" E 28.28' PROPERTY L1145 TABLE LINE BEARING DISTANCE L1 N 88'41'48" E 274.10' L2 S 785248" W 345.46 L3 N 11'07'12" W 72.59' L4 N 11812" W 66.09' 91088 LJA Engineering, Inc. 820 8211210 Seeet Phone 381.887.8861 Corpus Christi, Texas 78401 Fax 361.887.8859 5890 658 Reg. • F-1386 TBPLS Firm Reg. 810018600 REZONING APPLICATION METES AND BOUNDS DRAWING ITRAT'Etr-20 158 ' 0922-15024 Aerial Overview 1 N Aerial PLANNING COMMISSION FINAL REPORT Case No. 1016-03 HTE No. 16-10000036 Planning Commission Hearing Date: October 5, 2016 Applicant & Legal Description Applicant/Owner: Durrill Farms, LLC Representative: LJA Engineering/Clinton McAdams Legal Description/Location: Being a 2.6 -acre tract of land out of Lot 1, Block 2, Port Addition, located between Port Avenue and Brewster Street and between Tancahua Street and Broadway Street. Zoning Request From: "IH" Heavy Industrial District To: "Cl" Intensive Commercial District Area: 2.6 acres Purpose of Request: To allow construction of a seven -story hotel. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IH" Heavy Industrial District Public/Semi-Public Commercial North "IH" Heavy Industrial District Commercial and Public/Semi-Public Tourist South "IH" Heavy Industrial District Commercial Commercial East "IH" Heavy Industrial District Public/Semi-Public Commercial West "IH" Heavy Industrial District Public/Semi-Public Parking Lot ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Central Business Area Development Plan (ADP) and is planned for commercial uses. The proposed rezoning to the "Cl" Intensive Commercial District is consistent with the adopted Future Land Use Map and the Central Business Area Development Plan. Map No.: 045046 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 450 feet of street frontage along Port Avenue, which the Urban Transportation Plan designates as an "A2" Secondary Arterial Divided street; 300 feet along Brewster Street, which is designated as a local residential street, and 400 feet along Tancahua Street, which is designated as a "01" Minor Residential Collector street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Port Avenue "A2" Secondary Arterial Divided 100' ROW 54' paved 95' ROW 45' paved N/A Brewster Street Local Residential 50' ROW 28' paved 55' ROW 30' paved N/A Tancahua Street "01" Minor Residential Collector 60' ROW 40' paved 55' ROW 35' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District to allow the construction of a seven -story hotel. Development Plan: The applicant is proposing a seven story, 156,667 square foot hotel with 196 rooms. It will include 7,890 square feet of office space and meeting space along with a 3,995 square foot restaurant. At a minimum, the Unified Development Code would not require any setbacks due to surrounding heavy industrial districts surrounding the lot. A buffer yard of 10 feet with 5 points would be required along the property lines abutting the "IH" Heavy Industrial District. The proposed development will have a height of 78 feet and 6 inches, not including the 5 foot parapet. Existing Land Uses & Zoning: The subject property is a parking lot and zoned "IH" Heavy Industrial District. All of the surrounding property is in the "IH" Heavy Industrial District. North of the subject property is Whataburger Field and Hurricane Alley. West of the subject property is a parking lot owned by the Nueces County Navigation District and to the south is Brewster Street Ice House. There is a strip of the parking lot adjacent and to the east of the subject property not owned by the applicant. Further east of Highway 181 is zoned "Cl" Intensive Commercial and consists of the "S.E.A." District (Sports, Entertainment and Arts). AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Area Development Plan and is designated for commercial uses. The proposed rezoning to the "Cl" Intensive Commercial District is consistent with the Plan CC and the Future Land Use Map. Additionally, the following are pertinent elements of Plan CC that should be considered: • Support market diversification by the tourism industry.(Plan CC, Element 4, Goal 1, Strategy 2) • Support the marketing and expansion of the tourist and convention businesses. (Plan CC, Element 4, Goal 1, Strategy 4) • Promote financial incentives for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. (Plan CC, Element 4, Goal 2, Strategy 2) • Encourage the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. (Plan CC, Element 4, Goal 2, Strategy 3) • Encourage improvements of the port area and its facilities according to the Port of Corpus Christi's Strategic Plan. (Plan CC, Element 4, Goal 7, Strategy 1) • Support the marketing of the convention business through strategic planning and continued implementation for promoting the development of meeting facilities in the area and for the most cost effective use of the Convention Center, meeting facilities, and cultural facilities.(Plan CC, Element 4, Goal 9, Strategy 3) • In order to ensure that development and redevelopment within the Central Business area will eliminate blighting influences of outmoded and inefficient development patterns, the following land use techniques shall be required for all development: (POLICY LU 1.3, Central Business Area Development Plan) o Create a walkable, pedestrian-oriented and transit-supportive urban environment. o Conserve land, energy, and natural resources through reduced automobile usage and advanced techniques such as onsite low- impact stormwater design techniques where practicable, and concentrate intensive land uses around existing public and private infrastructure so as to take advantage of the value of such investment. o Promote a mix of tourist, retail, entertainment, residential, and civic uses in the Central Business area and provide an aggregation of commercial uses in centers; avoid the use of any additional new strip-commercial development along right-of-ways. • Plan and provide for a functional 24-hour Central Business area with residential and non-residential mixed use centers, containing areas of different densities, architectural styles, and land uses. Emphasize conflict-free, ADA-accessible, pedestrian-oriented planning techniques to enhance connections between Downtown and Uptown and promote a uniquely attractive atmosphere for small and large-scale tourist attractions and local businesses. (OBJECTIVE UD 1, Central Business Area Development Plan) • Provide diversity, not homogeneity, with a variety of building types in an attractive urban environment utilizing form, color, materials, building orientation, variation in building height, placement, and siting, and by arranging buildings in a regular patterns that are unbroken by parking lots and locating parking behind all uses for new development. Where parking garages are developed, the first floor of any parking garage must be constructed to ultimately provide mixed commercial/office uses on the first floor street level. (POLICY UD 1.3, Central Business Area Development Plan) • Pursue the development of a comprehensive "Complete Streets" program and design within the Central Business area boundaries. Pedestrian corridors should provide a strong, pedestrian -oriented environment for people of all ages and diverse forms of mobility. (POLICY UD 1.4, Central Business Area Development Plan) • The City Council adopts Figure 6 "Central Business Multi -Modal Transportation Map" as the guide for future multi -modal transportation decisions in the Central Business area. The transportation network of this Plan constitutes additional planning and implementation measures for the Central Business area in addition to those outlined under the City's adopted Urban Transportation Plan. (POLICY TD 1.1, Central Business Area Development Plan) Plat Status: The subject property is platted. Replatting may be required at the Building Permit stage in order to ensure adequate utility easements for potential public improvements. Department Comments: • The rezoning is consistent with the Comprehensive Plan. • The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The property being rezoned is suited for the uses permitted by the requested district, "Cl" Intensive Commercial District. • The rezoning does not have a negative impact upon the surrounding neighborhood. • Applicant has provided a Memorandum of Understanding between Whataburger Field and Hurricane Alley with an agreement of shared parking for the hotel for 200 parking spaces. • Although a hotel use is an acceptable use for a commercial district, the proposed seven story hotel and mixed commercial use may incur a higher traffic count for surrounding area. Staff Recommendation: Approval of the change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. Public Notification Number of Notices Mailed — 10 within 200 -foot notification area 2 outside notification area As of October 6, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-03 Durrill Farms, LLC\PC Documents\Report for PC.docx _.�y; , o• >- ! J —....,,,o., 6, * �85S_ Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: Map No.: PC Hearing Date: Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Durrill Farms, LLC Contact Person .William R. Durrill, Jr. Mailing Address:615 S. Upper Broadway City: Corpus Christi state: TX ZIP: 78401 Phone: ( 361 ) 884-8857 E-mail: Cell: ( ) 2. Property Owner(s): Durrill Farms, LLC Contact Person :William R. Durrill, Jr. Mailing Address: 615 S. Upper Broadway city:Corpus Christi State: TX ZIP:78401 Phone: 3(61 )884-8857 E-mail: Cell: ( ) /01 E. Port Avenin 60 Between E. Port Ave., N. Tanacahau St., Brewster St., & US 181 3. Subject Property Address: Area of Request (SF/acres): Current Zoning & Use: IH - Parking Lot Proposed Zoning & Use: CI - Hotel 12 -Digit Nueces County Tax ID: 6903 - 0002 - 0012 Subdivision Name: 2.60 acres out of Port Addition Block: 2 Lot(s): 1 Legal Description if not platted: 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held 11/10/15 ;with City Staff Steven Rhea, Gilbert Garza, Miguel Torres, Alyssa Barrera 0 Land Use Statement 0 Disclosure of Interest 0 Copy of Warranty Deed IF APPLICABLE: 0 Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) IN Site Plan for PUD or Special Permit ■ Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization • Appointment of Agent Form if landowner is not signing this form I certify that I have provided the 'ty of Corpus Christi with a complete application for re as n behalf of the Property Owner(s); and the irtifor o A iir "ew; that I am authorized to initiate this rezoning rovide. is accurate. Oor Agent's SignatureOF A.. ' - • a ure am R. Durrill, Jr. & James Gourley William R. Durrill, Jr. & James Gourley Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee + Sign Fee = Total Fee No. Signs Required @ $10/sign Sign Posting Date: K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTAPPLICATION FORMS\REZONING\ZONING APPLICATION 2015.DOC Form Revised 5/12/2015 NAME: DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". Durrill Farms, LLC STREET: 615 S. Upper Broadway FIRM is: Corporation Partnership CITY: Corpus Christi Zip: 78401 Sole Owner Association ( )Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: William R. Durrill, (Print Name) Signature of Certifying Person: K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTW LICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC r: Title: Vice -President Date: LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Durrill Farms, LLC is requesting a zoning change from Heavy Industrial (IH) to Commercial Intensive (CI) for a proposed development on the subject property, Port Addition, Block 2, Lot 1, located adjacent to US Highway 181. The requested zoning change will coincide with the existing zoning of Commercial Intensive (CI) on the east side of US Highway 181. The proposed development will be a seven (7) story, 156,667 square foot Hotel. The Hotel will consist of 196 rooms, 7,890 square feet of office and meeting space, and a 3,995 square foot restaurant. The proposed development will have a height of 78'-6", not including the 5' parapet. The proposed development will remove 153 parking spaces from the existing parking facility which contains 305 parking spaces; these spaces will be compensated for by a shared use parking agreement. Signage will be approved by Development Services during the construction permitting process. Construction of the hotel is scheduled to begin in May, 2016 and the anticipated completion date is November, 2017. Completion of proposed utility work is expected in October, 2016. The hotel will remain open 24 hours a day and provide 60 full-time equivalent employment opportunities. 2. Identify the existing land uses adjoining the area of request: North - IH South - IH East - CI West - IH C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMENT FOR ZONING.DOC DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Durrill Farms, LLC STREET: 615 S. Upper Broadway FIRM is: Corporation Partnership CITY: 615 S. Upper Broadway Sole Owner ZIP: 78401 Association ° Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James Gourley Title: President (Print Name) Signature of Certifying Person: Date: 8/2-7//.e K:\DEVELOPMENTSVCS\SHARED\LAND DEVELO \APPLICATION FORMS \REZONING\DISCLOSIIRE OF INTERESTS STATEMENT_5.12.2015.DOC DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: N/A - Between E. Port Ave., N. Tanacahau St., Brewster St., & US 181 Legal Description (Subdivision, Lot, Block): 2.6 Acres out of Part Addition, Block 2, Lot 1 Applicant Name: Durrill Farms, LLC Address: 615 S. Upper Broadway City/State/Zip: Corpus Christi, TX 78401 Telephone: (361) 884-8857 Email: Application Status (Select One): ❑X Rezoning El Site Plan EIStreet Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 2.60 196 rooms IH Parking Lot N/A 0.52 102 0.61 120 80 100 Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 2.60 196 rooms CI Hotel 310 0.52 102 0.61 120 80 100 Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) E. Port Avenue 2 Exist. & 1 prop. 46 70 N. Tanacahua Street No 36 60 Brewster Street Existing Varies (26) 60 US 181 No 80 100 For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with pithe City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. ITRAT'Etr-20 158 ' 1,114▪ . 0822-15824 POINT OF BEGINNING PORT AVENUE _ 0 PORTION OF LOT 1 (2.60 ACRES) - -EE1 souLs) (y/01 I, ALBERT E. FRANCO, JR., REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DRAWING WAS PREPARED FROM SURVEYS MADE ON THE GROUND UNDER MY SUPERVISION, AND THAT SAID ORAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE, THIS THE 29th DAY OF AUGUST 29, 2016 0 E. FPALEO. 00. ALBERT E. F A900, JR.- 4.P.L.S. TEXAS REGISTRATION NO. 4471 uut:T)„,:it:t 00' 15 NOTES: - 0999910 SCALE 60 LEGEND AND ABBREVIATIONS 120' PROPERTY UNE • PROPERTY CORNER FOUND • PROPERTY CORNER SET ADJACENT PROPERTY LINE VOL 713, PG 594-599, 0.8.6.0.0. RIGHT—OF--WAY - CENTERLINE ROADWAY DEED RECORDS, NUECES COUNTY, 0.6.6 0.7, TEXAS MAP RECORDS, NUECES COUNTY, M.R.N.C.T. TEXAS 1. BASIS OF BEARING OF THIS SURVEY IS THE NORTH LINE OF LOT 1, BLOCK 2, PORT ADDITION, AS SHOWN ON THE PLAT OF LOTS 1, 2, AND 3, BLOCK 1, AND LOT 1, BLOCK 2, PORT ADDITION; RECORDED IN VOLUME 63, PAGE 89, MAP RECORDS, NUECES COUIVIY, TEXAS. PROPERTY CURVE TAB CURVE RADIUS (R) LENGTH (L) DELTA ANGLE (3) TANGENT (T) CHORD BEARING (CB) CHORD LENGTH (CL) C1 535.00' 155.16' 163659" 78.13' N 80'23'18 E 154.61' C2 3,374.17' 275.32' 44030" 137.73' S 111615" W 275.24' C3 20.00' 31.42' 900000" 20.00' N 56'07'12" W 28.28' C4 770.00' 131.93' 94900" 66.13' N 61242" W 131.77' 05 20.00' 31.42' 900000" 20.00' N 434148" E 28.28' PROPERTY LUSE TABLE LINE BEARING DISTANCE L1 N 88'41'48" E 274.10' L2 S 785248" W 345.46 L3 N 11'07'12" W 72.59' L4 N 11812" W 66.09' 51088 LJA Engineering, Inc. 820 8211210 Street Phone 381.887.8861 Corpus Christi, Texas 78401 Fax 361.887.8859 9890 658 Reg. 80.1386 TBPLS Firm Reg. 810018600 REZONING APPLICATION METES AND BOUNDS DRAWING PORT AVENUE o �4� HREWSTER STREET_ PRELIMINARY PENSIONS \- [.SANG a HP WS GAS LEGEND PROPOSED WASTEWATER LINE PROPOSED WATER LINE PROPOSED FIRE HYDRANT 10FUTURE WATERLINE EASEMENT LJA Engineering, Inc. LA 820 Buffalo Street Phone 361 887 8851 Corpus Christi, Texas 78401 Fax 3618878855 TBPE Firm Reg.# F-1386 TBPLS Firm Reg. #10016600 HASPING 2- WS CAS — GRAPHIC SCALE 50' II HOSPITALITY HILTON HOTEL IOD' onin A ication E ibit DRAWN BY. GV APPROVED Br. CAN n. I /11/11 SHEET no. 1 OF 1 June 22, 2016 Sea District Hotel Group, LP CC Hurricane Alley, Ltd. • Corpus Christi Baseball Club, LP Re: Parking Lot Agreement Dear Sirs: This letter will serve to confirm the terms of the Agreement between CC Hurricane Alley, Ltd. d/b/a Hurricane Alley Water Park ("Hurricane Alley"), Sea District Hotel Group, LP ("HoteI Group") and Corpus Christi Baseball Club, LP d/b/a The Hooks ("Hooks). Each of these entities intends to use the parking areas owned by the Port of Corpus Christi and currently under lease to Corpus Christi Baseball Club, LP by Lease dated between the Hooks and the Port of Corpus Christi. The parties desire to specify and state that Agreement regarding parking lots as follows: 1. Hotel Group will install electronic ingress and egress gates to the parking lot at its sole expense. Access will be by use of cash, credit cards, tokens, or debit cards, and Hotel Group will maintain records of the parking lot income. 2. On Hooks game days and events promoted by the Hooks at Whataburger Field, ingress and egress to the parking lots will be controlled by the Hooks, who will collect and retain revenue. On any Hooks event in which all parking spaces sell out, Hotel Group will pay Hooks $1,500. 3. All funds will be deposited into an account maintained by Hurricane Alley, and a system will be put into place which allows all parties access to the account for verification of funds associated with any activities or daily use of the parking lots. 4. Operation of the parking lot will be as follows: a. The Hooks will be responsible for cleaning the parking lots as necessary. b. Hotel Group will be responsible for maintaining gates it installs for ingress and egress. c. Hurricane Alley will be responsible for accounting for expenses and revenues. d. The Hooks will receive a management fee equal to 3% of revenue generated by each party. e. As to all other expenses and costs, each party will be responsible for expenses, including maintenance and repairs, based upon their proportional use of the parking lot, based on income derived from the parking lot. No expenditure can be made for sharing operations costs in excess of $10,000.00 without written approval of all parties. However, the parties agree that capital improvements during the first five (5) years of the Agreement will be 25% Hurricane Alley, 25% Hotel Group and 50% Hooks, and thereafter based on proportional use of the parking lot based on income derived from the parking lot. f. Usage by each entity, maintenance costs, repairs costs, and a future schedule of capital improvements will be reviewed at the end of November each year during the term of the agreement. At that time changes to this agreement can be made subject to the agreement by all parties. 5. This Agreement is subject to the current Iease agreement between Corpus Christi Baseball Club, LP and the Port of Corpus Christi for the use of the parking lot and, therefore, the Port of Corpus Christi must approve this Agreement before it is effective. The term of this Agreement is from the date of the Port of Corpus Christi's approval, until termination of the current lease agreement. 6. All parties agree to account for any expenditures for operations and for income received for the use of the parking lots. 7. All parties shall allow access to other parties to any records reasonably requested or necessary to verify expenditures and/or income. 8. All Parties agree that Hotel Group will have Z04: the Hotel. Dated: Dated: 6 (L jf(, / (e reserved spaces located nearest CC Hurricane Alley, Ltd. By: CC Water Park, LLC Its: General Partner By: Its: ( OA ` eifi '( Corpus Christi Baseball Club, LP By: Michael Wood Its: General Manager. Dated: ��/.‘ Its: tit)/ 1 ., Sea District Hotel Group, LP By: Its:��f/G/I/tL- /1'`� CASE: 1016-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table in opposition SUBJECT PROPERTY LOCATION MAP City of Corpus Christi AGENDA MEMORANDUM Action Item for the City Council Meeting of 11/01/16 DATE: October 21, 2016 TO: Margie Rose, City Manager FROM: Gilbert Hernandez gilberth@cctexas.com (361) 826-2540 RECOGNIZING THE IMPORTANCE OF MUNICIPAL COURTS CAPTION: Resolution recognizing the importance of Municipal Courts, the Rule of Law, and the Fair and Impartial Administration of Justice. PURPOSE: Municipal courts throughout the State of Texas are an important part of the justice system. In lieu of national events that have brought negative feelings of the justice system, through this resolution, we ask that City Council publicly demonstrate their recognition of the importance of the Municipal Court. BACKGROUND AND FINDINGS: To celebrate Municipal Court Week, TMCEC, in collaboration with stakeholders across the state, has prepared a model resolution which allows city councils to publicly demonstrate their recognition of the importance of municipal courts, the rule of law, and the fair and impartial administration of justice. In light of increased media focus on indigence issues, TMCEC believes now is the time for cities across the Lone Star State to reflect and rededicate themselves to the fundamental ideals which make up the proper foundation of local courts in Texas. The resolution recognizes the important work of municipal courts and the people who work in the courts. It embraces the principle of judicial independence. It succinctly states the proper relationship between city council and the municipal court. It makes clear that in Texas, the procedures of municipal court operation are determined by state law. Lastly, it is an opportunity for the city council to demonstrate their recognition of procedural safeguards for all defendants, including indigent defendants, and to show support of the municipal court in independently applying all laws in a way that promotes public confidence in the integrity and impartiality of the judiciary. TMCEC encourages all cities to adopt the model resolution in recognition of Municipal Court Week 2016. TMCEC strongly encourages all cities in Texas to participate in and celebrate Municipal Court Week 2016. ALTERNATIVES: Request a proclamation be accepted by Mayor Nelda Martinez. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council may support and adopt the proposed resolution demonstrating the importance of the Municipal Court. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable No financial impact. Comments: RECOMMENDATION: Staff recommends the City Council approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution — Recognizing the Importance of MC Resolution recognizing the importance of Municipal Courts, the Rule of Law, and the Fair and Impartial Administration of Justice. WHEREAS, municipal courts play a significant role in preserving public safety and promoting quality of life in Texas; WHEREAS, more people come in contact with municipal courts than all other Texas courts combined and public impression of the Texas judicial system is largely dependent upon the public's experience in municipal court; WHEREAS, the City of Corpus Christi hosts the Corpus Christi Municipal Court since January 3, 1900; WHEREAS, state law authorizes a municipality to either appoint or elect a municipal judge for a term of office, the Corpus Christi Municipal Court is a state court and its judges are members of the state judiciary; WHEREAS, the procedures for the Corpus Christi Municipal Court operations are set forth in the Texas Code of Criminal Procedure and other laws of the State of Texas; WHEREAS, the City of Corpus Christi is committed to the notion that our legal system is based on the principle that an independent, fair, and competent judiciary will interpret and apply the laws that govern us and that judges and court personnel should comply with the law and act in a manner that promotes public confidence in the integrity and impartiality of the judiciary; WHEREAS, Corpus Christi Municipal Judges are not policy makers for the City of Corpus Christi but are bound by the law and the Canons of Judicial Conduct and are required to make decisions independent of the governing body of the City Council, city officials, and employees; WHEREAS, the City Council recognizes that the Constitution and laws of the State of Texas contain procedural safeguards in criminal cases for all defendants, including indigent defendants, and supports the Corpus Christi Municipal Court in complying with such legal requirements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: THE WEEK OF NOVEMBER 7 — 11, 2016 IS HEREBY RECOGNIZED AS MUNICIPAL COURT WEEK IN RECOGNITION OF THE FAIR AND IMPARTIAL JUSTICE OFFERED TO OUR CITIZENS BY THE MUNICIPAL COURT OF CORPUS CHRISTI. Page 1 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 25, 2016 Action Item for the City Council Meeting of November 1, 2016 DATE: October 12, 2016 TO: FROM: Margie C. Rose, City Manager Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Certification of 2016 Tax Levy CAPTION: Motion approving the 2016 Property Tax Levy of $114,816,809.63 based on the adopted property tax rate of $0.606264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. PURPOSE: Approval of the certified tax levy by the governing body is required by the Texas Property Tax Code and is the last step in complying with the "Truth -in -Taxation" guidelines as it relates to the adoption of a property tax rate and the assessment of property taxes. BACKGROUND AND FINDINGS: The Texas Property Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2016 that is based upon a property tax rate of $0.606264 per $100 valuation and a taxable value of $19,565,729,131 is as follows: Tax Levy $73,724,841.31 44,895,130.75 $118,619,972.06 136,438.43 (3,939,600.86) $114,816,809.63 Component Supporting the City's maintenance and operations ($0.376806) Supporting the City's debt service ($0.229458) Add: Net Late Rendition Penalty — Personal Property Accounts Less: Over-65/Disabled Homestead Frozen Levy Loss 2016 Ad Valorem Tax Levy As can be seen above, additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. Additionally, the over-65/disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year 2016-2017 reflects the effect of the twelfth year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: Fiscal Year Levy Loss FY 2016-2017 $ 3,939,600.86 FY 2015-2016 $ 3,265,194.37 FY 2014-2015 $ 2,246,329.44 FY 2013-2014 $ 1,579,763.73 FY 2012-2013 $ 1,225,650.00 FY 2011-2012 $ 1,508,251.05 FY 2010-2011 $ 1,663,133.81 FY 2009-2010 $ 1,740,803.00 FY 2008-2009 $ 1,500,521.56 FY 2007-2008 $ 1,210,235.01 FY 2006-2007 $ 650,650.57 FY 2005-2006 $ 396,701.13 It should also be noted that property taxes budgeted in the FY 2016-2017 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $19,517,112,807 — made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $19,565,729,131 include 100% of the values of the properties not under protest and 100% (versus 85%) of the properties under protest. This accounts for the $48,616,324 increase in assessed values certified by the Nueces County Tax Office. In the FY 2016-2017 budget adopted by the City Council on September 20, 2016, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment Zone #2, and Reinvestment Zone #3) was $111,563,578. When comparing this figure to the certified ad valorem tax levy of $114,816,810, the collection rate certified for the year must be considered. The collection rate certified by the Nueces County Tax Office for FY 2016-2017 is 100%, but a more conservative collection rate of 97.5% was used in the calculation of property tax revenue in the City's operating budget. By applying a 97.5% collection rate to the certified levy, the resulting "net" levy is calculated to be $111,851,310 — which is $287,732 more than the total ad valorem tax revenue adopted in the FY 2016-2017 budget of $111,563,578, a difference of less than 0.26%. Therefore, no budgetary adjustments for the FY 2016-2017 ad valorem tax revenue are needed at this time. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 111,563,578 $ - $ 111,563,578 Encumbered/Expended amount of (date) - - - - This item - $ - $ - $ - BALANCE - $ 111,563,578 $ - $ 111,563,578 FUND(S): 1020 "General Fund" $ 67,845,000 2010 "Debt Service Fund" $ 41,314,000 1111 "Reinvestment Zone #2" $ 1,800,000 1112 "Reinvestment Zone #3" $ 604,578 COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Tax Levy for the Tax Year 2016 Nueces County Courthouse 901 Leopard, Suite 301 Corpus Christi, TX 78401 Kevin Kieschnick Assessor and Collector of Taxes CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2016 CITY OF CORPUS CHRISTI Total Appraised Value @ 100% of Market Value Less: Partial Exemptions Ag -Use account value loss and abatements Total Net Appraised Value Assessment Ratio Total Taxable Value 2016 Adopted Tax Rate 2016 Ad Valorem Tax Levy Less: Over-6'5/Disabled Homestead Frozen Levy Loss Plus: Late Rendition Penalty - Personal Property Accounts Less: 5% of Late Rendition Penalty to the Appraisal District Plus: Late Ag Penalty 2016 Total Ad Valorem Tax Levy $ 25,607,749,208 $ 6,042,020,077 $19,565,729,131 100% $19,565,729,131 .606264 /$100 $ 118,619,972.06 $ 3,939,600.86 $ 142,553.71 $ 7,127.69 $ 1,012.41 $ 114,816,809.63 Submission of the Tax Levy for 2016 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e) of the Texas Property Tax Code. Kevin Kieschnick Nueces County Tax Assessor-Colle for SWORN AND SUBSCRIBED TO before me at Corpus Christi, Texas this ay of September, A.D., 2016.. LETICIA T. ACEVEDO _ Notosy Public, State of Texas My Commission Expires July 27, 2017 Administration (361) 888-0307 (361) 888-0308 THE STATE OF TEXAS COUNTY OF NUECES Notary Public, State of Texas The Tax Levy is hereby approved by the. City of Corpus Christi City Council on this A.D., 2016 ATTEST: City Secretary, City of Corpus Christi For information contact: voice ,fax Motor Vehicle (361) 888-0459 (361) 888-0482 day of Mayor, City of Corpus Chrsiti Property Tar (361) 888-0230 (361) 888-0218 Voter Registration (361) 888-0404 (361) 888-0339 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 1, 2016 Action Item for the City Council Meeting of November 15, 2016 DATE: TO: October 18, 2016 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $46,226.82 for the Violence Against Women (VAWA) Program within the Police Department with a cash match of $20,000.52 and an in-kind match of $6,900.00 fora total project cost of $73,127.34; appropriating the $46,226.82 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $20,000.52 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $73,127.34. 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 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 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 $20,000.52 $20,000.52 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $46,226.82 for the Violence Against Women (VAWA) Program within the Police Department with a cash match of $20,000.52 and an in-kind match of $6,900.00 for a total project cost of $73,127.34; appropriating the $46,226.82 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $20,000.52 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $73,127.34. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $46,226.82 to continue the Violence Against Women Formula Grant (VAWA) within the Police Department with a cash match of $20,000.52 and an in-kind match of $6,900.00 for a total project cost of $73,127.34. SECTION 2. That $46,226.82 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department. SECTION 3. The transfer of $20,000.52 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $73,127.34. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Office of the Governor Page 1 of 2 Statement of Grant Award (SOCA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the 000 Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part I, Chapter 20, Subchapter 1 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the 000 was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The 000 reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: 1517118 10 17 2016 09.012016-08.312017 11 29.2017 WF -Violence Against Women Formula Grants Corpus Christi, City of Victim Assistance Program Donald Stout 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 16.588 - Violence Against Women Formula Grants U.S. Department of Justice, Office on Violence Against Women 9.272016 2016 -WF -AX -0034 810,698,475.00 Texas Office of the Governor No Criminal Justice Division (CJD) S46,226.82 820,000.52 86,900.00 873,127.34 https:. /egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=8&gh=61-96-10-BF-... 10/18/2016 Office of the Governor Page 2 of 2 Federal/State The STOP Program continues to encourage the development and implementation of effective, victim Award Description: centered law enforcement, prosecution, and court strategies to address violent crimes against women and the development and enhancement of victim services in cases involving violent crimes against women. It envisions a partnership among law enforcement, prosecution, courts, and victim services organizations to enhance victim safety and hold offenders accountable for their crimes against women. https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=8&gh=61-96-10-BF-... 10118'2016 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 1, 2016 Second Reading Ordinance for the City Council Meeting of November 15, 2015 DATE: TO: Margie C. Rose, City Manager 10/18/16 FROM: Arlene Sones, City Auditor arlenas@cctexas.com 826-3661 Approval of 2017 Annual Audit Plan CAPTION: Ordinance to approve the 2017 Annual Audit Plan. PURPOSE: To request approval of the 2017 Annual Audit Plan by City Council in accordance with the Code of Ordinance Chapter 12 1/2 City Auditor. BACKGROUND AND FINDINGS: In developing this audit plan, we sought input from the Mayor, City Council, the City Manager and the Executive Team. We developed this plan based on areas considered to be of highest risk to the City. The proposed audit plan was approved by the Audit Committee on October 11, 2016. Chapter 12 1/2 Section 2 (h) (1) of the City Code of Ordinance requires the City Auditor to submit an annual audit plan to the Audit Committee for review and comment prior to submitting it to the full City Council for approval. ALTERNATIVES: City Council could revise this plan by adding or removing audit projects. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 1/2 City Auditor EMERGENCY / NON -EMERGENCY: Non -Emergency two readings DEPARTMENTAL CLEARANCES: Audit Committee FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X❑ Not applicable Fiscal Year: 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: Approval of Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Ordinance to approve the 2017 Annual Audit Plan 2017 Annual Audit Plan Ordinance to Approve the 2017 Annual Audit Plan. Whereas, Section 12 1/2 -2 (h) (1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each calendar year, the City Auditor shall submit an Annual Audit Plan to the City Council through the Council Audit Committee for review and comment; Whereas, the Council Audit Committee reviewed and approved the 2017 Annual Audit Plan at its meeting on October 11, 2016; Whereas, the Council Audit Committee shall forward the Annual Audit Plan to the City Council for City Council review and final approval; Be it ordained by the City Council of the City of Corpus Christi Texas: Section 1. That the City Council has reviewed and does approve the 2017 Annual Audit Plan, copy attached as Exhibit A. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter 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 Michael Hunter PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Exhibit A City Auditor's Office 2017 Annual Audit Plan Item No. Department & Audit Area Audit Objectives Estimated Hours 1 City-wide Contract Administration Are departments and contractors in compliance with major expenditure contract terms? 800 2 Parks and Recreation Latchkey Program Are sufficient controls in place over program revenue? 500 3 Parks and Recreation Sports Facility Leases Are contract leases for sports facilities equitable? Do they protect the City's interests? 600 4 Police Department Property Room Are sufficient controls in place over the evidence and property room function? 600 5 Housing and Community Development Assistance Programs Are sufficient controls in place over the accounts receivable function of various assistance programs? 500 6 Fleet Maintenance Fuel Allocations Are Fleet fuel expenses appropriately budgeted and allocated to departments? 340 7 Multiple 2016 Annual Audit Plan Holdovers 300 Estimated Hours Audits 3,640 Follow-ups, Cash Counts, and Hotline Investigations F1 Aviation Leases Evaluate status of prior audit recommendations 100 F2 Aviation Rental Car Agencies Evaluate status of prior audit recommendations 100 F3 Public Works Street Construction Evaluate status of prior audit recommendations 100 F4 Municipal Court Fee Collections Evaluate status of prior audit recommendations 100 F5 Utilities Utility Rate Model Evaluate status of prior audit recommendations 100 F6 Development Services Funding Evaluate status of prior audit recommendations 100 CA Unannounced Cash Counts Are cash funds intact? 100 FR City Auditor Hotline Investigations Investigate allegations of fraud, waste, or abuse. 860 Estimated Hours Follow-up, Cash Count, Hotline Investigations 1,560 2017 Audit Plan Total Hours 5,200 Direct Hours Per Year 5,200 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 1, 2016 Action Item for the City Council Meeting of November 15, 2016 DATE: November 1, 2016 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Water Utilities DanG(c�cctexas.com (361) 826-1718 Maria Pedraza, Procurement Manager MariaPecctexas.com (361) 826-3176 FIRE HYDRANTS SUPPLY AGREEMENT CAPTION: Motion approving a supply agreement with HD Supply Waterworks, Ltd., a Florida limited partnership, with a branch in Corpus Christi, Texas as HD Supply Waterworks, for fire hydrants in accordance with Request for Bid No.126 based on the lowest, responsive responsible bid for an estimated annual expenditure of $178,690.00, of which $148,908.34 will be funded in FY2016-2017. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the approval of the supplier and the City Manager or designee. PURPOSE: The fire hydrants will be purchased into warehouse inventory and used by the Water Department for new and replacement installations. BACKGROUND AND FINDINGS: The Water Department determines locations for new fire hydrants based on various factors, including development of an area and proximity to existing hydrants. Worn and damaged fire hydrants are replaced as required. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $2,800,000.00 $372,270.83 $3,172,270.83 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $148,908.34 $387,161.66 $536,070.00 BALANCE $2,636,200.83 $0.00 $2,636,200.83 Fund(s): Stores Fund Comments: The initial contract term total is $178,690.00, of which $148,908.34 will be funded in FY2016-2017. The total contract expenditure will be up to $536,070.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION BID EVENT NO. 126 FIRE HYDRANTS Recorded By: Jamye Clark HD Supply Water Titan Pipe & Supply Unit Price Extended Price Unit Price Extended Price ITEM DESCRIPTION QTY. UNIT 2324 3' Bury Fire Hydrant Improved Mechanical Joint 20 EA $1,395.00 $27,900.00 $2,260.98 $45,219.60 2325 3.5' Bury Fire Hydrant Improved Mechanical Joint 30 EA $1,425.00 $42,750.00 $2,316.06 $69,481.80 2326 4' Bury Fire Hydrant Improved Mechanical Joint 30 EA $1,465.00 $43,950.00 $2,371.14 $71,134.20 2327 4.5' Bury Fire Hydrant Improved Mechanical Joint 20 EA $1,495.00 $29,900.00 $2,426.22 $48,524.40 2328 5' Bury Fire Hydrant Improved Mechanical Joint 12 EA $1,545.00 $18,540.00 $2,481.30 $29,775.60 2329 5.5' Bury Fire Hydrant Improved Mechanical Joint 10 EA $1,565.00 $15,650.00 $2,536.38 $25,363.80 TOTAL: $178,690.00 $289,499.40 SUPPLY AGREEMENT NO. 764 FIRE HYDRANTS THIS Fire Hydrants Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and HD Supply WaterWorks ("Supplier'), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Fire Hydrants in response to Request for Bid No. 126 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Fire Hydrants in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then - current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $178,690.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 7 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name Robert Presnell Department Warehouse Stores Phone 361-826-1750 Email RobertPR©cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 7 D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Robert Presnell Warehouse Store Keeper 1201 Leopard Street, Corpus Christi, TX 78401 361-826-3174 IF TO SUPPLIER: HD Supply WaterWorks Attn: Paul Rodriguez Branch Manager 7425 Leopard Street, Corpus Christi, TX 78410 361-239-6544 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 7 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 7 SUPPLIER Signature: Printed Name: Loren Miller Title: District Manager Date: 10 October 2016 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 126 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 7 ATTACHMENT A - SCOPE OF WORK 4.1 General Requirements/Background Information The Contractor shall provide Fire Hydrants as outlined in this Scope of Work. 4.2 Scope of work This Scope of Work describes fire hydrants and includes sections on type, functional and performance requirements. These hydrants are to be used by the City of Corpus Christ for new and replacement installations, for municipal water distribution and fire service. These specifications describe fire hydrants and include sections on type, functional and performance requirements. Hydrants shall comply with specification AWWA C-502, with latest revisions. Hydrants shall be of the traffic model type equipped with a safety flange or collar on both the Hydrant barrel and stem. 4.3 Functional and Performance Requirements 1. Type of shutoff - The shutoff shall be of the compression type only. 2. Inlet connection - The inlet shall be ASA -A21.11, with latest revision mechanical joint for size six inch, Class 150, cast iron pipe. A complete set of joint material shall be furnished with each hydrant. 3. Delivery classifications - Each hydrant shall have two -hose nozzles and one - pumper nozzle. Nozzle shall be readily replaceable threaded or camlocked into hydrant body. 4. Bury length - The hydrants shall be furnished in bury length as specified in Attachment B, Bid Price Schedule. 5. Diameter (nominal inside) of hose and pumper nozzles - The hose nozzle shall be two and one-half inches inside diameter and the pumper nozzle shall be four inches inside diameter. 6. Hose and pumper nozzle threads - The hose nozzles shall have two and one- half inch National Standard Thread (seven and one-half threads per inch). The pumper nozzle shall have six thread per inch with an outside diameter of 4.658 inches, pitch diameter of 4.543 inches and a root diameter of 4.406 inches. 7. Harnessing lugs - None required. 8. Nozzle cap gaskets - Required. 9. Tapping of drain opening - Tapping of the drain opening for pipe thread is not required. 10. Drain opening - Required. 11. Direction to open - The hydrants shall open left (counter clockwise). 12. Color of finish above ground line - That portion of the hydrant above the ground line shall be painted chrome yellow. 13. Shape and size of the operating and cap nuts - The operating and cap nuts shall be tapered pentagon one and one-fourth inch point to face at base and one and one-eighth inch point to face at top of the nut. 14. Nozzle cap chains - Hydrants shall be furnished without nozzle cap chains. 15. Size of hydrant valves - The main valve opening shall not be less than five and one-quarter inches inside diameter. 16. Valve facing - The main valve facing of the hydrant shall be rubber with 90 + one Durometer hardness. When the main valve lower washer and stem nut are not an integral casting then the bottom stem threads shall be protected with a ductile and/or bronze cap nut and a stainless steel and/or bronze lock nut. 17. Barrel sections - The hydrant shall be made in two or more barrel sections with flanges connecting the barrel to the elbow and to the packing plate. 18. Breakable coupling - Hydrants shall be equipped with a breakable coupling on both the barrel section and the stem. These couplings shall be at least two inches above the finished grade line. The coupling shall be designed so that in case of traffic collision the barrel and stem collar will break before any other part of the hydrant breaks. 19. Hydrant adjustment - The hydrants shall be designed as to permit its extension without excavating after the hydrant is completely installed. 20. Breakable collars - Barrel and stem - Weakened steel or weakened cast iron bolts that are used in the breakable barrel couplings will not be acceptable. 21 Operating stem - Stems that have operating thread located in the waterway shall be made of manganese bronze, everdure, or other high quality non - corrodible metal. Stems that do not have operating threads located in the waterway must be sealed by a packing gland or 0 -ring seal located between the stem threads and the waterway. Iron or steel stems shall be constructed with a bronze sleeve extending through the packing gland or 0 -ring seal area. The sleeve shall be of sufficient length to be in the packing or 0 -ring seal in both open and closed positions of the main valve. The sleeve shall be secured to the steel stem so as to prevent water leakage between the two when subjected to 300 pounds hydrostatic test pressure. 22. Drain valve mechanism - Drain valves operating through gravity are not acceptable. 23. Operating stem nut - The operating stem nut shall be designed to prevent seepage, rain or sleet and the accumulation of dust between the operating nut and the hydrant top. The operating stem nut shall be made of bronze. 24. Fire hydrants having the threaded part of the stem at the hydrant top shall be equipped with a packing gland or an 0 -ring seat immediately below the threaded section of the stem. 25. The valve seat ring shall not be made an integral part of the shoe. The valve seat ring shall be bronze and shall thread into a bronze drain ring. 4.4 Data to be furnished by the contractor 1. The Contractor shall upon request furnish two sets of prints showing complete details and dimensions of the hydrant. 2. The Contractor shall upon request furnish one certified copy of physical tests of all metals used in the manufacture of the fire hydrant that is normally manufactured and that will meet the requirements specified in the Agreement. 3. The Contractor shall upon request furnish the City a certified letter of compliance stating that their fire hydrant meet the requirements specified in the Agreement. ATTACHMENT B- BID PRICE SCHEDULE Response For Supplier: HD Supply WaterWorks Event # : 126-0 Name: Fire Hydrants Reference: 31212 Description: Twelve month supply agreement for Fire Hydrants with an option to extend for up to 2 additional twelve month periods subject to the approval of the Supplier and the City Manager or designee. Preview Date: Open Date: 05/07/2016 08:00:00 AM Close Date: 05/25/2016 11:00:00 AM Responded To: 6 Out of 6 Lines Total Bid Amount: 178,690.00 USD Q & A Open Date: 05/07/2016 08:00:00 AM Q & A Close Date: 05/12 2016 05:00:00 PM Dispute Close Date: Question Responses Question Answer Attachment Please download the attachment titled RFB Fire Yes Hydrant and complete all required documents, and upload as an attachment. 2016 Annual Hydrant bid.pdf Response Attachments Attachment medal lion-2e879e7d.pdf Line Responses Event # 126-0: Fire Hydrants Line 1: 3 Foot Bury Fire Hydrant Item: 2324 HYDRANT FIRE 3' Commodity Code: 340-60 Quantity: 20.0000 Hydrants, Fire (Including Accessories and Parts) Bid Quantity: 20.0000 No Charge: No Vendor Item: 605366M3CLMEDCC UOM: EA Unit Price: 1,395.00000 No Bid: No CLOW MED. 3'0" BURY CC HYDRANT Extended Price: 27,900.00 Line 2: 3-1/2 Foot Bury Fire Hydrant Item: 2325 HYDRANT FIRE 3 1/2 Commodity Code: 340-60 Quantity: 30.0000 Hydrants, Fire (Including Accessories and Parts) UOM: EA Bid Quantity: 30.0000 No Charge: No Vendor Item: 605426M3CLMEDCC Unit Price: 1,425.00000 No Bid: No CLOW MED. 3'6" CC HYDRANT Extended Price: 42,750.00 Line 3: 4 Foot Bury Fire Hydrant Item: 2326 HYDRANT FIRE 4' Commodity Code: 340-60 Hydrants, Fire (Including Accessories and Parts) Quantity: 30.0000 UOM: EA Bid Quantity: 30.0000 No Charge: No Vendor Item: 605486M3CLMEDCC Unit Price: 1,465.00000 No Bid: No CLOW MED. 4'0" CC HYDRANT Extended Price: 43,950.00 Line 4: 4-1/2 Foot Bury Fire Hydrant Item: 2327 HYDRANT FIRE 4 1/2' Commodity Code: 340-60 Quantity: 20.0000 Hydrants, Fire (Including Accessories and Parts) UOM: EA Event # 126-0: Fire Hydrants Bid Quantity: 20.0000 No Charge: No Vendor Item: 605546M3CLMEDCC Unit Price: 1,495.00000 No Bid: No CLOW MED. 4'6" CC HYDRANT Extended Price: 29,900.00 Line 5: 5 Foot Bury Fire Hydrant Item: 2328 HYDRANT FIRE 5' Commodity Code: 340-60 Hydrants, Fire (Including Accessories and Parts) Quantity: 12.0000 UOM: EA Bid Quantity: 12.0000 No Charge: No Vendor Item: 605606M3CLMEDCC Unit Price: 1,545.00000 No Bid: No CLOW MED. 5'0" CC HYDRANT Extended Price: 18,540.00 Line 6: 5-1/2 Foot Bury Fire Hydrant Item: 2329 HYDRANT FIRE 5 1/2' Commodity Code: 340-60 Quantity: 10.0000 Hydrants, Fire (Including Accessories and Parts) UOM: EA Bid Quantity: 10.0000 No Charge: No Vendor Item: 605666M3CLMEDCC Unit Price: 1,565.00000 No Bid: No CLOW MED. 5'6" CC HYDRANT Extended Price: 15,650.00 ATTACHMENT C- INSURANCE REQUIREMENTS NO INSURANCE REQUIRED FOR THIS AGREEMENT ATTACHMENT C- BOND REQUIREMENTS NO BOND REQUIRED FOR THIS AGREEMENT. ATTACHMENT D- WARRANTY REQUIREMENTS CLOW Clow Vaive Co. 902 South 2nd Street Telephone: 641 673-8611 Oskaloosa, IA 52577 Fax: 641 673-8269 CLOW MEDALLIONTM HYDRANT TEN YEAR LIMITED WARRANTY Clow Valve Company warrants that its Clow Medallion Fire Hydrant will be free from defects in material and workmanship under normal and customary use and maintenance for a period of ten (10) years from the date of shipment, provided the hydrant is installed and maintained according to Clow instructions, and applicable codes. The foregoing warranty does not cover failure of any part or parts from external forces, including but not limited to earthquake, vandalism, vehicular or other impact, application of excessive torque to the operating mechanism or frost heave. Should any Clow Valve Company part or parts fail to conform to the foregoing warranty, Clow shall, upon prompt written notice thereof, repair or replace, F.O.B. point of manufacture, such defective part or parts. Purchaser shall, if requested, return the part or parts to Clow, transportation prepaid. Purchaser shall bear all responsibility and expense incurred for removal, reinstallation and shipping in connection with any part supplied under the foregoing warranty. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS. IN NO EVENT SHALL CLOW VALVE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES. Forms provided by Texas Ethics jtommission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 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 FILING Certificate Number: 2016-60354 Date Filed: 05/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HD Supply WaterWorks Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of Corpus Christi 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, Or other property to be provided under the contract. RFS No. 126 Fire Hydrants 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there is NO Interested Party. only X 6 ' " I swear, oda(fir OE LEE WAITE IE under penal of pe ' that the above disclosure is true and correct. le My Cookuion Employ Nyvoirdmo 24.2011 Signature o thorized agent of contra business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 0: geeG CALc/ this the a Li day of »JO , 20}4p , to certify which, witness my hand and seal of office. d b.r zt Efairoe O e Q p 4 AAli 4.1.17,04,1:i/ Signature of officer admin ;ter g oath Printed name of officer admini ring a Title of officer admini nng oath f Forms provided by Texas Ethics jtommission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 1, 2016 Action Item for the City Council Meeting of November 15, 2016 DATE: TO: October 20, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@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: Developer's Agreement Downtown Streets — Chaparral project BOND 2008, Proposition 1 Motion authorizing the City Manager, or designee, to execute a developer's agreement with Cosmopolitan Corpus, LLC. of Corpus Christi, Texas in the amount of $142,235.89 for work associated with the Downtown Streets — Chaparral project. (BOND 2008 Proposition 1). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an agreement for sidewalk and landscape construction associated with the Downtown Streets - Chaparral project. (BOND 2008 Proposition 1). BACKGROUND AND FINDINGS: This agreement is necessary to complete the final construction associated with the Downtown Streets — Chaparral (Bond 2008) project. The Chaparral Phase 1 project included the reconstruction of the street and sidewalks from Schatzel to Williams. This completes the one block of sidewalk, landscaping and miscellaneous improvements adjacent to the Cosmopolitan building frontage along Chaparral from Lawrence to Mesquite. The Cosmopolitan building located along Chaparral (from Schatzel to Lawrence Street) began major renovation project at the same time as the City's Chaparral Phase 1 Street Reconstruction project. The Cosmopolitan project is a major building overhaul that required closure of Lawrence Street for public safety and closure of sidewalks adjacent to the building. This prevented completion of the City Chaparral street project work for the sidewalk, landscaping, and miscellaneous improvements. With the extended construction timeline of the Cosmopolitan project, the City removed the sidewalk, landscaping and miscellaneous improvements adjacent to the Cosmopolitan from the Bond project to avoid increased cost and delays. The work was deferred to a future potential agreement with the developer, or another construction contract. The Cosmopolitan project is finally nearing completion and an agreement was reached for a fair and reasonable price to complete the final sidewalk, landscaping, etc. This agreement provides for reimbursement to the developer upon successful completion of the work in accordance with the City's plans and specifications. ALTERNATIVES: 1. Authorize execution of agreement. 2. Do not authorize execution of agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2016- 2017 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 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0 $142,235.89 $142,235.89 Encumbered / Expended Amount 0 0 49,895 This item 0 142,235.89 142,235.89 Future Anticipated Expenditures This Project 0 0 0 BALANCE $0 $0 $0 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends this agreement with Cosmopolitan LLC. in the amount of $142,235.89 for the Downtown Streets - Chaparral BOND 2008 project. LIST OF SUPPORTING DOCUMENTS: Agreement Form 1295 Location Map CHAPARRAL SIDEWALK IMPROVEMENTS AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Chaparral Sidewalk Improvements Agreement (this 'Agreement") is entered into between the City of Corpus Christi, Texas (the "City"), Realtex Construction, LLC, a Texas limited liability company ("Realtex"), Cosmopolitan Corpus, LLC, a Texas limited liability company ("Owner"), and TPEG Cosmo Completion, LLC, a Texas limited liability company ("TPEG Completion'), and pertains to construction of sidewalk improvements on Chaparral Street between Lawrence Street and Schatzell Street in Corpus Christi, Texas. WHEREAS, voters approved the Downtown Streets — Chaparral from Williams to Schatzell improvement project (the "Bond Project") in Bond 2008, Proposition One; WHEREAS, the Bond Project included new curbs, widened sidewalks, textured concrete and/or pavers, street pavement. street lights and traffic control, new trees, shrubs, irrigation and landscape lighting: WHEREAS, Reytec Construction was awarded the construction contract for the Bond Project on September 16, 2012; WHEREAS, Owner originally had streetscape improvements planned for Chaparral Street, Lawrence Street and Mesquite Street; WHEREAS, in August 2013, Realtex anticipated demolition of the existing building located at the corner of Chaparral Street and Lawrence Street to begin in October 2013 and requested that the City delay the major improvements to the sidewalk on Chaparral Street adjacent to the Cosmopolitan; WHEREAS, the City removed the line items necessary to complete the sidewalk improvements adjacent to the Cosmopolitan from the scope of the Bond Project; and WHEREAS, Owner contracted with Realtex to build The Cosmopolitan of Corpus Christi (the "Cosmopolitan") at 401 North Chaparral Street, which is within the boundaries of the Bond Project; WHEREAS, as of April 15, 2016, Realtex assigned all of its right, title and interest under its construction contract with Owner to TPEG Completion; WHEREAS, TPEG Completion has contracted with Bridgeview Construction, LLC ("Bridgeview") to act as a construction manager to assist TPEG Completion in completing construction of the Cosmopolitan; Page 1 of 7 4133782v.1 4313/0002 WHEREAS, Realtex, Bridgeview and any subcontractors engaged by Realtex or TPEG Completion have the qualifications and experience to perform the sidewalk improvements on Chaparral Street; and WHEREAS, the City is able to contract with Realtex and TPEG Completion to act as the City's agent in the construction of the sidewalk improvements pursuant to Local Government Code section 271.908; NOW, THEREFORE, the parties hereto (the "Parties') agree as follows: Section 1. Term. This Agreement is effective upon execution by the City Manager or his/her designee and shall continue in force for one year from the effective date or until completion of the Project, whichever date occurs first. Section 2. Scope of the Project. The sidewalk improvements (the "Work") to be performed by Realtex and TPEG Completion are detailed in Exhibit A. Section 3. Obligations of City. A. City will provide Realtex and TPEG Completion with a copy of the plans and specifications created by Gignac and Associates for the sidewalk improvements of the Chaparral Street Improvements, Bond 2008. The plans for the Work are attached as Exhibit A. B. City may inspect the construction of the Work. C. City shall perform a final inspection of the Work upon notification that the Work has been completed. D. City shall reimburse Owner up to $142,235.89 for the Work upon final inspection and acceptance by the City. Section 4. Obligations of Realtex and TPEG Completion. A. Realtex and TPEG Completion agree to comply with section 271.908 of the Local Government Code relating to procurement of the Work. B. Realtex and Owner shall be solely responsible for funding the construction of the Work, subject to reimbursement by the City up to an amount not to exceed $142,235.89. C. Realtex and TPEG Completion shall utilize the City -owned materials in their possession to complete the Work. A list of the City -owned materials is attached as Exhibit B. Page2of7 4133782 .1 4313/0002 C. TPEG Completion shall notify City upon completion of the Work so that the City can perform a final inspection. D. Realtex and TPEG Completion shall each submit an affidavit of no Liens and an invoice to the City with respect to the portion of the Work performed by each. Realtex and TPEG Completion shall each also provide a one-year warranty to the City with respect to the portion of the Work performed by each. Upon receipt of the foregoing items and acceptance of the Work, City shall promptly pay Owner an amount not to exceed $142,235.89. E. Realtex and TPEG Completion each agree to the indemnification and insurance provisions, as shown in Exhibit C. The insurance coverage must be acceptable to the City's Risk Manager. Section 5. General Terms and Conditions: A. Entire Agreement. This Agreement contains the entire agreement of the Parties and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. This Agreement can be amended only by written agreement signed by the Parties. This Agreement supersedes all other agreements between the Parties concerning the subject matter hereof. S. Assignment. This Agreement and the rights of Realtex, the Owner, and TPEG Completion may be assigned, subject to the prior written consent of the City, which consent will not be unreasonably withheld. Any assignment will be in writing, will specifically set forth the assigned rights and obligations, and will be executed by the proposed assignee. C. Notice. Any notice given under this Agreement must be in writing and may be given: (1) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery", addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement; or (iv) by facsimile with confirming copy sent by one of the other described methods of notice set forth. Notice by United States mail will be effective on the earlier of the date of receipt or three (3) days after the date of mailing. Notice given in any other manner will be effective only when received. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: Page 3 of 7 4133782v.1 4313/0002 City: City of Corpus Christi Attn: Valerie H. Gray, P.E. Executive Director of Public Works 1201 Leopard Street, 3rd Floor Corpus Christi TX 78401 With Copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street, 5th Floor Corpus Christi TX 78401 Realtex: Realtex Construction, LLC Attn: Rick Deyoe, President 1101 5 Capital of Texas Hwy, Suite F200 Austin, Texas 78746 Owner Cosmopolitan Corpus, LLC Attn: Dan Meader 925 S Kimball Ave, Suite 100 Southlake, Texas 76092 With Copy to: McGuire, Craddock & Strother, P.C. Attn: Neill Fuquay 2501 N Harwood, Suite 1800 Dallas, Texas 75201 TPEG Completion TPEG Cosmo Completion, LLC Attn: Dan Meader 925 S Kimball Ave, Suite 100 Southlake, Texas 76092 With Copy to: McGuire, Craddock & Strother, P.C. Attn: Neill Fuquay 2501 N Harwood, Suite 1800 Dallas, Texas 75201 The Parties may change their respective addresses to any other address within the United States of America by giving at least five (5) days' written notice to the other Parties. Realtex, Owner and TPEG Completion may, by giving at least five (5) days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. ©. SeverabilitK Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or Page 4 of 7 4133782v 1 4313/0002 unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Each of the rights and obligations of the Parties hereto are separate covenants. My failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. E. Applicable Law and Venue. The laws of the State of Texas govern the interpretation, performance, enforcement and validity of this Agreement. Venue will be in a court of appropriate jurisdiction in Nueces County, Texas. F. Exhibits, Headings. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The section headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the sections. G. Authority for Execution. The City certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. Realtex, Owner and TPEG Completion each hereby certifies, represents and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the certificate of formation and organizational documents. H. Relationship of Parties. In performing this Agreement, each of the City, Realtex, Owner and TPEG Completion will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. I. Survival of Terms. All representations, warranties, covenants and agreements of the Parties, as well as any rights and benefits of the Parties pertaining to the transaction contemplated hereby, will survive the original execution date of this Agreement. J. Disclosure of Interests. Realtex, Owner and TPEG Completion each further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached as Exhibit D. K. Certificate of Interested Parties. Realtex, Owner and TPEG Completion each further agrees, in compliance with Texas Government Code 2252.908, to complete, as part of this Agreement, the Certificate of Interested Parties foram attached as Exhibit E. Form 1295 requires disclosure of Interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: Page 5 of 7 4133782v 1 4313/0002 a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state,tx.uslwhatsnew/elf info forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at httos://www.ethics.state.txus/legalich46.html. L. Right of Set -Off. The City shall have the right, but not the obligation, to set off, in whole or in part, against any obligation it owes to Owner under this Agreement, amounts owed to City by Realtex and/or Owner under the Construction Yard License Within Public Right -of -Way. 4133782v.1 4313/0002 [Signatures on Next Page] Page 6 of 7 CITY OF CORPUS CHRISTI REALTEX CONSTRUCTION, LLC J.H. Edmonds, P. E. Date Rick Deyoe Date Director of Engineering Services President 1101 S Capital of Texas Hwy, Suite F200 Austin, Texas 78746 RECOMMENDED COSMOPOLITAN CORPUS, LLC By: TPEG Cosmo Completion, LLC its Manager Operating Department Date Dan Mader, President APPROVED TPEG COSMO COMPLETION, LLC Office of Management Date and Budget Dan Mead = . " resident Assistant City Attorney Date ATTEST City Secretary Date Project Number Accounting Unit Account Activity Account Category Fund Name Page 7 of 7 4133782v.1 4313b002 EXHIBIT A PLANS FOR CHAPARRAL SIDEWALK IMPROVEMENTS COSMOPOLITAN PAVER AREA ITEM NO ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT ELECTRICAL 1 Tree Uplights; includes wiring and conduit (material, labor and equipment complete in place) 20 EA $372.04 7,440.80 2 Covers for Gas Meter Boxes (Labor and Equipment Complete in Place) 1 LS 825 825.00 ELECTRICAL SUBTOTAL $8,265.80 SIDEWALK 1 Concrete Unit Sidewalk Pavers (Labor and Equipment Complete in Place) 3.150 SF $20.71 65,236.50 2 Concrete Unit Sidewalk Pavers (Material, Labor and Equipment Complete in Place) 703 EA $12.36 8,689.08 3 Planter Metal Edging Installation (Labor and Equipment Complete in Place) 147 LF $15.00 2,200.00 4 6" HDPE; Solid + Perforated (Material, Labor and Equipment Complete in Place) 47 LF $35.00 1,645.00 5 Planter Drain (Material, Labor and Equipment Complete in Place) 8 EA $500.00 4,000.00 6 Trash Receptacle; 39 Gal Stainless Steel, powder coated with surface mount holes (Labor and Equipment Complete in Place) 2 EA $50.00 100.00 7 Recycling Receptacle; 39 Gal Stainless Steel, powder coated with surface mount holes and recycle sign (Labor and Equipment Complete in Place) 2 LF $50.00 100.00 8 Bench (Plantar Walls) (Labor and Equipment Complete in Place) 1 LF $750.00 750.00 9 6" Concrete Foundation under Pavers (Material, Labor and Equipment Complete in Place) 3,150 SF $7.00 22,050.00 10 Subgrade Prep for Concrete Foundation (Under Pavers) 3,150 SF $2.21 6,961.50 11 Stain Sealer on Pavers 3,150 SF $1.17 3,685.50 SIDEWALK SUBTOTAL 115,417.58 Subtotal $123,683.38 General Conditions @ 15% $18,552.51 GRAND TOTAL $142,235.89 s c aV �A ,; a. •_•- T 1 w .......... ra3 uas 6, J40 L.45L 3 1} )-_.a<.ei. da SVX31 ILSWWHD Sld210o 10 �lll., — P 0 m Nvid sw5a3ivw NlVM3GES w g X. ' a +�; . O _ r a Y ml L Al E , w - i : .. xi liw ::- 1S 12i1#N,35 Ol IS Y�fb1771M 133NIS 1Velalb'db'R) 14ar3AObfr ( 13.3NIS NMOINM00 .O. ,nq I 4 lac i 0....... .06.900 H u uN ll.Y 1 I W T 1— gz a I z O O • c W U. W O U Fes - w w Z a Z a w O zy U D col w z>i 0 } W F- U 114 ❑ = J U z O • LLILU U1 co a J h J r T � J IX 0 O LU r � Z O 0 U T AVAILABLE UPON REQUEST. IcIW[W g a r r a a • a u WerMa II :I I! 1m. a • A! - 1 w w 0 PLAN SHEET 111 CO LI, LID ea' e: v 15, 36, 38, 40, 49, 50, 51,54 �l] GENERAL NOTES PLANTING SHEETS IRRIGATION SHEETS ELECTRICAL SHEETS SIDEWALK SHEETS SIGN SHEET ECLI n.12 _ L..204U3 jo tuawpadao SVX31 11SWHO SffddO3 10 A11.1 S310N .tl2131,13D IS 73Z1VNOS 01 IS WH777141 133611S 7b'2id1Hdb'HO S1N31413A0e1dVV1 133a1S NMOINMOO ai GENERAL NOTES p 1 2 i 1 1; iii Y 1 ° 1 1 I :ii $1aillr I i a 111 II 4. qv ill i i0 iq 10 !:1 ;.: v i li :I 9, § I: 31 iiq ,', , 4t ii ill' J 41 iiii lilt i 1 li $ I! b 4 ii/q 1 ig 4 32 1g 1 51 111 6:12 ii i li 4 d _ d W - 0 Z 4 P. h hlk i!LI hRad 11 LL o J . i _ y 4 J 1 • J b co aOs II! !pv! 11:0 '111! = 21! iv. 511III ;bp 4114T € JJ1:11 aQ YY ;NI a 1A1,1a1!i s a 4g€ !Ex ads 17`R i; rR Fl 101;F:. 1P8 0!iii 11/1:1 �� 4 w! 114` higx t x h it 1, 42; 1g !Ihk11 9 11„55 1! ! s R Hi ;! id tow 4 3 ! 9 5 ? e l III 14 111/11 11 12 IP pi d 410 111 /1 0 d LL 6 W v S 3 vf Iv •` ` —�=--� .......... ........4 aoawag 60waagir3 pa iivaw.,:, e.. _ N 1 N s y s 11SWHO snd2100 1a 115 S310N 1V fl10lb1S 1V 3N30 c ....1g tn �- l ='Y° °'"°• ""^"° •^ 'IS -13Z1b'N0S 01 '1S V VIT1IM 133b'1S -7V l21VdV140 S1N3Y43A0ddVY1 133211S NMOINM00 o M a � N g .01.41110M1 Y L+0 'p. +-+.s IYII�.zRI M I LYO 9!i �lriv.Y GENERAL STRUCTURAL NOTES �ak �R' 1 'p' =s b lab J. El = r 1 �«� ki 'i p kti �Z¢ � z I ill i !I P e 2 ��• w '� Er 1 0 3R; -q• 2„5' gs ., �� yy g� g i 4s Ca 1, y� q J Q. w , gn; :ii .. T. 7 �; td O s7n td O . 7 f �� .7' y7l ..� �� 76 g MI o O U an wv m z La L 11 111 ,tt I' q '�MI L UO � 51 leiil n� w ' 7�1111=1 �Z 4 ¢¢ lix Op: 1 Lst i 11 +, a Qv esllin mQ zo U8_ 1g�gaiQY�� . .4qz?Fir Ili ISI iii M . xa ie 4 3 a� 1 i _ Yi 11Qb�' 1 M g i 1 e .a A ” ° i11 li 1 6i' 3S it 11 11 1L :iC Y ie�11 ; 1 1 111 111 ;Ia 1k i L : gligI 1 : 11 ilii gie t,!!7 i Bi 1 6 0 iiif62 1 i% ISI 1 Rp it°� l = p■Y■ �ayj SieEi V 7 F 9C i�R xgi f . „ ii11 ° 3� 1 / ig 3i li 1 R 1 Q - . .1 1 ggi 3 i 2 1111/I g ^1 i'l i_q 6:1 i6 l K b 11 r 11 �x ri ;.s$vix;h • x x ii -1$1 gi II 111 1114 R6 1111 15 i r i ;R itI �8/ii:1Oh 11i P �x I 1b 19 n6^ iF g d 1 1€a pi° D 11 _!l!1 x la C1i1 ig 13 he0111 P 'I333, 1� �J F1 • 4 .. at 4 9 a 9 ist i 11 Yill1 ii g C1 fiii it gl i e i it 4112 ` ki '1 1 isisi as lili 9 9 J 6 S 1 5. 1 lM li tit" IIi d i i TIP xr 4, X 19 a iti ixxx ' Q a Ie ii_ lE gai I . xg I! I 62 r 14 = 3li1a s N 11 i' i1. ' I ig xj 9.1 „11,11,0. Pi ! b agig s .iviaii.gm . 1. 3 lIii 4. a 0a Willa o iibl@bQ A $ 1 =. Y 1111 b 1 i 8 . 6� b i, IE U e� a• I. is 1 r R1 E W a i , g„ .1 I.x 5I i is ii bl s le .1 _ li SR i$ V i€ ligiqii �xx6 .,1,11,1 ,ppi, " 1 ai InAliJo i f � 1 1 1 g .1 , aI Ig . 11 a _ pItiBitil 4ti C !i ix e ll g iq2 1/11e bog: l i 9;i IVA l a K a@ gi I 6 . Pi 1 Mi p�3 in g 2 1 01 xii J t 4 I a s pi 1155 4@ li1 ig phi 4 g tt 6t1I i It 3 i x iii'" x 3i •a Ilii ill ill Aga; : i -Ix xx g iite a i2I8110 l Li x qq i ;Be -uFb Iyi eb1 ax 2 aF 1e Iy er@: 4 .4 5P .li4I 4 . • a Ixx,Y s 9 '2:2Q rii!�b 1 bet11"/ r 6i.�#ii • .. • qpilia_ g is x ➢ is r !iiii x ilii' i�i1� Ipair �jax_121. xI�x p k41 !PP xlir r /1;.ib a gl 9�p". r .4 o .aaa R 1 e2 427* SVX31 figidr40 Si1ddC* 1¢ A1rr J M4 1 ...5 1Y °) - `at+'d Fe:_Nv li 1S 1.31•1G'I4 5 O1 1. kit11�7dr 1) 3,briS ?a' ,r vdo,d) SiN3ki'3A021'diwd 132.111S ^ ioiN4ii +�Prf090 O a a r 1.R 1 F ti1u1. 2 a 1 1 1 1 1 1 i 1 1 1 1 1 1 ark or 111 s ill 01 JO Huh ¢= opo it iii r 9 uSbX31 ••• ��: saa!nia ba.saau;bu S 3 10 7vamllodap . 11S12JNO SndNDo Jo ADDINV1d S71V13Q wt. 04/24/2012 I 8 3 I m $ �: m. ! g � ,J� � '4..,,••"• u ....r.„r.� �.9° R� IS 73Z1V!-OS 01 1S WV1711M 1332!1S 7V2l2dVdVHD S1N3VV3AONdVN! 1332415 NM0INMO0 'OlKE� 4 u„.0 0w IALLIY ...wlila V F Ln 10 wow i 51UI 3 P fa,l.w/ay 6 vaa fua )L ivawx®Cap SVX31 US:di17 Snd802 JO A113 Nlrid NOIiVD1881 IS 73ZIVH3S 0t 1S W4'I771M 1332115 1V4aVdVNO SIN301311021dWf 133211.5 NMOINMOd nn 01/12/2012 t: mi RI m 10014•11.613 M I ii . MVO 'OR ...IV i IA v gl FOLLACEJO Al2; p: JiawpOs ! SVX3I 11S120H0 Slldd03 10 A110 WA.I VN 4019491 571V130 3' S31ON N011V0f881 IS 73Z1VHJS 01 15 WV1771M 13381S 7V88VdVNO S1N31.413A0ddVf 133815 NMOINMOQ Jl wL 01/12/2012 a� V CO 100 VN •42591 merego :9499! 1 NA INVSVS saojA as buuaaw6u3 Jo g awp:Mao SYX31 115 HD sndaloo Jo A11 a. amtizsgry NY7d kdiMOd LS 13Z167 -1:1E L11 1S YVV1111M 133211 ?VH VdVHO SIN3113A0NdYY! 1.33U1S NMOINM00 mn: 04/20/7012 1.(4610123 M lin VI NOIDI21 1 a geg a 1k aC 1ei „,„ r y„1 :111,11,114 r ' G ��;� r }1 ��. mind! 1h� iI ,lIWd idsd ddd 6` 0 0 000 0 00 000©o o®o 0 0 ©® lighting Class Panatboard Schatzel � M miiiiiilliiioiiiiims • r IH]llI=IHh1 P!!!!!!!!!IIIIIII3=1 111111111111111111111111 ©iiiiiiiuiiiiniuiiii 01111111111111111111111. �OtlI703©0r307©012030000r7 voasassoosassossaasoss 1:022323303=1:19:11113121it 1:022323303=1:19:11113121o0::::2:0:::roil: O::::viii::::::iiiii::0 ©r:ooiiui:*,minion 1111F11-111 i Viti = 1 ii d i Milii iggH 310 . � • 1_ as °, i 1 ; °nak Lighting Class Fanalbod Lawrence u® nwww n®::::::::::: 1:12aaaoaaoaamiiiuuuuui ©:::a:ii: I IIIIIIII :iiiilulm I i. 9M i _ Jjis= 1:21E 111/1111 i -- da0000saas000assaaaoss 99 � 3 3E : 3 u- ©iCGQm:::00a3aG 3 3E1 Pliql1T111111111 11211111:=:11::/ i!1111!1a 3 1 1 1 1 1 41. 1 t 1 1 1 1E 1 1 1 3 1 1 1 6O9!,‘e�tiu�exau! 3 po ]uaeulfn+iap SVX3I LLSIIIHD SllddOo 16 Alio ZO - NV1d InOAV1 1 J3u'lV . S Qi !S WV/77(M 133d1S 7V?JdVdWN3 SLN3N13AOdd1VI 1.33c+1S NMOINMOQ e.a 04/24/2012 L'q 2 pi031e IYLn10 h • .L.L My 00+11 314710l'YI'1 !Add a � Hit Ain p a 0 a • h • 8 Earran Siu arAkr3 +a puwuaimairg SVX31 11S12JH.7 SfdhiO 1 Airs ZO NVld SIVItJJIVW rl`ik:'hii;l5 15 73ZIVi-f i LI! : S VYVJ77IM 133a15 ab'ard Vdda). S1N3ralO ddv1' +?7+11 NMOINMOQ nn- 04/24/2012 a aVV'N'A a t 4 11 Eb n o e o.• � K c e: iiillliii J#fw.o tcusawduj ja lua.4 43,0 SVX31 11SIdH0 Sldd1D.7 10 kt ui Hq 1 14 ZO — NVld 3OVNIVLIQ 7' ONI0V11O >IlVM3QIS 15 13Z1V11OS 01 is kVVITIMI 43/WS 7tfb12JVdVH.0 yiP43.11y,O?dd'Wl 1332i1S NMOINMOQ �4y..]Llp um- 04/24/2012 I ]1N 1 W NGSN. l r F F r itqg 0 rsualiZEIC sawasa5 6uvaau!6u3 jo Itlawi.atlaa SdX31 11S1N1-13 SlldH0D JO A113 E. a • I 1:10 I'ON k 1l S1IV130 1N3iN3AVd IS 13Z1VNOS 01 IS WV1771M 133a1S TvauvdVNO <IN3V13AO&i ! 1331S NMOINMOG ax 04/24/2012 1N z Z w Y o A 1111 4 a + ' Si3pLaS (1JV]J0,+SU3 to $UiLljlotot. SVX31 �t 11SWNJ Sfid2�07 10 ADD r./1 S ,VL in.�dvn.� ly S n o i .'E_' 50 - 103 STR ass OP, L • / 6510. + ,. . 7►S=3 _ � ••"•'•GCf IS 73Z1VFI S Oi i5 i'trri7 S' 1332115 W4.i k+db f:) SIN3013A021dW! 133a2 NIADI1iAioC •gWCIH11 y i LW A...a nh` 1r I .-va w+rn...r [I[Jfi!! r ; MI I widow. I 111 IP:. 111 � 1OM R trx NO* i8 is I! J 15 I fig 1 13 1 H f I: gwa O - 111== "rI ` 1 a CL i Ark ig EMmi 416, Wowirwlo ra:,n,as bu+,aaw6u3 jo 7uawj,oda0 SVX31 115R1N3 Slld803 1° A113 SlIV130 _N3413A d IS 13Z1VH3S 01 1S YYV117!M 133N1S 7VddVdVNa SiN3w3A0ddYV1 133N1S NMOINM weutauSW 6 ca. ova 6. laa4,6,3 I@ IwwJod.P, SVX31 1151880 SndIO? )° ADD a SIIV130 ^3NlHSIN21fl.j 31fS 1' 1.3Z i V1-1.35 01 1S WV1Th1M 1332d1S 7V2dWdVH1.7 SIN3W3/1(.:HclW! 133NnS NMOJNMOG aT. 04/24/2012 /VP Cm 40fLAW lig_ 141 144.,...+4 Yo - 5173 EG -I ssanra5 6uuaau!6u3 jo =wu 1.0000 SVX31 !1SWN0 511dd010 A1l0 41/ n kA I 'D+ wwlr SAI1I1Ntln0 ONV SN011015 1VOidAl — AV4OVO8 IS-13Z1YHOS 01 IS V1 T7IM 133e11S 7H2dZlVdb'NO S1q3V1Jfl0ddVYl 133N1S NMOINMOO A aR 01/12/2012 3p Y I LIV I'Oli �Piv�Ll 1 1 evi gds ip 112 14 1 e bra MIH TM ;IIy 1 a 1 i0 d V 1 9 1 1 S 1 1 6 4 1 1 3 O w w J a F. z x4w rTh N t' S V S 1.1 g *lJ Sbuuaau!6u3 p luau,y,odaQ SVX3I 11SWH0 sndNOQ !o X1113 S71V134 7Vdf110fdl1S 213)IdVY4 1012'1StQ QNV NO'S 7VNO:103210 NV7I1O11H3/1 IS 73Z1VHOS 01 '1S YYV'77!M 1.3381S 7V2121VdVH0 SIN3V 3A021dYY1 13381S NMOINMOQ Iry 0 ofg tif IOU 001.11.01.22 H.V 9.� .S�6VaN 1 Z J U 4C1'1 z cn 0v LaJ a 0 Z CC0 =0 U Z 2 = > O gi z 0 0 z 0 z (71 DIRECTIONAL a 0 La to .,•s W 2 Yfl i at 1 ` S II ref Y lo 1 EXHIBIT B — MATERIALS ON HAND Materials list Chaparral improvements (3/3/2014) 1. 2 ea Bcnchcs 1 each benches 2. 3 ea Trash recep 3. 1 ea Recycle recep 4. 4 ea plastic caps with frame 5. 1 ea Metal cap with frame 6. 9 pallet Charcoal pavers ( 1 partial ) 7. 9 pallet Limestone pavers (1 partial ) 8. 2 pallet Pewter pavers ( 1 partial ) 9. 3 pallet Antique red pavers 10.1 pallet Red pavers (1 partial ) 11.1 partial pallet Blue pavers 12.Apx 300 lin foot alumn angle Additional 30 pallets (4/7/2014) EXHIBIT C — MANDATORY REQUIREMENTS Indemnification Developer covenants and agrees to fully indemnify and hold harmless the City and the elected officials, employees, officers, directors and representatives of the City, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and/or property damage made upon the City, directly or indirectly arising out of, resulting from or related to Developer's activities under this Contract, including any acts or omissions of Developer and/or Developer's agent, officer, director, representative, employee, consultant or subcontractor while in the exercise of performance of the rights or duties under this Contract, all without, however, waiving any governmental immunity available to the City under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this indemnity are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the express intent of the parties to this contract that the indemnity provided for in this section is an indemnity extended by Developer to indemnify, protect and hold harmless the City from the consequences of the City's own negligence, provided however, that the indemnity provided for in this section shall apply only when the negligent act of the City is a contributory cause of the resultant injury, death or damage and shall have no application when the negligent act of the City is the sole cause of the resultant injury, death or damage. Developer further agrees to defend, at its own expense and on behalf of the City and in the name of the City and with counsel acceptable to the City, any claim or litigation brought against the City and its elected officials, employees, officers, directors, volunteers and representatives, in connection with any such injury, death or damage for which this indemnity shall apply, as set forth above. Developer shall advise the City in writing, within 24 hours, of any claim or demand against the City or Developer, known to Developer, related to or arising out of activities under this Contract and shall see to the investigation and defense of such claim or demand at Developer's cost. The City shall have the right, at its option and at its own expense, to participate in such defense without relieving Developer of any of its obligations under this paragraph. Insurance Requirements I. Developer must fumish to the City's Engineering Services a copy of the Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies by endorsement. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises - Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate Per Project Business Automobile Liability - Owned, Non -Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. $2,000,000 Per Claim 0 Required X Not Required Builder's Risk (All Perils including Collapse) No Limit ❑ Required X Not Required Inland Marine - Owned, leased, rented, delivered equipment & material No Limit X Required 0 Not Required Owner/Contractor Protective Liability Equal to Contractor's liability insurance ❑ Required X Not Required In the event of accidents of any kind related to this lease agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 2. 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. 3. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 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. 5. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. 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. 7. 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. 8. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. II. Workers' Compensation Insurance Coverage. Figure: 28 TAC § 110.110(c)(7) A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the division, or a coverage agreement (DWC Form -81, DWC Form -82, DWC Form -83, or DWC Form -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the proiect - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the proiect ("subcontractor" in 4406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Insurance, Division of Workers' Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. See Attachment A to this Exhibit. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the division. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Attachment A to Exhibit C TO THE EMPLOYER/CONTRACTOR: Pursuant to Workers' Compensation Rule 110.110 (d)(7), a contractor engaged in a building or construction project for a government entity is required to post a notice on each project site informing all persons providing services on the project that they are required to be covered by workers' compensation insurance. The notice required by this does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Workers' Compensation Rules. This notice must: (1) be posted in English, Spanish and any other language common to the employer's employee population; (2) be displayed on each project site; (3) state how a person may verify current coverage and report failure to provide coverage; (4) be printed with a title in at least 30 -point bold type and text in at least 19 -point normal type; and (5) contain the exact words as prescribed in Rule 110.110 (d)(7). The notice on the reverse side meets the above requirements. Failure to post the notice as required by this rule is a violation of the Act and Workers' Compensation Rules. The violator may be subject to administrative penalties. Mak. a OR.v. , 211% TEXAS DEPARTMENT OF 1ISMANCE, 0M94011 OF MAIMS COMPEN611iON Rai. 1 I D t i J o N_ a> >, 0 CD o C 4? •5 a) N CO F N V ° to C �Q� O O Q -C § O .5 V ° ,, E ▪ Q a) 1al Et2 < N C .� a)-77: Y- C ow 5 a) o to 0.7:3 W N O Q+r S a Q. N N p o a) OL 2 0 0 a- -1.-: °? ..,.,.. 0 0 O W 0 0 La) C 3 D ° ago k=71 En gC▪ "� .0-0=o �/ m�?�a� c��a) W m -o'a) as w o W as -a I- >Z a) •s:, o � ,...v�o a.>cva. 0 O & o112 art o no1Lccv 0�� a? CI -cEmow W 0 N8 s2 U o CD oQL o,�.rOO c c}vo 5 v)0Cnt° off?=� w0c0›, too is a1._ ._ 0 0_, 0 O C a ❑ CD 2O W �2Ct 17: wW3E �?.s8 � 8 •� o .� .0 0 L &- E'er- C ca o 0 CD ED- Rule 110.110 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS COMPENSATION NctIce 8 (Rev. 12115) Z <74 0 a cnz w a� OW VO wo oa as 0m W n H W Lt Q g '3 cew m 0 0 CU Q) c c L a1 2O c a c o• •c8 C o c- !C a) 03 id 73 cr CL (1) c o a .o 2 o Q=Oo2 o�o°ao aLQ�n, c`n•�E� aoa)aa CL o�a'�a '5'u_)o"'a) -.o �a p 5•5•c� c �a o cn O c o L flijht cD ©co 4 0tiLco C13� o8 cavo • �,, co oot-.� Q o 0 1 .� L cti co �,cFsi'�o cu voQ a-0 o �� c v, o C cr > � cm w © •cod. ) - cn "p co O cs_0 �. o a C o o_ co t -.c c•c ca = O Q a > c- 63 TA ,c o a a O a.. a� ,o = � o _CI cn a) co o c co c a) v a x o= cn a) o 0zc = v aa- c� a o c., c 'c c c,) +-; -a = cr 16 o....a — - CO cD L,00 E �cC2cu a oaa a) '�c- .12 (Do o Cr"2C cvoac.occ �Trao•oo-•5'0zo=w aa- '? o0>73a©o cno-c Q E E L 0-Q- co J co = a_ .— Rule 110110 TEXAS DEPARTMENT OF INSURANCE, DMSIONOF WORKERS' COMPENSATION Notice 8S (Rev 17/15) City of Corpus Christi EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Everyquestion must be answered. If the question is not applicable, answer with "NA See next page for Filing Requirements, Certification and Definitions, COMPANY NAME: SoIa STREET ADDRESS: q 2- r S 144%4J0-411 �-1 4 109 P.O. BOX: CITY: S°'1A-1( STATE: TX ZIP: 701 FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other O' LL-e_ Ifadditional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NA - Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Nfr Board, Commission or Committee 4. State the names of each employee or officer of a "consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm.' Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requestedactionwill confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, 74144/5 occur. w.00iLektovt fLtat Certifying Person: Title: y g w 1 � � � � �, � �-�C�„-- �ll. a(I�- (Is taw -44,1/4 o �, i �7(,r. Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action 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, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. g. "Ownership interest." Legal or equitable interest, whether .actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity, "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with. the City to provide the following information. Every question.must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: 1-19 Lios-v / ¢4 / C -I --Q- STREET ADDRESS: 125-- S if -a} � �� l 5 +-+ f / OP.O. BOX: CITY: 0 ^ l R l STATE: ZIP: 74 6@. -- FIRM IS: Corporation El Association ❑ 2, Partnership 5. Other [] 3. Sole Owner ❑ 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 ti tit Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NSA" Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N1� Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named 'firm." Name fJ/A- Consultant FILING REQUIREMENTS if a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official o_ r employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter 'is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)): CERTIFICATION i certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Signature of Certifying Person: Wit]?k 1 la- e Title: ye 0,(4,447 Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city b. "Economic benefit". An action 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, whether under civil service or not, including part-time employees and employees of any corporation created by the city, d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which' for purposes of taxation are treated as non- profit organizations. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and tviunicipal 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 hotding 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 consultationi and recomnteridation. CERTIFICATE OF INTERESTED 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 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-102668 Date Filed: 08/22/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cosmopolitan Corpus, LLC Southlake, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 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 services, goods, or other property to be provided under the contract. Chaparral Street Improvements construction activities relating to sidewalk improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Chandra, Sanjay Southlake, TX United States X Meader, Daniel Southlake, TX United States X Burke, William Southlake, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE /� Sworn to and subscribed before me, by the said k % I I )41,41 Ar i`e, , this the7...2._day of 4-4/40 , 20 (6 , to certify which, witness my hand and seal of office. G_ . p 0 Brett R. ?ensen s.��',,t,ef Commission Expires 4rFpf 12-28-2016 "' ,LL Signature of officer ad nistering oath Printed name of officer a minis enng oa Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295_ 1of1 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 FILING Certificate Number: 2016-102143 Date Filed: 08/19/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. TPEG Cosmo Completion LLC Southlake, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Cuty of Corpus Christi 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 services, goods, or other property to be provided under the contract. Chaparral Street Improvements construction work on sidewalk 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Chandra, Sanjay Southlake, TX United States X Meader, Daniel Southlake, TX United States X Burke, William Southlake, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. I Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Swor t% /j and subscribed before me, by the said l� ` ilf/i 4 JNt flo"iic e,, , this the 22 day of /4z,c1L( , 20 / b , to certify which, witness my hand and seal of office. 0P�4 Brett R. lensett ^.. - Commission Expires Iv 12-28-2016 Signature of officer Orhrnistering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED 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 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-102668 Date Filed: 08/22/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cosmopolitan Corpus, LLC Southlake, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 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 services, goods, or other property to be provided under the contract. Chaparral Street Improvements construction activities relating to sidewalk improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Chandra, Sanjay Southlake, TX United States X Meader, Daniel Southlake, TX United States X Burke, William Southlake, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE /� Sworn to and subscribed before me, by the said k % I I )41,41 Ar i`e, , this the7...2._day of 4-4/40 , 20 (6 , to certify which, witness my hand and seal of office. G_ . p 0 Brett R. ?ensen s.��',,t,ef Commission Expires 4rFpf 12-28-2016 "' ,LL Signature of officer ad nistering oath Printed name of officer a minis enng oa Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.277 Corpus Chr sti Engineering Cosmopolitan Developer Agreement Council Presentation November 1, 2016 Project Vicinity �hrsti Engineering Corpus Christi. v � '417 PROJECT LOCATION X40 2 Project Location �hrsti Engineering r, Teti it icArf o1'fgr�dP;t� 3 Project Scope �hrsti Engineering The agreement is necessary to complete the final sidewalk and landscaping improvements fronting the Cosmopolitan Apartment Renovation project. • The remaining work is part of the Bond 2008 Chaparral Street Phase 1 Project that was deferred due to construction conflicts with the private Cosmopolitan Apartment Renovation project. • The Bond project included widened sidewalks with textured concrete and/or pavers, new trees, shrubs, irrigation and landscape lighting. • The City removed the line items from the Chaparral project adjacent to the Cosmopolitan to avoid project delays and escalated costs. • This agreement provides for fair and reasonable cost reimbursement to the developer upon successful completion and inspection of the work in accordance with the City's plan and specifications. 4 Project Schedule �hrsti Engineering The Developer plans to complete the remaining Bond 2008 element by December 2016. The first section of apartments are planned to open in early 2017.