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HomeMy WebLinkAboutAgenda Packet City Council - 02/11/2020City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, February 11, 2020 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Rudy Bentancourt, Director of Housing/Community Development. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.20-0189 Proclamation declaring February 12, 2020, "Outstanding Community Leader Honorees for National LULAC Week 2020". Check Presentation by Rotary Club of Corpus Christi to Parks and Recreation Department. Swearing-In of Aaron Munoz, Esquire, by Council Member Roland Barrera. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F.PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.OTHER H.MINUTES: 2.20-0207 Regular Meeting of January 28, 2020. Page 1 City of Corpus Christi Printed on 2/10/2020 February 11, 2020City Council Meeting Agenda - Final-revised I.BOARD & COMMITTEE APPOINTMENTS: 3.20-0227 Port of Corpus Christi Authority of Nueces County, Texas (1 Vacancy) J.EXPLANATION OF COUNCIL ACTION: K.CONSENT AGENDA: (ITEMS 4 - 17) Consent - Second Reading Ordinances 4.20-0083 Ordinance renewing the Corpus Christi curfew for minors ordinances as mandated every three years per the Local Government Code. Sponsors:Police Department 5.20-0058 Ordinance amending the London Area Wastewater Master Plan, an element of the Comprehensive Plan, to provide wastewater service to approximately 144 acres of land located immediately west of the existing London Area Wastewater Master Plan Area; amending related elements of the Comprehensive Plan; and providing for publication. (Located near Council District 3) Sponsors:Planning & Environmental Services Consent - Contracts and Procurement 6.20-0082 Motion authorizing a five-year supply agreement with American Kennel Club Companion Animal Recovery Corporation from Raleigh, North Carolina, in an amount not to exceed $194,500.00 for pet microchips and scanners for Animal Care Services, with funding in the amount of $22,691.67 available in the FY 2020 Animal Control General Fund. Sponsors:Police Department and Contracts and Procurement 7.19-1805 Motion authorizing a three-year service agreement with Pro Tech Mechanical, Inc., of Corpus Christi, Texas for a total amount not to exceed $156,750.00 for Heating, Ventilation and Air Conditioning system maintenance and repairs for the Corpus Christi International Airport, effective upon issuance of notice to proceed, with funding in the amount of $39,187.44 available through the FY 2020 Airport Fund. Sponsors:Aviation Department and Contracts and Procurement 8.20-0055 Motion authorizing a one-year supply agreement with Rehrig Pacific Company of Vernon, California for a total amount of $409,237.20 to purchase 7,618 refuse carts and 2,264 recycling carts for a total of 9,882 carts to be utilized by Solid Waste Services’ customers, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $238,721.70 available in the General Fund. Sponsors:Solid Waste Operations and Contracts and Procurement Page 2 City of Corpus Christi Printed on 2/10/2020 February 11, 2020City Council Meeting Agenda - Final-revised 9.20-0098 Motion authorizing a six-month service agreement with Total Protection, Incorporated, of Corpus Christi, Texas, in an amount not to exceed $79,625.00 to continue on-call maintenance and repair services for security access control systems at 21 locations for Water, Wastewater, and Gas Operations, while Information Technology secures a new longer-term service agreement for all City facilities that have security access, effective upon issuance of notice to proceed, with funding in an amount of $79,625.00 through the FY 2020 Water, Wastewater, and Gas Funds. Sponsors:Utilities Department, Gas Department, Information Technology Services, Asset Management Department and Contracts and Procurement Consent - Capital Projects 10.20-0206 Motion awarding an engineering design and related services contract to Jacobs Engineering Group Inc. in an amount not to exceed $100,000 for preliminary design services for the Cole Park Pier and to authorize the City Manager to negotiate a future contract amendment for the remaining professional services to furnish the design, permitting, bid documents and construction phase services, located in City Council District 2, effective upon notice to proceed, with funding approved and available from Bond 2018 Proposition C. Sponsors:Parks and Recreation Department, Contracts and Procurement and Engineering Services General Consent Items 11.20-0061 Resolution authorizing submission of a grant application to the State of Texas, under the Victims of Crime Act for $104,013.20 with city cash match of $2,643.37 and $23,360.00 in-kind services. Sponsors:Police Department 12.20-0062 Resolution authorizing submission of a grant application to the State of Texas under the Violence Against Women Act for $48,211.68 with city cash match of $13,702.00 and $6,960.00 in-kind services. Sponsors:Police Department 13.19-1714 Motion authorizing an Affordable Housing agreement with the Salvation Army in the amount of $500,000 for a new $6.3 million facility to be used for transitional housing for homeless individuals, families, and veterans with single room and family occupancy; with funding available from Corpus Christi B Corporation Affordable Housing Funds. Sponsors:Human Resources 14.20-0224 Resolution authorizing a Memorandum of Understanding by and between the City of Corpus Christi, City of Kingsville, City of Port Aransas, City of Page 3 City of Corpus Christi Printed on 2/10/2020 February 11, 2020City Council Meeting Agenda - Final-revised Portland, City of Rockport, San Patricio County, Nueces County, the Regional Transportation Authority, and the Corpus Christi Port Authority to collaborate to develop a master plan for a Public Safety Radio System that will be utilized across multiple member jurisdictions. Sponsors:Information Technology Services Consent - Resolutions of Support for Affordable Housing Projects 15.20-0070 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit affordable housing project known as Village at McArdle to be developed by TG 110, Inc. Sponsors:Housing and Community Development 16.20-0069 Resolution of the City Council of the City of Corpus Christi, Texas having no objection to the proposed 9% Housing Tax Credit affordable housing project known as FishPond Fitzgerald to be developed by Fish Pond Development, LLC. Sponsors:Housing and Community Development 17.20-0073 Resolution of the City Council of the City of Corpus Christi, Texas having no objection to the proposed 9% Housing Tax Credit affordable housing project known as Washington Coles Apartments to be developed by Washington Coles Apts., LP. Sponsors:Housing and Community Development L.RECESS FOR LUNCH M.PUBLIC HEARINGS: (ITEMS 18 - 22) 18.20-0051 Zoning Case No. 1119-03, Morteza Shafinury and Abdolrhim Aminzadeh (District 5). Ordinance rezoning property at or near 7121 Saratoga Boulevard (State Highway 357) from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District. Planning Commission and Staff recommend Denial and in lieu thereof approval of the “CG-2/SP” General Commercial District with a Special Permit with conditions. Sponsors:Development Services 19.20-0053 Zoning Case No. 1219-02, Zeba, Inc. (District 3). Ordinance rezoning property at or near 4938 Moody Drive from the “RS-6” Single-Family 6 District to the “RM-1” Multifamily 1 District. Planning Commission recommends approval. Staff recommends Denial and in lieu thereof, approval of the “RS-TF” Two Family District. Sponsors:Development Services 20.20-0054 Zoning Case No. 1219-03, MVR Construction Company (District 4). Ordinance rezoning property at or near 2301 Flour Bluff Drive from the Page 4 City of Corpus Christi Printed on 2/10/2020 February 11, 2020City Council Meeting Agenda - Final-revised “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. Planning Commission and Staff recommend Approval. Sponsors:Development Services 21.20-0153 Ordinance amending the Urban Transportation Plan map of MobilityCC, a transportation element of the City’s Comprehensive Plan, to adjust the location of the future Oso Parkway relative to the Oso Creek flood zones; to eliminate a north-south Collector street that becomes unnecessary when Oso Parkway is shifted westward; to adjust the connection between CR 43 East and Oso Parkway; and to connect CR 20A with Oso Parkway. (Located near Council District 5) Sponsors:Planning & Environmental Services 22.20-0175 Ordinance authorizing a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development Corporation to construct wastewater force main and lift station for a planned residential subdivision located on CR-43 with a completion date of February 28, 2022; transferring $300,000 from the Sanitary Sewer Collection Line Trust Fund and $200,000 from the 4030 Water Distribution Main Trust Fund to the Sanitary Sewer Trunk System Trust Fund; and appropriating $1,965,620.00 from the Sanitary Sewer Trunk System Trust Fund to reimburse the Developer per the agreement. (District 5) Sponsors:Development Services N.REGULAR AGENDA: O.FIRST READING ORDINANCES: (ITEMS 23 - 24) 23.20-0208 Ordinance authorizing a Type B Affordable Housing agreement with TG 110 Village at Greenwood GP, LLC in the amount of $1,250,000 for a $12.7 million dollar development with 30 affordable housing rental units out of a total of 60 multi-family, mixed income units to be paid over two years; appropriating funds in the amount of $625,000 from the Type B Affordable Housing Fund; and amending the budget. Sponsors:Human Resources 24.20-0016 Ordinance authorizing a purchase from Twincrest Technologies, of Fort Worth, Texas for the Wavetronix Radar Detection System for a total amount of $1,102,665 for Public Works/Street Operations Department to be used for traffic signal vehicle detection and funded by the Streets Fund; and amending the budget to appropriate $1,102,665 in Street Operation Reserves. Sponsors:Public Works/Street Department and Contracts and Procurement P.BRIEFINGS: (ITEM 25) Page 5 City of Corpus Christi Printed on 2/10/2020 February 11, 2020City Council Meeting Agenda - Final-revised 25.20-0223 Corpus Christi Seawater Desalination Siting and Permitting Project Update Sponsors:Utilities Department Q.EXECUTIVE SESSION: (ITEMS 26 - 27) 26.20-0180 Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning the lawsuit of Salinas Construction Technologies, Ltd. and Salinas and Sons, Inc. v. City of Corpus Christi and the potential approval of attorney’s fees, expert fees, and expenses in said case. 27.20-0240 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 a proposed Agreement between the Corpus Christi B Corporation and TG110 Village at Greenwood GP, LLC for developer reimbursement of up to $1,250,000 for construction of 30 affordable housing rental units within a 60 unit multi-family housing development at 5992 Greenwood Drive 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). R.IDENTIFY COUNCIL FUTURE AGENDA ITEMS S.ADJOURNMENT Page 6 City of Corpus Christi Printed on 2/10/2020 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, January 28, 2020 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:34 a.m. Invocation to be given by Pastor Rick Barrera, Believe Church.B. Pastor Rick Barrera gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Wesley Nebgen, Assistant Director of Maintenance of Lines, Water Utilities. C. Wesley Nebgen led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Mayor McComb announced that the Port of Corpus Christi Authority of Nueces County, TX appointment, in Item 3, has been rescheduled for February 11, 2020. Proclamations / CommendationsE. 1.Proclamation declaring February 1, 2020, "Know Your Numbers Day". The Proclamation was presented. Page 1City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: OTHERa. 1) A Request for Qualifications (RFQ) for engineering services for the design of the North Beach canal was released on January 27, 2020. City Manager Zanoni discussed the related procurement process and key dates. 2) City Manager Zanoni announced promotions in the ranks of Lieutenant, Captain and Deputy Chief in the Corpus Christi Police Department. 3) City Manager Zanoni discussed available information related to the recent outbreak of the coronavirus and the City's preparations. MINUTES:H. 2.Regular Meetings of January 14, 2020 and January 21, 2020. Mayor McComb referred to Item 2. A motion was made by Council Member Garza, seconded by Council Member Roy, that the Minutes be passed. The motion carried by a unanimous vote. EXPLANATION OF COUNCIL ACTION:J. CONSENT AGENDA: (ITEMS 4 - 12)K. Consent - Second Reading Ordinances Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Staff requested that Item 20 be pulled for individual consideration. Council members requested that Items 12 and 13 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Garza, seconded by Council Member Molina, to approve the Consent Agenda. The motion carried by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 4.Zoning Case No. 1119-01, SCCBH, LLC. (District 1). Ordinance rezoning property at or near 221 Kleberg Place from the “CR-1” Resort Page 2City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes Commercial District to the “CR-3” Resort Commercial District. Planning Commission and Staff recommend approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032001 5.Zoning Case No. 1119-02, H&P North Beach, LLC (District 1). Ordinance rezoning property at or near 202, 229, and 230 Kleberg Place from the “RM-AT” Multifamily AT District to the “CR-3” Resort Commercial District. Planning Commission and Staff recommend approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032002 6.Zoning Case No. 1219-01, Paula Gaut Properties, Inc. (District 5). Ordinance rezoning property at or near 6734 Saratoga Boulevard (State Highway 357) from the “RS-6” Single-Family 6 District to the “CG-2” General Commercial District. Planning Commission and Staff recommend Approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032003 7.Ordinance accepting a grant from the Flint Hills Resources 2019 Helping Heroes Program in the amount of $10,000 to purchase hazmat equipment; and appropriating the funds into the Fire Grant Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032004 8.Ordinance to appropriate (a) $148,509.14 interest earnings from Airport CIP Funds for City’s match for future FAA Grant Projects; (b) $3,119,110.54 interest earnings from Bond Proceeds for Public Health and Safety, Public Facilities, Parks and Recreation, and Street bond projects; (c) $3,553,010.17 interest earnings from Utility Revenue Bond Funds for Utility projects (d) $359,757.13 interest earnings from Specialty Bond Funds including Texas Military Preparedness Commission, Public Property Finance Contractual Obligations, Seawall, Type B Streets and Packery Channel for approved specialty projects; and (e) $955,002.37 in other unappropriated funds including street assessments, street closure fees and Federal Government reimbursements for Streets and Utilities projects; changing the FY 2020 Capital Improvement Budget adopted by Ordinance No. 031870 to increase expenditures accordingly. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032005 Page 3City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes 9.Ordinance amending Corpus Christi Code of Ordinances to add Section 49-15 authorizing execution of easement encroachment licenses as an administrative remedy. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032006 10.Ordinance awarding a construction contract to R.S. Parker Construction, LLC for reconstruction of Newport Pass Road and Zahn Road with new concrete pavement in the amount of $1,337,185.02, located in Council District 4, effective upon issuance of notice to proceed, funding is available from Street Bond 2014, Proposition 2 and Water Utility Capital Program funds; and the FY 2020 Capital Budget is amended to add this project. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032007 11.Ordinance awarding a contract to HDR Engineering, Inc., for design, bid, and construction phase services for Packery Channel Dredging and Beach Nourishment in the amount of $ 392,736, located in Council District 4, effective upon issuance of notice to proceed, with funding available from Tax Increment Reinvestment Zone (TIRZ) No. 2 and State Hotel Occupancy Tax Reserve Funds upon approval of this ordinance to amend the budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032008 12.Ordinance awarding eight Master Services Agreements (MSAs) for Bond 2020 and FY 2021 CIP feasibility studies in an amount not to exceed $3,600,000; three MSAs in the amount of $650,000 each to Freese and Nichols, HDR Engineering, and Urban Engineering for Street projects; two MSAs in the amount of $500,000 and $250,000, to Urban Engineering and LAN respectively for Utility Projects; and three MSAs in the amount of $300,000 each to Bath Engineering, LNV Inc. and Hanson Professional Services for Facility Projects, located city wide with funding available from Street Bond 2014 and FY 2020 Utility CIP; and amending the FY 2020 Capital Budget. Mayor McComb referred to Item 12. Council members, City Manager Peter Zanoni and Director of Engineering Services Jeff Edmonds discussed the following topics: that monies are not being spent on these agreements at this time; the agreements are being established so the vendors are under contract when needed; the timeline for Bond 2020; citizen engagement in the Bond 2020 process; working with Council on potential Bond 2020 projects; elevating the City's most critical projects for Bond 2020 funding consideration; large bond issuances every 5 years versus Page 4City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes small bond issuances every 2 years; the vacancy rate in the Engineering Department; the City's capacity to address projects; recruitment efforts in the Engineering Department; if the City is behind schedule on bond projects; establishing uniformity in rates for labor categories in engineering services contracts; the impact on an engineering firm's fees and total project cost related to the time to complete work, the number of people assigned to a project and the approach to a project; standardization of passthrough costs between engineering firms; that engineering rates are but one component of a project; reasonableness of engineering rates; the purpose of an engineering firm's rate sheet; if rates submitted by engineering firms are part of an engineering firm's contractual agreement with the City; and doing a better job of negotiating with engineering firms versus simply relying on fees as set out in an engineering firms' rate sheet. Council members and Director Edmonds discussed the following topics: The added cost of considering bond issuances in off-year elections; that this Item adds contracting capacity; that monies are not being spent today under these agreements; that project cost negotiations come later; and negotiating a not-to-exceed amount. There were no comments from the public. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Nay:Council Member Hernandez1 - Abstained:0 Enactment No: 032009 PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. F. Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. City Secretary Rebecca L. Huerta conducted the public comment period. C. J. Johnson, 509 S. Carancahua St., spoke regarding shootings in relation to mental illness. Jack Gordy, 4118 Bray Dr., spoke regarding the quality of street and pothole repairs; illegal signs; and Code Enforcement issuing citations Page 5City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes related to illegal signs. Juan Cantu, 3302 Surfside Blvd., spoke in support of continuing the North Beach Task Force. Debra Plowman, 3417 Tahiti Dr., spoke regarding and invited the Council and the public to the Regional Science Fair on February 8, 2020 on the campus of Texas A&M University - Corpus Christi. Gloria Scott, 4422 S. Alameda St., spoke in support of using the Spohn Memorial Hospital building to house homeless individuals. Margareta Fratila, 3606 Tripoli Dr., spoke in support of individuals being required to prominently display the address numbers on their home or business; and pothole repairs in private parking lots. Barbara Major, 1315 Van Loan Ave., spoke regarding issues/concerns related to the Hillcrest area. John Medina, 4931 Mokry Dr., spoke regarding high water bills; the electronic meter reading process; communication with City staff; the composition of the Council; and age discrimination. CONSENT AGENDA: (ITEMS 13 - 20)K. 13.Ordinance approving the Second Amended and Restated Stadium Lease Agreement with Corpus Christi Baseball Club, LP; appropriating funds in the amount of $2,000,000.00 from the Business and Job Development Fund to match a $1,000,000 allocation by Corpus Christi Baseball Club, LP, for improvements to Whataburger Field; and amending the operating and capital budget. Mayor McComb referred to Item 13. Assistant City Manager Keith Selman presented information on the following topics: The Hooks' impact on our community; economic impact; Hooks baseball; community impact; events at Whataburger Field; and The Hooks' fan base. Corpus Christi Hooks General Manager Wes Weigle presented information on the following topics: 2005 - 2020 Capital Improvements; corroded I beams and steel safety railings; field protective netting; berm, exterior and irrigation refurbishment; suite level refurbishment; outfield video board and production system; enclose batting cages / add HVAC; suite level loft area upgrade; concourse box hospitality area; field wall padding; replace ice machines and walk-in coolers; renovate clubhouse / training facilities; and structural integrity. A council member, City Manager Peter Zanoni, Assistant City Manager Selman and Mr. Weigle discussed the following topics: the status of and plan for the existing scoreboard; if the industrial ice maker should be considered an appliance or a capital item; that the City owns the industrial ice maker and the walk-in coolers; and if the City should pay to replace the industrial ice maker. There were no comments from the public. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Page 6City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes Abstained:0 Enactment No: 032010 Consent - Contracts and Procurement 14.Motion authorizing a two-year service agreement with Miguel Hernandez Jr., dba Universal Tool and Die, of Corpus Christi, Texas, for a total amount not to exceed $90,000.00 for on-call fabrication, welding, and repair services for the Wastewater Division of the Utilities Department, effective upon issuance of notice to proceed, with first-year funding in the amount of $33,750.00 available in the Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2020-036 15.Motion authorizing a two-year supply agreement with DPC Industries, Limited Partnership of Houston Texas, for an amount not to exceed $579,162.80, for the purchase of Liquid Chlorine in Railcars to be used during the water treatment process as the primary disinfectant at O.N. Stevens Water Treatment Plant, effective upon issuance of notice to proceed, with FY2020 funding in an estimated amount of $193,054.26 available through the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2020-037 16.Motion authorizing a two-year supply agreement with Southern Ionics Inc., of West Point, Mississippi, in an amount not to exceed $1,221,677.00, for the purchase of Sodium Bisulfite to be used by the Wastewater Division of the Utilities Department to dechlorinate wastewater, effective upon issuance of notice to proceed, with first-year funding in the amount of $610,838.00 available in the FY 2020 Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2020-038 17.Motion authorizing a three-year service agreement with Smart Plumbing, Incorporated of Corpus Christi, Texas with an amount not to exceed $626,643.75, to perform on-call plumbing repair services to City owned facilities, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $139,254.17 available through the Facility and Property Management Fund. This Motion was passed on the consent agenda. Enactment No: M2020-039 Page 7City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes Consent - Capital Projects 18.Motion awarding a contract to Urban Engineering for design, bid, and construction phase services for the Packery Channel Waterline project in the amount of $195,630.00, located in City Council District 4, effective upon notice to proceed, with funding approved and available from FY 2019 Water Capital Improvement Program. This Motion was passed on the consent agenda. Enactment No: M2020-040 General Consent Items 19.Resolution identifying City matching funds of $7,600,000 from the Stormwater Capital Improvement Program (CIP) for the Texas General Land Office Community Development & Revitalization grant application for La Volla Creek drainage improvements. This Resolution was passed on the consent agenda. Enactment No: 032011 20.Resolution determining the public necessity and public use for the acquisition of fee simple property rights for a public improvement project known as the La Volla Creek Detention Pond Project; authorizing negotiation to acquire the property interests; authorizing condemnation by eminent domain to acquire fee simple property interests in approximately 132 acres of land owned by Lands Greenwood 2018 LLC located near the intersection of Saratoga Boulevard and Greenwood Drive . Mayor McComb referred to Item 20. A council member discussed how this Item will address drainage problems in the area of the subject property. Council Member Barrera moved that the City of Corpus Christi authorize the use of the power of eminent domain to acquire approximately 132 acres of land owned by Lands Greenwood 2018 LLC near the intersection of Greenwood Drive and Saratoga Boulevard, as further described in the official records of Nueces County in Document Number 2018007770, for the La Volla Creek Detention Pond Project, seconded by Council Member Hunter. Council members and Development Services Policy Administrator Yvette Dodd-Wallace discussed the following topics: flooding in the area of the subject land; the amount of the subject land in the flood plain; thanks to staff for their efforts to make this Item happen; the relationship between economic development in the area of the subject property and this action addressing drainage problems in the area; and the number of households that will be out of the flood zone once both projects are completed and the area is re-mapped. Page 8City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes There were no comments from the public. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 032012 BOARD & COMMITTEE APPOINTMENTS:I. 3.Marina Advisory Committee (5 vacancies) Port of Corpus Christi Authority of Nueces County, TX (1 vacancy) Mayor McComb referred to Item 3. Marina Advisory Committee Council Member Smith made a motion to reappoint and realign Ron Smith from Community At-Large to Environmentalist, seconded by Council Member Molina and passed unanimously. Council Member Molina made a motion to appoint Charles Pendlyshok (Community At-Large), Clifford Bost (Community At-Large) and Margareta Fratila (Community At-Large), seconded by Council Member Hunter and passed unanimously. Port of Corpus Christi Authority of Nueces County, TX This appointment was rescheduled to February 11, 2020. PUBLIC HEARINGS: (ITEMS 21 - 22)M. 21.Ordinance renewing the Corpus Christi curfew for minors ordinances as mandated every three years per the Local Government Code. Mayor McComb deviated from the agenda and referred to Item 21. Chief of Police Mike Markle stated that the purpose of this Item is a three-year renewal of the City's curfew ordinance as required every three years by the Texas Local Government Code. Council members and Chief Markle discussed the following topics: the dates, as specified in the ordinance, when public hearings are held; when the ordinance was originally passed; the juvenile court and trip center; the problem(s) the ordinance was intended to remedy; statistics relating to the effectiveness of the ordinance; the reasons for there no longer being a need for a trip center; and exceptions to the ordinance. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Guajardo. Page 9City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 22.Ordinance amending the London Area Wastewater Master Plan, an element of the Comprehensive Plan, to provide wastewater service to approximately 144 acres of land located immediately west of the existing London Area Wastewater Master Plan Area; amending related elements of the Comprehensive Plan; and providing for publication. (Located near Council District 3) Mayor McComb referred to Item 22. Director of Planning and ESI Daniel McGinn presented information on the following topics: location map; proposed service area; and Planning Commission's and staff's recommendation to approve. Council members and Director McGinn discussed the following topics: total acreage of the basin; the ability to add additional acreage; that all wastewater goes to the Greenwood Wastewater Treatment Plant (GWWTP); the capacity of the GWWTP; the number of acres to which this Item will provide sanitary sewer service; and the related downstream impacts of Item 20, previously discussed. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Roy. This ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 REGULAR AGENDA: (NONE)N. FIRST READING ORDINANCES: (NONE)O. EXECUTIVE SESSION: (ITEMS 24 - 25)Q. Mayor McComb deviated from the agenda and referred to Executive Session Items 24 and 25. The Council went into executive session at 1:21 p.m. The Council returned from executive session at 2:16 p.m. Page 10City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes 25.Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties or discipline of City Auditor. The Council considered the following motion: Motion to authorize Kimberly Houston, Interim City Auditor, to have until June 30th, 2020 to become certified as a Certified Internal Auditor. She shall automatically be considered the City Auditor at such time as she obtains her Certification as a Certified Internal Auditor. Council Member Smith made a motion to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2020-042 24.Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning the lawsuit of Richard Salazar v. City of Corpus Christi Officer Cantu and Officer DeLeon and the potential approval of settlement(s), attorney’s fees, expert fees, and/or expenses in said case. The Council considered the following motion: Motion to authorize the City Manager or designee to execute all documents necessary to settle the lawsuit of Richard Salazar v. City of Corpus Christi; Officer Gilbert Cantu and Officer Jaqueline DeLeon in an amount provided by the City not to exceed $428,358.39, plus additional amounts provided by third parties. Council Member Smith made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2020-041 RECESS FOR LUNCHL. The recess for lunch was held during Executive Session Items 24 and 25. BRIEFINGS: (ITEM 23)P. Page 11City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes 23.Briefing of the findings from the recent Alternative Utility Financing study and potential alternative options for managing infrastructure development. Mayor McComb referred to Item 23. Director of Development Services Al Raymond stated that, on August 13, 2019, the Council directed the city manager and staff to review, examine and assess the current trust funds and provide recommendations as to best practices moving forward. Director Raymond presented information on the following topics: briefing overview; utilities trust fund overview; utilities trust fund timeline; alternative utility financing 2019 update; alternative utility financing timeline; alternative utility financing; and development fees. Council members and Director Raymond discussed the following topics: if stormwater is part of the trust funds; including stormwater as a separate line item on utility bills; a stormwater utility fee study; stormwater impact fees; the monetary effect, on utility rate payers, of impact fees; and an overall stormwater plan. Director Raymond presented information on the following topics: summary of major capital funding sources among major Texas cities; impact versus development fees; impact fees; impact fee per single-family equivalent in Texas cities; fee comparison: lot versus impact fees; and recommended action plan. Council members, Director Raymond, Assistant Director Michael Dice and Development Services Contracts/Funds Administrator Michael Johnston discussed the following topics: transitioning from lot and acreage fees to impact fees; defining service areas with respect to where the City would like to encourage development; using impact fees to encourage development in specific areas of the city; a comprehensive land plan; impact fees being different in various parts of the city, depending on infrastructure in place; incentivizing infill; adjusting impact fees in various parts of the City after a specific number of years based on infrastructure in place; use of impact versus developer fees; establishing an impact fee advisory board and its composition; that the impact fee advisory board would be separate from the Planning Commission; acreage already subject to impact fees, on Mustang Island, as part of the Nueces County Water Control and Improvement District Number 4; the percentage of current utility bills associated with debt; available reserves; the types of expenditures that can be funded by impact fees; using impact fees to manage the City's infrastructure systems; the next time Council will see this Item; the need to address developer fees; tools to encourage infill development in the City center; increasing the density of development; feedback from developers about impact fees; shortcomings of developer funds; concerns regarding the equitableness of the current process of disbursing trust fund monies to developers; the level of difficulty involved in returning to developer fees if impact fees are adopted; water, wastewater, stormwater and road impact fees; the current situation whereby developers make changes to the master plan; the process of and timeline for adopting impact fees and sunsetting the current model; communication with developers regarding moving to impact fees; stakeholder involvement in this process; the City versus developers controlling growth in the City; the frequency of presentations to Page 12City of Corpus Christi Printed on 2/5/2020 January 28, 2020City Council Meeting Minutes Council regarding trust funds; the history of the City's trust funds; that Council initiated the 2018 trust fund audit; accelerating implementation of impact fees; creating an impact fee system that is operated by application of data and processes, not by employee decisions; developers having been able to obtain reimbursements from trust funds without having to have put monies into the trust funds; next steps; that impact fees are a positive development; and the process of transitioning from the current system to impact fees. IDENTIFY COUNCIL FUTURE AGENDA ITEMSR. Mayor McComb referred to Identify Council Future Agenda Items. Mayor McComb announced that the Executive Director of the Port of Corpus Christi has invited the Mayor and City Manager to visit a desalination plant in California; and that the General Manager of the San Patricio Municipal Water District has invited the Council to tour their facility on February 4, 2020 in three available time slots. ADJOURNMENTS. The meeting was adjourned at 3:24 p.m. Page 13City of Corpus Christi Printed on 2/5/2020 Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category *Wayne Squires 1 1/20/2015 12/31/2020 City Council Vice-Chair Resigned City Richard Bowers Other / Non-Resident 2 12/3/2014 12/31/2020 Nueces County Active County Charles Zahn 3 1/11/2012 12/31/2020 Nueces County Chair Active County Wes Hoskins District 1 2 1/1/2016 12/31/2021 San Patricio County Active San Patricio Richard R Valls Jr.District 4 2 12/10/2013 12/31/2021 City Council Secretary Active City David P. Engel District 4 3 1/1/2020 12/31/2022 City Council Active City Catherine Hilliard 1 1/1/2020 12/31/2022 Nueces County Active County *One (1) vacancy with term to 12/31/2020, representing the following category: 1- City. Seven (7) members appointed as follows: three (3) City Council, three (3) Nueces County Commissioner's Court and one (1) San Patricio County for three-year staggered terms. Each person who is appointed or elected shall be a resident of the proposed navigation district and shall be an elector of the county. A person must have been a resident of Nueces County for at least six months to be eligible for appointment to the Port Commission. Commissioners may serve up to four (4) three-year terms. The Port of Corpus Christi Authority of Nueces County, Texas follows the laws prescribed in Article XVI, Section 59 of the Texas Constitution. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS 2-11-2020 Name District Category Patricia C Bell District 4 City Kenneth Berry District 1 City *Carl E Crull District 5 City **R. Bryan Gulley District 4 City ***Al Jones District 4 City Bradley H Lenz District 4 City Ray Madrigal De Pancho Villa District 2 City Jonathan S Nabours District 2 City ****Philip J. Ramirez District 4 City *****Jon Reily District 5 City Jay Rivera District 4 City James L Rogers District 5 City Denise Villalobos District 1 City Larry L White District 5 City *****Currently serves on the Airport Board. Willing to resign if appointed. **Currently serves on the Island Strategic Action Committee - Ex-Officio non voting member. Resignation is not required. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Applicants *Currently serves on the Airport Zoning Commission and Planning Commission. Willing to resign if appointed. ***Currently serves on the Reinvestment Zone No. 3 Board. Willing to resign if appointed. ****Serves on the Corpus Christi Regional Economic Development Corporation appointed by membership and the Charter Review Ad Hoc Committee. Resignation is not required. DATE: January 8, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance renewing the Corpus Christi curfew for minors ordinances as mandated every three years per the Local Government Code. SUMMARY: The City of Corpus Christi curfew for minors ordinances must be renewed as mandated every three years per the Local Government Code. BACKGROUND AND FINDINGS: The City of Corpus Christi Code of Ordinance, Sections 33-40, 33-41, 33-42, and 33-43 enforce the curfew for minors. As per Section 370.002 of the Local Government Code a City is required to review its juvenile curfew order or ordinance before the third anniversary of its adoption and every third year thereafter. The Local Government Code mandates a municipality to 1. review the ordinances effects on the community and on problems the ordinance was intended to remedy, 2. hold public hearings on the need to continue the ordinance, and 3. determine whether to abolish, continue, or modify the ordinance. Failure to act in accordance with Section 370.002 shall cause the ordinance to expire. As per the current City Code of Ordinance Section 33-40(a)(2) a minor cannot appear in a public place between the hours of 11:00 P.M. and 6:00 A.M., or on a Monday, Tuesday, Wednesday, Thursday, or Friday between the hours of 9:00 A.M and 4:00 P.M. The curfew for minors ordinance was first implemented on February 16, 1999 and has been renewed every three years, with the last City Council review in February 2017. ALTERNATIVES: None Ordinance renewing the Corpus Christi curfew for minors ordinances as mandated every three years per the Local Government Code. AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting of January 28, 2020 Second Reading Ordinance for the City Council Meeting of February 11, 2020 FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: Staff recommends renewing the ordinances. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance renewing the Corpus Christi curfew for minors ordinances as mandated every three years per the Local Government Code. WHEREAS, the City Council of the City of Corpus Christi has previously adopted ordinances relating to curfews for minors and found at Sections 33 -40, 33-41, 33-42 and 33-43 of the Code of Ordinances, City of Corpus Christi; WHEREAS, as provided in Section 370.002 of the Texas Local Government Code, the City Council must review the curfew ordinance every three years to determine whether such ordinance should be abolished, continued or modified; WHEREAS, the subsequent third year anniversary date of adoption of the Juvenile Curfew ordinance is February 16, 2020; WHEREAS, the City Council has held public hearings thereon on January 28, 2020 and on February 11, 2020 and has reviewed the ordinances’ effects on the community and on problems the ordinances were intended to remedy, prior to the anniversary date; WHEREAS, Corpus Christi continues to experience juvenile violence, juvenile crime and juvenile gang activity, resulting in juveniles being involved in a range of unacceptable behavior to include vandalism, assaults, public consumption of alcoholic beverages, littering, illegal drug use and burglaries; WHEREAS, persons under 17 years of age are particularly susceptible, by their lack of maturity and experience, to participate in unlawful and potentially harmful activities and to become victims of other perpetrators of crime, and Corpus Christi has no more important resource than its young people; WHEREAS, a lack of parental supervision and guidance contributes to unacceptable levels of juvenile violence, crime and gang activity, and parental responsibility needs to be supported; WHEREAS, attendance at school by minors is vital to the community because it helps prepare children to be responsible citizens, and a curfew during school hours reduces distractions and alternatives which induce non-attendance and activities detrimental to minors and to the community, and compliments laws compelling school attendance and discourages violations of those laws; WHEREAS, it is necessary for the City of Corpus Christi to exercise its authority to protect minors from each other and from other persons, to promote parental control and responsibility for children, to supplement state truancy laws, to protect the general public, and to reduce juvenile criminal and delinquent activities; and WHEREAS, the City Council determines, pursuant to the above findings, that the public health and safety demands continuation of the o rdinance establishing a curfew for minors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The curfew ordinances found at Sections 33-40, 33-41, 33-42, and 33-43 of the Corpus Christi Code of Ordinance is hereby continued. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of _________________, 2020, by the following vote: Joe McComb _____________ Greg Smith ______________ Rudy Garza _____________ Everett Roy ______________ Paulette Guajardo _____________ Roland Barrera ______________ Michael Hunter _____________ Gil Hernandez ______________ Ben Molina _____________ That the foregoing ordinance was read for the second t ime and passed finally on this the _______ day of _____________________, 2020, by the following vote: Joe McComb _____________ Greg Smith ______________ Rudy Garza _____________ Everett Roy ______________ Paulette Guajardo _____________ Roland Barrera ______________ Michael Hunter _____________ Gil Hernandez ______________ Ben Molina _____________ PASSED AND APPROVED, this the ______ day of ______________________, 20 20. ATTEST: __________________________________ _____________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE: January 3, 2020 TO: Peter Zanoni, City Manager FROM: Gabriel Hinojosa, P.E., Engineer V, Utilities Department Daniel McGinn, AICP Director of Planning and Environmental Services CAPTION: Ordinance amending the London Area Wastewater Master Plan, an element of the Comprehensive Plan, to provide wastewater service to approximately 144 acres of land located immediately west of the existing London Area Wastewater Master Plan Area; amending related elements of the Comprehensive Plan; and providing for publication. SUMMARY: MPM Development LP through Bass and Welsh Engineering has requested this amendment to initiate the utility planning work that would be necessary to develop a proposed 446-acre mixed- use development in the London area. The current London Area Wastewater Master Plan does not include approximately 144-acres of this planned development. Amending the plan would allow the entire project to be served by wastewater. Staff and Planning Commission recommend approval. BACKGROUND AND FINDINGS: The adopted wastewater master plan (Ordinance 031426) was approved by City Council on May 8th, 2018 and covers approximately 300 acres of the proposed project boundary. On December 10th, 2019 City Council approved the annexation of the King’s Landing Development Area. The King’s Landing Development Area represents the 446-acre mixed-use development referenced above. The applicant is seeking this amendment to increase the boundary to the west so an additional 144 acres can be added to the basin covering the entire project. At full buildout, MPM Development plans to create 1,446 single-family lots on 363.1 acres of the subject property. The remaining 83.3 acres are proposed for commercial uses (73.3 acres) and a church (10 acres). Wastewater Master Plan amendment adding approximately 144 acres into the existing London Area Wastewater Master Plan Basin AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting January 28, 2020 Second Reading Ordinance for the City Council Meeting February 11, 2020 This amendment to the London Area Wastewater Master Plan was brought before the Planning Commission on December 18th of 2019. Staff recommended approval based on the below analysis. An 18-inch gravity line will handle a maximum flow of 1,750 gallons per minute (GPM) at 0.12% slope and this is what is currently under construction. Based on what staff has been provided by the applicant, the development of the West sub-basin, including the additional 144 acres requested in this amendment, will generate a peak flow of 1,630 GPM. This peak flow is well within the capacity of the 18” line currently being constructed. This amendment will increase the service boundary of the lift station from 1,420 acres to 1,560 acres. Minor amendments are proposed as follows:  Adjust the boundaries of the lift station service area to include an additional 144 acres  Create a new sub-basin to the north with an additional gravity line to connect to the lift station ALTERNATIVES: No other alternatives were considered. FISCAL IMPACT: There is no financial impact associated with this item. RECOMMENDATION: Staff and Planning Commission recommend approval. LIST OF SUPPORTING DOCUMENTS:  Ordinance with Proposed Master Plan Exhibit  Applicant’s Request and Technical Memorandum  PowerPoint Ordinance amending the London Area Wastewater Master Plan, an element of the Comprehensive Plan, upon application by development group MPM Development LP, to provide wastewater service to approximately 144 acres of land located immediately west of the existing London Area Wastewater Master Plan Area; amending related elements of the Comprehensive Plan; and providing for severance and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the adoption of the London Area Wastewater Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 12th, 2019, during a meeting of the Planning Commission, and on Tuesday, January 28th, 2020, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that amendment of the London Area Wastewater Master Plan would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the London Area Wastewater Master Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas) is amended to increase the boundary to the west by 144 acres, to add a 8” Gravity Main running parallel to the existing 16” Force Main, and to increase in diameter other Gravity Mains to accommodate the new land and anticipated development as shown in Exhibit "A", attached to this ordinance and incorporated by reference. SECTION 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this Ordinance. SECTION 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _______________, 2020, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ PASSED AND APPROVED on this the _______ day of _______________, 20 20. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT A NMW:sab October 11, 2019 18068-WWMP-LTR.doc To: Gabriel Hinojosa, P.E. Subject: King’s Landing Master Wastewater Plan Amendment Requested Amendment - This is to request an amendment in the London Area Wastewater Master Plan as associated with the subject site. This amendment will provide for adding about 140 acres to said master plan service area, a portion of the subject site. This amendment request provides an evaluation of the capacity of the 18” gravity main (18” GM) as shown in exhibit attached as we discussed. Said 18” GM main extends from a point near the lift station (LS1 as shown in said exhibit) thru the proposed London Town Subdivision and stubbing into the east boundary of the subject site. Said 18” GM is deep enough to serve the subject site. 18” GM Service Areas – Said 18” GM serves the land west of CR 33 plus about 29 acres at the south side of said 18” GM at CR 33. The flow from LISD land as shown in said exhibit will not be considered in evaluating the capacity of the 18” GM as peak flow from LISD occurs during business hours whereas peak flow from other areas occurs during non-business hours. It is assumed that the land on the east side of County Road 33 and north side of the 18” gravity main will drain directly to the lift station (not thru the 18” GM). Population of subject site - There are 1,445 lots in the total subdivision less 4 commercial lots = 1,441 residential lots. The population of the residential lots is estimated to be 1,441 lots x 3 persons per lot = 4,323 persons. The 4 commercial lots total 78 acres. With regard to the commercial lots, assume 15 acres are apartments at 21 units per acre = 315 units. At 2.5 persons per unit, the apartments produce 788 persons. The remaining commercial = 78 acres – 15 acres = 63 acres produces 630 persons at 10 persons per acre. Thus, the estimated population of the subject site is 4,323 + 788 + 630 = 5,741 persons. Population of London Town - The London Town Subdivision is estimated to have 561 lots and based on 3 persons per lot, a population of 1,683 persons is produced. Population of Camp Tract – The Camp Tract has a net of 123 acres of which produces 492 lots at 4 lots per acre and at 3 persons per lot, a population of 1,476 persons. Population of 29 acres on the east side of County Road 33 and south side of the 18” GM at 4 lots per acre produces 116 lots and at 3 persons per lot produces 348 persons. Population Sum - A total of 5741 + 1683 + 1476 + 348 = 9,248 persons is produced for flow into the 18” GM at CR 33. Flow in 18” GM - Using the Babbitt Formula (5/population in thousands to 0.2 power), a peaking factor of 3.2 is produced. 9,248 persons x 80 gallons pers person per day x 3.2 produces 2.36 MGD. The infiltration inflow from 429 + 118 + 123 + 29 = 699 acres, at 400 gal/ac/day produces 0.28 MGD, thus the total flow into the 18” is 2.64 MGD. This is for that portion of the 18” GM east of County Road 33 which will carry the flow from the Camp Tract also. This produces a hydraulic grade requirement of 0.15% between County Road 33 and the 24” pipe near the lift station. This would result in a rise of 0.38’ in the hydraulic grade of the 18” at CR 33 with the 18” GM constructed to a slope of 0.12%. This figure is negligible; thus, I request and recommend the Master Plan change to allow the flow from all of the subject site into said 18” GM. Nixon M. Welsh, P.E. City Council Presentation January 28, 2020 Amendments to the Wastewater Master Plan For the London Area 1 Location Map -King’s Landing -Annexation -Applicant Requested modification to plan. Proposed Service Area Planning Commission & Staff Recommendation Approval of the following amendments: • Adjust the service boundary to include an additional 144 acres in the west portion of the lift station basin. • Addition of 8 inch gravity line that will serve area to the north of the lift station and east of CR 33, line will connect into the 24 inch gravity main. 4 DATE: February 11, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a five-year supply agreement with American Kennel Club Companion Animal Recovery Corporation from Raleigh, North Carolina, in an amount not to exceed $194,500.00 for pet microchips and scanners for Animal Care Services, with funding in the amount of $22,691.67 available in the FY 2020 Animal Control General Fund. SUMMARY: This item is to authorize a supply agreement for pet microchips and scanners to be used by Animal Care Services. BACKGROUND AND FINDINGS: Animal Care Services is seeking to secure a long-term supply agreement for pet microchips and scanners to continue use of the existing products. The pet microchips are implanted in pets and the scanners are used to assist in the reunification of lost pets and their owners. The microchips are used for pets that are captured by Animal Care Services and ready for adoption. Additionally, the microchips are used during City wide events that are held by Animal Care Services for the community and their pets. The manufacturer has a publicly accessible website which makes locating owners very expeditious. The Contracts and Procurement Department conducted a competitive Request for Bid process and received two bids. Staff is recommending award to American Kennel Club Companion Animal Recovery Corporation, as the lowest responsive, responsible bidder. Animal Care Services will purchase 10,000 microchips annually at $38,900.00 and will Supply Agreement for Pet Microchips and Scanners for Animal Care Services AGENDA MEMORANDUM Action Item for the City Council Meeting of February 11, 2020 receive 17 scanners annually free of charge, for a total of 50,000 microchips for the five- year supply agreement, not to exceed $194,500.00. ALTERNATIVES: An alternative to accepting the lowest, responsive bid would be to reject all bids and not secure a long-term supply agreement. This process may cause Animal Care Services to be without microchips and scanners for the animals and pets may not be returned to their owners. FISCAL IMPACT: The fiscal impact for Animal Care Services in FY 2020 is $22,691.67 from the Animal Control Fund for the first-year funding of the five-year supply agreement for the purchase of microchips and scanners, with the remaining cost funded in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 2680 Animal Control Mission Element: 083 Project # (CIP Only): N/A Account: 520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends approval of this motion authorizing a supply agreement with American Kennel Club Companion Animal Recovery Corporation as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement Annual Item Equipment Description UOM QTY.Unit Price Total Unit Price Total 1 Individually packaged, standard lot quantities of Petlink Skim Polymer Microchips EA *10,000 3.89$ 38,900.00$ SLIM: $4.50 Value: $3.74 $45,000.00 $37,400.00 2 Compact Max Microchip Scanners EA 15 no charge -$ 199.00$ $2,985.00 3 Long Handle Range Microchip Scanners EA 2 no charge -$ 575.00$ $1,150.00 *Estimated 5-Year Supply 38,900.00$ $49,135.00 $41,535.00 10,000 x 5 years = 50,000 microhips for a total amount of $194,500.00 Datamars, Inc. Temple, TX City of Corpus Christi Contracts & Procurement Senior Buyer: Cynthia Perez TOTAL Bid Tabulation RFB 2603 Pet Microchips and Scanners for Animal Care American Kennel Club Raleigh, NC Revised 4.4.19 Attachment A - Scope of Work 1.1 Scope of Work Contractor shall supply Slim Pet Microchips and Microchip Scanners for Animal Care on an as needed basis as outlined in the following Scope of Work: A.Contractor shall supply 10,000 individually packaged microchips annually, the total amount for five years shall be 50,0000 standard lot quantities of Petlink Skim Polymer Microchips to be delivered on an as needed basis. B.Microchip information must be Chameleon compatible and have customer accessible search ability. C.Contractor shall supply the following Microchip Scanners: 1.Fifteen – Compact Max Microchip Scanners 2.Two – Long Handle Range Microchip Scanners D.Upon request, Contractor shall ship Pet Microchips and Microchip Scanners to the following address: Corpus Christi Animal Care Services 2626 Holly Road Corpus Christi, Texas 78415 Attn: Michelle Jorgensen 1.2 Special Instructions Animal Care delivery point of contact: Michelle Jorgensen (361) 826-4605 DATE: February 11, 2020 TO: Peter Zanoni, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement with Pro Tech Mechanical, Inc., of Corpus Christi, Texas for a total amount not to exceed $156,750.00 for Heating, Ventilation and Air Conditioning (HVAC) system maintenance and repairs for the Corpus Christi International Airport (CCIA), effective upon issuance of notice to proceed, with funding in the amount of $39,187.44 available through the FY 2020 Airport Fund. SUMMARY: This motion authorizes a service agreement with Pro Tech Mechanical, Inc. for HVAC maintenance and repairs. These services are necessary to maintain the temperatures at the airport at a comfortable level. BACKGROUND AND FINDINGS: The CCIA HVAC system is an automated chill water and boiler system that maintains comfortable indoor temperatures throughout the airport 24 hours, 7 days a week. The HVAC system requires periodic inspections, maintenance, and repairs to increase the life of the system. The chiller requires monthly water treatment testing and service to make sure chemicals are balanced. The Contracts and Procurement Department conducted a competitive R equest for Bid process to obtain bids for a contract. The City received two responsive, responsible bids. HVAC System Maintenance and Repairs for CCIA AGENDA MEMORANDUM Action Item for the City Council Meeting February 11, 2020 Staff recommends award to the lowest responsive, responsible bidder, Pro Tech Mechanical, Inc. ALTERNATIVES: The alternative to accepting this bid would be to hire personnel to maintain and repair the HVAC systems; however, certified technicians are a requirement in the service agreement. FISCAL IMPACT: The fiscal impact for CCIA in FY 2020 is $39,187.44. The remaining cost of $117,562.56 will be budgeted through the annual budget process for this three -year service agreement for HVAC system maintenance and repairs for CCIA. FUNDING DETAIL: Fund: 4610 Airport Fund Organization/Activity: 35040 Facilities Mission Element: 271 Maintain Facilities Airport Property Project # (CIP Only): n/a Account: 530210 Building Maint. & Services RECOMMENDATION: Staff recommends approval of this motion authorizing a three -year service agreement with Pro Tech Mechanical, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Sr. Buyer: Minerva Alvarado RFB 2526 - HVAC System Maintenance and Repair for CCIA Item Description Unit Qty Unit Price Total Price Unit Price Total Price 1 Technician Standard Hrs M-F 8:00am-5:00pm HR 480 $75.00 $36,000.00 $74.00 $35,520.00 2 Technician After Hours M-F 5:01pm-7:59am HR 108 $75.00 $8,100.00 $110.00 $11,880.00 3 Technician Weekends and Holidays HR 54 $75.00 $4,050.00 $120.00 $6,480.00 4 Professional Water Treatment Services & Analysis for Sterilizer Boiler/HVAC Plant (Condenser, Chiller, HWH Systems MO 36 $1,100.00 $39,600.00 $1,300.00 $46,800.00 Item Description % Markup Estimated Spend + Markup % Markup Estimated Spend + Markup 5 Parts/Material 15.00%$69,000.00 15.00%$69,000.00 $156,750.00 $169,680.00 Johnson Controls, Inc. Corpus Christi, TX Estimated Spend $60,000.00 Pro Tech Mechanical, Inc. Corpus Christi, TX Service Agreement Standard Form – Federal Funding Page 1 of 8 SERVICE AGREEMENT NO. 2526 HVAC System Maintenance and Repairs for CCIA THIS HVAC System Maintenance and Repairs for CCIA Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Pro Tech Mechanical, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide HVAC System Maintenance and Repairs for CCIA in response to Request for Bid/Proposal No. 2526 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, 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 Contractor agree as follows: 1. Scope. Contractor will provide HVAC System Maintenance and Repairs for CCIA (“Services”) 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, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $156,750.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. 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. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form – Federal Funding Page 2 of 8 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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 authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Gabirel Anton Aviation Department 361-289-0171 GabrielA@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor 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. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form – Federal Funding Page 3 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor 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 Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service 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. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form – Federal Funding Page 4 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, 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 Contractor and its employees had performed the work. 13. Amendments and Changes. 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. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 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 Contractor 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: Gabriel Anton Facilities Manager 1000 Internation Dr., Corpus Christi, TX 78406 Phone: 361-289-0171 Fax: 361-826-4404 IF TO CONTRACTOR: Pro Tech Mechanical, Inc. Attn: Dan Whiteside President 1622 Saratoga, Corpus Christi, TX 78417 Phone: 361-882-2101 Fax: 361-882-2154 Service Agreement Standard Form – Federal Funding Page 5 of 8 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) Termination for Cause. The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of te rmination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims Service Agreement Standard Form – Federal Funding Page 6 of 8 or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. Assignment. No assignment of this Agreement by the Contractor, 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 Contractor 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. 21. 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, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor 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. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 25. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior Service Agreement Standard Form – Federal Funding Page 7 of 8 negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 27. Federal Funding Requirements. This project is subject to requirements provided for the Federal Emergency Management Agency (FEMA), the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA, the FAA, or their designees may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Section 4 - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide all labor, materials, equipment, tools, and supervision necessary for maintenance and repair of existing HVAC systems on an as needed basis for the Corpus Christi International Airport (CCIA). 1.2 Scope of Work A.Response time for regular service shall be within 72 hours and for emergency calls within eight hours. B.The Contractor shall be available to answer calls 24 hours a day, 365 days a year. C.Repairs are to be done between 8:00am through 5:00pm, Monday through Friday. Any work done after hours must be authorized by the Contract Administrator. D.All work shall be authorized by the Contract Administrator by issuance of a work order or telephone request followed by a work order. A copy of the service report shall include date of work order number, start time and finish time, names of employees performing the work and time each person worked, a brief description of the work, name and part number used for repair or replacement, and recommendations or comments pertaining to the condition or operation of the equipment. Th service report shall be left with the Contract Administrator or designee upon completion of work. E.All repairs and adjustments to the systems will need to be approved by the Contract Administrator. F.All material and debris shall be cleaned up immediately and removed from the building. 1.3 Repair Services A.The Contractor shall respond and provide services to: 1.Mechanical breakdowns of chillers 1,2, and 3 2.Breakdown of associated chill water, condensing water, boiler system, pumps, and control or valve mechanisms. Page 1 of 5 3.Water treatment failure by providing corrective action and repairs to the water contact services. 4.Scheduled preventative maintenance and emergency repairs of the chiller cooling tower system. 5.Emergency repair /replacement of stand-alone cooling and heating systems not associated with the chiller system located on Airport property. 6.The Contractor shall perform upgrades of standalone cooling systems on airport property as requested by Contract Administrator. 7.Maintenance repairs or replacements of assemblies and parts associated with chiller system air handlers located throughout the airport terminal including motors and controller mechanisms. 1.4 Monthly Water Treatment Services A.The Contractor shall provide a full line, water systems chemist/technician on site at least twice a month. The chemist/technician shall be available to respond to any questions concerning testing and treatment reports during work hours. B.The Contractor shall provide all technical support required to control corrosion, scale algae, bacteria and slime in designated water systems. C.The Contractor shall prepare a written report of results and deliver such results to the Contract Administrator, when samples are drawn and analyzed. D.The Contractor shall adjust water treatment chemical feed and blowdown rates to maintain consistent, uniform, and desired concentrations as result of tests. E.The Contractor shall inspect chemical feeding systems and report any malfunction to the Contract Administrator, or designee. F.The Contractor shall determine the rate of bleed-off required to keep the condenser water concentrations at a safe level based on balanced chemistry to be determined by makeup and cooling tower water parameters. G.The Contractor shall maintain a stock of material for contingency used to clean heat exchangers in the system if operating problems develop due Page 2 of 5 to fouling. Contractor must complete request within eight hours after being notified by the Contract Administrator, or designee. H.The Contractor shall do a bi-weekly inspection of the cooling towers to determine deterioration and approximate severity of attack of chemicals. A report must be issued to the Contract Administrator within three calendar days to list findings of inspection and effects of chemicals, if any, on wooden parts. I.The Contractor shall do monthly physical inspection of metal parts on cooling towers. Special attention shall be given to effect of corrosion on all metal surfaces and especially on structural members. Approximate severity of attach shall be noted, and designated personnel advised in writing of required action to control or reduce the effects and eliminate the cause within seven days after inspection. J.The Contractor shall perform required cleaning of chiller tubes, due to excessive scaling, as deemed necessary by the Contract Administrator, or designee. 1.5 Chemicals A.The Contractor shall submit a Safety Data Sheet for approval on all chemicals to be used. B.The water treatment used by Contractor shall not produce wastewater (blow down, bleed-off) that fails to meet applicable discharge, OSHA, State and local requirements for discharge into station storm sewers. Any chemical used for treatment of closed systems shall not contain any chromate or mercury compounds. The chemicals used for treatment of cooling tower systems shall not contain any chromate or mercury compounds. C.The Contractor shall provide the necessary chemicals to clean the equipment and the service to safely and effectively remove the scale deposits without damaging the systems. No scale deposits will be tolerated. Enough scale inhibitor should be applied to prevent any scale build up. Chemical control limits should be designed to prevent scaling. D.Algae, bacteria, and fungi shall be controlled in all water systems by using suitable slimicides or algaecide. Chemical may be fed into water systems requiring continuous make-up by automatic feeding devices or added directly to the tower distribution pans or basin as required. Page 3 of 5 E.Closed loop product shall consist of a liquid water treatment compound designed to prevent the corrosion of both ferrous and non-ferrous metals in a closed cooling water system. This compound shall contain a polymeric additive designed to dispense silt and other particulate matter. It shall contain buffering agents, which automatically adjust pH to the preferred operating level. F.Chemicals used shall be compatible with chemicals presently in systems. G.The Contractor shall describe the chemicals by generic names, i.e., non- reverting polyphosphates, polymers, (specify type and molecular weight), phosphonates (specify) chlorites, nitrite, sulfite, methylene bisthiocyanate. Each chemical shall be described as liquid, powder, ganules, crystals, etc. H.The Contractor shall prepare chemical feed treatment and administer as required including drawing chemicals from storage, transporting to treating sites, mixing and application of solution. The Contractor shall handle all chemicals. 1.6 Cooling Tower Reports The Contractor shall provide the following reports on a bi-weekly basis: A.Hardness of each system and makeup water, expressed as CaCO ppm. B.Conductivity of systems and makeup water expressed as micrombos. C. pH (Electrometric) of system and makeup water to the nearest 10th of a unit. D.Corrosion/scale inhibitor treatment level (residual) and kinds expressed as ppm principal ingredient. 1.7 Closed Loops System Report The Contractor will provide the following reports on a monthly basis: A.Conductivity of systems, expressed as micrombos B.Nitrite treatment residuals expressed in ppm C.pH (electrometric) of system and makeup water to the nearest 10th of a unit. Page 4 of 5 D.Chemical level present to maintain adequate treatment expressed in ppm 1.8 Special Instructions A.Contract hourly rates include all travel and mileage cost. No separate travel, truck, or equipment charges will be accepted. B.If the Contractor finds upon examination of the assigned job that the work will be more extensive than originally ordered, Contractor shall provide a cost estimate and contact the Contract Administrator or designee within 24 hours for authorization to proceed with the additional work. C.Invoicing for all work shall be done monthly, invoices must indicate separate charges for labor and materials, and material charges must be itemized. The Contractor may only invoice for parts that have been furnished and installed. Parts on order shall not be billed prior to installation. Receipts are required for all parts and materials. Page 5 of 5 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 2526 HVAC System Maintenance and Repairs for CCIA PAGE 1 OF 1 Date: Authorized Bidder: Signature: 1. Refer to “Instructions to Bidders” and Contract Terms and Conditions beforecompleting bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a.the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b.Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City’s Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c.Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 Technician Standard Hours M-F 8:00am-5:00pm 480 HR 2 Technician After Hours M-F 5:01pm to 7:59am 108 HR 3 Technician Weekends and Holidays 54 HR 4 Professional Water Treatment Services & Analysis for Sterilizer Boiler/HVAC Plant (Condenser, Chiller, HWH Systems) 36 Mo Item Description Estimated Spend % Markup Qty + Markup 5 Parts/Material $60,000 Total Pro Tech Mechanical, Inc. 11/27/2019 $75.00 $75.00 $75.00 15% $1,100.00 $36,000 $8,100 $4,050 $39,600 (Water Consultants of Texas) $156,750.00 $69,000 Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) 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. 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. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 3 3.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B.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. Page 2 of 3 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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. 2019 Insurance Requirements Ins. Req. Exhibit 4-I Contracts for General Services – Services Performed Onsite – Installation Floater 05/31/2019 Risk Management – Legal Dept. No bond is required for this service agreement; therefore, Section 5, Insurance; Bonds, subsection 5 (B) is null and void. Page 3 of 3 Attachment D: Warranty Requirements No warranty is required for this service agreement; therefore Section 8, Warranty, subsection 8 (A) and 8 (B) are null and void. Page 1 of 1 ATTACHMENT E: FEDERAL REQUIREMENTS E.1 GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. E.2 Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). DATE: February 11, 2020 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services DavidL3@cctexas.com (361) 826-1966 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a one-year supply agreement with Rehrig Pacific Company of Vernon, California for a total amount of $409,237.20 to purchase 7,618 refuse carts and 2,264 recycling carts for a total of 9,882 carts to be utilized by Solid Waste Services’ customers, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $238,721.70 available in the General Fund. SUMMARY: This motion authorizes a one-year supply agreement to purchase 9,882 carts, consisting of 7,618 brown refuse carts and 2,264 blue recycling carts for Solid Waste Services. 60% of carts will be purchased within the remaining fiscal year, with the remaining 40% to be budgeted in the annual budget process. BACKGROUND AND FINDINGS: The Solid Waste Department provides curbside collection service to about 89,000 accounts for garbage, recycling, heavy bush, and bulky items. Residential garbage and recycling are set-out in 96-gallon carts either once per week or twice per week among ten collection zones. Since 2002, the entire City has been on an automated collection program with a one-man crew who utilizes a hydraulic automated arm to lift carts to dump into the garbage truck. This allows for faster and more efficient pick-ups. Supply Agreement for Refuse and Recycling Carts for Solid Waste Services AGENDA MEMORANDUM Action Item for the City Council Meeting February 11, 2020 The containers will be distributed to new customers, customers requesting additional containers and customers requesting replacements for damage and stolen carts. The carts that are damaged and deemed unserviceable by a Field Service Technician are collected then recycled by the Solid Waste Department. The carts will be purchased through the US Communities Government Purchasing Alliance. Contracts awarded through US Communities Government Purchasing Alliance have been competitively procured, to assist with the compliance with Texas Local and State Procurement requirements. ALTERNATIVES: The alternative to securing a supply agreement would be to purchase the refuse and recycle carts on an as needed basis, which would not be as efficient, and the carts may not be readily available when needed. In addition, a supply agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for the Solid Waste Department in FY 2020 is $238,721.70, which is 60% of the bins. The remaining 40% of carts will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12510 Refuse Collection Mission Element: 031 Waste and Brush Collection Project # (CIP Only): N/A Account: 520130 Maintenance and Repairs Cost: $182,197.17 FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12512 Recycling Collection Mission Element: 032 Recycling Project # (CIP Only): N/A Account: 520130 Maintenance and Repairs Cost: $56,524.53 RECOMMENDATION: Staff recommends approval of this motion to authorize a one-year supply agreement with Rehrig Pacific Company for refuse and recycling carts as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement CITY OF CORPUS CHRISTI PRICE SHEET CONTRACTS AND PROCUREMENT DEPARTMENT BUYER: CINDY RAMOS US COMMUNITITIES GOVERNMENT PURCHASING ALLIANCE ITEM DESCRIPTION COST QUANTITY EXTENDED PRICE 1 REFUSE CARTS - 95 GALLON ROC LT BROWN $41.00 7,618 $312,338.00 2 RECYCLE CARTS - 95 GALLON ROC PEPSI BLUE $41.00 2,264 $92,824.00 3 IN MOLD LABEL FOR RECYCLING LIDS $1.80 2,264 $4,075.20 $409,237.20GRAND TOTAL REHRIG PACIFIC COMPANY, MIAMI-DADE COUNTY, FLORIDA REFUSE AND RECYCLE CARTS FOR SOLID WASTE SERVICES Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 SUPPLY AGREEMENT NO. 75799 Refuse and Recycling Carts THIS Refuse and Recycling Carts Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Rehrig Pacific Company (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Refuse and Recycling Carts in response to Request for Bid No. COOP US Communities 254 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’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 Contractor agree as follows: 1.Scope. Contractor will provide Refuse and Recycle Carts 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 one year. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $409,237.20, 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. Contractor shall invoice no more frequently than once per month. 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. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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 authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Gabriel Maldonado Department: Solid Waste Phone: 361-826-1986 Email: gabrielm3@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor 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 Contractor 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 Contractor 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 Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before 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 Contractor, 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 Contractor within 30 days of receipt of City’s invoice. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form November 11, 2019 8. Warranty. (A) The Contractor 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 Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment 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. Contractor 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 Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, 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 Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form November 11, 2019 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable 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: Gabriel Maldonado Title: Contract/Funds Administrator Address: 2525 Hygeia St. Corpus Christi, TX 78415 Phone: 361-826-1986 Fax: 361-826-1971 IF TO CONTRACTOR: Rehrig Pacific Company Attn: Wesley Glakas Title: Environmental Sales Rep Address: 4010 E 26th St., Vernon, CA 90058 Phone: 623-523-9095 Fax: N/A 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18.Termination. (A)The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B)Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20.Assignment. No assignment of this Agreement by the Contractor, 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 Contractor 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. 21.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 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form November 11, 2019 operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22.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 (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 23.Certificate of Interested Parties. Contractor 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 if required by said statute. 24.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 25.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26.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) CONTRACTOR f), I � I Signature: ____ /_�_, __ -_ O'J_ �--�_-______ _ Printed Name: Rajesh J. Luhar---------------- Title: CFO/Asst. Corp. Secy. Date:December 17, 2019 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement 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. COOP US Communities 254 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Approved as to Legal Form November l l , 2019 Page 7 of 7 ATTACHMENT A: SCOPE OF WORK 1.General Requirements/Background Information The Solid Waste Department stocks refuse and recycle containers for distribution to new customers, customers requesting additional containers and customers requesting replacements for damage and stolen carts. 2.Scope of Work The Contractor shall provide refuse and recycle containers as outlined on Bid/Pricing Schedule. 3.Contractor Quality Control and Superintendence All refuse and recycle containers will be defect free, properly packed and shipped to ensure a safe delivery. 4.Special Instructions A.Ordering and Delivery 1.City will place an order on as needed basis. 2.Contractor shall ship the materials within 60 days of received order to the Solid Waste Department located at 2525 Hygeia, Corpus Christi, Texas 78415. 3.All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 4.If any items found defective, unusable or inoperable to the condition, Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. 5.Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor’s inability to deliver the product within the set time frame. 6.Cancellations shall be in writing and sent to Contractor by email, fax or mail. 7.No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor’s inability to meet the deadline delivery date. B.Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. Page 1of 1 Page 1of 1 RFQ Revised 1.3.2018 ATTACHMENT B: QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM 1.Refer to “Sample Service Agreement” Contract Terms and Conditions before completing quote. 2.Quote your best price, including freight, for each item. 3.In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 95 Gallon EG Trash Cart, Cocoa Brown, 10” Snap on with Intergraded Spacer 7,618 EA $41.00 $312,338.00 95 Gallon EG Recycling Cart, Pepsi Blue, 10” Snap on with Intergraded Spacer 2,264 EA $41.00 $92,824.00 In Mold Label for Recycling Lids 2,264 EA $1.80 $4,075.20 TOTAL $409,237.20 COMPANY: NAME OF PERSON AUTHORIZED TO SIGN: ADDRESS: PHONE: EMAIL: FAX: DATE: SIGNATURE: TITLE: THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Rehrig Pacific Company Wesley Glakas 4010 E 26th St, Vernon, CA 90058 623-523-9095 wglakas@rehrig.com 11/21/2019 Environmental Sales Rep I.CONTRACTOR’S LIABILITY INSURANCE A.Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) 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. 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. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II.ADDITIONAL REQUIREMENTS A.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure Page 1 of 3 ATTACHMENT C: INSURANCE REQUIREMENTS that all workers’ compensation obligations incurred by the Contractor will be promptly met. B.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C.Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of 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 D.Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, 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. E.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. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. Page 3 of 3 Page 1of 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects when accepted by the City. DATE: February 11, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a six-month service agreement with Total Protection, Incorporated, of Corpus Christi, Texas, in an amount not to exceed $79,625.00 to continue on -call maintenance and repair services for security access control systems at 21 locations fo r Water, Wastewater, and Gas Operations, while Information Technology secures a new longer-term service agreement for all City facilities that have security access, effective upon issuance of notice to proceed, with funding in an amount of $79,625.00 through the FY 2020 Water, Wastewater, and Gas Funds. SUMMARY: This six-month service agreement with Total Protection, Incorporated is to continue maintenance and repair services on the existing access control systems at 21 locations for Utilities Department and Gas Operations. The agreement includes the maintenance and repair of access readers, gates, video monitors, alarm panels, and other security hardware and supporting infrastructure. Information Technology is pursuing a longer-term service agreement in 2020 for all City facilities that have security access control. This short-term agreement allows the Utilities Department and Gas Operations Department to continue meeting the Texas Commission on Environmental Quality (T CEQ) physical security requirements, while allowing time for procurement of the longer-term contract. Service Agreement for Security Access Control Maintenance and Repair Services for Utilities Department and Gas Operations AGENDA MEMORANDUM Action Item for the City Council Meeting of February 11, 2020 BACKGROUND AND FINDINGS: Total Protection, Incorporated installed the existing security access control system throughout City facilities. This system provides for a single card identification and access to City buildings and facilities. The Utilities Department and Gas Operations rely on this on- call service to support the safety and security of the treatment plants and other utility facilities and to maintain TCEQ regulatory compliance. This service is critical to ensure compliance with TCEQ facility safety regulations. In 2017, a one-year contract with two one-year option periods was awarded to Total Protection, Incorporated. Information Technology did not exercise the second option period in order to pursue the new City-wide service agreement in FY 2020, which will be administered by the Information Technology Department. This procurement is through the GoodBuy Cooperative. Contracts awarded through the GoodBuy Cooperative have been competitively procured and are in compliance with Texas local and state requirements. ALTERNATIVES: An alternative is to operate the current security access control system components such as card readers to failure, which decreases safety and security and could result in a violation of TCEQ regulatory requirements. Another alternative is to use a manual locking system, which poses a risk if keys or lock combinations are lost or compromised, or if gates are inadvertently or intentionally left unlocked. FISCAL IMPACT: The fiscal impact for the Utilities Department and Gas Operations Department is for a total amount not to exceed $79,625.00. This motion authorizes a six-month service agreement with Total Protection, Incorporated to continue on-call maintenance and repair services for security access control systems at W ater, W astewater, and Gas Operations facilities. FUNDING DETAIL: Fund: 4010 Water Fund Organization/Activity: 31010 Stevens Filter Plant Mission Element: 062 Treat Water Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs – Contracted Cost: $15,000.00 Fund: 4200 Wastewater Fund Organization/Activity: 33120 Greenwood Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs – Contracted Cost: $39,625.00 Fund: 4130 Gas Fund Organization/Activity: 34000 Gas Administration Mission Element: 022 Gas Distribution System Project # (CIP Only): N/A Account: 530210 Building Maintenance and Service Cost: $25,000.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a six-month service agreement with Total Protection, Incorporated as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Control Maintenance and Repair Services ITEM DESCRIPTION Qty. 6 Month Unit Unit Price Total 1 Labor - Tech (Mechanical) repair, maintenance, replacement & install Monday-Friday 8:00 AM to 5:00 PM 175 HR $85.00 $14,875.00 2 Labor- Helper Repair, maintenance, replacement & install Monday- Friday 8:00 AM to 5:00 PM 50 HR $55.00 $2,750.00 3 Labor-IT Repair, maintenance, replacement & install Monday- Friday 8:00 Am to 5:00 PM 200 HR $85.00 $17,000.00 Discount 10(%) 4 Parts/Materials Allowance 1 $50,000.00 $5,000.00 $45,000.00 $79,625.00 Total Protection, Incorporated Corpus Christi, Texas TOTAL Price Sheet - Security Access Attachment B- Pricing Schedule AGENDA MEMORANDUM Action Item for the City Council Meeting of February 11, 2020 DATE: February 3, 2020 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jermel Stevenson, Director of Parks and Recreation jermels@cctexas.com (361) 826-3042 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding an engineering design and related services contract to Jacobs Engineering Group Inc. in an amount not to exceed $100,000 for preliminary design services for the Cole Park Pier and to authorize the City Manager to negotiate a future contract amendment for the remaining professional services to furnish the design, permitting, bid documents and construction phase services, located in City Council District 2, effective upon notice to proceed, with funding approved and available from Bond 2018 Proposition C. SUMMARY: A Structural Condition Assessment of the existing Cole Park Pier revealed the majority of the pier’s structural integrity has been lost due to corrosion. The City plans to demolish the existing pier and replace with a new pier incorporating additional features. This contract authorizes preliminary design services of Cole Park Pier to be performed on a time and material basis in an amount not exceed of $100,000 and authorizes the City Manager to negotiate a future contract amendment for the detailed design, permitting and construction phase services for the proposed new pier. Cole Park Pier (Bond 2018) BACKGROUND AND PURPOSE: Cole Park is one of the City’s busiest regional parks for both residents and visitors. Cole Park Pier is used for general recreation and fishing. Cole Park Pier was constructed in 1971. The pier was closed for public access approximately April 2018 due to public safety concerns after hurricane Harvey compromised the piers structural integrity. Cole Park Pier is a T-shaped structure comprised of a concrete walkway that extends approximately 500 linear feet (LF) to the main fishing pier that comprises the top of the “T”. There are two smaller fishing decks, one on each side, located approximately 250 LF and 330 LF from shoreline. The main fishing pier at the end of the “T” is 25 feet wide by 86 feet long. The pier widens from 6-feet wide to 10-feet wide at the fishing decks. The pier was constructed with driven concrete piling with precast concrete caps that support the precast walkway and fishing pier. The pier structure recently experienced a partial collapse of the first few concrete walkway panels that connect the pier to the shoreline. PROJECT TIMELINE: F M A M J J A S O N D J F M A M J 2020 Pre-Design Design Bid/Award Construction 2021 If approved by City Council in the February timeframe, a notice to proceed will be issued and the preliminary design should be complete by April 2020 and with design work to begin in May 2020. Construction is anticipated to start in November 2020 subject to funding, with estimated completion for June 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Qualifications for the engineering services for the Cole Park Pier December 2, 2019. Seven firms submitted their qualifications and a technical evaluation was performed by the selection committee. The selection committee consisted of one representative from City Manager’s office, one representative from the Parks and Recreational Department and one representative from Engineering Services. Firms were ranked based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with similar projects, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Four firms were shortlisted to be interview. Technical and Interview scores were combined to determine the highest-ranking firm. Jacobs Engineering Group Inc. was the highest ranked firm and is being recommended for award. Work will start on the preliminary phase on a time and material basis so that the scope can be finalized, and a price can be negotiated for the remainder of the scope. ALTERNATIVES: Not awarding the contract will delay the Cole Park Pier project. The goal is to have it complete in time for Summer 2021. FISCAL IMPACT: This contract authorizes preliminary design of Cole Park Pier in an amount not to exceed of $100,000 and authorizes the City Manager to negotiate a future contract amendment for the detailed design, bid document development, permitting and construction phase services for the proposed new pier. The funding is approved and available from Bond 2018 Proposition C. FUNDING DETAIL: Fund: Park and Recreation 2019 Bond 2018 (Fund 3295) Mission Elem: Maintaining Park and Recreation Facilities (ME 141) Project No.: Cole Park Pier (18171B) Account: Outside Consultants (550950) Activity: 18171-B-3295-EXP RECOMMENDATION: Staff recommends approval of the contract for preliminary design of Cole Park Pier in the an amount not to exceed of $100,000 and authorizing the City Manager to negotiate a future contract amendment for the detailed design, bid document development, permitting and construction phase services for the proposed new pier. RECOMMENDATION: Staff recommends approval of the contract as presented. LIST OF SUPPORTING DOCUMENTS: Location Maps Selection Matrix Contract RFQ 2699 Professional Engineering Services Cole Park Pier Improvements Procurement Officer: Clarissa Johnson Proposal Evaluation Pts.Hanson Professional Services HDR Engineering International Consulting Engineers Jacobs Engineering Group LJA Engineering Lockwood Andrews and Newnam Mott MacDonnald Minimum Qualifications Pass/Fail PASS PASS PASS PASS PASS PASS PASS Licensing/Certification √√√√√√√ Required five years in business √√√√√√√ No outstanding lawsuits, last 5 years / current litigation with City last 5 years √√√√√√√ No outstanding regulatory issues last 5 years √√√√√√√ Signed Disclosure of Interest, Business Designation, Ethical Behavior √√√√√√√ References Provided for firm √√√√√√√ Technical Proposal Technical Proposal (100 points maximum)100 86.7 78.0 85.3 85.3 70.7 81.0 74.0 Firm's Experience and Qualifications of Firm 20 Experience and Qualifications of the Project Manager and Key Staff 20 Project Approach/Management Plan 20 Respondent Capacity 20 Respondent Past Performance 20 Interview Interview (100 points maxmimum)100 58.7 89.3 90.7 75.7 Firm's Experience and Qualifications of Firm 20 Experience and Qualifications of the Project Manager and Key Staff 20 Project Approach/Management Plan 20 Respondent Capacity 20 Respondent Past Performance 20 Total Points Technical & Interview 200 145.3 78.0 174.7 176.0 70.7 156.7 74.0 Contract for Professional Services Page 1 of 11 SERVICE AGREEMENT NO. 2699 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18171A - COLE PARK PIER IMPROVEMENTS 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 JACOBS ENGINEERING GROUP, INC., 555 N. Carancahua, Suite 320, 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 .......................................................................3 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 ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES .............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Contract for Professional Services Page 2 of 11 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is 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. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed 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. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services 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 D. City's General Conditions for Construction Contracts to be included on future amendment. 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. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Contract for Professional Services Page 3 of 11 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 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. ARTICLE II – 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. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for Preliminary Phase Services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $100,000.00, and will be performed on a time and material (T&M) basis. 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 A-1 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 with their proposal. 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 in compliance with the Texas Prompt Payment Act. 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. Contract for Professional Services Page 4 of 11 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 BY ANYONE 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; 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. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. 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 service shall be for a period of five years beginning on the Effective Date. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Contract for Professional Services Page 5 of 11 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 ten 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. 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. 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, 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. Contract for Professional Services Page 6 of 11 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. 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. Contract for Professional Services Page 7 of 11 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. 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 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; Contract for Professional Services Page 8 of 11 (3)Calculation of non-value added work costs incurred by the City; and (4)Deadline for Consultant’s response. 10.3 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. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. 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. Contract for Professional Services Page 9 of 11 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. 12.2.2.1 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. 12.2.2.2 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. 12.2.2.3 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. 12.2.2.4 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 contract or 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 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 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 Contract for Professional Services Page 10 of 11 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 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 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 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 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. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 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. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed 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. 13.10 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 Contract for Professional Services Page 11 of 11 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. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 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. 13.13 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. 13.14 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 Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI JACOBS ENGINEERING GROUP, INC. ____________________________________ _____________________________________ Michael Rodriguez Date Jeff Ely, P.E. Date Chief of Staff Manager of Projects 555 N. Carancahua, Suite 320 Corpus Christi, TX 78401 (281)776-2525 Jeff.Ely@Jacobs.com Sidney.Faas@Jacobs.com APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date 02.06.20 EXHIBIT “A” Page 1 of 9 Revised 2/3/2020 / EXHIBIT “A” CITY OF CORPUS CHRISTI, TEXAS COLE PARK PIER IMPROVEMENTS PROJECT NO. 18717A I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this Contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural/Engineering services. 1. Preliminary Phase. The Architect/Engineer (A/E), also referred to as Consultant, will: a) Attend Project Kick-off Meeting and additional meetings as described in Exhibit A-1. Distribute meeting minutes to attendees within five working days of the meeting. b) Perform a site visit, take photographs of existing conditions and prepare photograph logs. c) Provide a geotechnical investigation. Proposed boring sites shall be approved by the City Project Manager prior to performing geotechnical investigation. d) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. f) Prepare preliminary opinions of probable construction costs (OPCC) for the recommended improvements. g) Conduct preliminary analysis of lighting, including existing equipment, above/below ground electrical service, etc. Provide recommendations for improvements/upgrades. h) The A/E will participate in discussions with the Parks and Recreation Department; Development Services and other agencies and US Army Corps of Engineers as required to satisfactorily complete the Project. Any directions or changes to scope provided by the Operating Department or other agencies shall be reviewed with the City Engineering Department PM prior to including/excluding from the scope of work. i) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, coordinate with agencies such as Texas Department of Licensing and Registration (TDLR) and the United States Army Corps of Engineers (USACE). j) Prepare exhibits for one Parks and Recreation Advisory Committee meetings k) Prepare an Engineering Letter Report (ELR) (20 – 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic-level exhibits and computer models or other applicable supporting documents required EXHIBIT “A” Page 2 of 9 Revised 2/3/2020 / per City Plan Preparation Standards (CPPS). The Engineering Letter Report to include: 1.Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, existing electric identification of quality and quantity of materials of construction, and other factors required for a professional design. 2.Include existing site photographs with location key map 3.Provide an opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as TDLR and USACE. 5.Summarize the Geotechnical Report findings and criteria for the pier and parking area design 6.Provide preliminary index of anticipated drawings and specifications. l)Initiate ELR submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of ELR submittal. m)Submit one (1) copy in an approved electronic format, and two (2) hard copies of the Draft Engineering Letter Report. n)Participate in ELR review meeting with City staff and others on the Draft Engineering Letter Report as scheduled by City Project Manager. o)Address review comments and questions and provide written responses to the City PM. p)Assimilate all City review comments into the Final Engineering Letter Report. Provide one (1) electronic and one (1) hard copy using City Standards as applicable and suitable for reproduction. q)City staff will provide electronic copies of the following information (as applicable and requested through the City PM): r)Electronic index and database of City’s Record Drawing and record information. s) Record Drawings and record information as available from City Engineering files. t)The preliminary budget, specifying the funds available for construction. u)A copy of existing studies and plans (as available from City Engineering files). v)Copy of Geotechnical Investigation Report. Note: Applicable Master Plans and GIS mapping are available on the City’s website. The records provided for A/E’s use under this Contract are proprietary, copyrighted, and authorized for use only by A/E, and only for EXHIBIT “A” Page 3 of 9 Revised 2/3/2020 / the intended purpose of this project. Any unauthorized use or distribution of the records provided under this Contract is strictly prohibited. 2.Design Phase. (To be Authorized under a future contract amendment) Upon approval of the preliminary phase, designated by receiving authorization to proceed from the City Project Manager, the A/E will: a)Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for lighting. b) Prepare Construction Documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the pier and lighting systems within the Project limits, per the Project scope. Include standard City of Corpus Christi detail sheets and specifications as applicable to the Project. 1.Prepare construction plans in compliance with CPPS using English units on full-size (22” x 34”) for the final plans, however all submittals (except the final plans will be half-size (11” x 17”) 2.Prepare Traffic Control and Construction Sequencing Plans (TCP). The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, 3. Recommend pollution control measures and Best Management Practices (BMP) layout for the Contractor’s Storm Water Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as applicable. c)Submit two (2) sets of the interim plans (60% submittal) in electronic and half-size (11” x 17”) hard copies using City Standards as applicable to City staff for review and approval purposes with 60% estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities and stakeholders. 4.Required with the interim plans is: a.Design Submittal Packet Checklist. b.Executive Summary of the 60% submittal,” which will identify and briefly summarize the Project by distinguishing key elements of the Project, decisions made, outstanding issues, items to be determined (TBD), Opinion of Probable Construction Costs (OPCC) compared to construction budget and the schedule with changes identified. c.Project Submittal Checklist. d.Drawing Review Checklist. e.OPCC. f.Drawings. g.Draft Table of Contents with specification list. 5.Initiate 60% submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of 60% submittal. d)Participate in Project 60% review meeting. Prepare and distribute meeting minutes to attendees within five working days of the meeting. EXHIBIT “A” Page 4 of 9 Revised 2/3/2020 / Assimilate all review comments, as appropriate, and upon confirmation from the City PM proceed to the 90% design. e) Submit two (2) sets of the 90% plans and bid documents (90% submittal) in electronic and half-size hard copies using City Standards as applicable to City staff for review and approval purposes. Include the 90% estimate of probable construction costs, 90% submittal Executive Summary, Submittal Packet, Project and Drawing Checklists, responses to previous review comments and the Contract Document Book with in-line Track Changes in red to identify all proposed edits to the City Construction Contract Documents. f)Participate in Project 90% review meeting. Prepare and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and proceed to the pre-ATA (Authorized for Advertisement) submittal. g)Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in electronic and half-size hard copy using City Standards as applicable for City’s Pre-ATA review. Include the pre-ATA OPCC and written responses to previous review comments. The pre-ATA (100%) submittal will not include a full distribution and review unless in the opinion of the City Project Manager the questions from the previous review have not been adequately addressed or resolved in the pre-ATA submittal. If this occurs, the PM may request additional distribution, meeting, review and related revisions at no additional cost to the City. See item (l) below. h)Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the final plans and contract documents (signed and sealed, electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. i)Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant’s duties under this Contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. j)Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. EXHIBIT “A” Page 5 of 9 Revised 2/3/2020 / c) Provide electronic copy the City’s Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. 3.Bid Phase. (To be Authorized under a future contract amendment) The A/E will: a)Participate in the pre-bid conference to discuss scope of work and to answer scope questions b)Review all questions concerning the bid documents and prepare any revisions to the plans, specifications and bid forms that may be necessary. c)Attend bid opening and assist with the evaluation of bids. d)Assist with the review of the Contractor’s Statement of Experience and confirm it meets Contract requirements. e)For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re-advertise the Project for bids. f)Provide two (2) hard copy set and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original [CAD/Word/etc.]) to the City. The City staff will: a)Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation and conduct the bid opening. b)Coordinate the review of the bids with the A/E. c)Prepare agenda materials for the City Council concerning bid awards. d)Prepare, review and provide copies of the Contract for execution between the City and the Contractor. 4.Construction Administration Phase. (To be Authorized under a future contract amendment) The A/E will perform construction administration to include the following: a)Participate in pre-construction meeting conference and provide to the City PM a recommended agenda for critical construction activities and elements impacting the project. b)Review Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. c)If requested by the City, review and interpret field and laboratory tests. d)Provide interpretations and clarifications of the Contract Documents for the Contractor and authorize required changes, which do not affect the Contractor’s price and are not contrary to the general interest of the City under the Contract as requested by the Owner’s Authorized Representative (OAR). e)Make periodic (four hours per week for nine months ) visits to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the Contract Documents. This will not be confused with the Construction EXHIBIT “A” Page 6 of 9 Revised 2/3/2020 / Observation Services or continuous monitoring of the progress of construction. f)Provide interpretations and clarifications of the plans and specifications for the Contractor and recommendations to the City for minor changes which do not affect the Contractor’s price and are not contrary to the general interest of the City under the Contract as requested by the OAR g) Attend final inspection with City staff, provide punch list items to the City’s Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. h)Review Contractor-provided construction “red-line” drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor’s red-line drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings should incorporate the Contractor’s red-lines and identify all changes made during construction. The Drawing Cover and each sheet should be clearly identified as the Record Drawing and should indicate the basis and date. i)When requested by the OAR, assist in addressing Request for Information (RFI) submitted by the Contractor. The City staff will: a)Prepare applications/estimates for payments to Contractor. b)Conduct the final inspection with the A/E. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1.Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required City signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a)U.S. Army Corps of Engineers (USACE) b)Texas Department of Licensing and Regulation (TDLR) 1.Provide copy of Contract Documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). EXHIBIT “A” Page 7 of 9 Revised 2/3/2020 / 2. Coordinate RAS inspection services at the end of construction and pay associated fee. 2. Topographic and Bathymetric Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors’ Manual of Practice for Land Surveying in the State of Texas, latest edition. All work must be tied to and in conformance with the City’s Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Include references tying Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. Survey sheets shall be sealed by a Registered Public Surveyor, provided to the City and included in the bid document plan set. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of area that will be disturbed by construction. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied – i.e. – the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. g) Perform topographic surveys to gather existing condition information. h) Locate existing features within the project area. i) Generate electronic planimetric base map for use in project design. j) The survey should extend beyond the project limits as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, driveways, parking lots, etc. k) Provide a bathymetric survey to include stations every 50 ft along the shoreline within the project limits. Survey readings shall be taken perpendicular to the shoreline every 10 ft and extending from the shoreline to the centerline of the Channel. Survey shall conform to the USACE standards “Other General Surveys and Studies (Coastal Engineering Surveys)” specifications according to USACE Manual No. 1110-2-1003. 3. Construction Observation Services. Provide construction observation services for 16 hours per week for 36 weeks. In connection with observations of Contractor’s Work in progress while the Contractors work is in progress: a) Make visits to the project, in order to observe as an experienced and qualified design professional the progress and performance of the Work. Such visits and observations by A/E are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress but rather are to be limited to spot checking, selective EXHIBIT “A” Page 8 of 9 Revised 2/3/2020 / sampling, and similar methods of general observation of the Work based on A/E’s exercise of professional judgment. Based on information obtained during such visits and such observations, A/E will determine in general if Contractor’s Work is proceeding in accordance with the Contract Documents, and A/E will keep CITY informed of the progress of the Work. b)The purpose of A/E’s visits to the Site will be to enable A/E to better carry out the duties and responsibilities assigned to and undertaken by A/E during the construction phase, and, in addition, by the exercise of A/E’s efforts as an experienced and qualified design professional, to provide for CITY a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. A/E will not, during such visits or as a result of such observations of Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor will A/E have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor. Accordingly, A/E neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. c)A/E's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except A/E's own personnel. d)Limitation of Responsibilities. A/E is not responsible for the acts or omissions of any Contractor or of any of Contractor’s subcontractors, suppliers, or of any other individual or entity performing or furnishing any portion of the Work. A/E is not responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. 4.Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 6.Geotechnical Investigation. Provide a geotechnical investigation including field exploration consisting of drilling and sampling of the subsurface materials and observing groundwater levels at the site based on two marine borings and one landside boring to 90 ft below the existing surface, laboratory testing of the subsurface materials and engineering analysis and geotechnical recommendations. EXHIBIT “A” Page 9 of 9 Revised 2/3/2020 / Provide the services above authorized in addition to those items shown on Exhibit “A- 1” Task List, which provides supplemental description to Exhibit “A”. Note: The Exhibit “A-1” Task List does not supersede Exhibit “A”. I.SCHEDULE Anticipated schedule to be adjusted based on actual NTP, contract amendments and review dates. II.TO BE REVISED Date Activity February 18, 2020 NTP March 3, 2020 USACE Permit Submittal March 17, 2020 Draft ELR Submittal March 24, 2020 City Review March 31, 2020 Final ELR Submittal May 26, 2020 60% Design Submittal June 2, 2020 City Review July 14, 2020 90% Design Submittal July 21, 2020 City Review July 26, 2020 100% Pre-ATA Submittal July 30, 2020 Final Sealed Bid Package August 5, 2020 Advertise for Bids August 19, 2020 Pre-Bid Conference August 27, 2020 Receive Bids September 2020 Contract Award October 2020 Begin Construction June 2021 Complete Construction III.FEES A.Fee for Basic Services. The City will pay the A/E time and materials (T&M) for providing Preliminary Services authorized as per the table in the attached Summary of Fees. The fees for Preliminary Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The A/E may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E’s estimate (and with City’s concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E’s monthly statements. B.Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. “Additional Services”, the City will pay the A/E a not-to- exceed fee as per the attached Summary of Fees. EXHIBIT “A-1” Page 1 of 7 EXHIBIT “A-1” TASK LIST CITY OF CORPUS CHRISTI, TEXAS COLE PARK PIER IMPROVEMENTS PROJECT NO. 18717A I. SCOPE OF SERVICES Project Limits and Scope The project scope is described in the City of Corpus Christi (City) RFQ 2699. Cole Park is one of the City’s busiest regional parks for both residents and visitors. Cole Park Pier is used for general recreation and fishing. The Cole Park Pier (Pier) was constructed early 1970’s and was closed approximately April 2018 due to public safety concerns. The Pier was constructed with driven concrete piling with precast concrete caps that support the precast walkway and fishing area. The pier structure recently experienced a partial collapse of the first few concrete walkway panels that connect the Pier to the shoreline. The Pier is a “T head” shaped structure comprised of the concrete walkway that extends approximately 500 linear feet (lf) to the “T head” fishing are as noted on Figure 1. There are two smaller fishing decks, located approximately 250 lf and 330 lf from the shoreline. The T head main fishing area is 20 lf wide and extends approximately 80 lf. The walkway at the shoreline is 6-foot wide and widens to 10-foot from the first fishing deck to the “T head” fishing area. A Structural Condition Assessment of the existing Pier revealed that the majority of the Pier’s structural integrity has been lost to corrosion. FIGURE 1- Cole Park Pier EXHIBIT “A-1” Page 2 of 7 The project will include two construction packages: •Pier and Pier Public Use Improvements •Sitework and Landside Public Use Improvements The Pier and Pier Public Use Improvements project scope includes demolition of the existing Pier structural components and electrical system. The existing Pier piles will be evaluated to determine if the piles can be incorporated into the new pier. The new Pier will include: •Similar dimensions as the existing Pier however the walkway will be a minimum 10 ft wide. The Pier will include two stepped down areas, 50 ft long and 10 ft wide that are close to the water and lower than the Pier. •Floodlight and walkway lights and electrical service to the Pier •Seating areas, shade structures and overlook areas. The Sitework and Landside Public Use Areas project scope are noted on Figure 2 will include: •A new service road to the Pier •An expanded parking lot •Walkways from the west end of the existing parking lot to the Pier •Seating areas, benches, shade structures and signage •Kayak and windsurfing access areas FIGURE 2 – Sitework and Landside Public Use Areas EXHIBIT “A-1” Page 3 of 7 A. BASIC SERVICES 1. Preliminary Phase a) Meetings 1) Participate in biweekly project design review meetings for the anticipated four-month design phase ( eight meetings) with City Staff and one review meeting to receive City comments on the Draft Engineering Letter Report (ELR). 2) Participate in one meeting with the USACE regarding the permit requirements for the demolition of the Pier and the construction of the new Pier . 3) Participate in one City Parks and Recreation Advisory Committee meeting as noted in Exhibit A. b) Preliminary Design 1) Review historic City record drawings and available information. 2) Inspect the existing shoreline bulkhead in the vicinity of the Pier. 3) Provide a geotechnical investigation report prepared by a geotechnical investigation company including two marine borings and one land boring. 4) Analyze geotechnical results 5) Establish design codes and standards, design loads and design life. 6) Establish site environmental criteria (wind, waves, tides etc.). 7) Determine still water elevation. 8) Provide a numerical spectral wave modelling study to determine design wave conditions and overtopping rates including local bathymetry in Corpus Christi Bay. 9) Determine forces generated during extreme flooding events and establish shoreline scour protection. 10) Analyze future sea level rise changes and perform numerical model simulations that include future sea level rise (SLR) projection scenarios including local land subsidence. 11) Establish two Pier construction options (timber/plastic and concrete). 12) Establish additive construction bid items to lengthen the Pier and widen the T head 13) Determine if the existing Pier piles can be re-used 14) Structurally analyze the Pier components 15) Develop Pier components including sections and details 16) Structurally analyze the shoreline bulkhead 17) Analyze the shoreline slope protection that would diminish the wave action at the base of the pier 18) Develop accessibility requirements in accordance with Texas Department of Licensing and Regulation (TDLR) standards. 19) Prepare two conceptual planning options for the Pier Public Use area including benches, seating area and shade structures. 20) Prepare two conceptual planning options of the Sitework Public Use area including signage, benches, shade structures and interpretive exhibits. EXHIBIT “A-1” Page 4 of 7 Consider pedestrian connectivity between the parking areas, skatepark and playground and Pier. 21)Establish the layout for the new parking area, service road, walkways and kayak and windsurfing access areas as noted on Exhibit 2. The existing hike and bike trail shall not be affected. 22)Determine electrical and lighting requirements for the Pier and sitework. 23)Incorporate minimum maintenance requirements into the design 24)Prepare a Preliminary Opinion of Probable Construction Costs (OPCC) for the pier and sitework options. 25)Prepare a project schedule. 26)Prepare the Draft Engineering Letter Report and include: (a)Project Description (b)Surveys (c)Geotechnical Investigation Results (d)Design Codes and Standards (e)Design Life and Corrosion Protection Coatings (f)Design Loads (live loads, dead loads, hydrodynamic loads) (g)Pier Replacement Options (h) Structural Analysis Results (i)Shoreline Bulkhead Analysis (j)Shoreline Slope Protection Analysis (k)Sitework Options (service road, parking areas and sidewalks and considering the hike and bike trail) (l)Pedestrian Connectivity Between the Pier, Parking Lots, Playground and Skatepark (m) Drainage Analysis Results (n)Electrical and Lighting Description and Requirements (o)Constructability and Proven Technology (p)Quality of Materials (q)Regulatory Permits (USACE and TDLR) (r)Easement and leases and discussions with the GLO. (s)Site Photographs (t)OPCC (u) Project Schedule (v)Anticipated Index of Final Design Drawings and Specifications (w)Copy of Geotechnical Investigation Report (x)Recommendations 27)Prepare and submit preliminary design plans (approximately 30% complete with adequate detail to establish the project parameters) including the following anticipated drawings: Pier and Pier Public Use Improvements (a)Cover Sheet. (b)General Notes, Abbreviations and Design Criteria (one sheet) (c)Project Layout (one sheet) EXHIBIT “A-1” Page 5 of 7 (d) Site Plans ( two sheets) (e) Pier Option 1 and Pier Option 2 Plans and Sections ( two sheets) (f) Pier Structural Details ( two sheets) (g) Pier Public Use Options 1 and 2- Plans and Sections including renderings. (four sheets) (h) Demolition Plans and Sections ( two sheets) (i) Electrical and Lighting Plans and Sections (three sheets) Sitework and Landside Public Use Improvements (a) Cover Sheet. (b) General Notes, Abbreviations and Design Criteria (one sheet) (c) Project Layout (one sheet) (d) Sitework Plan and Sections (two sheets) (e) Landside Public Use Options 1 and 2 - Plans and Sections including renderings (four sheets) (f) Drainage Plan and Sections (two sheets) (g) Electrical and Lighting Plans and Sections ( three sheets) 28) Provide QA review of deliverables. 29) Submit the Engineering Letter Report to the City and participate in a review meeting. 30) The Final Engineering Letter Report will incorporate review comments from the City review meeting. The City’s review will include the final selection of a Pier and Pier Public Use option and Sitework and Landside Public Use option. 2. Design Phase (To Be Authorized Under Future Amendment) a) Finalize the structural, civil and electrical engineering analysis and architectural design of the tasks noted in the Preliminary Design and prepare CAD drawings for the deliverables noted below. b) Deliverables 1) 60% Submittal Plans – Anticipated drawings include the following Pier and Pier Public Use Improvements (a) Cover Sheet (1 Sheet) (b) General Notes Abbreviations and Design Criteria (2 Sheets) (c) Estimated Quantities (2 Sheet) (d) Overall Layout/Project Control/Utility Layouts (2 Sheet) (e) Site Plans ( 2 sheets) (f) Testing Schedule (1 Sheet) (g) Demolition Plans and Sections (4 Sheet) (h) Pier Plans and Sections (8 Sheets) EXHIBIT “A-1” Page 6 of 7 (i) Pier Public Use Plan and Sections (8 Sheets ) (j)Electrical and Lighting Plan and Sections (4 Sheets) Sitework and Landside Public Use Improvements (k)Cover Sheet (1 Sheet) (l)General Notes Abbreviations and Design Criteria (2 Sheets) (m) Estimated Quantities (2 Sheet) (n)Overall Layout/Project Control/Utility Layouts (2 Sheet) (o)Testing Schedule (1 Sheet) (p)Sitework Plan and Sections (6 Sheets) (q)Landside Public Use Plan and Sections ( 9 sheets) (r)Electrical and Lighting Plan and Sections (4 Sheets) (s)Miscellaneous Details (4 Sheets) 2)Standard sheets including (a)City Standard Details (10 Sheets) (b)Construction Phasing Layout and General Notes (1 Sheet) (c)Traffic Control (1 Sheet) (d)SW3P Notes (1 Sheet) (e)SW3P BMPs (1 Sheet) (f)SW3P Plan Sheets (2 Sheets) 3)Other documents (a)Plan Executive Summary, Project Checklist, Drawing Checklist (b)Opinion of Probable Construction Cost 4)90% Submittal (a) Plans (b) Contract Documents (c)Opinion of Probable Construction Cost 5)100% Submittal (a) Plans (b) Contract Documents (c)Opinion of Probable Construction Cost 6)Bid Set Submittal (a) Final Plans (b) Contract Documents (c)Opinion of Probable Construction Cost c)Participate in review meetings (60% Submittal, 90% Submittal and 100% Submittal). Prepare meeting agenda and meeting minutes. d)Provide QA review of deliverables. e) Prepare Monthly Status Reports B.ADDITIONAL SERVICES (ALLOWANCE) 1.Permit Preparation a)US Army Corps of Engineers Permit EXHIBIT “A-1” Page 7 of 7 (1) Coordinate with the USACE in regard to a Nationwide Permit 3 or a Section 10 , and determine what USACE permit documents are required (one meeting). (2) Coordinate a pre-application/review meeting with the USACE (one meeting). (3) Prepare the USACE documents in the City’s name. (4) Coordinate with the USACE in regard to questions, comments or requests for information the USACE may need during the review and approval process. We anticipate two rounds of comments and responses. b) TDLR (1) Register project with TDLR and submit registration fee (2) Provide copy of contract documents to TDLR and submit plan review fee (3) Prepare request for inspection on behalf of City (a) A/E to coordinate and pay for RAS inspector directly 2. Real Estate a) Provide A/E support and or surveys for lease or easement agreements with GLO. A/E shall submit a contract amendment and fee proposal for City’s approval and acceptance prior to performing the work. (To be determined) Basic Services: 1A INITIAL PRELIMINARY PHASE (T&M)*$100,000.00 $100,000.00 1B REMAINDER PRELIMINARY PHASE TBD TBD 2 DESIGN PHASE TBD TBD 3 BID PHASE TBD TBD 4 CONSTRUCTION ADMINISTRATION PHASE TBD TBD Subtotal Basic Services $100,000.00 $100,000.00 Additional Services: 1 PERMIT PREPARATION **TBD TBD 2 ROW IDENTIFICATION SURVEY (TBD TBD TBD 3 TOPOGRAPHIC & BATHYMETRIC SURVEY **TBD TBD 4 ROW ACQUISITION & PARCEL MAPS (TBD)TBD TBD 5 ENVIRONMENTAL ISSUES (TBD)TBD TBD 6 PUBLIC INVOLVEMENT (TBD)TBD TBD 7 CONSTRUCTION OBSERVATION SERVICES *TBD TBD 8 W ARRANTY PHASE **TBD TBD 9 GEOTECHNICAL INVESTIGATION **TBD TBD Subtotal Additional Services TBD TBD Summary of Fees: Basic Services Fees $100,000.00 $100,000.00 Additional Services Fees TBD TBD Total Authorized Fees $100,000.00 $100,000.00 Council Approval * Time and Materials (Not to Exceed) **Additional Services authorized in coordination with the notice to proceed for Basic Services and written authorization from the City to the A/E is required prior to performing these services. TBD includes those services that may be amended into the contract at a later date. COLE PARK PIER IMPROVEMENTS CITY PROJECT NO. 18171A SUMMARY OF FEES Original Contract Total Contract EXHIBIT A-2 SUMMARY OF FEES Page 1 of 1 Jacobs Engineering Group, Inc. 555 N. Carancahua, Tower II Suite 320 Corpus Christi, TX 78401 Tel 361.888.8100 Fax 361.888.8600 No. 1-2020 CP ENGINEERING AND INSPECTION CHARGE RATES PROFESSIONAL SERVICES Hourly Rate Principal in Charge 240.00$/hr Sr. Project Manager 210.00$/hr Senior Project Engineer 205.00$/hr Senior Planner 205.00$/hr. Landscape Planner 110.00$/hr Senior Engineer II 185.00$/hr Senior Engineer I 175.00$/hr Senior Design Engineer 160.00$/hr Design Engineer 155.00$/hr Sr. Designer 160.00$/hr Senior Architect 175.00$/hr Architect 140.00$/hr. Senior CAD Technician 120.00$/hr Construction Inspector 125.00$/hr Construction Manager 155.00/$hr Administrative Supervisor 120.00$/hr EQUIPMENT AND TRANSPORTATION Transportation – Land 75.00/day (Whichever is greater) or IRS Rate DIRECT EXPENSES Direct expenses incurred in connection with the project will be billed at a cost plus 10%. Cost may include 3rd party charges and/or Jacobs internal rates. These expenses include: a.Out of town living and traveling expenses. TERMS OF PAYMENT Charges will be billed monthly and are due upon receipt of the invoice. SUBCONSULTANTS Will be billed at cost plus 10% EXHIBIT A-3 RATE SHEET Page 1 of 1 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1 1 Rev 01/20 EXHIBIT C Insurance Requirements 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. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must 2 Rev 01/20 be prior to inception of agreement, have 3-year 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, with the exception of professional liability, which may be on a per claims made 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 is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 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 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 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 3 Rev 01/20 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. 37 18137 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES COLE PARK PIER IMPROVEMENTS VICINITY MAP NOT TO SCALE PROJECT NUMBER: 18171B PROJECT LOCATION PROJECT LOCATION LOCATION MAP NOT TO SCALE N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES COLE PARK PIER IMPROVEMENTS VICINITY MAP NOT TO SCALE PROJECT NUMBER: 18171B O C E A N D R . ATLA N TI C S T. NAPL E S S T. DEL M A R B L V D. SOU T H E R N S T. LOUI SI A N A A V E. PROJECT LOCATION DATE: January 10, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Resolution authorizing the submission of a grant application to the State of Texas, under the Victims of Crime Act for $104,013.20 with a City cash match of $2,643.37 and $23,360.00 in-kind services. SUMMARY: Grant funding is available from the State of Texas, Criminal Justice Division, for assistance with the primary mission to enhance direct services to victims of crime. BACKGROUND AND FINDINGS: The Victims Assistance Community Outreach Program is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperate with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. This program is in its eighth year of assisting victims of crime. The grant will provide funding for two full-time employees that include a Victim Case Manager and a Staff Assistant. The Victim Case Manager will work on community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi-disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow-up services in order to establish rapport and build the resiliency of victims in districts at high risk for violence. The Staff Assistant will keep accurate and timely records, including properly entering information into the database systems. The State funding will provide for the salary/benefits of one Victim Case Manager and one Staff Assistant, equipment, supplies, training, and mileage. Volunteer hours contribute for the in-kind match services, and the City will contribute $2,643.37 toward AGENDA MEMORANDUM Action Item for the City Council Meeting February 11, 2020 Authorization of grant application submission to the State of Texas, Criminal Justice Division for funding to continue the Victims Assistance Community Outreach Program salaries. The grant period award is from October 1, 2020 to September 30, 2021. ALTERNATIVES: There is no alternative. FISCAL IMPACT: There is no fiscal impact in FY2020 with the submission of the grant application. However, if awarded, grant monies will be appropriated in FY2021. Funding Detail: Fund: 1020 & 1061 Organization/Activity: 1020 - 60035 / 1061 - 822219F Mission Element: 156 Project # (CIP Only): Account: 548590 Cash contribution – grant match 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 530160 Rentals 530200 Telephone/telegraph 547010 Travel 548120 Self Insurance Allocation RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application to the State of Texas under the Victims of Crime Act for $104,013.20 with city match of $2,643.37 cash and $23,360 in-kind services. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $104.013.20 for funding available under the Victims of Crime Act (VOCA) Fund for community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system.. SECTION 2. The City Council commits to provide for the applicable city match of $2,643.37 cash and $23,360 in-kind services, for a total project cost of $106,656.57. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo ______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ 2 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE: January 3, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Resolution authorizing the submission of a grant application to the State of Texas under the Violence Against Women Act for $48,211.68 with a City cash match of $13,702.00 and $6,960.00 in-kind services. SUMMARY: Grant funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act for 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 help by providing 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. This program is in its 22nd year of assisting women who are victims of violence. 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 funding will provide for the salary/benefits for one Victim Case Manager, volunteer hours contribute for the in-kind match, and the City will contribute $13,702.00 for salaries, training, travel, supplies and miscellaneous equipment. This grant award period is from September 1, 2020 to August 31, 2021. Authorization of grant application submission to the State of Texas, Criminal Justice Division for funding to support activities under the Violence Against Women Act AGENDA MEMORANDUM Action Item for the City Council Meeting of February 11, 2020 ALTERNATIVES: There is no alternative. FINANCIAL IMPACT: There is no fiscal impact in FY2020 with the submission of the grant application. However, if awarded, grant monies will be appropriated in FY2021. Funding Detail Fund 1020 & 1061 Organization/Activity: 1020 – 60035 / 1061 – 822022F Mission Element: 156 Project # (CIP Only): Account: 548590 Cash contribution – grant match 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 548120 Self Insurance Allocation RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of a grant application to the State of Texas under the Violence Against Women Act for $48,211.68 with city cash match of $13,702.00 and $6,960.00 in-kind services. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $48,211.68 for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department’s Family Violence Unit to continue the Victim Outreach Program. SECTION 2. The City Council commits to provide for the applicable city match of $13,702 cash and $6,960 in-kind services, for a total project cost of $61,913.68. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo ______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ 2 ATTEST: CITY OF CORPUS CHRISTI Rebecca L. Huerta Joe McComb City Secretary Mayor DATE: January 29, 2020 TO: Peter Zanoni, City Manager FROM: Barton Bailey, Homeless & Housing Administrator bartonb@cctexas.com 361-826-3976 Emily Shafer Northrup, Homeless Outreach Coordinator emilyn@cctexas.com 361-826-3970 CAPTION: Motion authorizing an Affordable Housing agreement with the Salvation Army in the amount of $500,000 for a new $6.3 million facility to be used for transitional housing for homeless individuals, families, and veterans with single room and family occupancy; with funding available from Corpus Christi B Corporation Affordable Housing Funds. SUMMARY: Salvation Army (SA) has $5.8 million in funding for a new $6.3 million transitional housing facility (92% of the project). As a result of an 8% gap in funding, SA is requesting $500,000 of Type B grant funds for the construction and improvement of a new facility which will provide affordable housing in the form of a transitional housing facility that will support residents as they move from homelessness into long-term stable housing. BACKGROUND AND FINDINGS: The Salvation Army Center of Hope Family Services Center in Corpus Christi currently operates at 98% capacity most days. The current facility, located at 501 - 521 Josephine, is 50+ years old, is inefficient, and patched together. Originally built for other purposes, the facility is no longer adequate to serve those who come seeking assistance. The Salvation Army’s Center of Hope Family Services Center at 16 th St/Crosstown Expressway (SH286) and Buford and Hancock Streets will be a facility specifically designed to provide food, shelter, and supportive services to those most in need. Open 24 hours a day, 7 days a week, the Center of Hope will have housing for f amilies, Salvation Army Request for Type B Funding of $500,000 for new $6.3 million Facility AGENDA MEMORANDUM Action Item for the City Council Meeting February 11, 2020 individuals and Veterans, kitchen and dining facilities, a multipurpose classroom, courtyard, children’s playground, and parking. Specific anticipated results include but are not limited to:  Increasing current bed count from 120 to 192 beds  Increasing meals served from 175,000 to approximately 220,000 per year  Accommodating a variety of family combinations including single fathers with children and families with boys over the age of 12 (the Salvation Army is the only shelter in the region with this capacity)  Reducing rates of attrition and repeat visits through implementation of life skills classes taught by area university/college professionals and other strategic partners with helping agencies  Reducing operating and maintenance costs. The new building will allow SA to serve nearly twice as many families than they are currently able to accommodate. Increasing transitional living facilities, such as Salvation Army, will result in a long-term cost savings for the City of Corpus Christi. One homeless person costs the city taxpayer $38,578 per year, according to the National Alliance to End Homelessness. Costs on average are reduced 49.5% when they are placed in supportive transitional housing, such as the Salvation Army. Supportive transitional housing costs on average are $12,800 per year, making the net savings roughly $4,800 per year per person. The goal of Salvation Army’s transitional housing is to move residents from homelessness into long-term stable housing. With 72 additional beds, the Salvation Army can reduce city taxpayer costs by $345,600 per year (72 x $4,800). On January 27, 2020, the Type B Board recommended approval of Type B funds to be disbursed to Salvation Army in FY2020. ALTERNATIVES: The City could choose not to approve this agreement, decrease the award among or as an alternative to approving the whole amount of $500,000 in FY 2020, the award could be to split across two fiscal years: $250,000 in FY 2020 and $250,000 in FY 2021. FISCAL IMPACT: Salvation Army Project Costs (Table 1) Project Costs Amount Architects fees with Turner/Ramirez Architects 425,425 Bids for construction of facility 5,005,000 Equipment and Furnishings 394,020 Other Fees 47,815 Contingency Fees 250,250 Interim Financing 179,489 Total 6,301,999 Financial Commitments: The Salvation Army secured financial commitments from various grants and private donors, totaling $4,644,426 or 74% of the project cost (see table 2) Property sales from existing property are estimated at $1,157,573 or 18% of the project cost. In order to meet the total project cost of $6,301,999, the Salvation Army is requesting consideration for use of Type B funds in the amount of $500,000 (8% of the total project cost). Financial Commitments to Salvation Army (Table 2) Donor Amount % of Total Ed Rachal Foundation 642,427 Laverne & Thomas Howell Foundation 100,000 Blanche Davis Moore Foundation 100,000 Herbst Fund 75,000 Braselton Homes 250,000 Eugene & Ella Bouligny 100,000 John & Augusta Doan Charitable Trust 146,960 HEB Corporation 150,000 Kenedy Memorial Foundation 500,000 Greehey Family Foundation 100,000 THE JE & LE Mabee Foundation 500,000 Meadows Foundation 100,000 Dick & Sara Rathgeber 1,610,000 Other Private Donations 220,039 Total 4,644,426 74% Proceeds from Property Sales 1,157573 18% Type B Funding (Pending) 500,000 8% Grand Total 6,301,999 100% The Type B Sales Tax annually allocates $500,000 in Sales Tax use towards Affordable Housing projects. The Type B Fund for affordable housing has a fund balance of $1,250,000. This item would encumber $500,000 of operating funds and reduce the fund balance to $750,000. Type A Funds are not being pursued for this project because the fund balance in Type A Affordable Housing is only $154,000. Funding Detail: Fund: 1145- Type B Fund Organization/Activity: 15000 Mission Element: 132 Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: City staff recommended approval of Type B funds to be disbursed to Salvation Army in FY2020. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation Agreement William Booth, Founder Andre’ Cox, General David Hudson, Commissioner, National Commander Willis Howell, Commissioner, Territorial Commander Ronnie Raymer, Lt. Colonel, Divisional Commander Captain Patrick & Lt. Laura Gesner, Regional Coordinators Corpus Christi Corps, PO Box 2507, Corpus Christi, Texas 78403, (361) 884-9497 Transitional Housing Program The Salvation Army of the Coastal Bend is proud to serve families and individuals experiencing homelessness, we have a dedicated team and program to assist those in need. Our goal is to successfully transition families and individual from homelessness into permanent sustainable and affordable housing. The Center of Hope will have 60 single beds and 30 family rooms, which will provide clients the time and resources they need to get back on their feet. Each household is referred to us by Coordinated Entry based on their vulnerability index score and needs. We offer intense case management to ensure our program participant have every tool necessary to be successful in our program. Our program participants take advantage of life skills classes, financial literacy classes, planned activities, tutoring, youth & adult programs. During their stay our program participants have access to a designated laundry room, hygiene kits, transportation assistance, 3 meals per day, family lounge, playground, computer room and library. Once specific case management goals have been met, clients transition from the Center to off-site, market based apartments. The Salvation Army of the Coastal Bend assists paying for deposits and rent, gradually increasing the percentage paid by the client until self-sufficiency is attained. The Center of Hope will have a total of 192 beds available. Each unit will comply with HUD affordable housing guidelines for single room occupancy or shared family housing. Two units, totaling 8 beds, will be set aside and permanently designated as program fee- based transitional housing. The remaining units will have flexible designation as either emergency shelter or transitional housing, dictated by the needs of Salvation Army’s clients and the community at large. Clients will have the opportunity to transition in place through Salvation Army’s programs, providing stability for residents and flexibility for the Salvation Army. William Booth, Founder Andre’ Cox, General David Hudson, Commissioner, National Commander Willis Howell, Commissioner, Territorial Commander Ronnie Raymer, Lt. Colonel, Divisional Commander Captain Patrick & Lt. Laura Gesner, Regional Coordinators Corpus Christi Corps, PO Box 2507, Corpus Christi, Texas 78403, (361) 884-9497 Program Requirements Program participants in the Transitional Housing program are required to obtain a job and save money during their stay. The percentage of savings is based on the program participant’s budget and income. Many participants save up to 70% of their income, the minimum goal is 25%. Program participants are required to pay a program fee, the fee is calculated based on their income, fees are recertified every 90 days. Participants can be enrolled in the Transitional Housing program for up to 24 months, and must recertify every 90 days. The Salvation Army and the Center of Hope operate drug and alcohol free programs, and all participants are expected to be sober and substance free while enrolled. Participants are also expected to abide by program specific guidelines while enrolled in the Transitional Housing program. City Council February 11th, 2020 The Salvation Army Center of Hope Request for Funding 1 2 The Salvation Army is requesting $500,000 in Type B Funds to be applied toward a new $6.3 million facility that will provide transitional housing to individuals, families, and veterans The Salvation Army Center of Hope 3 Center of Hope Current Facility •Located at 513 Josephine St •16,000 sq. ft in 3 buildings •50+ years old •98% capacity daily 4 Salvation Army Aerial View 5 Center of Hope Main Entry Architectural Rendering of Main Entry – Center of Hope 6 Center of Hope Aerial View 7 Center of Hope Floor Plan Entrance Courtyard Dining Room Business Center/ Classroom Kid’s Lounge Lounge Computer Lab Accessible Family Housing Veteran’s Lounge Family Housing •Will serve 2x as many families •Family remains intact •ADA compliant rooms 8 Center of Hope Sources and Uses of Funds Sources of Funding Donor Amount Ed Rachal Foundation $642,427 Laverne and Thomas Howell Foundation $100,000 Blanche Davis Moore Foundation $100,000 Herbst Foundation $75,000 Braselton Homes $250,000 Eugene and Ella Bouligny $100,000 John and Augusta Doan Charitable $146,960 HEB Corporation $150,000 Kenedy Memorial Foundation $500,000 Greehey Family Foundation $150,000 The J.E. & L.E. Mabee Foundation $500,000 Meadows Foundation $100,000 Dick and Sara Rathgeber $1,610,000 Other Private Donations $220,039 Total Pledged $4,644,426 Property Sales $1,157,573 Total Pledged and Property Sales $5,801,999 Uses of Funding Expense Amount Architect Fees $425,425 Construction $5,005,000 Equipment & Furnishing $394,020 Other Professional Fee $47,815 Contingency $250,250 Interim Financing $179,489 Total Project Costs $6,301,999 Funding Gap = $500,000 Cost per Unit - $5,500 Center of Hope Capacity Expansion 9 Josephine St Center of Hope Growth 16,000 sq. ft 30,000 sq. ft +14,000 sq. ft 120 beds 192 beds +72 beds 20 family rooms 30 family rooms +10 family rooms 10 veteran bunks 12 veteran bunks +2 veteran bunks 40 single shelter beds 60 single shelter beds +20 single shelter beds Kitchen and Dining (175k meals/ year) Kitchen and Dining (220k meals/year) +45k meals/year Playground Playground + library +library Veteran’s lounge Vet, family, kid’s lounge +family and kids lounge 10 Transitional Housing Process Coordinated Entry Emergency Shelter Case Management Transitional Housing Rapid Rehousing/ Supported Housing Independent, Stable Housing DATE: February 11, 2020 TO: Peter Zanoni, City Manager FROM: Peter Collins, Director of Information Technology PeterC@cctexas.com 361.826.3735 CAPTION: Resolution authorizing a Memorandum of Understanding by and between the City of Corpus Christi, City of Kingsville, City of Port Aransas, City of Portland, City of Rockport, San Patricio County, Nueces County, the Regional Transportation Authority, and the Corpus Christi Port Authority to collaborate to develop a master plan for a Public Safety Radio System that will be utilized across multiple member jurisdictions. SUMMARY: The City of Corpus Christi wishes to collaborate with surrounding jurisdictions to address issues in coverage, infrastructure, connectivity, redundancy, prioritization, governance, and security. BACKGROUND AND FINDINGS: The City is updating the current radio system to improve coverage, reliability and interoperability. Increasing coverage to the radio system will require additional infrastructure, which already exists throughout the surrounding jurisdictions. This City Council will create the Coastal Bend Regional Public Safety Radio Coalition. The Coalition will leverage all assets in the region to increase radio system coverage and provide interoperability. ALTERNATIVES: The radio system upgrade will have increased costs and will not achieve interoperability with the surrounding jurisdictions if the City of Corpus Christi does not become part of The Coalition. FISCAL IMPACT: None Creation of the Coastal Bend Regional Public Safety Radio Coalition AGENDA MEMORANDUM Action Item for the City Council Meeting February 11, 2020 RECOMMENDATION: City staff recommends approving the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Memorandum of Understanding Resolution Resolution authorizing a Memorandum of Understanding by and between the City of Corpus Christi, City of Kingsville, City of Port Aransas, City of Portland, City of Rockport, San Patricio County, Nueces County, the Regional Transportation Authority, and the Corpus Christi Port Authority to collaborate to develop a master plan for a Public Safety Radio System that will be utilized across multiple member jurisdictions. WHEREAS, the City wishes to update its current Public Safety Radio System to utilize newer technologies and create a more reliable network. WHEREAS, the City wishes to collaborate with surrounding jurisdictions to address issues in coverage, infrastructure, connectivity, interoperability, redundancy, prioritization, governance, and security for a Public Safety Radio System that will be utilized across multiple member jurisdictions. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. The City Manager or his designee is authorized to execute a Memorandum of Understanding by and between the City of Corpus Christi, City of Kingsville, City of Port Aransas, City or Portland, City of Rockport, San Patricio County, Nueces County, the Regional Transportation Authority, and the Corpus Christi Port Authority to collaborate to develop a master plan to address coverage, infrastructure, connectivity, interoperability, redundancy, prioritization, governance, and security for a Public Safety Radio System that will be utilized across multiple member jurisdictions. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo ______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca L. Huerta Joe McComb City Secretary Mayor MEMORANDUM OF UNDERSTANDING   This Memorandum of Understanding (“MOU”) is made by and between the City of Corpus Christi (“Corpus  Christi”), a Texas municipal corporation and home rule city, the City of Kingsville, (“Kingsville”) a Texas  municipal corporation and home rule city, the City of Port Aransas, (“Port Aransas”), the City of Portland,  (“Portland”), the City of Rockport, (“Rockport”), San Patricio County, Texas (“San Patricio”), Nueces  County, Texas (“Nueces”), the Regional Transportation Authority ("RTA"), a metropolitan transit  authority under Article 1118x, V.A.T.S. and the Corpus Christi Port Authority of Nueces County  (“Port”). The collective parties shall be known as the Coastal Bend Regional Public Safety Radio Coalition,  (“The Coalition”).  A. This MOU is for planning purposes only and is not intended to constitute a legally binding or  enforceable agreement or commitment on the parties.  B. Purpose. The purpose of this MOU is to memorialize the willingness and intent of the respective  members  of  the  Coalition  to  collaborate    to  develop  a  master  plan  to  address  coverage,  infrastructure,  connectivity,  redundancy,  prioritization,  governance,  and  security  for  a  radio  system that will be utilized across multiple member jurisdictions. Any resulting master plan will  be presented to each governing body for review and further action as appropriate.  C. Designees. Each member of the Coalition will designate a representative (“Designee”) to attend  Coalition meetings, which will meet as frequently as needed.    D. Good Faith Negotiations.  The members of the Coalition shall collaborate in good faith and use  their best efforts to develop a master plan as described above.  E. Costs. No costs are anticipated under this MOU, save and except for any cost associated with each  Designee’s participation in the Coalition and attendance to related meetings.  The governing  entity for such Designee shall each be responsible for their individual designee’s costs. Each party  is responsible for paying all costs of services to be provided by their Designee pursuant to this  MOU. This MOU does not require the payment of funds from any party to another party for the  services to be provided under this MOU. The parties do acknowledge that all of their own  obligations pursuant to the terms of this Agreement shall be me t from current revenues available  to the parties, and that any future obligations are subject to appropriations.  F. Term. This MOU shall become effective upon the last date of the last signature below and shall  remain in full force and effect until a master plan as described above in Paragraph B is developed  and presented for approval to the respective governing bodies. Any party may withdraw from  participating in this MOU by providing thirty (30) days written notice.  Withdrawal by any one  Coalition member does not affect the continued operation of this MOU between and among the  remaining Coalition members.  G. Amendments. This MOU may be amended/modified in writing, and only by mutual agreement of  all parties.  H. Notice. Notice must be given by certified mail and is deemed received on the third day after  deposit in the U.S. mail. Notice shall be addressed as follows:    City of Corpus Christi    City of Portland  Attn: Peter Zanoni, City Manager    Attn: Randy L. Wright, City Manager  P.O. Box 9277     1900 Billy G. Webb Dr.  Corpus Christi, Texas 78469      Portland, Texas 78374          City of Kingsville    City of Rockport  Attn: Mark McLaughlin, City Manager    Attn: Kevin Carruth, City Manager  PO Box 1458     2751 SH 35 N Bypass  Kingsville, Texas  78364    Rockport, Texas 78382    City of Port Aransas     San Patricio County  Attn: David Parsons, City Manager    Attn: David Krebs, County Judge  710 West Avenue A       400 W. Sinton St., Room 109  Port Aransas, Texas 78373      Sinton, Texas 78387    Nueces County      Corpus Christi Regional Transportation  Attn: Barbara Canales, County Judge   Authority   901 Leopard St., 3rd Floor, Room 303    Attn: David Chapa, Director of IT  Corpus Christi, Texas 78401      602 N. Staples St.        Corpus Christi, Texas 78401    Port of Corpus Christi Authority        Attn: Sean Strawbridge, Chief Executive Office       222 Power Street        Corpus Christi, Texas 78401         I. Assignment. No party shall assign, sublet or transfer its interests in this Agreement without the  prior written consent of the other parties.  J. No Waiver. Nothing in this MOU is intended, nor may it be deemed, to waive any governmental,  official,  or  other  immunity  or  defense  of  any  of  the  parties  or  their  officers,  employees,  representatives, and agents as a result of the execution of this MOU and the performance of the  terms contained in this MOU.   K. Entire Agreement. This MOU represents the entire agreement between the parties.  Any oral  representations or modifications concerning this Agreement shall be of no force or effect unless  contained in a subsequent writing signed by both parties.  By their signatures below, the parties  accept the terms of this Agreement in full.        City of Corpus Christi    City of Portland  By: _____________________________    By:______________________________  ________________________________    ________________________________  City Manager     City Manager   Date:____________________      Date:____________________      City of Kingsville    City of Rockport  By: _____________________________    By:______________________________  ________________________________    ________________________________  City Manger     City Manager   Date:____________________      Date:____________________    City of Port Aransas     San Patricio County  By: _____________________________    By:______________________________  ________________________________    ________________________________  City Manager     County Judge    Date:____________________      Date:____________________    Nueces County      Corpus Christi Regional Transportation Authority  By: _____________________________    By:______________________________  ________________________________    ________________________________  County Judge     ________________________________    Date:____________________      Date:____________________    Port of Corpus Christi Authority  By: _____________________________      ________________________________      ________________________________        Date:____________________    Council Presentation February 11, 2020 Coastal Bend Regional Public Safety Radio Coalition 1 2 •City of Corpus Christi •Nueces County •San Patricio County •Portland •Kingsville Participating Agencies •Port Aransas •Rockport •RTA •Port of Corpus Christi Authority 3 Overview •The Coalition will develop a master plan for a radio system that will be utilized across multiple jurisdictions. •The master plan will address issues in coverage, infrastructure, connectivity, redundancy, prioritization, governance and security. 4 5 Questions AGENDA MEMORANDUM Action Item for City Council Meeting February 11, 2020 DATE: 12/23/2019 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit affordable housing project known as Village at McArdle to be developed by TG 110, Inc. SUMMARY: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs’ 2020 Qualified Allocation Plan Section 11.9(d)(1) for 9% Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi’s Housing and Community Development Department has received a request for a Resolution to support the application and development of an affordable rental housing project. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs’ (TDHCA) 2020 Qualified Allocation Plan’s Section 11.9(d)(1) for 9% Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Village at McArdle, once constructed, will be an Affordable Housing Development located at 5314 McArdle Rd., Corpus Christi, TX 78411. TG 110, Inc. proposes the construction of approximately 82 apartments of which 70 units would serve families at or below 60% of the Area Median Income. The Property is zoned CG-2 (General Commercial-2) and CG-2 zoning allows Multi-Family Housing development within allowed density. The developer will be available to answer any questions to the City Council regarding their proposed application and project. Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) ALTERNATIVES: Denying the Resolution of support for one of the proposed projects applying for Tax Credits would give the other projects an advantage for receiving the Tax Credits. FISCAL IMPACT: There is no fiscal impact for this item. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): Account: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant’s application for the TDHCA 9 % Housing Tax Credit Program and to support the proposed Affordable Housing Project. LIST OF SUPPORTING DOCUMENTS: Resolution – Village at McArdle Map Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Village at McArdle to be developed by TG 110, Inc. Whereas, TG 110, Inc. (the “Applicant”) has proposed a development project to construct approximately 82 apartments of which 70 will provide affordable housing that is to be located at 5314 McArdle Rd., Corpus Christi, Texas 78401 and named Village at McCardle Apartments (“Village at McCardle Project”); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs (“TDHCA”) for 20 20 Housing Tax Credits for the Washington Coles Apartments Project. Whereas, the Property is zoned CG-2 (General Commercial-2) and CG-2 zoning allows Multi-Family Housing development within allowed density. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Village at McArdle Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges support for the proposed Village at McArdle Project located at 5314 McArdle, Corpus Christi, Texas 78401. PASSED AND APPROVED this _____ day of __________________, 20 20. Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor AGENDA MEMORANDUM Action Item for City Council Meeting February 11, 2020 DATE: 12/23/2019 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas having no objection to the proposed 9% Housing Tax Credit affordable housing project known as FishPond at Fitzgerald to be developed by Fish Pond Development, LLC. SUMMARY: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs’ 2020 Qualified Allocation Plan Section 11.9(d)(1) for 9% Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) having no objection to the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi’s Housing and Community Development Department has received a request for a Resolution to the application and development of an affordable rental housing project. The development is hereby requesting a resolution for their individual proposed development. The Texas Department of Housing and Community Affairs’ (TDHCA) 2020 Qualified Allocation Plan’s Section 11.9(d)(1) for 9% Housing Tax Credits indicates that in order to receive fourteen points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. FishPond at Fitzgerald, once constructed, will be an Affordable Housing Development located approximately the Southwest corner of Fitzgerald and North Chaparral, Corpus Christi, TX 78401. Fish Pond Development, LLC. proposes the construction of approximately 100 apartments of which 86 units would serve families at or below 60% of the Area Median Income. It is appropriate to determine that no objection to this proposed Project because it would be incompatible with neighboring property in the City’s Heritage Park, which contains many 19 th Century Homes which have been intentionally preserved for historical tourism and it would be incompatible with the focus of the larger surrounding area which is tourism and conventions. The developer will be available to answer any questions to the City Council regarding their proposed Resolution of No Objection of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) application and project. ALTERNATIVES: Denying the Resolution of No Objection. FISCAL IMPACT: There is no fiscal impact for this item. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): Account: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant’s application for the TDHCA 9 % Housing Tax Credit Program and to provide no objection to the proposed Affordable Housing Project. LIST OF SUPPORTING DOCUMENTS: Resolution – FishPond Fitzgerald Map Resolution of the City Council of the City of Corpus Christi, Texas having no objection to the proposed 9% Housing Tax Credit for an affordable housing project known as Fishpond at Fitzgerald to be developed by FishPond Development, LLC. Whereas, FishPond Development, LLC. (the “Applicant”) has proposed a development project to construct approximately 100 apartments of which 86 will provide affordable housing that is to be located at approximately the Southwest corner of Fitzgerald and North Chaparral, Corpus Christi, Texas 78401 and named Fishpond at Fitzgerald (“Fishpond at Fitzgerald Project”); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs (“TDHCA”) for 2020 Housing Tax Credits for the FishPond at Fitzgerald Apartments Project. Whereas, the City Council finds that it is appropriate to determine that no objection to this proposed Project because it would be incompatible with neighboring property in the City’s Heritage Park, which contains many 19th Century Homes which have been intentionally preserved for historical tourism and it would be incompatible with the focus of the larger surrounding area which is tourism and conventions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi has no objection to the proposed Fishpond at Fitzgerald Project. Section 2. The City Council for the City of Corpus Christi has no objection to the proposed FishPond at Fitzgerald Project located approximately at the Southwest corner of Fitzgerald and North Chaparral, Corpus Christi, Texas 78401. PASSED AND APPROVED this _____ day of __________________, 20 20. Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor AGENDA MEMORANDUM Action Item for City Council Meeting February 11, 2020 DATE: 12/23/2019 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas having no objection to the proposed 9% Housing Tax Credit affordable housing project known as Washington Coles Apartments to be developed by Washington Coles Apts, LP. SUMMARY: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs’ 2020 Qualified Allocation Plan Section 11.9(d)(1) for 9% Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) having no objection to the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi’s Housing and Community Development Department has received a request for a Resolution to the application and development of an affordable rental housing project. The development is hereby requesting a resolution for their individual proposed development. The Texas Department of Housing and Community Affairs’ (TDHCA) 2020 Qualified Allocation Plan’s Section 11.9(d)(1) for 9% Housing Tax Credits indicates that in order to receive fourteen points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Washington Coles Apartments, once constructed, will be an Affordable Housing Development located at 1124 Martin Luther King Dr., Corpus Christi, TX 78401. Washington Coles Apts, LP. proposes the construction of approximately 86 apartments of which 56 units would serve families at or below 60% of the Area Median Income. It is appropriate to determine no objection to this proposed Project because the Property is zoned IL, a zone that does not permit multifamily uses, but is instead more appropriate for uses such as commercial warehouses, combined with its location within two miles of a refinery. The developer will be available to answer any questions to the City Council regarding their proposed application and project. Resolution of No Objection of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) ALTERNATIVES: Denying the Resolution of No Objection. FISCAL IMPACT: There is no fiscal impact for this item. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): Account: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant’s application for the TDHCA 9 % Housing Tax Credit Program and to provide no objection to the proposed Affordable Housing Project. LIST OF SUPPORTING DOCUMENTS: Resolution – Washington Coles Apartments Map Resolution of the City Council of the City of Corpus Christi, Texas having no objection to the proposed 9% Housing Tax Credit for an affordable housing project known as Washington Coles Apartments to be developed by Washington Coles Apts., LP. Whereas, Washington Coles Apts., LP. (the “Applicant”) has proposed a development project to construct approximately 86 apartments of which 56 will provide affordable housing that is to be located at 1124 Martin Luther King Dr., Corpus Christi, Texas 78401 and named Washington Coles Apartments (“Washington Coles Apartments Project”); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs (“TDHCA”) for 20 20 Housing Tax Credits for the Washington Coles Apartments Project. Whereas, the City Council finds that it is appropriate to determine no objection to this proposed Project because the Property is zoned IL, a zone that does not permit multifamily uses, but is instead more appropriate for uses such as commercial warehouses, combined with its location within two miles of a refinery. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council for the City of Corpus Christi has no objection to the proposed Washington Coles Apartments Project. Section 2. That the City Council for the City of Corpus Christi has no objection to the proposed Washington Coles Apartments Project located at 1124 Martin Luther King Dr., Corpus Christi, Texas 78401. PASSED AND APPROVED this _____ day of __________________, 20 20. Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE: December 23, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1119-03, Morteza Shafinury and Abdolrhim Aminzadeh (District 5). Ordinance rezoning property at or near 7121 Saratoga Boulevard (State Highway 357) from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District. SUMMARY: The purpose of the zoning request is to allow for the construction of showroom warehouses. BACKGROUND AND FINDINGS: The subject property is 3.75 acres in size. According to the applicant the purpose of the request is to construct showroom warehouses. The applicant has not submitted any specific plans concerning the retail center. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC), the current Southside ADP, and the draft Southside ADP. The proposed rezoning and the proposed use of showroom warehouses are incompatible with neighboring properties and with the general character of the surrounding area. The “IL” Light Industrial District allows uses such as heavy vehicle repair, warehousing, waste-related services, open storage, and social service uses. Public Input Process Number of Notices Mailed 4 within 200-foot notification area 6 outside notification area As of December 13, 2019: In Favor In Opposition Rezoning a property at or near 7121 Saratoga Boulevard (State Highway 357) AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/11/20 Second Reading Ordinance for the City Council Meeting 02/18/20 0 inside notification area 0 outside notification area 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended denial of the change of zoning from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District, in lieu thereof, approval of the “CG-2/SP” General Commercial District with a Special Permit (SP) with conditions on December 18, 2019. ALTERNATIVES: 1. Approval of the change of zoning from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request, in lieu thereof, approval of a Special Permit. Planning Commission recommended denial of the change of zoning from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District, in lieu thereof, approval of the “CG-2/SP” General Commercial District with a Special Permit (SP) with conditions with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1119-03, Morteza Shafinury and Abdolrhim Aminzadeh (District 5). Ordinance rezoning property at or near 7121 Saratoga Boulevard (State Highway 357) from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “CG-2/SP” General Commercial District with a Special Permit. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 1, Block 1, Brandywine South Unit 1 as shown in Exhibit “A”: from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “CG-2/SP” General Commercial District with a Special Permit. The subject property is located at or near 7121 Saratoga Boulevard (State Highway 357). Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.4.I “Vehicle Sales and Service”, Section 5.1.5.A “Light Industrial Page 2 of 5 Service, except Fuel storage (above ground), Section 5.1.5.B “Warehouse and Freight Movement” except bus barn, coal and coke storage and sales, milk distributing station, the stockpiling of sand, gravel, or other aggregate materials, and in Section 5.1.5.D “Wholesale Trade” except Farm Equipment and machinery sales and repair, Earth moving and heavy construction equipment sales and repair, Greenhouse (Wholesale), and Truck sales and repair (Heavy load vehicles). 2. Buffer Yard: A 10-foot wide buffer yard and 5 buffer yard points shall be required along the southern, eastern, and western property boundaries. 3. Outdoor Storage: Any outdoor storage is prohibited. 4. Lighting: All lighting must be shielded and directed away from adjacent properties and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. Page 3 of 5 SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 4 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 5 of 5 Exhibit A Zoning Case No. 1119-03, Morteza Shafinury and Abdolrhim Aminzadeh (District 5). Ordinance rezoning property at or near 7121 Saratoga Boulevard (State Highway 357) from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 1, Block 1, Brandywine South Unit 1 as shown in Exhibit “A”: from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District. The subject property is located at or near 7121 Saratoga Boulevard (State Highway 357). Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the Page 2 of 4 City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 1119-03 INFOR No. 19ZN1032 Planning Commission Hearing Date: December 18, 2019 Applicant & Legal Description Owner: Morteza Shafinury and Abdolrhim Aminzadeh Applicant: Saldana Consulting Location Address: 7121 Saratoga Boulevard (State Highway 357) Legal Description: Lot 1, Block 1, Brandywine South Unit 1, located along the south side of Saratoga Boulevard (State Highway 357), west of Airline Road, and east of Rodd Field Road. Zoning Request From: “RM-1” Multifamily 1 District and “CG-2” General Commercial District To: “IL” Light Industrial District Area: 3.75 acres Purpose of Request: To allow for the construction of showroom warehouses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-1” Multifamily 1 and “CG-2” General Commercial Vacant Medium Density Residential North “CG-2” General Commercial Commercial Commercial South “RM-1” Multifamily 1 Vacant and Public/Semi-Public Government East “RM-1” Multifamily 1 and “CG-2” General Commercial Vacant and Commercial Government West “CG-2” General Commercial and “IL” Light Industrial Vacant and Public/Semi-Public Agricultural ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC), and warrants an amendment to the Future Land Use Map. Map No.: 041032 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 180 feet of street frontage along Saratoga Boulevard (State Highway 357) which is designated as a “A3” Primary Arterial Street. According to the Urban Transportation Plan, “A3” Primary Arterial Streets can convey a capacity between 30,000 to 48,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Saratoga Boulevard (SH 357) “A3” Primary Arterial 130’ ROW 79’ paved 125’ ROW 66’ paved 13,747 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District to allow for the construction of showroom warehouses. The subject property is 3.75 acres in size. According to the applicant, the purpose of the rezoning request is to construct showroom warehouses and additional structures for multiple uses. No additional details were provided to identify the other potential uses of the site. Existing Land Uses & Zoning: The subject property is currently zoned “RM-1” Multifamily 1 District and “CG-2” General Commercial District, consists of vacant land, and has remained relatively undeveloped since annexation in 1995. To the north across Saratoga Boulevard (State Highway 357) is a retail shopping center zoned “CG-2” General Commercial District. To the south and east is a vacant property and a church (Calvary Chapel Coastlands) zoned “CG-2” General Commercial District and “RM-1” Multifamily 1 District. To the west is a vacant property and bank zoned “IL” Light Industrial District and “CG-2” General Commercial. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 12-inch C900 line located along Saratoga Boulevard (SH 357. Wastewater: Not currently available. Extension will be needed. Gas: 8-inch Service Line located along Saratoga Boulevard (SH 357). Storm Water: 30-inch located along Saratoga Boulevard (SH 357). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. According to the draft Southside Area Development Plan, the subject property is planned for mixed uses. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC), the current Southside ADP, and the draft Southside ADP. • The proposed rezoning and the proposed use of showroom warehouses are incompatible with neighboring properties and with the general character of the surrounding area. • The “IL” Light Industrial District allows uses such as heavy vehicle repair, warehousing, waste-related services, open storage, and social service uses. • A buffer yard will be required between the potential “IL” District and the “RM-1” District and “CG-2” District to the east. The required buffer yards will be a Type C Buffer Yard is a 15-foot yard with at least 15-points and a Type A Buffer Yard is a 10-foot yard with at least 5-points. Planning Commission and Staff Recommendation (December 18, 2019): Denial of the change of zoning from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District, in lieu thereof, approval of the “CG- 2/SP” General Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.4.I “Vehicle Sales and Service”, Section 5.1.5.A “Light Industrial Service, except Fuel storage (above ground), Section 5.1.5.B “Warehouse and Freight Movement” except bus barn, coal and coke storage and sales, milk distributing station, the stockpiling of sand, gravel, or other aggregate materials, and in Section 5.1.5.D “Wholesale Trade” except Farm Equipment and machinery sales and repair, Earth moving and heavy construction equipment sales and repair, Greenhouse (Wholesale), and Truck sales and repair (Heavy load vehicles). 2. Buffer Yard: A 10-foot wide buffer yard and 5 buffer yard points shall be required along the southern, eastern, and western property boundaries. 3. Outdoor Storage: Any outdoor storage is prohibited. Staff Report Page 4 4. Lighting: All lighting must be shielded and directed away from adjacent properties and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed – 4 within 200-foot notification area 6 outside notification area As of December 13, 2019: 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: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1119-03 Shafinury and Aminzadeh (Saldana)/Council Documents/Report - Shafinury and Aminzadeh.docx Staff Report Page 5 Morteza Shafinury and Abdolrhim Aminzadeh Rezoning for a Property at 7121 Saratoga Boulevard (SH 357) From “RM-1” & “CG-2” To “IL” Zoning Case #1119-03 N City Council February 11, 2020 2 N 4.62 Acre Remainder Aerial Overview 3 Zoning Pattern 4 Denial of the “IL” Light Industrial District In lieu thereof, Approval of the “CG-2/SP” General Commercial District with a Special Permit Planning Commission and Staff Recommendation 5 SP Conditions 1.Uses:The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC)in Section 5.1.4.I “Vehicle Sales and Service”, Section 5.1.5.A “Light Industrial Service, except Fuel storage (above ground),Section 5.1.5.B “Warehouse and Freight Movement” except bus barn, coal and coke storage and sales,milk distributing station,the stockpiling of sand,gravel,or other aggregate materials,and in Section 5.1.5.D “Wholesale Trade” except Farm Equipment and machinery sales and repair,Earth moving and heavy construction equipment sales and repair, Greenhouse (Wholesale),and Truck sales and repair (Heavy load vehicles). 2.Buffer Yard :A 10-foot wide buffer yard and 5 buffer yard points shall be required along the southern, eastern, and western property boundaries. 3.Outdoor Storage:Any outdoor storage is prohibited. 6 SP Conditions 4.Lighting:All lighting must be shielded and directed away from adjacent properties and nearby streets.Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 5.Noise:Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells,or similar devices are prohibited. 6.Hours of Operation:The hours of operation shall be Monday through Saturday from 6:00 AM to 9:00 PM. 7.Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC,Building, and Fire Code Requirements. 8.Time Limit:In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (24) months of this ordinance, unless a complete building permit application has been submitted or,a certificate of occupancy or UDC compliance has been issued.The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 7 4.62 Acre Remainder Use Tables 8 4.62 Acre Remainder Use Tables 9 UDC Requirements Buffer Yards: IL to RM-1: Type C: 10’ & 10 pts. IL to CG-2: Type A: 10’ & 5 pts. Setbacks: Street: 20 feet Side/Rear: 0 feet Parking: N/A Landscaping, Screening, and Lighting Standards Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage. 10 Utilities Water: 12-inch C900 Wastewater: N/A Gas: 8-inch Service Line Storm Water: 30-inch Line 11 Public Notification 4 Notices mailed inside 200’ buffer 6 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 DATE: December 23, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1219-02, Zeba, Inc. (District 3). Ordinance rezoning property at or near 4938 Moody Drive from the “RS-6” Single-Family 6 District to the “RM-1” Multifamily 1 District. SUMMARY: The purpose of the zoning request is to allow for the construction of a senior apartment complex. BACKGROUND AND FINDINGS: The subject property is 1.62 acres in size. According to the applicant the purpose of the request is to construct a senior apartment complex. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the “RM-1” Multifamily 1 District is inconsistent with the adopted Comprehensive Plan (Plan CC), incompatible with the adjoining residential properties, and could potentially have a negative impact upon the adjacent single-family residential properties. Adjacent properties consist of single-family homes, professional offices, and an industrial park. Plan CC specifically states that there should be direct arterial access for apartments and traffic should avoid passing through a lower density residential area. The proposed apartment complex would route traffic to the north along Moody Drive and though the residential neighborhood. Buffer yards will be required along the northern, southern, and eastern property lines. The “RS-TF” District is in line with the character of the neighborhood and promotes a reduced traffic impact to surrounding residential properties. Public Input Process Number of Notices Mailed 28 within 200-foot notification area 5 outside notification area Rezoning a property at or near 4938 Moody Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/11/20 Second Reading Ordinance for the City Council Meeting 02/18/20 As of December 13, 2019: 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. Commission Recommendation Planning Commission approval of the change of zoning from the “RS-6” Single-Family 6 District to the “RM-1” Multifamily 1 District on December 18, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RS-6” Single-Family 6 District to the “RM-1” Multifamily 1 District. 2. Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “RS-TF” Two Family District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request, in lieu thereof, approval of the “RS-TF” Two Family District. Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District to the “RM-1” Multifamily 1 District with following vote count. Vote Count: For: 8 Opposed: 1 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1219-02, Zeba, Inc. (District 3). Ordinance rezoning property at or near 4938 Moody Drive from the “RS-6” Single- Family 6 District to the “RM-1” Multifamily 1 District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Park, Block 2, Two Fountains Unit 2 as shown in Exhibit “A”: from the “RS-6” Single-Family 6 District to the “RM-1” Multifamily 1 District. The subject property is located at or near 4938 Moody Drive. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. Page 2 of 4 SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A Zoning Case No. 1219-02, Zeba, Inc. (District 3). Ordinance rezoning property at or near 4938 Moody Drive from the “RS-6” Single- Family 6 District to the “RS-TF” Two-Family District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Park, Block 2, Two Fountains Unit 2 as shown in Exhibit “A”: from the “RS-6” Single-Family 6 District to the “RS-TF” Two-Family District. The subject property is located at or near 4938 Moody Drive. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. Page 2 of 4 SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 1219-02 INFOR No. 19ZN1037 Planning Commission Hearing Date: December 18, 2019 Applicant & Legal Description Owner: Zeba, Inc. Applicant: Zeba, Inc. Location Address: 4938 Moody Drive Legal Description: Park, Block 2, Two Fountains Unit 2, located along the east side of Moody Drive, east of Bayou Street, and south of Trojan Drive. Zoning Request From: “RS-6” Single-Family 6 District To: “RM-1” Multifamily 1 District Area: 1.62 acres Purpose of Request: To allow for the construction of a senior apartment complex. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 Park Medium Density Residential North “RS-6” Single-Family 6 Low Density Residential Medium Density Residential South “IL” Light Industrial Commercial and Light Industrial Commercial and Light Industrial East “ON” Neighborhood Office Public/Semi-Public Government West “RS-6” Single-Family 6 Low Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the “RM-1” Multifamily 1 District is inconsistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 048039 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 135 feet of street frontage along Moody Drive which is designated as a “Local/Residential” Street. According to the Urban Transportation Plan, “Local/Residential” Streets can convey a capacity up to 500 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Moody Drive “Local/Residential” 50’ ROW 45’ paved 52’ ROW 26’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-6” Single- Family 6 District to the “RM-1” Multifamily 1 District to allow for the construction of a senior apartment complex with approximately 20 units. Development Plan: The subject property is 1.62 acres in size. The applicant has not submitted any specific plans concerning the senior apartment complex. Existing Land Uses & Zoning: The subject property is currently zoned “RS-6” Single- Family 6 District, consists of a former park (Fountain Park), and has remained vacant since annexation in 1954. To the north and west are single-family homes zoned “RS-6” Single-Family 6 District (Two Fountains Unit 2; 1970). To the south is an industrial park zoned “IL” Light Industrial District. To the east are office buildings zoned “ON” Neighborhood Office District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 6-inch ACP line located along Moody Drive. Wastewater: 8-inch VCP line located along the rear property line. Gas: 2-inch Service Line located along the rear property line. Storm Water: 15-inch line located along Moody Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the “RM-1” Multifamily 1 District is inconsistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7). • Promote the stabilization, revitalization and redevelopment of older neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • High-intensity commercial and industrial areas should be buffered to provide transition from residential areas. (Westside ADP, Policy Statement C.5). Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC), incompatible with the adjoining residential properties, and could potentially have a negative impact upon the adjacent single-family residential properties. • Adjacent properties consist of single-family homes, professional offices, and an industrial park. • Plan CC specifically states that there should be direct arterial access for apartments and traffic should avoid passing through a lower density residential area. The proposed apartment complex would route traffic to the north along Moody Drive and though the residential neighborhood. • Buffer yards will be required along the northern, southern, and eastern property lines. Staff Recommendation: Denial of the change of zoning from the “RS-6” Single-Family 6 District to the “RM-1” Multifamily 1 District, in lieu thereof approval of the “RS-TF” Two Family District. Planning Commission Recommendation (December 18, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “RM-1” Multifamily 1 District. Staff Report Page 4 Public Notification Number of Notices Mailed – 28 within 200-foot notification area 5 outside notification area As of December 13, 2019: 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: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1219-02 Zeba, Inc/Council Documents/Report - Zeba, Inc.docx Staff Report Page 5 Zeba, Inc. Rezoning for a Property at 6734 Saratoga Boulevard From “RS-6” To “RM-1” N Zoning Case #1219-02 City Council February 11, 2020 2 Aerial Overview 3 Zoning Pattern 4 Planning Commission Recommendation Approval of the “RM-1” Multifamily 1 District Staff Recommendation Denial of the “RM-1” Multifamily 1 District Recommendations 5 UDC Requirements Buffer Yards: RM-1 to RS-6: Type B: 10’ & 10 pts. RM-1 to ON: Type A: 10’ & 5 pts. RM-1 to IL: Type C: 15’ & 15 pts. Setbacks: Street: 20 feet Side & Rear: 10 feet Rear: 2:1 Setback (height) Height: 45 feet (Max.) Parking: 1 Bedroom –1.5 spaces/unit 2+ Bedroom –2 spaces/unit 1 space/ 5 units –Visitors Landscaping, Screening, and Lighting Standards Uses Allowed: Single-Family Homes, Duplexes, Apartments, and Day Care Uses. 6 Utilities Water: 6-inch ACP Wastewater: 8-inch VCP Gas: 2-inch Service Line Storm Water: 15-inch Line 7 Public Notification 28 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 DATE: December 23, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1219-03, MVR Construction Company (District 4). Ordinance rezoning property at or near 2301 Flour Bluff Drive from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. SUMMARY: The purpose of the zoning request is to allow for the construction of a single-family residential subdivision. BACKGROUND AND FINDINGS: The subject property is 32.09 acres in size. According to the applicant the purpose of the request is to construct a single-family residential subdivision. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a low-density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent commercial properties. However, warrants an amendment to the Future Land Use Map. The property is currently vacant and is a remaining “RS- 6” Single-Family 6 District tract. Adjacent to the north is a single-family home subdivision (Shoreline Oaks; 2005) zoned “RS-4.5” Single-Family 4.5 District and consists of 210 lots. Public Input Process Number of Notices Mailed 53 within 200-foot notification area 7 outside notification area As of December 13, 2019: In Favor 0 inside notification area In Opposition 2 inside notification area Rezoning a property at or near 2301 Flour Bluff Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/11/20 Second Reading Ordinance for the City Council Meeting 02/18/20 0 outside notification area 0 outside notification area Totaling 2.01% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission approval of the change of zoning from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District on December 18, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1219-03, MVR Construction Company (District 4). Ordinance rezoning property at or near 2301 Flour Bluff Drive from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being a 32.09 acre tract, over and across a portion of Lot 1, Block 1, El Recuerdo Subdivision, a map of which is recorded in Volume 59, Pages 97, Map Records of Nueces County, Texas and portions of Lots 11 through 14, Section 14, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the said Map Records as shown in Exhibit “A”: from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. The subject property is located at or near 2301 Flour Bluff Drive. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. 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, Page 2 of 5 both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 1219-03 INFOR No. 19ZN1038 Planning Commission Hearing Date: December 18, 2019 Applicant & Legal Description Owner: MVR Construction Company Applicant: Urban Engineering Location Address: 2301 Flour Bluff Drive Legal Description: Being a 32.09 acre tract, over and across a portion of Lot 1, Block 1, El Recuerdo Subdivision, a map of which is recorded in Volume 59, Pages 97, Map Records of Nueces County, Texas and portions of Lots 11 through 14, Section 14, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the said Map Records; located along the west side of Flour Bluff Drive, south of Purdue Road, and north of Glenoak Drive. Zoning Request From: “RS-6” Single-Family 6 District and “CG-2” General Commercial District To: “RS-4.5” Single-Family 4.5 District Area: 32.09 acres Purpose of Request: To allow for the construction of a single-family residential subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 and “CG-2” General Commercial Vacant Low Density Residential and Flood Plain Conservation North “RS-4.5” Single-Family 4.5 and “CG-2” General Commercial Vacant, Low Density Residential and Commercial Low and Medium Density Residential South “RS-6” Single-Family 6 and “RM-1” Multifamily 1 Vacant Low Density Residential East “RS-6” Single-Family 6 Low Density Residential Medium Density Residential West “RS-6” Single-Family 6 Vacant and Low Density Residential Low Density Residential and Flood Plain Conservation 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 a low density residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 037030 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 660 feet of street frontage along Flour Bluff Drive which is designated as a “A1” Minor Arterial Street. According to the Urban Transportation Plan, “A1” Minor Arterial Streets can convey a capacity between 15,000 to 24,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Flour Bluff Drive “A1” Minor Arterial 95’ ROW 64’ paved 112’ ROW 25’ paved N/A Purdue Road “C1” Minor Collector 60’ ROW 40’ paved N/A N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District to allow for the construction of a single-family residential subdivision. Development Plan: The subject property is 32.09 acres in size. According to the applicant, the proposed development will consist of approximately 225 single family residences that will be completed in several phases. Existing Land Uses & Zoning: The subject property is currently zoned “RS-6” Single- Family 6 District and “CG-2” General Commercial District, consists of a farm home and vacant land, and has remained undeveloped since annexation in 1961. To the north is a single-family home subdivision (Shoreline Oaks; 2005) zoned “RS-4.5” Single-Family 4.5 District. To the south is vacant unplatted land zoned “RS-6” Single-Family 6 District and “RM-1” Multifamily 1 District. To the east is a single-family home subdivision (Blue Grass Estates; 2013) zoned “RS-6” Single-Family 6 District. To the west is vacant unplatted land zoned “RS-6” Single-Family 6 District and the Cayo del Oso. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch ACP line located along Flour Bluff Drive. Wastewater: 24-inch VCP line located along Flour Bluff Drive. Gas: 3-inch Service Line located along Flour Bluff Drive. Storm Water: 48-inch line located along the norther property line. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a low density Staff Report Page 3 residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent residential properties. • The property is currently vacant and is a remaining “RS-6” Single-Family 6 District tract. • Adjacent to the north is a single-family home subdivision (Shoreline Oaks; 2005) zoned “RS-4.5” Single-Family 4.5 District and consists of 210 lots. Planning Commission and Staff Recommendation (December 18, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. Public Notification Number of Notices Mailed – 53 within 200-foot notification area 7 outside notification area As of December 13, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 2 inside notification area – 0 outside notification area Totaling 2.01% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Layout of Subdivision C. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1219-03 MVR Construction Co/Council Documents/Report - MVR Construction Co.docx Staff Report Page 4 Staff Report Page 5 Staff Report Page 6 Staff Report Page 7 MVR Construction Company Rezoning for a Property at 6734 Saratoga Boulevard From “RS-6 and CG-2” To “RS-4.5” Zoning Case #1219-03 N City Council February 11, 2020 2 Aerial Overview 3 Zoning Pattern 4 Approval of the “RS-4.5” Single-Family 4.5 District Planning Commission and Staff Recommendation 5 Public Notification 53 Notices mailed inside 200’ buffer 7 Notices mailed outside 200’ buffer Notification Area Opposed: 2 (2.01%) In Favor: 0 X X 6 UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes. 7 Utilities Water: 12-inch ACP Wastewater: 24-inch VCP Gas: 3-inch Service Line Storm Water: 48-inch Line 8 Preliminary Layout DATE: January 15, 2020 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 CAPTION: Ordinance amending the Urban Transportation Plan map of MobilityCC, a transportation element of the City’s Comprehensive Plan, to adjust the location of the future Oso Parkway relative to the Oso Creek flood zones; to eliminate a north-south Collector street that becomes unnecessary when Oso Parkway is shifted westward; to adjust the connection between CR 43 East and Oso Parkway; and to connect CR 20A with Oso Parkway. SUMMARY: This ordinance amends the City’s Urban Transportation Plan to shift Oso Parkway out of the Oso Creek floodway and 100-year flood zone where practical; to eliminate a duplicative north- south Collector street as a result of shifting Oso Parkway to the west; to adjust the connections between CR 43 East and Oso Parkway; and to connect CR 20A to Oso Parkway. The amendments improve the future street network in this area and the amendments are recommended for approval. BACKGROUND AND FINDINGS: The City’s current Urban Transportation Plan was last updated in the subject area in 2010. The amendments created a half-mile grid street network with the proposed Oso Parkway on the west bank of the Oso Creek. The Oso Parkway is a Collector type street with a proposed right- of-way (ROW) width of 80 feet, a paved street width of 40 feet, and a paved hike-and-bike trail on the creek-side of the parkway as shown below. Urban Transportation Plan Amendment for Oso Parkway & Related Streets Located Between Weber Road (FM 43) and CR 20A and West of the Oso Creek AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting February 11, 2020 Second Reading for the City Council Meeting February 18, 2020 Since the alignment of Oso Parkway was last proposed, new FEMA flood maps have been developed. The proposed Oso Parkway is currently shown within the Oso Creek floodway and within the 100-year flood zone. Development in the 100-year flood zone must adapt to special construction requirements and it is prohibited in the floodway. The Oso Parkway Plan also encourages preservation of the 100-year flood zone. Staff is proposing amendments that will better comply with FEMA guidelines and that improve connectivity in the subject area. Description of the Amendment: The proposed amendments will: 1. Realign Oso Parkway out of FEMA’s floodway and 100-year flood zone where practical. 2. Delete a north-south Collector that becomes unnecessary when Oso Parkway is shifted west. 3. Improve the alignment of the CR 43 East connection with Oso Parkway. 4. Connect CR 20A to Oso Parkway to complete the street network. Grid System The City’s Urban Transportation Plan in the area south/west of the Oso Creek was amended in 2010 to create a grid system of Arterial and C3 Collector streets. Arterials streets are planned every 1 to 1½ miles with Collector streets filling in the grid of Arterials streets and spaced every ¼ to ½ mile. A grid system increases the street network’s ability to handle traffic. The grid pattern increases connectivity, increases the number of routes available to all users, and helps address congestion. Having alternate routes available to drivers/pedestrians/bicyclists makes for a more convenient transportation system for all users; assists emergency responders; and facilitates convenient detours during construction. Hike/Bike Trails The City’s adopted “Strategic Plan for Active Mobility: Phase 1 Bicycle Mobility” did not layout bicycle infrastructure in the subject area, however, the City’s adopted HikeBikeCC identifies the “Lakes Loop”, which is a planned off-street trail along the Oso Creek. Oso Parkway, when constructed in accordance with the proposed amendments, will include construction of this off- street trail. Analysis of the Amendment The proposed amendments will maintain an adequate and efficient street network for the proposed land uses and will improve connectivity. The amendments better comply with FEMA guidelines for construction in flood zones. Public Input The proposed transportation plan amendments were reviewed by the Planning Commission and Transportation Advisory Commission and both commissions recommended approval of the proposed amendments. Additionally, landowners John C. Tamez and the Ocker Family, who are most impacted by the proposal, were asked to review the proposed amendments and are not opposed. ALTERNATIVES: No alternatives were considered. FINANCIAL IMPACT: No financial impact is associated with this item. RECOMMENDATION: Staff, Planning Commission and Transportation Advisory Commission recommend approval of the transportation plan amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit Presentation Page 1 of 3 Ordinance amending the Urban Transportation Plan map of MobilityCC, a transportation element of the City’s Comprehensive Plan, to adjust the location of the future Oso Parkway relative to the Oso Creek flood zones; to eliminate a north-south Collector street that becomes unnecessary when Oso Parkway is shifted westward; to adjust the connection between CR 43 East and Oso Parkway; and to connect CR 20A with Oso Parkway. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council their recommendation concerning the amendments to the Urban Transportation Plan map, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, the Planning Commission held a public hearing on Wednesday, January 8, 2020, regarding amendments to the Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, February 11, 2020, regarding amendments to the Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the 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. The Urban Transportation Plan map of MobilityCC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the “Comprehensive Plan”), is amended to adjust the location of the future Oso Parkway relative to the Oso Creek flood zones; to eliminate a north-south Collector street that becomes unnecessary when Oso Parkway is shifted westward; to adjust the connection between CR 43 East and Oso Parkway; and to connect CR 20A with Oso Parkway, as shown in the attached Exhibit A. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. Page 2 of 3 SECTION 6. Publication shall be made in the City’s official publication as required by the City’s Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 EXHIBIT A Urban Transportation Plan Amendment Oso Parkway & Related Streets from FM 43 to CR 20A Council Presentation February 11, 2020 1 2 Vicinity Map SH 286N Weber Rd FM 2444 / Staples St Corpus Christi Bay Oso Creek London Schools 3 Current Transportation Plan N LEGEND Proposed Arterial Existing Arterial Proposed Collector Existing Collector The Lakes Sun George Village Kings CrossingSH 286CR 43The Promenade S. Tx. Botanical Gardens CR 20A CR 43 East Oso PkwyFM 43 / Weber Rd CR 43 West ArashDrFM 2444 (Staples St)CR 41 ( Gilead Rd) 4 Proposed Amendment TRANSPORTATION PLAN LEGEND Planned Collector Proposed Deletion FM 43 / Weber Rd CR 43CR 20A CR 43 East No Name Street N N 5 Amended Plan FM 43 / Weber Rd CR 43CR 20A CR 43 East No Name Street N LEGEND Proposed Arterial Existing Arterial Proposed Collector Existing CollectorSH 286CR 41 ( Gilead Rd) 6 HikeBikeCC –“Lakes Loop” Off Street Facility (Opportunity) LEGEND N 7 Before & After 8 Recommendation Staff, Planning Commission and Transportation Advisory Commission recommend approval of the proposed amendments: •Realign Oso Parkway out of the floodway and 100-year flood zone where possible. •Delete the duplicate north-south Collector resulting from the westward shift of Oso Parkway. •Improve the alignment of CR 43 East connection with Oso Parkway. •Connect CR 20A to Oso Parkway to complete network. DATE: January 13, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826 - 3276 CAPTION: Ordinance authorizing a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development Corporation to construct wastewater force main and lift station for a planned residential subdivision located on CR-43 with a completion date of February 28, 2022; transferring $300,000 from the Sanitary Sewer Collection Line Trust Fund and $200,000 from the 4030 Water Distribution Main Trust Fund to the Sanitary Sewer Trunk System Trust Fund; and appropriating $1,965,620.00 from the Sanitary Sewer Trunk System Trust Fund to reimburse the Developer per the agreement. (District 5) SUMMARY: Tamez Development Corporation is required to construct 2,300 linear feet of 6-inch wastewater force main line extension and wastewater lift station to the applicant’s property from the Lake’s Lift Station located north of the Oso Creek, in order to provide wastewater service for a planned residential subdivision named King’s Lake Phase 2. A wastewater masterplan amendment for the planned subdivision property was approved by Planning Commission on December 4, 2019 and was presented to and approved by City Council on January 21, 2020. The installation of the new wastewater utilities will extend service to the planned residential subdivision which includes approximately 281 acres of undeveloped property. The developer has requested a reimbursement agreement in accordance with UDC Section 8.5.2 Wastewater Trust Fund. BACKGROUND AND FINDINGS: Tamez Development Corporation plans to install approximately 2,300 linear feet of 6-inch wastewater force main line, and a new wastewater lift station, per the wastewater masterplan, in order to provide wastewater service to a planned residential subdivision that will be constructed within City limits located along CR-43, east of the Oso Creek and south of Webber Road. The property encompasses approximately 281 acres of undeveloped property and the planned subdivision build out will total approximately 800 – 1,000 single-family homes. Agreement and appropriating funds for the Tamez Development Corporation for a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for February 11, 2020 Second Reading Ordinance for February 18, 2020 The lift station and wastewater force main line will connect to the existing wastewater collection lines located in King’s Lake Drive, south of Yorktown Boulevard and west of South Oso Parkway. Additionally, the installation of the new wastewater utilities will provide wastewater servic e to the properties located in the East London Wastewater Sub Basin Service Area. Wastewater Force Main Lines and wastewater Lift Stations, that are required and comply with the wastewater master plan are eligible for reimbursement under UDC Sections 8.5.2.E.3 and 8.5.2.E.4 respectively. The Sanitary Sewer Trunk System Trust Fund is used to reimburse developers for constructing of wastewater force main lines and lift stations. Additionally, Sections 8.5.1.C.4 and 8.5.2.I of the UDC authorizes the transfer of monies from one fund to another after a public hearing, in order to reimburse the developer for projects that exceed the current balance in any single trust fund. City Council gave direction to staff at the August 13, 2019 meeting to reexamine the trust funds and to provide recommendations on policies that govern the priority, order, reimbursement rate and fees charged by the trust funds. City Council directed staff return within 75 days and present their recommendations. Due to the intensive process involved with this study, the department will not meet the 75 days as requested. The plan is to present staff’s findings to the Trust Fund Stakeholders and City Council with a tentative date of mid-February 2020. ALTERNATIVES: Based upon the current UDC language in section 8.5.2 Wastewater Trust Fund the developer requested reimbursement for the installation of a wastewater force main line and lift station that that will serve the planned subdivision and surrounding area. If the request were to be denied and the developer had to assume the costs associated with the installation of the force main line and lift station to serve the property, the project may become cost prohibitive. Another alternative is to identify the project as a capital improvement project to be constructed by the city, establish public improvement taxing district (PID), or impact fees to fund the installation of new utilities infrastructure in this area. These alternatives may delay this project in the short term but would establish a viable long-term funding option for the installation of new water and wastewater utilities infrastructure in the areas within the City and ETJ. FISCAL IMPACT: The total amount requested for the reimbursement agreement is $1,965,620.00 and as of 31 December 2019 the four trust funds have a combined available balance of $3,547,492.96. The Sanitary Sewer Trunk Main Trust Fund has a balance of $1,601,751.94 and the transfer of $300,000.00 from the Sanitary Sewer and $200,000.00 Distribution Main Trust Funds is required to meet the funding amount for this request and to meet the funding requirement for a future reimbursement agreement request from the Sanitary Sewer Trunk Main Trust Fund. The four trust funds will have a combined available balance of $1,581,872.96 after this action and will have enough funds available in each of the trust funds to meet the funding needs for the reimbursement agreement requests currently being processed. The transfer of monies from one fund to another is permitted under Sections 8.5.1.C.4 and 8.5.2.I of the Unified Development Code, with Council Approval. The expenditures for this project are a one-time cost and are not associated with any other projects. The Utility Trust Funds receive monthly deposits generated from Lot and Acreage Fees, Pro-rata Fees and Surcharge Fees that are charged during the platting process. Over time the fees collected and deposited will replenish the Trust Funds and enable other developer-initiated water infrastructure projects to be reimbursed. The trust fund balances listed are current as of November 30, 2019. Funding Detail: Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sanitary Sewer Trunk Main Trust Fund Organization/Activity: 21800 Sanitary Sewer Trunk Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sanitary Sewer Collection Line Trust Fund Organization/Activity: 21801 Sanitary Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: The request is in accordance with UDC Section 8.5.2 Wastewater Trust Fund and the wastewater masterplan. The installation of this wastewater force main and lift station will provide wastewater service to the newly annexed property and the newly installed public utilities will help foster the development of this rural area within city limits and the Corpus Christi ETJ. Staff recommends approval of the applicant’s request. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Location Map Ordinance authorizing a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development Corporation to construct wastewater force main and lift station for a planned residential subdivision located on CR-43 with a completion date of February 28, 2022; transferring $300,000 from the Sanitary Sewer Collection Line Trust Fund and $200,000 from the 4030 Water Distribution Main Trust Fund to the Sanitary Sewer Trunk System Tr ust Fund; and appropriating $1,965,620.00 from the Sanitary Sewer Trunk System Tr ust Fund to reimburse the Developer per the agreement. WHEREAS, the Developer, in lieu of submitting a plat, has submitted a Land plan which is to be platted and developed in the future, to wit: approximately 281 acres out of the South-Half of Section 6, Laureles Farm Tracts; WHEREAS, under the UDC, the Developer is responsible for construction of the wastewater force main and lift station (“Force Main and Lift Station”); WHEREAS, under the UDC, the Developer is eligible for reimbursement of the Developer's costs for the construction of Force Main and Lift Station; WHEREAS, it is to the best interest of the City that the Force Main and Lift Station be constructed to its ultimate capacity under the City’s applicable Master Plan; WHEREAS, Section 8.5.2.E.4 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Force Main and Lift Station; and WHEREAS, after a public hearing pursuant to UDC §8.5.1.C.4 & §8.5.2.I, City Council finds the transfer of $300,000 from the No. 4220-21801 from the Sanitary Sewer Collection Line Trust Fund and $200,000.00 from the No. 4030-21806 Water Distribution Man Trust Fund to the No.4220-21800 Sanitary Sewer Trunk System Trust Fund is necessary to better carry out the purposes of this Unified Development Code. 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 a Force Main and Lift Station Construction and Reimbursement Agreement (Agreement) attached hereto, with Tamez Development Corporation for the construction and installation of a 6-inch wastewater force main line and Lift Station, for the development of the future property known as Kings Lake Phase II, Corpus Christi, Texas. SECTION 2. Funding in the amount of $300,000.00 is transferred from the No. 4220-21801 Sanitary Sewer Collection Line Trust Fund to the No.4220-21800 Sanitary Sewer Trunk System Trust Fund. SECTION 3. Funding in the amount of $200,000.00 is transferred from the No. 4030-21806 Water Distribution Man Trust Fund to the No.4220-21800 Sanitary Sewer Trunk System Trust Fund. SECTION 5. Funding in the amount of $1,965,620.00 is appropriated from the No.4 220-21800 Sanitary Sewer Trunk System Trust Fund, to reimburse the Developer for the construction of a wastewater lift station and a 6-inch wastewater force main line, and construction improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter _____________ Roland Barrera ________________ Ben Molina _____________ Rudy Garza ________________ Everett Roy _____________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: ___________________ _____ ________________ Rebecca Huerta Joe McComb City Secretary Mayor City Council Presentation February 11, 2020 King’s Lake Phase 2 Reimbursement Agreement Location Map N Vicinity Map N Recommendation Approval The reimbursement request submitted by the applicant is in accordance with UDC Section 8.5.2 Wastewater Trust Fund,the Wastewater Master Plan,and the applicant has paid the required processing fee for the reimbursement agreement. Survey of Land for Subdivision N 6 DRAFT 11/14/19 DATE: January 29, 2020 TO: Peter Zanoni, City Manager FROM: Barton Bailey, Homeless & Housing Administrator bartonb@cctexas.com 361-826-3976 Emily Shafer Northrup, Homeless Outreach Coordinator emilyn@cctexas.com 361-826-3970 CAPTION: Ordinance authorizing a Type B Affordable Housing agreement with TG 110 Village at Greenwood GP, LLC in the amount of $1,250,000 for a $12.7 million dollar development with 30 affordable housing rental units out of a total of 60 multi-family, mixed income units to be paid over two years; appropriating funds in the amount of $625,000 from the Type B Affordable Housing Fund; and amending the budget. SUMMARY: The Developer has secured funding commitments totaling $11,485,884, or 90% of total estimated project costs. As a result of a 10% funding gap, the Developer is requesting $1,250,000 of Type B grant funds to construct 60 multifamily, mixed income units located at Greenwood and Frio Street. BACKGROUND AND FINDINGS: The Village at Greenwood (5992 Greenwood Dr) will be a 60 -unit multi-family, mixed income affordable, supportive housing development. Thirty (30) units or 50% of the housing stock will comply with the Type B (4B) requirements. National Affordable Housing legislation states “a rent that does not exceed 30 percent of the adjusted income of a family whose income equals 65 percent of the median income for the area, as determined by the Secretary” qualifies. Under these provisions, 30 units qualify for Type B funding. TG 110 Village at Greenwood Request for Type B Funding of $1.25 Million for a $12.7 Million Multi-Family Development AGENDA MEMORANDUM Action Item for the City Council Meeting February 11, 2020 The project will have six one-bedroom units (10%), 30 two-bedroom units (50%), and 24 three-bedroom units (40%). Three units (5%) will be handicap accessible, and two (2%) units will be designed for individuals with vision or hearing impairments. The Village at Greenwood will be accessible to major employment centers, restaurants, multiple grocery and pharmacy retail stores. The Village at Greenwood has many of the elements that a supportive housing project would have (1) providing high quality housing for residents at affordable prices to ensure stability of the low income community, (2) seven units are being rented to reside nts whose incomes are at or below 30% of the area median income which are providing housing for Corpus Christi residents who are earning at or below the poverty level, (3) the property will be providing resident services to the residents such as financial literacy, a food bank, computer training, and linking residents to community services. Village at Greenwood Income Restrictions Type # of Units % of total 60 units Market Rate 9 15 80% of Area Median Income or Below 21 35 60% of Area Median Income or Below 23 38 30% of Area Median Income of Below 7 12 Furthermore, TG 110 will set aside 30 units (50%) to be restricted for the economic life of the property as follows : 50% of Area Median Income or Below 6 10 60% of Area Median Income or Below 24 40 On January 27, 2020, the Type B Board recommended approval of $1,250,000 of Type B funds to be disbursed to TG 110 The Village at Greenwood across two fiscal years. TG 110 has secured funding commitments totaling $11,485,884, or 90% of total estimated project costs. As a result of a 10% funding gap, TG 110 is requesting $1,250,000 of Type B grant funds to construct 60 multifamily, mixed income units located at Greenwood and Frio Street. If the Developer does not spend the entire $12,735,884, on the con struction of the project, the Developer will pay back the percentage of the amount remaining applied to the Type B Fund. The Developer will retain a certificate of occupancy within a two-year maximum. ALTERNATIVES: The City could choose not to approve or decrease the amount of this agreement and TG110 would need to seek alternative funding sources. FISCAL IMPACT: In order to meet the total project cost of $12,735,884, TG 110 is requesting consideration of award of Type B Corporation Affordable Housing funds from the City of Corpus Christi for the amount of $1,250,000 which represents 10% of total estimated project costs. Staff recommendation is to distribute the award over two fiscal years: $625,000 in Year 1 and $625,000 in Year 2. The current FY 2020 Fund Balance in the Type B Affordable Housing Fund is $1,250,000 and has an annual budget allocation of $500,000. Approval of this item will decrease the FY2020 available funds to $625,000. The Salvation Army request for $500,000 in FY2020 funds is also on today’s agenda which could further deplete the fund balance of the Affordable Housing funds to $125,000. In order for the Board to award TG110 the full request of $1,250,000, the funds would need to be distributed across two years and no other Affordable Housing funds could be awarded in FY2020 or FY2021. TG110 Project Costs Project Costs Land Purchase 1,228,130 Construction Costs 8,321,717 Soft Costs 2,553,000 Financing Costs 553,037 Reserve (Contingency) 100,000 Total Costs 12,735,884 TG110 Financial Commitments Texas General Land Office (GLO) 8,185,884 Lien by Wells Fargo 3,300,000 Type B (pending approval) 1,250,000 (PENDING) Total Commitments 12,735,884 Gap if award Type B Funding 0 Funding Detail: Fund: Type B Fund 1145 Organization/Activity: 15000- Affordable Housing Mission Element: 132- Revitalize & stabilize neighborhoods Project # (CIP Only): NA Account: 251850 RECOMMENDATION: City staff recommended approval of $1,250,000 of Type B funds to be disbursed to TG 110 The Village at Greenwood across two fiscal years. TG 110 has secured funding commitments totaling $11,485,884, or 90% of total estimated project costs. As a result of a 10% funding gap, TG 110 is requesting $1,250,000 of Type B grant funds to construct 60 multifamily, mixed income units located at Greenwood and Frio Street . If the Developer does not spend the entire $12,735,884, on the construction of the project, the Developer will pay back the percentage of the amount remaining applied to the Type B Fund. The Developer will retain a certificate of occupancy within a two-year maximum. LIST OF SUPPORTING DOCUMENTS: Ordinance Type B Corporation Funding Application by TG 110 PowerPoint Presentation Agreement Page 1 of 2 Ordinance authorizing a Type B Affordable Housing agreement with TG 110 Village at Greenwood GP, LLC in the amount of $1,250,000 for a $12.7 million dollar development with 30 affordable housing rental units out of a total of 60 multi-family, mixed income units to be paid over two years; appropriating funds in the amount of $625,000 from the Type B Affordable Housing Fund; and amending the budget. Whereas, the Corpus Christi B Corporation (“Type B Corporation”) has budgeted funds for the promotion and development of affordable housing in the City of Corpus Christi, Texas ("City"). Whereas, City Council deems that it is in the best interest of the City and citizens to approve the affordable housing between the Type B Corporation and TG 110 Village at Greenwood GP, LLC for the development of 30 affordable housing units in Corpus Christi; and Whereas, the Board of the Directors of the Type B Corporation (the “Board”) approved an agreement with TG 110 Village at Greenwood GP, LLC for an incentive of up to $1,250,000 paid over two years at its meeting on January 27, 2020. Now , therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the affordable housing agreement between the Type B Corporation and TG 110 Village at Greenwood GP, LLC for the development of 30 affordable housing rental units in Corpus Christi is approved. SECTION 2. That funds in the amount of $625,000 are appropriated from the unreserved fund balance in the No. 1145 Type B Fund for the affordable housing agreement between the Type B Corporation and TG 110 Village at Greenwood GP, LLC, for the first years’ funding of the development of 30 affordable housing rental units in Corpus Christi. SECTION 3. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating Fund, is amended to increase proposed expenditures in the No. 1145 Type B Fund by $625,000 Fund for the affordable housing agreement between the Type B Corporation and TG 110 Village at Greenwood GP, LLC. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor City Council February 11th, 2020 TG 110 Villages at Greenwood Request for Funding 1 2 TG 110 is requesting $1.25 million in Type B Funds to be applied toward a $12.7 million affordable, supportive, mixed income multi-family housing development TG 110 Village at Greenwood 3 Village at Greenwood Aerial View 4 Village at Greenwood Architectural Rendering 5 Village at Greenwood Funding Details Funding Sources Texas GLO Grant $8,185,884 Permanent Lien – Wells Fargo $3,300,000 City of Corpus Christi Type B Corporation $1,250,000 Total $12,735,884 Funding Uses Land $1,228,130 Construction Costs $8,321,717 Soft Costs $2,553,000 Financing Costs $533,037 Reserves $100,000 Total $12,735,884 6 Village at Greenwood Income Restrictions GLO Restrictions – 15 Years Income Level # of Units % of Total Units Market Rate 9 15% 80% AMI or Below 21 35% 60% AMI or Below 23 38% 30% AMI or Below 7 12% Type B Compliant Units – 20 years Income Level # of Units Available % of Total Units 50% AMI or Below 6 10% 60% AMI or Below 24 40% DATE: January 28, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works/Street Operations Richardm5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Ordinance authorizing a purchase from Twincrest Technologies, of Fort Worth, Texas for the Wavetronix Radar Detection System for a total amount of $1,102,665 for Public Works/Street Operations Department to be used for traffic signal vehicle detection and funded by the Streets Fund; and amending the bu dget to appropriate $1,102,665 in Street Operation Reserves. SUMMARY: This Ordinance will allow the City to purchase this equipment to be used in signalized traffic intersections to monitor the flow of traffic and vehicle detection. BACKGROUND AND FINDINGS: Radar detection systems are the new standard for traffic signal vehicle detection. These radar detection systems will be replacing the video detection systems currently in the field that are no longer working or serviceable. Many of these older units require maintenance every two weeks to clean the camera lenses. The new radar detection system will improve traffic flow, vehicle detection, more reliable, better technology, and are not affected by weather events. This is a sole source purchase and Twincrest Technologies is the sole source contractor and direct vendor for Wavetronix products and services . There will be 53 radar detection systems purchased to replace non-functioning radar systems for 53 traffic signal locations. These systems will be installed by Street Operations Signal Technicians with updates provided by Twincrest Technologies. In addition, this is a phased approach to eventually replace all video detection systems throughout the City. Purchase of Wavetronix Radar Detection Systems for Public Works/Street Operations AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting February 11, 2020 Second Reading Ordinance for the City Council Meeting February 18, 2020 ALTERNATIVES: Public Works/Street Operations has been utilizing this system successfully since 2009. It would not be cost effective to abandon the Wavetronix program at this time due to the successful results. This program monitors the flow of traffic and vehicle detection. FISCAL IMPACT: The fiscal impact in FY 2020 for Public Works/Street Operations will be $1,102,665.00 for the one-time purchase of this equipment. Funding Detail: Fund: 1041 Streets Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 251850 Fund 1041 Fund Balance RECOMMENDATION: Staff recommends approval of the Ordinance authorizing the purchase with Twincrest Technologies for the Wavetronix Radar Detection System for Public Works/Street Operations as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance authorizing a purchase from Twincrest Technologies, of Fort Worth, Texas for the Wavetronix Radar Detection System for a total amount of $1,102,665 for Public Works/Street Operations Department to be used for traffic signal vehicle detection and funded by the Streets Fund; and amending the budget to appropriate $1,102,665 in Street Operation Reserves. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $1,102,665 from the Committed Fund Balance in Fund 1041 and amending the Fiscal Year 2020 Operating Budget adopted by Ordinance 031870 to increase expenditures. SECTION 2. The City Manager or designee is authorized to purchase the Wavetronix Radar Detection System for a total amount of $1,102,665 with Twincrest Technologies, of Fort Worth, Texas to be used for traffic signal vehicle detection. SECTION 3. Upon approval of this ordinance, funding will be available to purchase the Wavetronix Radar Detection System for the Public Works/Street Operations Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 20 20, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 20 20. ATTEST _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi Price Sheet Contracts and Procurement Purchase of Wavetronix Radar Systems Senior Buyer: Cynthia Perez Twincrest Technologies Fort Worth, Texas UNIT EXTENDED ITEM DESCRIPTION QTY.UNIT PRICE PRICE 1. Wavetronix 4 Sensor Matrix Package w/Click 650; to include 4 ea. Smartsensor Matrix Sensor, 4ea. Sensor Mounting Bracket, 4 ea. J-Box, 1 ea. Click 650 Cabinet Interface Module 53 ea. $19,245.00 $1,019,985.00 2.WX-SS-704-020, Sensor Pigtail with Molded Connector -20'212 ea.$140.00 $29,680.00 3.WX-SS-705 Wavetronix Matrix/Advanced Homerun Cable 1000'53,000 ea.$1.00 $53,000.00 TOTAL $1,102,665.00 AGEND A MEMOR ANDUM City Council Meeting of February 11, 2020 DATE: February 3, 2020 TO: Peter Zanoni, City Manager FROM: Dan Grimsbo, Executive Director of Water Utilities DanG@cctexas.com 361-826-1689 Corpus Christi Seawater Desalination Siting and Permitting Project Update STAFF PRESENTER(S): Name Title/Position Department 1. Steve Viera Assistant City Manager 2. Dan Grimsbo Executive Director of Water Utilities Water Utilities 3. Steve Ramos Water Resource Manager Water Utilities BACKGROUND: In 2014, an effort was started to evaluate potential future water supplies because of drought conditions experienced 2010-2013. A group which included Port Industry members, the Port of Corpus Christi, the Corpus Christi Regional Economic Development Corporation, the City of Corpus Christi, and the San Patricio Municipal Water District (SPMWD) was established to evaluate seawater desalination. The first four entities contributed the funding for this initial effort, and a team led by Freese and Nichols, Inc. (FNI) was selected by the group to serve as the “Owner’s Representative” for all the stakeholders. The FNI team included global, national, and state experts with desalination experience, public-private partnership expertise, and Texas/Federal permitting experience. Intensive evaluations and discussions were held over a two-year period (2014-2016) to determine the feasibility of seawater desalination as a water source and also to develop a financial and administratively viable approach. Industry partners contributed extensively by providing engineering and technical support. SPMWD and various San Patricio industrial companies were also involved throughout this process. The City then moved to the next phase of the Siting and Permitting Project. A State Water Implementation Fund for Texas (SWIFT) loan for $2.7 Million was obtained from the Texas Water Development Board in November 2017. These funds are being used for evaluating potential sites and obtaining key permits. This presentation will discuss the ongoing activity regarding the Corpus Christi Seawater Desalination Siting and Permitting Project, and will inform City Council that the W ater Rights and Discharge Waste Water applications for both the Inner Harbor and La Quinta Channel locations have been submitted to the Texas Commission on Environmental Quality, and that the SWIFT abridged (pre-application) loan application for $222,475,000 has been submitted to the Texas Water Development Board. LIST OF SUPPORTING DOCUMENTS: None