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Agenda Packet City Council - 03/28/2023
Lw,A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, March 28,2023 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor David Bendett, Rock City Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Lathaniel Trae Johnson, Junior at Moody High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-0591 Stage 1 Drought Update and Update on the Barney Davis Site Evaluation for Potential Desalination Plant- Michael Murphy, Chief Operating Officer of Corpus Christi Water. 2. 23-0599 North Beach Eco Park Update 3. 23-0593 Annual Public Health Fair on April 5, 2023 - Dr. Fauzia Khan, Public Health Director City of Corpus Christi Page 1 Printed on 3/27/2023 City Council Meeting Agenda-Final-revised March 28,2023 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. APPOINTMENT OF NEW FIRE CHIEF 4. 23-0588 Motion confirming the City Manager's appointment of Brandon Wade as Fire Chief. sponsors: City Manager's Office H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 5 - 10) Consent-Second Reading Ordinances 5. 23-0392 Case No. 0223-01 Mehran and Sepideh Vatankhah (District 1): Ordinance rezoning a property at or near 12102 Leopard Street, located along the north side of Leopard Street, east of Callicoatte Road, and south of Interstate Highway 37 (IH-37), from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. (Planning Commission and Staff recommend approval of the rezoning request from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District). sponsors: Development Services 6. 23-0485 Ordinance amending Chapter 29 of the Corpus Christi Code to replace terms that are "coterminous with the term of the appointing City Council" with definite two-year terms for Municipal Judge Appointments. sponsors: Municipal Court Committee and City Secretary's Office Consent- Contracts and Procurement 7. 23-0400 Motion authorizing a one-year supply agreement, with a one-year option, with ProForce Marketing, Inc., of Prescott, Arizona, for the purchase of City of Corpus Christi Page 2 Printed on 3/27/2023 City Council Meeting Agenda-Final-revised March 28,2023 training ammunition for the Corpus Christi Police Department in an amount not to exceed $138,270.00, and a potential total amount of$276,540.00 if the one-year option is exercised, with FY 2023 funding of$138,270.00 from the Law Enforcement Trust Fund, the Crime Control and Prevention District Fund, and the General Fund. Sponsors: Police Department and Finance &Procurement 8. 23-0367 Motion authorizing execution of a two-year service agreement with CAP Fleet Upfitters, LLC of Houston in an amount not to exceed $557,980.28, through the BuyBoard Cooperative, for the purchase and installation of parts and equipment for 30 new police vehicles, with FY2023 funding of $425,775.46 from the Fleet Equipment Replacement Fund and $132,204.82 from the Crime Control Fund. Sponsors: Asset Management Department, Police Department and Finance & Procurement Consent-First Reading Ordinances 9. 23-0432 Ordinance accepting $20,169.56 from the State of Texas - Law Enforcement Officer Standards and Education Account for training courses and training-related travel for approximately 25 full-time sworn and civilian Corpus Christi Police Department personnel; and appropriating $20,169.56 in the FY 2023 in the Police Grants Fund. Sponsors: Police Department 10. 23-0444 Ordinance authorizing the acceptance and appropriation of a $25,000 grant from the Texas Historical Commission Certified Local Government program for the Upper Westside Historic Resource Survey project with a City match of$25,000 budgeted and coming from the Development Services fund. Sponsors: Development Services K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. 22-2109 Case No. 1022-07 Arriba Development (District 1): Ordinance rezoning property at or near 10902 Interstate Highway 37, located along the north side of Interstate 37, west of Sessions Road from the "RS-6" Single-Family 6 District and the "CN-1" Neighborhood Commercial District to the "RM-1" and "RM-2" Multifamily Districts. (Planning Commission and Staff recommend denial of the rezoning request, and in lieu, approval of a change of zoning a "RS-6/SP" Single-Family 6 District with a Special Permit) (3/4 favorable vote required due to protest by surrounding owners) Sponsors: Development Services 12. 23-0459 Ordinance authorizing and approving a Substantial Amendment to the City of Corpus Christi Page 3 Printed on 3/27/2023 City Council Meeting Agenda-Final-revised March 28,2023 Corpus Christi FY2022/PY2021 Consolidated Annual Action Plan for the U.S. Department of Housing and Urban Development and approval of the Corpus Christi HOME-ARPA Allocation Plan. sponsors: Neighborhood Services M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 13 - 22) 13. 23-0590 Ordinance amending Ordinance 17150 by increasing the exemption for ad valorem taxes for all qualified homesteads from 10% to 20% of assessed value but not less than $5,000 for all qualified resident homesteads; and increasing the exemption for ad valorem taxes for persons' residence who are disabled or 65 years of age or older from $50,000 as approved by the citizens of Corpus Christi on April 4, 1987 to $62,500; Commencing Tax Year 2023. sponsors: City Manager's Office 14. 23-0589 Resolution amending City Council Policy Section 16 to reduce the number of City Council Members required to place an item on the agenda from four members to one member. sponsors: Legal Department 15. 23-0585 Resolution concurring with TXDOT'S plan to close the Power Street and Padre Street exits/ramps off US Highway 181 South and restoring Padre Street as a two-way roadway between Tancahua and Ramirez streets. sponsors: Public Works/Street Department 16. 23-0457 Motion authorizing the approval of Change Order No. 2 with Reytec, Corpus Christi, Texas, for the reconstruction of Junior Beck Road from Bear Lane to Old Brownsville Road Project, in an amount of$750,000.00 for a total amount not to exceed $5,636,738.25 with FY 2022 funding available from the Storm Water Capital Improvement Project (CIP) Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 17. 23-0236 Motion awarding a construction contract to Reytec Construction Resources, Inc., Corpus Christi, Texas, for Nueces River Raw Water Pump Station Transmission Main project in an amount of$7,421,783.00, located in Council District 1, with FY 2023 funding available from the Water Capital Fund. Sponsors: Engineering Services, Corpus Christi Water and Contracts and Procurement 18. 23-0455 Motion awarding a construction contract to JE Construction Services, LLC., Corpus Christi, Texas, for reconstruction of Trinity River Drive from FM 624 to Wood River Drive, with new asphalt pavement and utility improvements, in the amount of$1,777,485.00, located in Council District 1, with FY 2023 funding available from the Street Bond 2020, Storm Water, Water and Waste Water Funds. City of Corpus Christi Page 4 Printed on 3/27/2023 City Council Meeting Agenda-Final-revised March 28,2023 Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 19. 22-1945 Resolution authorizing a one-year supply agreement, with one option, with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for the purchase of liquid aluminum sulfate for Corpus Christi Water in an amount not to exceed $3,358,282.00 for the initial term and in an amount not to exceed $4,834,282.00 if the option is exercised, for a combined potential amount not to exceed $8,192,564.00, with FY 2023 funding of $1,760,750.00 from the Water Fund. Sponsors: Corpus Christi Water and Finance &Procurement 20. 22-1946 Resolution authorizing a one-year supply agreement, with one option, with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for the purchase of liquid ammonium sulfate for Corpus Christi Water in an amount not to exceed $790,532.00, for the initial term and in an amount not to exceed $1,144,532.00 if the option is exercised, for a combined potential amount not to exceed $1,935,064.00, with FY 2023 funding of $422,250.00 from the Water Fund. Sponsors: Corpus Christi Water and Finance &Procurement 21. 23-0061 Motion authorizing a one-year supply agreement with Univar Solutions USA, Inc., of Kent, Washington, in an amount not to exceed $270,000.00, for Hydrofluorosilicic Acid to be utilized by Corpus Christi Water, with FY 2023 funding of$75,000.00 from the Water Fund. Sponsors: Corpus Christi Water and Finance &Procurement 22. 23-0486 Ordinance appointing Jacqueline Del Llano Chapa as Presiding Judge, Mike Alaniz as Division 1 Judge, Julianna Siracusa Rivera as Division 2 Judge, David Walsh as Division 3 Judge, William Gregory "Bill" Bonilla as Division 4 Judge, and George Picha as Division 5 Judge of the Municipal Court; appointing Christopher E. Matt as part-time judge #1, Douglas K. DeFratus as part-time judge #2, William Holt Feemster as part-time judge #3, Mariana Garza as part-time judge #4, Mario A. Olivarez as part-time judge #5, Kali Guttman as part-time judge #6, Robert Reyna as part-time judge #7, and Michael White as part-time judge #8 of the Municipal Court; determining salary; providing a two year term of office; and declaring an effective date. Sponsors: Municipal Court Committee and City Secretary's Office N. BRIEFINGS: O. EXECUTIVE SESSION: (ITEMS 23 -26) 23. 23-0473 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 collective bargaining City of Corpus Christi Page 5 Printed on 3/27/2023 City Council Meeting Agenda-Final-revised March 28,2023 matters in the Agreement with the Corpus Christi Police Officers' Association, Chapters 143 and 172 of the Texas Local Government Code, other collective bargaining agreements as necessary, including potential approval in open session of matters related thereto as necessary. 24. 23-0571 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning Texas Government Code § 551.007, et seq., Texas Government Code § 551.042, et. Seq, the U.S. Constitution, Applicability and Legality of Selected Rules of Decorum, and other legal matters relating to Chapter 551 of the Texas Government Code. 25. 23-0586 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 legislation pending or contemplated in the 88th Texas Legislature and potential changes to the City's Legislative Agenda, including, but not limited to, legislation involving preservation of local decision-making authority, land use, revenue caps, debt issuance, taxation, use of rights-of-way, communication with legislators & administrative agencies, emergency service districts, navigation districts, school districts, other special districts, public health, military installations (including DEAGG Program grants), tax exemptions, air quality, utilities, appraisal appeals, economic development, school finance, transportation infrastructure, tourism and hotel occupancy tax funding, homelessness, and affordable housing. 26. 23-0587 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 parks on land owned by the City adjacent to Corpus Christi Bay, restrictions on said underlying real property, and the value of said property, and Texas Government Code § 551.072 to discuss and deliberate the value of the aforementioned areas of said real property. P. ADJOURNMENT City of Corpus Christi Page 6 Printed on 3/27/2023 0 1 iiilIIIIIIIIIIIIIIIIII Drought Outlook and Barney Davis Site Evaluation Update for Corpus Christi City Council Michael Murphy, COO March 28, 2023 Corpus Christi Water- Serving the Coastal Bend Water Restrictions and Lake Levels DROUGHT CONTINGENCY PLAN Combined storage levels of Historical combined storage Lake Corpus Christi and levels ofLakeCorpus WATER DATA DASHBOARD Choke •n Reservoir Christi and Choke Canyon Reservoir • WATER RESTRICTIONS FAGS As of 03-24-2023 41e80% HOW CAN I SAVE WATER' 50%:"later Restrichorrs hRetl above 50°b Carpus d0%Stage t-Mild Water Shortage Watdt • r Christi Water- 3er'v')r!.r-c"'o-ist 3!c7en J 30'.%Stage?-Moderate LVater Shortage:^Jatcn 20%Stage 3-Critical Water Shortage The City of Corpus Christi is under Stage 1 Water Restrictions. 0 1 Water Sources • CCW produced an average of 80 million gallons per day (MGD) last fiscal year. • Surface water resources: • Lake Texana (Mary Rhodes Pipeline). • Colorado River (Mary Rhodes Pipeline Phase II). • Nueces River. • Choke Canyon Reservoir (CCR). Lake Corpus Christi (LCC). CCW" Nueces River _ Choke Canyon Reservoir Full Capacity: , 662,821 acre-ft y a Lake Texana • - Mary Rhodes Full Capacity: 158,975 acre-ft Contract Amount: 31,440 acre-ft Drought Impact on Recharge Zones texas Surface Water Map Issued MarcM1 21.2023 Lower Colorad:-1 River Basin {� 2.96'3 Sq-M� r1O v. .r L vaca•N3f'id Waters ri River Watershed \ 2' 5.529 Sq MI '•.` � r.r e�h \� 'Nueces River in "`B"d. 11.295 5q W r C^+ ~ 1 Vr Ar ,�� IY ice• y'V��•C 1rir11 Coastal Bend Region ®�- �` f Raw Water Supply -� CCW,. Ongoing Drought in Texas Drought Impact on Texas Surface Water Map issued March 21,2023 Drought Severity Index No 0.411 d- W=Py on II'+ Dt-Drought-Mo .. r -SylpSg� -- D2-Droug¢I Severe Brazos �._ � � -Dg-OroieM-EWanie Trinity J: _- 4.y s oa-Droupn-E—Pbo N Colo Sabine - �Neches'syy..,',77--11��,,t::��,, Ric Grande San Jacinto oa oG ¢encs TI-ly q ,o 'Lavaca " mall,•-sea�acmla �o Nuecee Saa Jacialo-eraaoz smzoscoloredo Colorado-Lavaca Lavaca-Guadalupe l San Antonin-Nuec¢s Nueces-Rio Grande Drought M1bnilor Da;ase;Oevelopetl Oy Ue r wesperenmer Re xro�s.wauexyawe.aae Rus Cemiusmmrmmnamw al Drougnl Mi:igaeon Lenter:NDMC) �"'Nfn'naJwur'nbbmetm'�°'"yn"'m.�'yiwn"°n"'pae'raes"a°°"1°N'a aw'.«w+a.c.u..o�r.lx w%+++.aa�m+w+za+mma�+vu.Na.wrmox+.vnz U SODeeanmen;of Agriculture IUSDAI and .Fye..,. a n.Ae..s rw .imm.nm rm,..�.yo N¢I.+Ondl Oteanif 8 AMOsphenC AdTin:sttalion INDM) 0 National Weather Service Update Wintertime pattem E I N in"' o P / Jet Stream Persistent, Low Pressure • Amplified StormM CCW- Reservoir Outlook 'Using 2022 Consumption Data Actuals ... Average Case Simulation ... Worst Case Simulation —Worst Drought of Record Moderate Case Simulation 100 0 co u 80 Lu J Of 60 O ry Lu 40 ----- U) •�"'•••••...••�� ry LO 20 z M Q z 0 LL 2 Q 2: ;�. �, o; ;, ., �. �r� � T, Y ; , �-' s .,,, � � ba 0•a ., n...a 7N _ 1 f P s� �)^\ x y � Wg �.-1 �- � + ,'� . � s�, � � �' � �s f �' ' �.' Barney Davis Site Assessment Scope • Data evaluation. • Developing treated water quality goals. • Environmental permitting analysis at Oso Creek and Oso Bay. • Desalination facility conceptual design including flow diagrams and flow rates. • Budgeting. • Project management. • Technical memorandum. CCWW" Thank you ! Corpus Christi Water- Serving the Coastal Bend CORPUS � CHRISTI PT1./kN CC PARKS& RECREATION North Beach Eco Park City Council Briefing March 28, 2023 • North Beach Eco Park w �-" (Background) OHa F. :r PARKESS 6 RECREATION The northern end of North Beach contains thirty city-owned acres comprised of wetland habitat, grassy areas, and a popular beach. This area has played an important role as a shorebird feeding ground„ : and as a recreational amenity for residents and visitors alike. North Beach Eco Park Wetlands • North Beach Eco Park (Site Map) oRP"S CHRISTI PARKES.6 RECREATION T i tY; F• I r -d USS3 • North Beach Eco Park (Current Condition) C�oAPUs CHRISTI PAR K56 RECREATION y, I��q�mll, � ' � Ikn. y�✓ JR*- North Beach Eco Park Wetlands and Beach Existing Observation Platform • North Beach Eco Park (Public Engagement Process) C�CD F:I F-U E3 CHRISTI PAR K56 RECREATION During the public engagement phase, the City conducted two surveys, a meeting with experts and residents, a land management experts roundtable, and a public community design workshop. Which of the following features would you like to see in i the proposed Eco Park planning area?(Select up to 5) e4- 60.00% X0.00^6 60.00% 50M% 40M% 30.00% 20.00% 10.00% ,¢a aee aaa ,Oc a`S�Qr \,°o ace¢ Q�a, a`cQ5 QJ.p� `�a� Qata�al•6 ac\y¢ �,«i O` Qa ��` v° � o P ro rs e� 'pego a°a r° ep NO, `r� @ t c � c�Q\a O aJt¢�o�Qidbili , `r¢a¢ eF�J ``Oc\c 9tte ¢ to �, Q•�• L et¢a .1` Q¢` Q•e 5 • North Beach Eco Park (Public Engagement Process) oRPUS CHRISTI PAR KSS. RECREATION Visions for the Park ;An environmentally healthy park popular not just for locals but an inspiration for other areas." "Clean, walkable,attractive area--a model park for Corpus Christi!" 'A mixture of residential and tourist type amenities." 'A safe,comfortable,educational and inspirational place in our community." 'A calm environment with separate areas for children's and adult activities,or Exploro torium for kids, preservation o some of the'funky'feel of the area.' "Clean and beautiful preserved nature for people to visit and play. Trails to walk and bike and a shelter for birds." "Easy access. Well maintained.Benches for sitting.Green space." ;Areas where one can sit and enjoy nature's diversity,as well as areas for active play and exercise." 6 North Beach << q Eco Park 6i� ■u.■ .. ...__ ,• �_,...„,.,�,.,, 1-1 1 (Design Concept) PARKS6 snr RECREATION • Concept 2 was identified as the preferred option. The final plan is based on public feedback and the guidelines and recommendations made by the experts consulted includes the following defining i Q elements: Restored wetland habitat •• � Multipurpose pavilion Boardwalks Shade structures Trails -"„ Traffic accommodations for Timon Blvd Observation tower ■ r. North Beach Eco Park Plan Vegetative buffer along US 181 • �`� °� Living shoreline and oyster reefs • North Beach Eco Park - ' (Next Steps) � -/ coRPus CHRISTI PAR K56 RECREATION Design Phase The Parks and Recreation Department (PARD) in collaboration with Contracts and Procurement (CAP) and Engineering Services Department (ES) have developed a Request for Qualifications (RFQ) to select a firm that is interested and qualified to provide professional architectural services for the FY 2023 Capital Improvement Program (CIP) and Bond 2022 projects, North Beach Eco Pork being one of them. RFQ Schedule: Qualifications & Interviews — late March 2023 Final Scores — April 2023 Contract for City Council Approval — May 2023 CORPUS � CHRISTI PT1./kN CC PARKS& RECREATION North Beach Eco Park City Council Briefing March 28, 2023 Corpus Christi-Nueces County Public Health District "Tour YOUR Health District" Annual Public Health Fair "Tour • PublicAnnual , • The event will take place on Wednesday, April 5, from 12:00 p.m. to 7:00 p.m. - - "TOUR HEALTH DISTRICT" • The event will showcase our programs, give individuals the ANNUAL PUBLIC HEALTH FAIR opportunity to receive health screenings and provide a copy of the Wednesday,April 5,12:00 p.m.-7:00 p.m. new Community Resource Guide. CarpusChristi-NueaesCounty publi=Health District 1702 Horne Road,Corpus Christi,TX,78416 No Gast preventative health servi—: Fre.Ride Fare with CCRTAI e Ithsare s -16 w w.xn wine. oad I—,. n gauc d edmi.and cn,idre.` Coon»ling , �2 (- t;,,, Basket Raffles every hour! "Tour YOUR • Individuals attending the health fair will be able to receive a guided tour f • Learn about our services within the Public Health District. • No cost health screenings, immunizations for COVID-19 and flu, and Wellness counseling will be available. i • For residents to have access to the health fair, partnership \` u. with CCRTA will be providing ride fare-free. • Any rider who says they are going or coming from the Health Fair will ride for free. e_ �� -7 Community • • What's Inside 7A� ¢ ,' + VN / 2 Healthcare Centers/Clinics 4 Work Programs 5 Housing/Shelter Services • At the health fair, we will be giving out a copy of the new Community Resource Guide. r. ,^YQENz 6 Medication Assistance F r� ��.`'. s la.. _'' 6 substance Abuse Recovery • Guide contains 11- pages of helpful �.i Services resources COMMUNITY 7 Mental Health Services RESOURCE GUIDE 8 Food,Laundry,&Shower Services Your guideto local clinics,social services,and more! 9 Rent and Utilities Assistance MTM�ie 1702 CITY-COUNTY HEALTH CENTER ,SUS G� 011 h AGENDA MEMORANDUM CORPOR I Action item for the City Council Meeting of March 28, 2023 1852 DATE: March 22, 2023 TO: Peter Zanoni, City Manager FROM: Michael Rodriguez, Deputy City Manager michaelrod@cctexas.com 361-826-3732 Motion Confirming Brandon Wade as Fire Chief CAPTION: Motion confirming the City Manager's appointment of Brandon Wade as Fire Chief. SUMMARY: Council confirmation of the Chief of Fire after appointment by the City Manager is required under Texas Local Government Code Chapter 143 Section 143.013 BACKGROUND AND FINDINGS: Brandon Wade has been appointed by the City Manager to hold the office of Chief of Fire. ALTERNATIVES: Do not confirm Brandon Wade as the Chief of Fire. FISCAL IMPACT: There is no fiscal impact at this time. RECOMMENDATION: Confirm Brandon Wade as Chief of Fire. LIST OF SUPPORTING DOCUMENTS: Resume — Brandon Wade Brandon L. Wade 1758 Oak Glen,New Braunfels,TX 78132 Phone (210) 380-1978 (c) Email:Brandonlwade0l@gmail.com AN ESTABLISHED STRATEGIC LEADER EXPERIENCED IN SOLVING COMPLEX PROBLEMS AND BUILDING HIGHLY EFFICIENT AND EFFECT TEAMS AUSTINFIRE DEPARTMENT. City ofAustin. Texas 1998-Present ASSISTANT FIRE CHIEF-EXECUTIVE TEAM 2019-Present ➢ Chief of Emergency Operations 2020-Present o Responsible for strategic planning and fiscal management of an annual division- operating budget of approximately$145.5 million. o Directing the fire suppression and medical response division,which includes more than 900 uniformed personnel who serve on 73 fire response units at 51 fire stations across the city. o Responsible for regional coordination of automatic aid with 16 different fire agencies for a standardized fire and medical response o Representing the organization on the Capital Council of Government Homeland Security Task Force Committee for regional response in a 10-county region and grant allocation for homeland security response o Representing the department as the senior executive for fire on the City of Austin's Cross Department Homeless Committee,which included leading the city on developing a unified-command structure for improved efficiency and effectiveness in utilizing city funds and prioritization of encampment cleanup o Coordinated all response modifications and staffing for the global pandemic of Covid-19. Developed operating procedures for the month's long civil unrest that took place in the City of Austin. Managed the response for Winter Storm Uri which AFD responded to a record number of incidents during a few days' time. ➢ Chief of Logistics, Facilities & Fleet 2020-Present o Responsible for strategic planning and fiscal management of an annual division- operating budget of approximately$5 million. o Oversee the construction projects for new fire stations,which in the past three years have completed construction on three fire stations and beginning on the fourth station. Currently in design phase of fifth station. o Responsible for current major renovation projects to upgrade current fire station for gender equity and firefighter wellness. Project management budget for each station ranges from $800,000 to $7 million. o Manage the operating fleet for the entire organization with over 350 vehicles across all divisions. o Responsible for all equipment purchased and placed on apparatus and logistics cache for operations. o Supervise the Air shops section for maintenance,new purchases,and compliance for the most critical piece of firefighter protection equipment. ➢ Chief of Homeland Security/Special Operations 2019-2020 o Managed the 16-discipline special operations response within the department to include hazardous materials, technical rescue, and water rescue. o Managed the homeland security and intelligence responsibilities with personnel assigned to the FBI's Joint Terrorism Task Force and Austin Regional Intelligence Center/State Fusion Center. o Oversaw the special operations yearly training program and certification program for the division. o Responsible for strategic planning and fiscal management of an annual divisions staff, training, and equipment operating budget of approximately$1.7 million. ➢ Chief of Airport Operations 2019-2020 o Managed the Aircraft Rescue Station and responsible for the compliance of FFA standards. o Developed a strong working relationship with the Austin-Bergstrom International Airport to ensure safe and efficient operations for all aspects of passenger travel, within the terminals and during aircraft movement. o Responsible for strategic planning and fiscal management of an annual division- operating budget of approximately$14 million. ➢ Chief of Wildfire 2019-2020 o Managed the coordination of the city's overall wildfire management plan across landowning city departments. o Successfully helped implement, along with Fire Prevention the Wildland Urban Interface (WUI) Fire Code for new development and construction in the WUI regions of the city. o Lead the department's wildfire mitigation efforts and training plan for the department. o Oversaw the wildfire community outreach which included 20 Fire Wise communities and coordination of the Community Wildfire Protection Plan o Responsible for strategic planning and fiscal management of an annual division- operating budget of approximately$3.6 million. ➢ Chief of Communications and Dispatch 2019-2020 o Managed the dispatching responsibilities and 911 call takers for the department to ensure an effective response is appropriately dispatched to emergencies in the city. o Ensured the department's integration with the Greater Austin Travis County Emergency Radio System continued to meet the demands of emergency response and special events command. o Responsible for strategic planning and fiscal management of an annual division- operating budget of approximately$6.6 million. DJUSIONFIRE CHIEF-EXECUTIVE TEAM 2017-2019 ➢ Homeland Security/Special Operations/Airport Operations 2018-2019 o Directly responsible for strategic planning and fiscal management of an annual divisions staff, training,and equipment operating budget of approximately$15.7 million o Directly supervised the 16 disciplines within special operations response to include but not limited to hazardous materials, technical rescue, and water rescue. o Managed the homeland security and intelligence responsibilities with personnel assigned to the FBI's Joint Terrorism Task Force and Austin Regional Intelligence Center/State Fusion Center. o Oversaw the Special Operations yearly training program and certification program for the division. o Managed the Aircraft Rescue Station and responsible for the compliance of FFA standards. o Developed an intimate working relationship with the Austin-Bergstrom International Airport Operations Director to ensure safe and efficient operations for all aspects of passenger travel and employees,within the terminals and during aircraft movement. o Served as the lead for the coordination of the first full City of Austin boil water notice and lead the coordination of water distribution for the city. ➢ Education Services / Medical Operations/Recruiting 2017-2018 o Responsible for the strategic planning and management of$2.9 million operating budget. o Coordinated all cadet training for the department. o Lead the division in the first ever cadet class in which AFD merged a county fire emergency service district's firefighters within the ranks of the organization. o Was responsible for the development of continuing education professional development for the department. o Managed the inter-local agreement between the department and Austin Community College (ACC) for the department's college credits for training and professional development. This included an established reimbursement program for state training hours from ACC. o Successfully managed the organization in a complete automatic defibrillator change out and new purchase. o Oversaw the recruitment process to achieve the goal of increased diversity within the organization. BATTALION FIRE CHIEF 2013-2017 ➢ Special Operations Battalion 6 2017-2017 o Directly supervised the emergency response for special operations battalion. o Managed the training plan for the battalion to include initial certification and continuing education ➢ High-rise Battalion 1 2016-2017 o Directly supervised the emergency response for high-rise battalion. o Managed the training plan for the battalion to continuing education for high-rise response ➢ Battalion 5 2016 o Directly supervised the emergency response for the battalion. ➢ Education Services and Training 2013 - 2016 o Directly responsible for the management of$2.9 million operating budget. o Coordinated all cadet training for the department. o Lead the division in reestablishment of the cadet academy program after the Department of Justice Consent Decree directive. o Was responsible for the development of continuing education professional development for the department. o Managed the inter-local agreement between the department and Austin Community College (ACC)for the department's college credits for training and professional development. This included an established reimbursement program for state training hours from ACC. Captain,Lieutenant, Fire Specialist, & Firefighter responsibilities available on request 1998-2008 EDUCATION Bachelor of Applied Science,Emergency Management Administration,West Texas A&M,Canyon Texas,2020 Associate of Applied Science,Fire Science,San Antonio College,San Antonio,Texas,2005 TRAINING AND CERTIFICATIONS Advanced Security Training Institute Counter Terrorism Immersion Training Course -Israel Texas Commission on Fire Protection • Master Firefighter • Fire Officer 4 • Incident Commander • Fire Instructor 3 Master • Fire Inspector • Safety Officer • Hazardous Material Technician • Driver Operator • Wildland Firefighter 2 Austin Police Department Executive Leadership Academy Active Attack Integrated Response Train the Trainer FEMA Urban Search&Rescue Task Force Leader Course FEMA Urban Search&Rescue Task Force Safety Officer Course Structural Collapse Technician 1&2 Rope Rescue Technician 1&2 Confined Space Technician Swift Water Technician Wide Area Search SELECT MEMBERSHIPS & SPECIAL EVENT EXPERIENCE Chair - Capitol Area Council of Governments Homeland Security Task Force Chair—Regional Response Sub-Committee Capital Area Council of Governments Safety Officer-FEMA Urban Search and Rescue: Texas A&M Task Force 1: • Rescue Squad Office 2013-2021 —Deployment to disaster across the State of Texas and Louisiana Member- Capital Area Fire Chiefs Association Member-International Association of Fire Chiefs Member-Emergency Management Association of Texas Member-Austin Firefighters Association Local 975 Member-Auxiliary to Local 975 Unified Command—South by Southwest Conference (multiple years) Unified Command—Austin City Limits Music Festival (multiple years) Unified Command—F1 Race COTA (multiple years) Unified Command—Capitol Protest at State Department Operations Center Unified Command—University of Texas Football (multiple years) Unified Command—Hurricane Evacuee Operation (Austin Center) SELECT PRESENTATIONS: 2021 Fire-Dex Podcast: Presenter on Fire Department Response during Civil Unrest 2019 Fire as a Weapon Conference—Co-Sponsor/Organizer&Presenter: Lessons Learned from Israel Response to Fire as a Weapon 2018 Fire Apparatus Manufacture Association / Fire Emergency Manufacturers and Service Association Speaker and Fire Chiefs Panel on Firefighter Life Safety 2018 2017 Texas A&M Engineering Extension Service Leadership Development Symposium: • Featured Speaker 2015,2016/ Inaugural Command Chat Presenter 2017 2017/2016 Fire House World San Diego: 2016,2017 2017 Fire Department Instructor Conference Indianapolis: 2017 2017 Fort Worth Fire Department Cadet Graduation Keynote Speaker: 2017 2016 Austin South by Southwest Educational Conference: Co-speaker Disaster Preparedness for Schools 2010-2012 Homeland Security Exercise Evaluation Program Instructor: 2010-2012 DEVELOPMENT OF AUSTIN FIRE DEPARTMENT PROGRAMS: Active Attack Response Protocols: Collaborated with local and state agencies to achieve a unified response to active attack / active threat to include pre-staged Rescue Task Force for immediate response to violent incident during planned events. Austin Fire Department Leadership Course MandatoQv Added Time Program for Operations Staffing Fire Ground Officer College: 8-day course designed to develop fire ground officers with skills and abilities to make critical decision on incident scenes. Cadet Performance Percentile Scale: An analytical tool designed to assist in the evaluation of cadets during skills testing. AWARDS AFD Medal of Honor: The highest award in the Austin Fire Department and currently the only active Austin Fire Department member with the medal. AFD Medal of Merit AFD Phoenix Award:Multiple AFD Meritorious Service AFD Campaign Citations AFD Distinguished Service Award Firehouse Magazine Heroism Award Winner Veterans of Foreign Wars Heroism Award Winner Multiple Unit Citations ,muS c� �o 0 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 21, 2023 "czress2`o Second Reading for the City Council Meeting of March 28, 2023 DATE: March 21 , 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning for a Property at or near 12102 Leopard Street CAPTION: Case No. 0223-01 Mehran and Sepideh Vatankhah (District 1): Ordinance rezoning a property at or near 12102 Leopard Street from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. PURPOSE: To allow for the construction of a Dollar General retail store. BACKGROUND AND FINDINGS: The subject property is a 5.07-acre parcel in the northwest area, bounded at the north by Interstate Highway 37 (IH-37), at the south by Leopard Street (a secondary arterial), and situated west of Callicoatte Road (a primary arterial). East of the site, the abutting properties are zoned "CG-2" General Commercial and "RS-6" Single-Family 6 with Public/Semi-Public and Medium-Density Residential uses with a vacant parcel. To the west, properties are zoned "CG-2" General Commercial and "RS-6" Single-Family 6 Residential with Commercial and Low-Density Residential use. South of the site is a "RS-6" Single-Family 6 subdivision and a "CG-2" General Commercial property with a commercial use. The applicant is proposing a 10,640-square-foot, single-story, Dollar General retail store. It will be located along Leopard Street, at the southern portion of the 5.07-Acre parcel. It will operate between the hours of 07:00 AM and 09:00 PM, seven days per week, and will have approximately 6 employees. Typical uses allowed in the CG-2 zoning district are apartments, restaurants, retail and service, offices, bars, mini-storage, vehicle sales and repair, and car wash. The proposed rezoning is consistent with the City of Corpus Christi Comprehensive Plan and the Northwest Area Development Plan. It is, however, inconsistent with the Future Land Use Map's designation of a Medium-Density Residential use. The proposed development is appropriately sited, compatible with the adjacent uses, and addresses locational needs. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposed approval of the change of zoning. ALTERNATIVES: 1 . Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on February 8, 2023. Vote Count.- For: ount:For: 7 Vacant: 2 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0223-01, Mehran and Sepideh Vatankhah (District 1): Ordinance rezoning a property at or near 12102 Leopard Street from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. Providing for a penalty not to exceed $2,000 and publication. 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 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 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 being 5.07 Acres out of Tract 12, Harney Partition, as described and shown in Exhibit "A": From the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. The subject property is located at or near 12102 Leopard Street. Exhibit "A", a metes and bounds description of the subject property, is 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. 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 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 5 Exhibit A JOHN COWAN & ASSOCIATES, INC. REGISTERED PROFESSIONAL LAND SURVEYORS SINCE 1946 FIRM REGISTRATION NO: 10 1 47 CR 1 35 903.58 1.2238 10025500 FLINT,TEXAS 75762 TXSURVEYS.COM FIELD NOTES FOR THE OVERLAND GROUP Gregorio Farias Survey,Abstract No.592 Nueces County,Texas All that certain lot,tract,or parcel of land,being part of the Gregorio Farias Survey,Abstract No.592, Nueces County,Texas,and being part of Share No. 12 of the Partition of the Estate of John B. Harney as shown by plat of same recorded in Volume 6,Page 29 of the Map Records of Nueces County,Texas,and being all of that certain called 5.07 acre tract described in a deed from the Estate of Jimmy C.Adair to Mehran Vatankhah and Sepideh Vatankhah on August 12, 2014,recorded in Document No.2014032130 of the Official Public Records of Nueces County, Texas,and being more completely described as follows,to-wit: BEGINNING at a 1"iron pipe(found)for the South corner of the above mentioned 5.07 acre tract,the West corner of the James E. Brook VFW Post 3837 2.0585 acre tract described in Document No. 19920000837463,in the Southeast line ofthe above mentioned Share No. 12, the Northwest line of Share No. 11,in the Northeast right of way of State Highway Spur No.407 (Leopard Street); THENCE North 57 deg. 18 min.26 sec.West with the Northeast right of way of State Highway Spur No.407,the Southwest line of the 5.07 acre tract,a distance of 445.61 ft.to 1"iron pipe (found)for the West corner of same,the Northwest line of Share no. 12; THENCE North 36 deg. 16 min.05 sec. East with the Northwest line of the 5.07 acre tract,the Northwest line of Share No. 12,at 38.59 ft.pass a 5/8"iron rod(found)for the South corner of Lot 1,Block 5 of Fallin's Riverside Subdivision as shown by plat of same recorded in Volume 30, Page 59,at 237.11 ft. pass 5/8"iron rod (found)for the East corner of same,the South corner of Lot 2, Block 5 of Fallins Riverside Subdivision,as shown by plat of same recorded in Volume 46, Page 113,and continue a total distance of 432.10 ft.to concrete monument(found)for the North corner of the 5.07 acre tract,in the Southwest right of way of Interstate Highway No.37; THENCE southeasterly with the Southwest right of way of Interstate Highway No.37,the Northeast line of the 5.07 acre tract,South 73 deg. 10 min.55 sec.East a distance of 312.11 ft. to a concrete monument(found)for corner and South 68 deg.49 min.34 sec. East a distance of 159.99 ft.to a W'iron rod (found)for the East corner of the 5.07 acre tract,the North corner of the River View at Calallen,LP 5.865 acre tract described in Document No.2016003733,in the Southeast line of Share No. 12,the Northwest line of Share No. 11; Page 4 of 5 THENCE South 36 deg.41 min. 15 sec.West with the Northwest line of Share No. 11,the Southeast line of Share No. 12, Northwest line of the 5.865 acre tract,the Northwest line of the James E. Brooks Post 3837 0.500 acre tract recorded in Document No. 1999021349,at 177.04 ft.pass a 5/8"iron rod (found)for the North corner of same,at and continue a total distance of 549.92 ft.to the place of beginning,containing 5.075 acres of land. Bearing oriented to Grid North of the Texas State Plane Coordinate System,NAD83,South Zone 4205. Plat accompanies field notes. I, PHILIP W. CORNETT, Registered Professional Land Surveyor No.5515,do hereby certify that the above field notes were prepared from an actual survey made on the ground under my direction and supervision. A dAND AND SEAL,this the 21St day of December,2022. T 5 ......F+ cc'`sTonal Land Surveyor No.5515 co_ T22-175 5.075 acres pHIt�P SU9 Page 5 of 5 ZONING REPORT Case # 0223-01 Applicant & Subject Property City Council District: 1 Owner: Mehran and Sepideh Vatankah Applicant: DGOGCorpuschristi09212022 LLC Address: 12102 Leopard Street, located along the north side of Leopard Street, east of Callicoatte Road, and South of Interstate Highway 37. Legal Description: 5.07 Acres out of Tract 12, Harney Partition Acreage of Subject Property: 5.07 Acres Pre-Submission Meeting: December 8, 2022 Zoning Request From: "RS-6" Single-Family 6 District To: "CG-2" General Commercial District Purpose of Request: To allow for a commercial development (Dollar General retail store). Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant Medium-Density Residential North Expressway (IH-37) Transportation Transportation South "RS-6" Single-Family 6, Medium-Density Low-Density Residential "RS-TF" Two-Family Residential, Commercial Vacant, Commercial, Commercial, Government, "RS-6" Single-Family 6, Public/Semi-Public, and East "CG-2" General Commercial Medium-Density and Medium-Density Residential Residential Low-Density Residential, Low-Density Residential, West "CG-2" General Commercial Commercial Commercial, Medium- Density Residential Plat Status: The property is not platted. A plat application has been submitted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None Code Violations: None Transportation and Circulation for Leopard Street' Designation-Urban Section Proposed' Section Existing Street Leopard Street "A2" Secondary 4 Lanes, 4 Lanes, Arterial (Divided) Median, Median & Ctr Turning Lane 100 Feet Approx. 160+ feet Trans it2: The Corpus Christi RTA provides service to the subject property via Bus Route 27 Leopard and Bus Route 50 Calallen/NAS Express along Leopard Street. Route 27's stops are located about a half-mile north of the site near Callicoatte Road, and a mile south near Western Drive inbound and outbound. Bus Route 50 Calallen/NAS Express's stop is One mile and a half north of the site. Bicycle Mobility Plana: The subject property is approximately a mile away from a proposed Bike CC Mobility infrastructure on Hearn Road that intermittently transitions into a one-way Cycle track, a bike boulevard, and an Off-Road Multi-Use Trail. City of Corpus Christi Urban Transportation Plan, 2 Corpus Christi Regional Transportation Authority, 3 Strategic Plan for Active Mobility Utilities Gas: An 8-inch WS gas line along the north side of Leopard Street. Stormwater: There are multiple pipes. An 18-inch RCP and a 42-inch RCP along the south side of Leopard Street. At the northeast corner of the lot, there is a 24-inch RCP pipe owned/maintained by TXDOT. Wastewater: An 8-inch clay pipe along the south side of Leopard Street. Water: There are multiple pipes. A 6-inch and 8-inch ACP, 6-inch PVC, and a 48-inch SP along the south side of Leopard Street, and a 30-inch CIP pipe along the north side of Leopard Street. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Northwest Development Plan (Adopted on January 9, 2001). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 15 within a 200-foot notification area • 3 outside 200-foot notification area In Opposition • 0 inside the notification area • 0 inside the notification area • 0% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: February 8, 2023 City Council 1St Reading/Public Hearing Date: March 21 , 2023 City Council 2nd Reading Date: March 28, 2023 Zoning Report Page 3 Background: The subject property is a 5.07-acre parcel in the northwest area, bounded at the north by Interstate Highway 37 (IH-37), at the south by Leopard Street (a secondary arterial), and situated west of Callicoatte Road (a primary arterial). The proposed development is a 10,640-square-foot, single-story, Dollar General retail store. The store will be located on a 1.76-acre parcel, southernmost of the lot, out of the 5.07 acres requested for rezoning. The remainder of the site will be vacant per the applicant. The operation hours will be between the hours of 07:00 AM and 09:00 PM, seven days per week, and will have approximately 6 employees. Neighborhood commercial uses, residential uses of varying density (with the less dense ones at the eastern extremity of the block), and a few vacant lots characterize the block. Similar uses can be noted beyond with limited general commercial uses, and smaller residential lots. The uses immediately adjacent to the site include a 3-story apartment complex, the VFW (Veteran of Foreign Wars) office, a Single-Family lot, and a couple vacant ones. The commercial uses are located on "CG-2" General Commercial zoned lots. Comprehensive Plan Consistency: • Plan CC: o The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: ■ Future Land Use, Zoning, and Urban Design • Encourage orderly growth of new residential, commercial, and industrial areas. • 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 Map (FLUM): o The proposed rezoning is inconsistent with the designated Future Land Use. ■ Designated Future Land Use: Medium-Density Residential. • Area Development Plan (ADP): o The proposed rezoning is consistent with the following policy statements: ■ The most appropriate locations for commercial development of small scale for convenience shopping are at arterial or arterial intersections with commercial uses concentrated at the major intersections of arterials. • The Northwest area (immediately south of the Nueces River, west of Rand Morgan Road, and north of State Highway 44) is underserved" by grocery stores and convenience shops. • Only two grocers are serving the area. Both are located closer to the edge of the northwest area and exceed a half-mile travel distance for some neighborhoods. o H-E-B is over a mile south of the site. o Walmart Superstore is two miles north of the site. • A Dollar General retail store can help bridge the gap. ■ The expansion of commercial development along any arterial street should be planned and zoned so that the traffic carrying capacity of the street is protected. The plan recognizes the many existing commercial uses located along Leopard Street and other arterial streets and calls for their continuance. Every available means should be used to manage traffic flow/access to protect the City's investment in an efficient transportation system. • Leopard Street is a 160-Foot Four-Lane-arterial with a median/center turning lane. It is the commercial corridor for the area and is zoned predominantly "CG-2" General Commercial, specifically east of Violet Road and west of US-77/Union Pacific. • West of Violet Road and east of US-77/Union Pacific, Leopard consists of nodal commercial developments with varying residential uses. The ones on large lots are particular to the block. The south side of Leopard Street is mostly lined with "RS-6" residential subdivisions and a few commercial uses on smaller lots. Most of them are neighborhood commercial uses in nature. • The tallest structures are the adjacent three-story apartment complex along the north side of Leopard Street and the two-story along its south side. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: o The proposed rezoning is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. o The proposed rezoning is inconsistent with the Future Land Use Map (FLUM) and will warrant a change to the map. o The Future Land Use Map (FLUM) designates a Medium-Density Residential use (RS-6 to RS-TF Districts), however, the adjacent lots are zoned "CG-2" General Commercial. o The Future Land Use Element of the City of Corpus Christi Comprehensive Plan encourages appropriate transitions between residential and commercial uses and the abutting parcels are subject to more intense commercial developments in the future due to their "CG-2" General Commercial designation. o The proposed rezoning is consistent with many policy statements of the Northwest Area Development Plan (ADP). o The Northwest Area Development Plan (ADP) finds this type of development desirable to serve the outlying areas of the plan. The City of Corpus Christi Comprehensive Plan recommends so as well. Such developments are a necessity and can serve residents and workers of the neighborhoods in the area. ■ Dollar General is one of very few convenience shops that have started to introduce fresh produce into their stores. Zoning Report Page 5 o Staff does not foresee any adverse effects on adjoining properties. It is compatible with the surrounding uses, neighborhood's character, and addresses locational needs. o The proposed development is appropriately sited between an interstate highway and arterial, and within 500 Feet of the Callicoatte Road/Leopard Street intersection per the nodal approach. o East of the site is a banking center, and VFW (Veterans of Foreign Wars) office west on large lots. The adjoining residential lot contains a three-story apartment complex. The City of Corpus Christi Comprehensive Plan recommends placement of high-density residential developments in proximity to commercial uses. o Leopard Street is the commercial corridor for the northwest area. o Both Walmart and H-E-B are closer to the northwest area's edges. While not a grocery store, a Dollar General can certainly help those with limited or no access to a vehicle. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Staff and Planning Commission Recommendation (February 8, 2023): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. Attachment: Attachment A: Existing Zoning and Notice Area map. ATTACHMENT A: EXISTING ZONING AND NOTICE AREA CG- 1 cq< 1 ly3� Y R�Mly gC�FssRQ CALLICOA ly 3> r 3j�MA _�7ET0Iy3j�MP 1 RS-6 12 CG- 11 CG-2 10 /Rj � 16 SUBJECT PROPERTY IRS 14 13 9 15 CG-2 o� s 6 gRQs 5 T BOJ 'y0/y 4 c°yTR< 3 2 RS- TF CG- CASE: 0223-09 N Zoning and notice Area S. RM-1 Multifamily t IL Light Industrial RM-2 Multifamil 2 y IH Heavy Industrial � RM-3 Multifamily3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 \ RM-AT Multifamily AT RS-6 Single-Family 6 ~ CN-1 Neighborhood Commercial RS-4.6 Single-Family4.5 - CN-2 Neighborhood Commercial RS-TF Two-Family .., CR-1 Resort Commercial ' RS-15 Single-Family4lhyy BBIFltad. CR-2 Resort Commercial RE Residential Estate te CG-1 General Commercial RS-TM Townhouse dQ r CG-2 General Commercial SP Special Permit SUBJECT s�laltNf/ t� !I' CI Intensive Commercial T CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY r0 RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Over ay @ ® M ZJy BP Business Park ,p S C 9 subject aropexy Oowners .i...�: �• � Y wifh 200'b0er in favor LL -R 4 City Of Esri,HERE q oet �rnm emit sfabo� epp. Corpus LOCATION erc n downersiNp lebie XFnopposfilon l T� Christi 1 Zoning Case 0223-01 �a Mehran & Sepideh Vatankhah DISTRICT 1 Rezoning for a property at or near �3jFw �" ��'IN3> 3jA��FRo 12102 Leopard Street E)SIH 37 SMP From "RS-6" }O "CG-2"V-2H ll �I lJ c�pp ppl1y�pp22 rtea.5� f��^P @7L�N1LSl�iO X71. + A'a thw �� trsl Hi .: ■\ n l PROPERW r< SUBJECTS �ae�uno ttrrrf PROPERTY a Y � I oo- Cltp of - s CotPLls Robstovm E HERE, LOCATION MAP FOpq , C' 111'i Cti ti��rR( City Council ` March 21, 2023 Zoning and Land Use DG-1 Proposed Use: e�OMjh3>,ACCS RO Commercial Development (Dollar General retail store) CA((ICOAT/F 3J� SMP �I"37 RA Area Development Plan: Northwest (Adopted January 9, 2001) CG-2 RS-6 Future Land Use Map: Medium-Density Residential CG-2 Existing Zoning: ,mop a ®4124/ 94 "RS-6" Single-Family 6 District RS-6 Adjacent Land Uses: • North: Transportation (Interstate Highway 37) • South: Low-Density Residential • East: Vacant, Commercial, Public/Semi-Public, and CG-2 Medium-Density Residential ���� F 9®19h319 West: Low-Density Residential and Commercial C' h ��J tia�F N yT R RS-TF t CG- Leopard Street Corridor: East of Callicoatte Road 0 NEIGHBORHOOD COMMERCIAL USES sr •'m.� �� � �'- �. � h1 a�q nReiro .,se CG-2 . SITE • A C -2 240 01 fi0237.855 Degrees t44F; .d-,.64�-�-^'\ 90 _ aa�f�t _ LFXY3 SUBJECT� . .- � �• ' •r Adjacent Grocery Stores SUPERSTORE • ! �`'A x _. � ir. Ivy' 1694 77 m _ .. ,.rte _ •� s Y 4 _ Public Notification 15 Notices mailed inside 200' buffer 3 Notice(s) mailed outside 200' buffer CG-1 ty !ti;�e�oMry 3jgccH�RO CgtUCOq�T �3)Rvl' 3j�MP IH 3 �lip Notification Area RS-6 CG Opposed: 0 (0.00%) 11 Separate Opposed Owners: 0 CG-2 10 16 o �e RS-6 14 In Favor: 0 (0.00%) 3 15 CG-2 O� ti�ES' I�opgRO *Notified property owner's land in SQF/Total square o�fiP do sr footage of all property in the notification area Percentage of public opposition. Itl RS-TF CG- Staff Analysis And Recommendation o The proposed rezoning is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. o The proposed rezoning is inconsistent with the Future Land Use Map (FLUM) and will warrant a change to the map. o The Future Land Use Map (FLUM) designates a Medium-Density Residential use (RS-6 to RS-TF Districts), however the abutting zoning district is "CG-2" General Commercial. o The Future Land Use Element of the City of Corpus Christi Comprehensive Plan encourages appropriate transitions between residential and commercial uses and the abutting parcels are subject to more intense commercial uses in the future due to their zoning designation. o The proposed rezoning is consistent with many policy statements of the Northwest Area Development Plan (ADP). o The Northwest Area Development Plan (ADP) finds this type of development desirable to serve the outlying areas of the plan. The City of Corpus Christi Comprehensive Plan recommends so as well. Such developments are a necessity and can serve residents and workers of the neighborhoods in the area. ■ The development is in an area that is underserved by grocery stores and convenience shops. Dollar General is one of very few convenience shops that have started to introduce fresh produce into their stores. Staff Analysis And Recommendation (Cont.) o Staff does not foresee any adverse effects on adjoining properties. It is compatible with the surrounding uses, neighborhood's character, and addresses locational needs. o The proposed development is appropriately sited between an interstate highway and arterial, and within 500 Feet of the Callicoatte Road/Leopard Street intersection per the nodal approach. o East of the site is a banking center, and VFW (Veterans of Foreign Wars) office west on large lots. The adjoining residential lot contains a three-story apartment complex. The City of Corpus Christi Comprehensive Plan recommends placement of high-density residential developments in proximity to commercial uses. o The dominating land use along Leopard Street in the northwest area is commercial. o Both Walmart and H-E-B are closer to the northwest area's edges. While not a grocery store, a Dollar General can help those with limited or no access to a vehicle. STAFF RECOMMENDATION: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. 0 P �O v v vP 3jFWy FFRo ry NII WAt 140 Iy3jFW y M1y3� � 3,ACC�SsRO CA``ICOA�E T �Mp .: .� O IH 37 FZgMP i.r u; � PROPERTY f y "" CASE: 0223-01 w� WE .-. s Aerial View Subject h Property PROPERTY e T u l lnoT ■■�1■ rc N M a' VA W o T CohTi f s Esri,HEf�Eti �-;�+p_ ,�_ so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 First Reading Ordinance - City Council Meeting of March 21, 2023 Second Reading Ordinance — City Council Meeting of March 28, 2023 DATE: March 13, 2023 TO: Mayor & Council FROM: Council Member Roland Barrera, Chairman Municipal Court Committee Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Terms of Office - Municipal Court Judges CAPTION: Ordinance amending Chapter 29 of the Corpus Christi Code to replace terms that are "coterminous with the term of the appointing City Council' with definite two-year terms for Municipal Judge Appointments. SUMMARY: Per Sec. 29-54 of the city code, the Municipal Court judges serve two-year terms that are coterminous, or concurrent, with the term of the appointing City Council. The current City Council terms run from December 2022 to November 2024. The Mayor and Council did not take office until January 10, 2023, however, because a runoff election was held on December 13, 2022 in Districts 1, 2, and 3. Texas Government Code 29.005 states that a municipal court judge who is not reappointed by the 91 st day following the expiration of a term of office shall, absent action by the appointing authority, continue to serve for another term of office beginning on the date the previous term of office expired. Since the Council took office on January 10, 2023, then the municipal court judge appointments must be made no later than April 10 since their terms are concurrent with City Council terms. This situation creates a tight timeline for the Municipal Court Committee to complete the appointment process. It is especially difficult if new council members are appointed to the committee because they are rushed through the orientation process to make the appointments by the deadline. Consequently, the committee is recommending definite, two-year terms of office for municipal court judges rather than concurrent, or coterminous, terms with City Council terms. If approved on second reading, the municipal court judge terms would run from March 28, 2023 to March 28, 2025. BACKGROUND AND FINDINGS: Per Sec. 29-54 of the city code, the Municipal Court Committee will provide oversight responsibilities for municipal court judicial operations and monitoring judges (appointment, annual review and salary oversight). The municipal court committee consists of four (4) council members appointed by the mayor at the beginning of each council term. The mayor appoints one (1) of the council members as the chairperson. Municipal Court judges serve two-year terms. ALTERNATIVES: The Council could choose to amend the ordinance or not to approve it. FISCAL IMPACT: None Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: The Municipal Court Committee recommends approval of the ordinance as presented. SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 29 of the Corpus Christi Code to replace terms that are "coterminous with the term of the appointing City Council" with definite two- year terms for Municipal Judge Appointments Whereas, Texas Government Code 29.005 establishes an automatic renewal of municipal court judge term if no action is taken by the appointing authority within 90 days; and Whereas, this amendment of the Code provides future appointed Municipal Court Committees additional time to review judicial appointments. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The recitals contained in the preamble of this Ordinance are determined to true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. The Corpus Christ Code, Chapter 29, Sec. 29-4 Judges generally—Offices created; salaries; qualifications, appointment and term; removal, is amended by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: Sec. 29-4 Judges generally, Offices created; salaries; qualifications, appointment and term; removal. (a) The judge of each division shall have all powers of judge, magistrate, and recorder vested in municipal judges by law. Every substitute judge, as hereinafter provided for, shall have the offices, powers and duties of the regular judges of the divisions when and if serving as a substitute judge. (b) The salary of each judge shall be as prescribed by ordinance of the city council. (c) The judges of the municipal court of record shall be known as municipal judges, who shall be licensed attorneys in good standing in the State of Texas, practicing law in Nueces County for at least two (2) years prior to appointment, qualified voters, and shall as of the effective date of appointment be qualified as stated in Article II, section 26, of the City Charter. The municipal judge must also be a citizen of the United States and a resident of the State of Texas. (d) The city council shall appoint municipal judges, as deemed necessary for the benefit and conduct of the court. Each judge shall be appointed by the city council and shall hold office for a definite two-year term ,.,i+h +ho thGappGiTtiRg Gitaa IIRG-3.0.1 unless sooner removed or until the successor, if any, is appointed. (e) The judges of Divisions 1 , 2, 3, 4, and 5 shall serve full time during hours prescribed by the presiding judge. The presiding judge shall assure that the C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easy PDF 8\@BCL@980E8EE7\@BCL@980E8EE7.docx1 hours of the municipal court of record are sufficient to conduct its business in an efficient manner consistent with available resources. SECTION 3. The Corpus Christ Code, Chapter 29, Sec. 29-7. - Presiding judge; office created, special powers and duties; transfer and exchange of benches is amended by adding the following language that is underlined (added) and deleting the language that is stricken (delefee) as delineated below: Sec. 29-7. - Presiding judge; office created, special powers and duties; transfer and exchange of benches. (a) The municipal court of record shall be presided over by a presiding municipal judge who shall be appointed by the city council for a definite two-year term of tWG YeaTsrc ter as YVith th'-Q tG M Gf Gity The presiding municipal judge must meet all qualifications for a municipal judge established section 29- 4. (b) It shall be the duty of the presiding judge to direct the assignment and trial of cases and magistrate duties, to order any judge to exchange benches and preside in any court, and to generally administer all judicial functions of the municipal court of record. (c) The same courtroom and municipal court facilities may be used by each of such divisions under the direction of the presiding judge. Judges of such divisions may transfer cases from one division to another, and any judge of any such division may exchange benches and preside over any such divisions as may be scheduled and ordered by the presiding judge. (d) The presiding judge shall be the chief judge of the municipal courts of record and shall, in conference with the other judges, except substitute judges, establish the local rules of the municipal courts of record, consistent with the ordinances of the city and the laws of the state. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. This ordinance takes effect immediately upon passage on second reading. C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easy PDF 8\@BCL@980E8EE7\@BCL@980E8EE7.docx2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easy PDF 8\@BCL@980E8EE7\@BCL@980E8EE7.docx3 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 28, 2023 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikemaa-cctexas.com (361) 886-2601 Josh Chronley, Assistant Director of Finance-Procurement JoshC2a-cctexas.com (361) 826-3169 Training Ammunition Supply Agreement for the Corpus Christi Police Department Training Division CAPTION: Motion authorizing a one-year supply agreement, with a one-year option, with ProForce Marketing, Inc., of Prescott, Arizona, for the purchase of training ammunition for the Corpus Christi Police Department in an amount not to exceed $138,270.00, and a potential total amount of $276,540.00 if the one-year option is exercised, with FY 2023 funding of $138,270.00 from the Law Enforcement Trust Fund, the Crime Control and Prevention District Fund, and the General Fund. SUMMARY: This motion authorizes a one-year supply agreement, with one one-year option period, for training ammunition for the Corpus Christi Police Department's (CCPD) Training Division. This supply agreement will provide training ammunition for CCPD's SWAT team, sworn officers, and trainees to satisfy annual firearm qualifications and training. BACKGROUND AND FINDINGS: The proposed agreement will supply 9mm training ammunition which is used to train CCPD police cadets during the Police Training Academy as well as annual qualification trainings and in-service trainings for sworn officers. The proposed agreement also will supply .223 rifle ammunition for CCPD's SWAT Team to use in recurring firearms training. The previous contractor was GT Distributors, Inc. of Austin, Texas. The City's most recent agreement with GT Distributors, Inc. was for two years in an amount not to exceed $202,238.76. However, this amount included other items besides training ammunition. For the agreement with GT Distributors, the cost of to supply one year of training ammunition was $86,300. The agreement expired in July 2022. The price difference from the previous agreement as compared to the proposed agreement reflects approximately a 62% increase in the cost to supply training ammunition for one year. The previous agreement with GT Distributors, Inc. to supply training ammunition for one year was $86,300. The cost to supply one year of training ammunition for the proposed agreement with ProForce Marketing, Inc. is $138,270. The primary reasons for the price increase are due to the COVID-19 pandemic's effects on ammunition manufacturing and delivery as well as the war in Ukraine. Both of these events have heavily influenced the price of ammunition and related supplier services. Since the expiration of the agreement with GT Distributors Inc., CCPD has been purchasing ammunition as needed but is incurring shipping delays and increased costs due to market fluctuations. Having an agreement in place will help minimize ammunition price fluctuations by ensuring competitive pricing over the long term. It also will minimize delayed shipping times that occur when making spot purchases from one or more suppliers. The City previously made non-contract related purchases of training ammunition from ProForce Marketing Inc. CCPD received the ammunition from ProForce Marketing, Inc. within an acceptable timeframe and was satisfied with their level of service and quality of product. CCPD originally turned to ProForce Marketing, Inc. to fulfill its training ammunition requirements because GT Distributors ink was not able to supply CCPD with training ammunition in a timely manner. As a result, CCPD has purchased from ProForce for the past 18 months, and they have provided CCPD with exceptional service and delivery throughout that timeframe. CCPD has been pleased with ProForce Marketing, Inc. as a result and recommends continuing to use them as their training ammunition supplier. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process to obtain bids for a supply agreement. The City received three responsive, responsible bids, and is recommending the award to Proforce Marketing, Inc. of Prescott, Arizona. The previous contractor was GT Distributors, Inc. of Austin, Texas. The City's most recent agreement with GT Distributors, Inc. was for two years in an amount not to exceed $202,238.76. However, this amount included other items besides training ammunition. For the agreement with GT Distributors, the cost of to supply one year of training ammunition was $86,300. The agreement expired in July 2022. Since the expiration of the previous agreement with GT Distributors Inc., CCPD has been purchasing ammunition as needed but is incurring shipping delays and increased costs due to market fluctuations. The price difference from the previous agreement as compared to the proposed agreement reflects approximately a 62% increase in the cost to supply training ammunition for one year. The previous agreement with GT Distributors, Inc. to supply training ammunition for one year was $86,300. The cost to supply one year of training ammunition for the proposed agreement with ProForce Marketing, Inc. is $138,270. The primary reasons for the price increase are due to the COVID-19 pandemic's effects on ammunition manufacturing and delivery as well as the war in Ukraine. Both of these events have heavily influenced the price of ammunition and related supplier services. The City previously has made non-contract related purchases of training ammunition from ProForce Marketing Inc. CCPD received the ammunition from ProForce Marketing, Inc. within an acceptable timeframe and was satisfied with their level of service and quality of product. ALTERNATIVES: The alternative is not to purchase the ammunition. However, if this purchase is not made, there will not be enough ammunition to train for SWAT, cadet qualifications, or sworn officer annual qualifications. This will result in police officers and cadets not being able to maintain firearms certifications as well as a lack of necessary firearms training. FISCAL IMPACT: The Law Enforcement Fund will provide $42,580.00, the Crime Control and Prevention District will provide $66,700.00, and the FY 2023 Police General Fund will provide $28,990.00. FUNDING DETAIL: Fund: 1074 Account: 520090 Organization/Activity: 826000S Amount: $42,580.00 Fund: 9010 Account: 520090 Organization/Activity: 11711 Amount: $66,700.00 Fund: 1020 Account: 520090 Organization/Activity: 11790 Amount: $28,990.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a one-year supply agreement, with one one-year option period, with Proforce Marketing Inc., of Prescott, Arizona, for CCPD's Training Division, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement oQyV9 a City of Corpus Christ! Bid Tabulation � Finance-Procurement Department RFB No.4543 t' Buyer:Liza Elizalde Ammunition for Police Department ias2 Proforce Marketing,Inc.of D3 Firearms&Supply USIQ,Inc. Prescott,Arizona of Sinton,Texas of Northbrook,Illnois Extended ExtendedExtended ITEM DESCRIPTION UNIT 1-YR QTY Unit Price Price Unit Price Price Unit Price Price 1 9mm,115 Grain FMJ EA 320,000 $ 0.231 $ 73,920.00 $ 0.262 $ 83,840.00 $ 0.460 $ 147,200.00 2 .223 REM,55 Grain FMJ EA 150,000 $ 0.429 $ 64,350.001 $ 0.606 $ 90,900.00 $ 0.590 $ 88,500.00 Total Price for 1 Year $ 138,270.00 $ 174,740.00 $ 235,700.00 Option 1-YR Extended Extended Extended ITEM DESCRIPTION UNIT QTY Unit Price Price Unit Price Price Unit Price Price 1 9mm,115 Grain FMJ EA 320,000 $ 0.231 $ 73,920.00 $ 0.259 $ 82,880.00 $ 0.480 $ 153,600.00 2 .223 REM,55 Grain FMJ EA 150,000 $ 0.429 $ 64,350.00 $ 0.600 $ 90,000.00 $ 0.620 $ 93,000.00 Total Price for 1sT Option Year $ 138,270.00 $ 172,880.00 $ 246,600.00 Page 1 of 1 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B CUs > SUPPLY AGREEMENT NO. 4543 U Ammunition for Police Department fhaaaoRp 1852 THIS Ammunition for Police Department Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Proforce Marketing Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Ammunition for Police Department in response to Request for Bid No. 4543 ("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. Contractorwill provide Ammunition for Police Department 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. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to one additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $138,270.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 must be mailed to the following address with a copy provided to the Contract Administrator: 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: Pat Eldridge Department: Police Department Phone: 361-886-2696 Email: Pat@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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B 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. 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. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B 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: Pat Eldridge Title: Police Management Services Director Address: 321 John Sartain, Corpus Christi, Texas 78401 Phone: 361-886-2696 Fax: 361-886-2607 IF TO CONTRACTOR: Proforce Marketing Inc. Attn: Amanda Cronkhite Title: Contract Specialist Address: 2625 Stearman Rd., Ste A, Prescott, Arizona 86301 Phone: 928-776-7192 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 WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B 22. 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. 23. 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). 24. 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. 25. 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. 26. 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. 27. 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. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B CONTRACTOR DocuSigned by: Signature: 19"'JAJA (MILf_ Printed Name: Amanda Cronkhite Title: contract specialist Date: 2/22/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — 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 l : RFB No. 4543 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B Section 4 - Scope of Work General Requirements/Background Information The Contractor shall supply ammunition to the Police Department's Training Division as outlined in this Scope of Work. Scope of Work The Contractorwill provide 320,000 rounds of 9mm 115 grain FMJ and 150,000 rounds of .223 REM 55 grain FMJ ammunition for the Police Department's Training Division. Delivery 1 . Ammunition will be ordered on an as needed basis and shall be delivered to: Police Department Training Division 4510 Corona Dr. Corpus Christi, Texas 78411 2. All Contract prices are FOB destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Ammunition shall be delivered as soon as it is available. 4. The Supplier shall properly package all items. Contractor Quality Control and Superintendence All ammunition shall be free from defects, properly secured and packaged for shipment to ensure safe delivery. A copy of the manufacturer's warranty must be included with the shipment. The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. Special Instructions 1 . Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. 2. Supplier 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. 3. Cancellations shall be in writing and sent to Contractor by email, fax, or mail. 4. No restocking fee or payment of any kind shall be owed for orders cancelled due to Suppliers inability to meet the deadline delivery date. Page 1 of 1 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B ATTACHMENT B: BID AND PRICING SCHEDULE IS CITY OF CORPUS CHRISTI ° CONTRACTS AND PROCUREMENT BID FORM Yssa RFB No, 4543 Ammunition for Police Department Date: 02/13/2023 PAGE 1 OF l Authorized Bidder: Proforce Marketing, Inc. Signature: 7, Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing 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 1-YR. Unit Total Price QTY Price 1 9mm, 115 Grain FMJ EA 320,000 0.231 73,920.00 2 .223 REM, 55 Grain FMJ EA 150,000 0.429 64,350.00 Total Price 1-Year 1138,270.00 Item Description UNIT Option Unit Total Price 1-YR. Price QTY 1 9mm, 115 Grain FMJ EA 320,000 0231 73,920.00 2 .223 REM, 55 Grain FMJ EA 150,000 0.429 64,350.00 Total Price 1st Option Year 138,270.00 Page 1 of 1 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B ATTACHMENT C: NO INSURANCE REQUIREMENTS The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Purchase Contracts - Supply Agreements - Equipment Leases - Goods or Equipment Delivered to City Other Than Hazardous Chemicals. 2021 Insurance Requirements Ins. Req. Exhibit 1-A Purchase Contracts - Supply Agreements - Equipment Leases Goods or Equipment Delivered to City Other Than Hazardous Chemicals 05/10/2021 Risk Management - Legal Dept. Page 1 of 1 DocuSign Envelope ID:943704DF-6873-4CE2-98F5-F01330EF2F3B ATTACHMENT D: WARRANTY REQUIREMENTS Manufacturer's warranty required for this Agreement. Page 1 of 1 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 28, 2023 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management Charlesm2Ca-)cctexas.com (361) 826-1941 Mike Markle, Chief of Police mikema(o)cctexas.com (361- 886-2601 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(o-)cctexas.com (361) 826-3169 Accessories and Equipment Upfitting for Police Vehicles CAPTION: Motion authorizing execution of a two-year service agreement with CAP Fleet Upfitters, LLC of Houston in an amount not to exceed $557,980.28, through the BuyBoard Cooperative, for the purchase and installation of parts and equipment for 30 new police vehicles, with FY2023 funding of $425,775.46 from the Fleet Equipment Replacement Fund and $132,204.82 from the Crime Control Fund. SUMMARY: This motion authorizes a two-year service agreement for the installation of upfitting kits onto 27 new Chevrolet Tahoes, 1-Ford F150 Police Responder, and 2-Ford F150 Captain Vehicles for the Police Department. Upfitting kits consists of emergency accessories and equipment to include lights, full compartment partitions, sirens, push bumpers, and center console keyboard mounting plates for police marked units. BACKGROUND AND FINDINGS: CCPD needs to purchase new upfitting kits that include accessories, equipment such as lights, full compartment partitions, sirens, push bumpers and center console keyboard mounts to fit the Chevrolet Tahoes, Ford F150 Responder, and Captain vehicles. The equipment installed on replaced units cannot be retrofitted to new vehicles or equipment as they do not fit the new body styles. PROCUREMENT DETAIL: This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. CAP Fleet Upfitters, LLC is the incumbent. The proposed agreement covers the upfitting of 30 units with a 41% savings in cost. Cap Fleet Upfitter, LLC through the Buyboard Cooperative offers a cost saving of $189,265.75 in comparison to Dana Safety Supply, Inc., a non-cooperative vendor for upfitting and options for the police vehicles. Unit Dana Safety Cap Fleet Variance Supply, Inc. Upfitters, LLC Ford F150 Captain Vehicle (Qty 2) $45,299.52 $18,083.08 -$27,216.44 Ford F150 Qt 1 $11 ,855.40 $17,354.59 $5,499.19 Chevrolet Tahoe (Qty 27) $690,091 .11 $522,542.61 -$167,548.50 Total $747,246.03 $557,980.28 -$189,265.75 ALTERNATIVES: The alternative is not to purchase the vehicle upfitting kits, leaving Patrol Officers without necessary equipment in vehicles to patrol the streets of Corpus Christi and unable to respond to calls quickly. FISCAL IMPACT: The fiscal impact for the Fleet Equipment Fund in FY 2023 is $425,775.46 and $132,204.82 from the CC Crime Control Fund in FY 2023. FUNDING DETAIL: Fund: 5111 Fleet Equipment Replacement Organization/Activity: 11701 Project # (CIP Only): n/a Account: 550020 Total $425,775.46 Fund: 9010 Crime Control Organization/Activity: 11717 Project # (CIP Only): n/a Account: 550020 Total $132,204.82 RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement with CAP Fleet Upfitters, LLC., as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Upfitting for Police Vehicles BuyBoard Contract: 601-19 CAP Fleet Upfitters, LLC Houston, TX Item Description Qty Cost Total 1 FY23 Tahoe Patrol-Upfitting Kit and 2719,353.43 $ $522,542.61 Labor FY23 F150 Police Responder Patrol 2 Upfitting Kit and Labor 1 $17,354.59 $17,354.59 FY23 Ford F150 Police 3 Responder Captain-Upfitting 2 $9,041 .54 $18,083.08 Kit and Labor Total 1 $557,980.28 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB �yV S C� G° a 0 H SERVICE AGREEMENT NO. 4636 U Upfitting for Police Vehicles yeanaonn!e 1852 THIS Upfitting for Police Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and CAP Fleet Upfitters, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Upfitting for Police Vehicles in response to Request for Bid/Proposal No. Buyboard 601-19 ("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 Upfitting for Police Vehicles ("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. (A) The Term of this Agreement is two years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. 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 in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $557,980.28, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 must be mailed to the following address with a copy provided to the Contract Administrator: 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: Gabriel Zapata General Services Departments Phone: 361-826-1908 GabrielZ@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 that 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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB 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. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products 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. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB 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. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 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 Zapata Assistant Fleet Program Manager 5352 Ayers, Bldg. 3-13, Corpus Christi, TX 78415 Phone: 361-826-1908 Fax: 361-826-4599 IF TO CONTRACTOR: CAP Fleet Upfitters, LLC Attn: Zach Cayton Director of Operations 4909 Fulton St., Houston, TX 77009 Phone: 832-509-5658 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB 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 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23. 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). 24. 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. 25. 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. 26. 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. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB 27. 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. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB CONTRACTOR DOCUSigned by: Signature: F (,ayfow 3EA214D995764C0... Printed Name: tach Cayton Title: Director of operations Date: 2/16/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. BuyBoard 601-19 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB Attachment A: Scope of Work Upfitting is the term used to describe the installation of accessories and equipment that go in Police marked units which include but is not limited to such items as lights, full compartment partitions, sirens, push bumpers, and center console keyboard mounting plates. Scope of Work A. Contractor shall supply and install upfitting kits for the use in: 1 . 27 each 2023 Chevrolet Tahoe Patrol Units 2. 1 each 2023 F150 Police Responder Patrol Unit 3. 2 each Police Responder Captain Units B. Installation of the upfitting equipment will be performed offsite in accordance with applicable, current, and recognized standards. C. The Contractor shall not come onto City property to perform installation. City staff will provide the delivery and return of the vehicles selected for upfitting. DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB 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 folio win : DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL FY23 Tahoe Patrol Upfitting Kit and Labor 27 EA $19,353.43 $522,542.61 Per BuyBoard COOP Contract #601-19 FY23 F150 Police Responder Patrol Upfitting Kit and Labor Per BuyBoard 1 EA $17,354.59 $17,354.59 COOP Contract #601-19 FY23 Ford F150 Police Responder Captain Upfitting Kit and Labor Per BuyBoard 2 EA $9,041.54 $18,083.08 COOP Contract #601-19 TOTAL 30 EA $557,980.28 COMPANY: CA? B 0— - NAME OF PERSON AUTHORIZED TO SIGN: ZccGh Cc--2�rn ADDRESS: tflo F/ 1}0n CITY /STATE/ZIP: 40j<4#^ IZZR II-P07 PHONE: D 3Z> $(,s:z EMAIL: 2,-, aQr-.P e 4- Co-i FAX: DATE: I Zo ZZ— SIGNATURE: TITLE: o4- THE GTHE 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. Page 3 of 17 RFQ Revised 4.19.2019 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB ATTACHMENT C: INSURANCE REQUIREMENTS EXHIBIT 4-D INSURANCE REQUIREMENTS 1. 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 Commercial General Liability Including: $250,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles While in Care, COVERAGE including: Custody or Control Physical Damage on a Direct Primary Basis 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 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. Page 4 of 17 RFQ Revised 4.19.2019 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to 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. 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. Page 5 of 17 RFQ Revised 4.19.2019 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB 2021 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services—Services Performed Offsite 05/10/2021 Risk Management—Legal Dept. Page 6 of 17 RFQ Revised 4.19.2019 DocuSign Envelope ID: B2632F21-9BCE-4FDF-A7AF-46A307F29EEB ATTACHMENT D: WARRANTY REQUIREMENTS Warranty is lifetime and covers the workmanship (wiring on the aftermarket, and installation of the parts). The manufacture warranty covers the items that are installed in the vehicle. Page 7 of 17 RFQ Revised 4.19.2019 Upfitting Price Comparison Dana Safety Cap Fleet Unit Qty Supply, Inc. Total (BuyBoard) Total Variance Greensboro, NC Houston,TX Ford F150 Captain Vehicle 2 $22,649.76 $45,299.52 $9,041.54 $18,083.08 -$27,216.44 Ford F150 1 $11,855.40 $11,855.40 $17,354.59 $17,354.59 $5,499.19 Chevrolet Tahoe 27 $25,558.93 $690,091.11 $19,353.43 $522,542.61 -$167,548.50 Total $747,246.03 $557,980.28 -$189,265.75 ,SUS G� 0 h V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 28, 2023 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance of funds from the State of Texas Law Enforcement Standards and Education account CAPTION: Ordinance accepting $20,169.56 from the State of Texas - Law Enforcement Officer Standards and Education Account for training courses and training-related travel for approximately 25 full-time sworn and civilian Corpus Christi Police Department personnel; and appropriating $20,169.56 in the FY 2023 in the Police Grants Fund. SUMMARY: The State of Texas provides an annual allocation for training for law enforcement agencies' sworn and civilian personnel in order for them to retain their required accreditation hours. The annual allocation also can be used to help fund training equipment that law enforcement agencies need. The funds must be appropriated annually when the funding is received from the Law Enforcement Officer Standards and Education account. BACKGROUND AND FINDINGS: Each year, the Law Enforcement Officer Standards and Education account issues an annual allocation of funds to law enforcement agencies, per the Texas Occupations Code, Section 1701.157. The amount of funds received depends on the number of sworn personnel that a law enforcement agency has as of January 1 of each year. The funds must be appropriated annually when the funding is received from the Law Enforcement Officer Standards and Education account. The funds are to be used by qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel (civilians) as well as training equipment. For this year's annual allocation, the Corpus Christi Police Department (CCPD) will use the funds received from the Law Enforcement Officer Standards and Education account for continued educational training for sworn and civilian personnel and the travel-related costs for the trainings. Police officers are required to have 40 hours of continuing education training on a biannual basis. As part of this requirement, CCPD investigators are sent to specialized schools such as homicide investigation, interrogation techniques, and others. CCPD civilian personnel are required to have a variety of continuing education training hours each year, depending upon the respective job assignments. CCPD civilian personnel attend trainings for forensics, dispatchers, and crime prevention. CCPD has been receiving funds from the Law Enforcement Officer Standards and Education account since 2002. Last year, CCPD received funds in the amount of$20,031.30. ALTERNATIVES: The alternative is not to accept the funds and, therefore, offer less training and equipment to officers and civilian personnel until other funding sources are identified. However, this would result in sworn and civilian personnel becoming delinquent in their continuing education credits, which would affect CCPD's operations and credentials. FISCAL IMPACT: The fiscal impact for FY 2023 is the acceptance of funds in the amount of $20,169.56 and appropriating the $20,169.56 to the Police Grants Fund. Funding Detail: Fund: 1074 Police Grants Fund Organization/Activity: 826200L Project # (CIP Only): N/A Account: 547012 Amount: $20,169.56 RECOMMENDATION: Staff recommends approving the ordinance and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Award Letter Ordinance funding in the amount of$20,169.56 from the State of Texas — Law Enforcement Officer Standards and Education Account for Police Department training of sworn and civilian personnel; appropriating funds in the amount of $20,169.56 to the Police Grants Fund; and amending the operating budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funding in the amount of$20,169.56 from the from the State of Texas — Law Enforcement Officer Standards and Education Account under Occupations Code, Section 1701.157, for the allocation from this fund to expenses related to the continuing education of those licensed under this Chapter of the Occupations Code. SECTION 2. The City of Corpus Christi designates the Chief of Police as the City's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the funding on behalf of the applicant agency. SECTION 3. That $20,169.56 is appropriated in the No. 1061 Police Grants Fund from the State of Texas — Law Enforcement Officer Standards and Education Account to provide training described in Section 1 . SECTION 4. That the 2022-2023 operating budget approved by Ordinance No. 032855 is amended to increase revenues and expenditures. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor O4tge CPAP TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O.Box 13528 • Austin,TX 78711-3528 February 16, 2023 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469-9016 Vendor number: 17460005741-051 A direct deposit was made into your account from the Law Enforcement Officer Standards and Education (LEOSE) account in the amount of $ 20,169.56. This payment must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full-time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally among the qualified agencies. The remaining 80 percent is allocated on the basis of the number of eligible law enforcement positions each agency had as of January 1 of the preceding calendar year. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer, licensed jailer or telecommunicator on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher, and is entitled to all employee benefits offered to a peace officer. To receive your agency's share of the LEOSE account in 2024, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2024 Allocation Basis form to us no later than October 31, 2023. The information provided in this report must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us at 800-531-5441, ext. 3-4530, or 512-463-4530 if you have any questions or if we can be of assistance. Enclosures Form 40305(Rev.1-1917) so �o o� A H AGENDA MEMORANDUM WoRPORP�g4 First Reading for the City Council Meeting of March 28, 2023 1852 Second Reading for the City Council Meeting of April 11, 2023 DATE: March 20, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director, Development Services Department Al Raymond(a)cctexas.com (361)826-3575 Ordinance authorizing the acceptance and appropriation of a $25,000.00 grant from the Texas Historical Commission Certified Local Government program for the Upper Westside Historic Resource Survey project CAPTION: Ordinance authorizing the acceptance and appropriation of a $25,000 grant from the Texas Historical Commission Certified Local Government program for the Upper Westside Historic Resource Survey project with a City match of $25,000 budgeted and coming from the Development Services fund. SUMMARY: This is an ordinance accepting and appropriating $25,000.00 from the Texas Historical Commission Certified Local Government program for the Upper Westside Historic Resource Survey Update project. The grant funding source is the Historic Preservation Fund administered by the National Park Service. BACKGROUND AND FINDINGS: To preserve the heritage of Corpus Christi, the Landmark Commission was established by the City Council in 1974. The commission's primary tasks are to: • Consider specific sites, structures, and districts for designation as historic landmarks. • Encourage and communicate with property owners the benefit of rehabilitation of potential landmarks as an alternative to demolition. • Review and recommend nominations to the National Register of Historic Places. • Promote preservation through education. • Maintain and update the historical resource survey. • Promote preservation through the Planning and Zoning process. • Seek and apply for preservation grant funding. Corpus Christi, Texas is a Certified Local Government. The CLG program empowers local communities to better protect historic resources and meet recognized historic preservation standards. Cities participating in the CLG program may take advantage of CLG grants, technical assistance, training opportunities, and the CLG network. This program recognizes a partnership between the local, state, and federal governments to enhance preservation. The Texas Historical Commission's Certified Local Government program is awarding the City of Corpus Christi a$25,000 match on a reimbursement basis to undertake a historic resource survey for the Upper Westside. The city will have until September 30, 2025, to complete the project. A historic resources survey of the Upper Westside area of Corpus Christi will implement the city's Historic Preservation Plan, Goal 2: Enable Community Driven Preservation, and Strategy 9 to document underrepresented historic resources (www.cctexas.com/hpp). The Upper Westside consists of approximately 3000 parcels and includes the Leopard St. and Staples St. Commercial Corridors, and early twentieth century to post World War II neighborhoods including the Ben Garza Park/Uptown area, Oak Park, Up River Road, and Saxet Heights neighborhoods. This survey area reflects the settlement and expansion of the city's Hispanic population. Although scattered sites in this area were surveyed in the 1990s and by TxDOT in 2012 for the Harbor Bridge project, a survey for this area is incomplete and requires updating. A consultant will be hired to undertake the survey, and the data, pictures,and community history videos will be accessible through the City's "Landmark Commission Web Viewer (www.cctexas.com/landmark)." An ESRI Collector application of the Texas Historical Commission Survey Form was created for the survey. This platform, accessible through the internet, will facilitate the survey in the field via phone or laptop. Once uploaded the survey will be mapped instantaneously along with the site photography. A project website will host additional information including outreach opportunities, historical background, video/oral histories, and other reference materials. This data will provide the basis for future local, state, or national designations and potential incentives for preservation and rehabilitation efforts. ALTERNATIVES: Undertake the survey using volunteers. This could extend the project 5 years or more. FISCAL IMPACT: If approved, the additional grant funds will provide 50% or$25,000.00 on a reimbursement basis towards a total project cost of$50,000.00. The city will match 100% of the grant award or $25,000.00. FUNDING DETAIL: Matching: Fund: Development Services 4670 Organization/Activity: DSD Administration 11300 Project # (CIP Only): N/A Account: Professional Services 530000 (matching) Revenue and Expense: Fund: Community Development Grant Fund 1072 Organization/Activity: 870109S Project #(CIP Only): N/A Account: THC (Tx Historical Commission) 304850 (Revenue) Professional Services 530000 (Expense) RECOMMENDATION: Staff recommends approval of the ordinance authorizing the acceptance and appropriation of a $25,000 grant from the Texas Historical Commission Certified Local Government program for the Upper Westside Historic Resource Survey project with a City match of $25,000 budgeted and coming from the Development Services fund; and authorizing the execution of all documents necessary to implement the project. LIST OF SUPPORTING DOCUMENTS: Ordinance Award letter Presentation Historic Profile of Area and Map Ordinance authorizing the acceptance and appropriation of a $25,000 grant from the Texas Historical Commission Certified Local Government program for the Upper Westside Historic Resource Survey project with a City match of $25,000 budgeted and coming from the Development Services fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate the Texas Historic Commission Certified Local Government grant award of $25,000.00 for the Upper Westside Historic Resource Survey project with a City match of $25,000.00. SECTION 2. The $25,000 grant funds are appropriated in the Community Development Grant Fund No.1072, Accounting No. 304850 (THC), Activity 870109S, with a City match of $25,000 budgeted and coming from Development Services Fund No. 4670, DS Administration 11300, Professional Services 530000 for this grant award. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor TEXAS ' HISTORICAL Au Box 122 CO M M I SS I O N 40 Austin, Texass 78711-2276 512-463-6100 REAL PLACES TELLING REAL STORIES thc.texas.gov February 7, 2023 Nina Nixon-Mendez, FAICP, CFM, HPO,Assistant Director Land Development,Development Services City of Corpus Christi 2406 Leopard Street Corpus Christi,Texas 78408 Re: FY2023 Certified Local Government Grant Request for the City of Corpus Christi, Texas Dear Ms. Nixon-Mendez: The Texas Historical Commission (THC) appreciates your interest in and application to the Certified Local Government (CLG) Grant Program. We are pleased to inform you that the grant request from the City of Corpus Christi in the amount of$25,000 for the Upper Westside Historic Resources Survey was selected for funding by the Commission at their February meeting. We do not anticipate any issues in funding your grant; however,we are still awaiting the exact amount of the THC's federal allocation. Grant funding is contingent upon this federal allocation, and until the final amount is known we are unable to execute a contract with the City for its project. We anticipate being able to finalize the grant agreement with you in March. In the meantime, CLG Program staff will host a virtual grant orientation in the next month and will work with project managers to hone the project's scope of work. Funded projects will have until September 30, 2025, to complete their work. Please keep in mind that work performed before the execution of a contract between the City and the THC will not be eligible for reimbursement. Thank you for your efforts to preserve and promote our state's heritage. We look forward to working with you on this important project. Should you have any questions or if we can be of further assistance, please contact me at 512.463.7812. Sincerely, I Kelly Little Certified Local Government Coordinator GREG ABBOTT, GOVERNOR I JOHN L. NAU, III, CHAIR I MARK WOLFE, EXECUTIVE DIRECTOR Ordinance Ordinance authorizing the acceptance and appropriation of a $25,000 grant from the Texas Historical Commission Certified Local Government program for the Upper Westside Historic Resource Survey project with a City match of $25,000budgeted and coming from the Development Services Fund. City Council March 28 2023 Certified Local Government Program The Texas Historical Commission's Certified Local Government program is awarding the City of Corpus Christi a $25,000 match for the Upper Westside Historic Resource Survey project. • Corpus Christi is a Certified Local Government. The CLG program empowers local communities to better protect historic resources and meet recognized historic preservation standards. Participating CLGs can take advantage of grants, technical assistance and training opportunities. Upper Westside Historic Resource Survey The Upper Westside Historic Resource Survey will: • Survey Leopard and Staple Corridors, and early to mid 20th century neighborhoods around Bend Garza Park/Uptown, Saxet Heights, Up River Road, and Oak Park neighborhoods. • Implement the city's Historic Preservation Plan, Goal 2: Enable Community Driven Preservation, & Strategy 9: to document underrepresented historic resources. • Provide basis for future local, state or national designations and potential incentives for preservation and rehabilitation efforts. Upper Westside Historic Resource Survey ey Upper Westside Historic Resource Survey ................ P: 51 Driscoll 4 sae Westchester Place T,,gg Mrr—n,st Oak Park 5111, S, L,.F�ld 51 L� 4ntF4oPe S, Capus L—,—St Christi Woodland Heig Sones Addition ti S, Up River .xet�eights Vllla Gardens, 111top Tenn.- L..a Alta Paul Court U,--", Bluff Highlarid -1 1,"d 5, Mok.Vista lftu Westgate Heights C 1 1, Glen Rb"l 1 -1 `o ` L. S ;A-,11 Lau It 'Y' 'V Rrun,tn All Grant Total Project Cost: $50,000 State CLG Match (50%): $25,000 Local Match (50%): $25,000 DS Department Project Completion: September 30, 2025 Contract Term: December 31, 2025 Recommendation Approval UPPER WESTSIDE HISTORIC RESOURCES Project Summary A historic resources survey of the Upper Westside area of Corpus Christi will implement the city's Historic Preservation Plan, Goal 2: Enable Community Driven Preservation, and Strategy 9 to document underrepresented historic resources (www.cctexas.com/hpp). The Upper Westside consists of approximately 3000 parcels and includes the Leopard St. and Staples St. Commercial Corridors, and early twentieth century to post World War II neighborhoods including the Ben Garza Park/Uptown area, Oak Park, Up River Road and Saxet Heights neighborhoods. This survey area reflects the settlement and expansion of the city's Hispanic population. Originally, Hispanic residents lived west of the bluff and south of Leopard St.,an area known as the "Hill." This early settlement would lead to the development of businesses, churches, schools, and civic organizations.One of the earliest Hispanic churches in this neighborhood was Iglesia Metodista Mexicana, which formed in 1872, and later relocated to 1610 Comanche Street and was renamed Kelsey Memorial Church in 1948. Dating back to the 1880's,the Grande Saloon, was a prominent landmark located at the corner of Leopard and Waco. Owned by Francisco Grande, the building housed a hotel, restaurant, and pool hall, and was later operated by his son Ben. In 1896, Corpus Christi Independent School District opened a formal program to teach English and academics to Mexican American students. The settlement consisted of linear grid streets lined with shotgun houses,folk Victorian homes, and Bungalows. The Sanborn Fire Insurance maps provide some insights into the early Hispanic settlement. The 1906 map denotes "Mexican shanties" along Comanche St. near Tancahua St. The 1914 map shows the Mexican Presbyterian Church at 601 Waco St. near Mestina St., one block south of Leopard, and the Corpus Christi College Mexican Roman Catholic classrooms and dormitory at 801 Tancahua and Antelope Sts. In 1919, the Fourth Ward School for Mexicans was located at 923 Mestina St., and the Mexican Methodist Church at 601 Waco St. In 1927, the Mexican Presbyterian Church was at 1401 Mestina St., and the Mexican Baptist Church was at 1501 Caldwell St. Between 1910 and 1920, immigration from Mexico increased due the Mexican Revolution. Established in 1925, the Corpus Christi Chapter of the Orden Hijos de America, a mutual aid society, fought for a new Mexican school. Their other civil rights activities included the desegregation of the Palace Bath house, removal of"No Mexicans Allowed"sign at North Beach,allowing Mexicans to serve on juries,and assisting tenant families with landlord issues. The Mexican school was renamed for Cheston L. Heath in 1926, and a new building was erected in 1927 at 519 Carrizo St. to accommodate the growing number of Hispanic students. The school continued operations until it was closed in 1968 with integration and became the site of the new Nueces County Courthouse. Leopard St. was one of the first Corpus Christi streets named by founder Henry Kinney and shown on his 1852 grid of streets. Historically, it was one of the most heavily traveled streets. Due to growth of the Port in the 1920's, the character of Leopard Street began to change with banks, hotels, and other businesses springing up along this important corridor. Leopard St.became a multicultural corridor where many ethnic groups owned and patronized businesses. Hispanic businesses on Leopard St. included inns, saloons, restaurants, movie theaters, barber shops, a photography studio, a blacksmith shop, drug store, and auto repair shops as the "Hill" and Upper Westside neighborhoods developed. On this corridor were two UPPER WESTSIDE HISTORIC • unsegregated theaters where Blacks and Hispanics enjoyed movies and shows. The Grande Theatre, at 1015 Leopard, showed movies from Mexico. Cotton production peaked in the 1920's and later post-World War II. Most cotton was transported to the Port for export via Leopard St. and Highway 9. Leopard was busy especially on Saturdays in cotton-picking season when the street was packed with families shopping in town. By 1930,the discovery of oil fields in South Texas brought new industries and employment opportunities. In the 1930's the city limits extended to Palm Drive by Holy Cross and Rose Hill cemeteries. The construction of Corpus Christi High School in 1932, and Fred Roberts Memorial Hospital in 1928 on Leopard St. and Old Robstown Road at the edge of the city was in response to the city's growth westward. New buildings continued to be constructed along Leopard St., with most Hispanic businesses locating on the western part of the street. Leopard St. was dirt or shell until 1930 when the city paved it to Palm Drive. A dirt road connected Leopard St.to Highway 9, which was lined with roadhouse bars and dance halls. Highway 9 which extended to Calallen would later be renamed Leopard St. Staples St. was another important commercial corridor in the Upper Westside. In 1929, the City Council changed the name of Black Street to Staples. South Staples, beginning at 200 S. Staples, and extended from Kinney Avenue south to the southernmost part of the city, to an intersection today known as Six Points. Restaurants, groceries, furniture stores, and drug stores located on Staples St. Many historic buildings on Staples St. were razed, and whole blocks are currently vacant. On the northwest corner of the 400 block of Staples St. was Vicente Lozano's grocery. Lozano immigrated from Bagdad, Mexico, in 1891, and built his first store on Staples St. in 1915. In 1941, he constructed the Lozano building where a pharmacy was located. Down the street was the Lozano cafe. Unfortunately,the Lozano block was razed, and is vacant. With the influx of Mexican immigrants, the Hispanic population continued to grow and expand. New organizations formed to assist these immigrants in adjusting to their new home, promoting the teaching of English and citizenship. In 1929, around 200 Mexican Americans met at Obreros Hall at Lipan and Carrizo Sts., to unite three organizations into the League of United Latin American Citizens, with the purpose of advocating for Mexican-American citizens, with Ben Garza as their leader. Civil rights and access to education became the organization's central objectives. The Great Depression resulted in some areas of the city being overcrowded, unsafe and lacking basic amenities. In 1938, the United States Congress authorized the United States Housing Authority to lend $500 million over a three-year period for slum clearance and low-rent housing construction. In that year the City of Corpus Christi set up a planning commission to determine the feasibility of launching a low- rent housing project with the result that$1 million was requested to build 1,100 housing units. The United States Housing Authority approved $938,710 for the construction of 242 units. Located in the La Pascua Addition, 300 buildings were removed and replaced by 210 homes in 1941. This housing project was named Navarro Place. The Mexican Chamber of Commerce, established in 1939, would locate its offices on the second floor of the building at 1100 Leopard St. Later, in 1948,the American G.I. Forum was founded in Corpus Christi by Dr. Hector Perez Garcia to protect rights of veterans, expand access to education, and fight for equal rights. By 1949, the private sector began to build suitable low-cost housing units. Having access to G.I. benefits, returning Hispanic veterans from World War II purchased homes and opened businesses on Leopard and Staples Street. Many of the early homes have deteriorated due to aging and UPPER WESTSIDE HISTORIC • neglect. Today, the U.S. Department of Housing and Urban Development defines this area (Census Tract 11) as a racially or ethnically concentrated area of poverty (R/ECAP). These small affordable homes could benefit from rental and homeowner rehabilitation programs, or tax incentives. Vacant lots within this area present opportunities for compatible infill development. In the 1960's, as the city expanded and shopping centers and malls were developed in other parts of the city,the businesses on Staples St. and the eastern part of Leopard St. saw a decline. After Hurricane Celia in 1970, various governments located government buildings on the south side of Leopard St. in hopes of bringing new vitality to the area. Despite the city's efforts to revitalize Leopard St., many buildings remain vacant today and others have been demolished. The construction of Interstate 37 from Corpus Christi to San Antonio was initiated the 1960's. Interstate 37 would be completed by the 1980's, eventually replacing Leopard St. and State Highway 9 as the primary route to San Antonio. Housing was needed to accommodate the civilian and military personnel at the Naval Air Station, and refinery and industry workers. The Federal Housing Administration provided programs to insure mortgages. New neighborhoods sprang up on the upper western edge of the city, located south of refineries and other industry, for middle-class families. Farmland was carved into new subdivisions, with winding streets and neighborhood parks. One hundred acres of farmland west of the Holy Cross and Rose Hill Cemeteries was purchased in 1871 by James C. and Frances Priour Hatch, who would settle there, raise 12 children and grew fresh vegetables to supply the Corpus Christi Trading Post. In the 1920's, Frances Hatch sold off half of the farm to developers,which would later become neighborhoods, including Saxet (Texas spelled backwards) and Country Club. Five large homes were built along Up River Road with a 200-foot setback to the road. In 1933, Frances Hatch's daughter, Rhoda, would establish a trailer park business on a portion of the property,which has been operated by the Hatch family for four generations. Suburban neighborhoods of Oak Park, Saxet Heights and Up River Road developed during the 1920's through the 1950's.The homes were located close to jobs,and rooftops led to the expansion of businesses along Leopard St. from Port Avenue westward. These neighborhoods showcased popular housing styles, including Minimal Traditional, Tudor, Four Square, Mediterranean, and Ranch. Most of these homes are wood construction,with a few that are masonry.Today these neighborhoods are predominantly Hispanic. After the passage of the Fair Housing Act in 1968, segregated housing was banned, and neighborhoods became integrated. Post-World War II development of Leopard St. was auto-focused, with shopping centers serving nearby neighborhoods, motor courts, auto sales and repair shops, and drive thru restaurants. Woodlawn Plaza and the Saxet Center on Leopard St. and the Buccaneer Plaza on Old Robstown Road were outdoor shopping centers close to residences and accessible by car. Unfortunately, these shopping centers have declined and have vacancies. However, the surrounding neighborhoods, which are between 50 and 80 years of age, remain viable, inspite of the Gulf coastal storms that frequent the city. There are opportunities for revitalization of the Leopard and Staple corridors and the Upper Westside neighborhoods, with local historic designations, potential tax incentive programs, and compatible infill development as stated goals in the city's newly adopted Historic Preservation Plan (June 2022). The update of the Westside Area Development Plan which promotes historic designation, and the Leopard and Staples Streets Corridor study are also underway.Additionally,the Unified Development Code is being updated to include a corridor zoning district that will implement a compatible mixed use, urban design UPPER WESTSIDE HISTORIC • standard along a corridor with buildings closer to the street and parking exemptions. This survey will lay the groundwork for future preservation and revitalization efforts. Although scattered sites in this area were surveyed in the 1990's and by TxDOT in 2012 for the Harbor Bridge project, a survey for this area is incomplete and requires updating. A consultant will be hired to undertake the survey, and the data, pictures and community history videos will be accessible through the City's "Landmark Commission Web Viewer (www.cctexas.com/landmark)." An ESRI Collector application of the Texas Historical Commission Survey Form was created for the survey. This platform, accessible through the internet, will facilitate the survey in the field via phone or laptop. Once uploaded the survey will be mapped instantaneously along with the site photography. A project website will host additional information including outreach opportunities, historical background, video/oral histories, and other reference materials. This data will provide the basis for future local, state, or national designations and potential incentives for preservation and rehabilitation efforts. � H., V=5raatln•n e� c .Upper Westsde Historic Resource Survey r. O c S ' Ur scull x II q, n, s uakE s w v c u e W tchester Place r.` e a o s� r %s� y. & .dnneagos a _ Oak Park an aftaa 57 `' uae � - - nrnFir9 JZ17 Corpus � Christi IIII ro s Wpoland Heighh'o ` NasuiwsRi UP Pi-, �aCcs on Addti3Y-"U S y r F S t Heights �„ upon si .Iran St t Villa G rd " - �44911t T L...Alt. PalllCourt aHighlapd ceX cm.r'.s, Bl R uff J G .n z - +Est la$ MoYft V taG m s Mus tt y 61ec Rt�al &I yb n'e€4t 4 estg t-H4ghts Compress ` ''w,rt'r.lartl Gi "L- F tW lr St uth BluMf. s cr - i b P m st - n, N r ,n r _u t 1: Map of Upper Westside Survey Area 4 UPPER WESTSIDE HISTORIC • Bibliography "About Hatch RV Park, Our History",www.hatchrv.com, November 7, 2022. Corpus Christi Times. "Shop on Leopard" advertisement, August 5, 1927, p. 8. Givens, Murphy. "Leopard was city's main street in 1930s and '40s," Caller Times, September 9, 2015. Givens, Murphy. Streets of Corpus Christi. Corpus Christi,Texas. Nueces Press. June 1, 2019. Insurance Maps of Corpus Christi,Texas. New York: Sanborn Map Company, 1906, 1909, 1914, 1919, 1919, 1927. Knight, Lila, Re-Evaluation of Proposed Leopard Street Historic District for Individual Section 4(f) Evaluation. Corpus Christi Harbor Bridge Project, Nueces County,Texas. Knight and Associates, Kyle, Texas. April 2013. McGregor Photograph Collection (digital). Corpus Christi Public Library. Fred Roberts Memorial Hospital, Leopard St. at Shell Rd., 3/19/1937;Temple Lumber Co., 3302 Leopard St. Mitchell, Richard E., Corpus Christi Harbor Bridge Reconnaissance Survey, Vol. I: Survey Report and Appendices A-D. Corpus Christi, Nueces County,Texas. Mead and Hunt, December 2012. Mitchell, Richard E., Corpus Christi Harbor Bridge Reconnaissance Survey, Vol. II: Appendix E, Field Survey Forms, Resources Nos. 10199e. Corpus Christi, Nueces County,Texas. Mead and Hunt, December 2012. Nueces County Appraisal District Records. Nueces County Plat Records. Victor, Sally S. 1991 Corpus Christi City-Wide Historic Site Survey, Phase 11,June 1991. Victor, Sally S. 1993 Corpus Christi City-Wide Historic Site Survey, Phase ILA,June 1993. Victor, Sally S. 1995 Corpus Christi City-Wide Historic Site Survey, Phase 11.13, April 1996. Victor, Sally S. 1997 Corpus Christi City-Wide Historic Site Survey, Phase II.C,July 1997. so �o Ilk o AGENDA MEMORANDUM v Public Hearing & First Reading Ordinance for the City Council Meeting 3/28/2023 Second Reading Ordinance for the City Council Meeting 4/11/2023 µCORPOR I 1852 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 10902 Interstate 37 (Up River Road) CAPTION: Case No. 1022-07 Arriba Development (District 1): Ordinance rezoning property at or near 10902 Interstate 37 (Up River Road), located along the north side of Interstate Highway 37 and along the west side of Sessions Road, from the "RS-6" Single-Family 6 District and the "CN-1" Neighborhood Commercial to the "RM-1" Multifamily and "RM-2" Multifamily Districts. (3/4 favorable vote required due to protest by surrounding owners) SUMMARY: The purpose of this rezoning is to allow for a 280-unit apartment community. BACKGROUND AND FINDINGS: The subject property is 14.63 acres. To the north, properties are zoned "RS-6" Single-Family 6 with a mobile home community. To the south, properties are zoned "CN-1" Neighborhood Commercial and are vacant. To the east and west, properties are zoned "RS-6" Single-Family 6 with low-density residential uses. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposes denial of the change of zoning and in lieu recommends approval of the "RS-6/SP" Single-Family 6 District with a Special Permit. Current Site Conditions: The subject property is located at the intersection of the Interstate 37 access road and Sessions Road. The subject property consists of approximately four acres of property zoned "CN-1" Neighborhood Commercial District and approximately 10 acres of property zoned "RS-6" Single- Family 6 District. In regard to access to the subject property, the approximate travel distance from the exit ramp of Interstate 37 to Sessions Road is 300 feet. Under optimal travel conditions and observance of speed limits, a driver has a 3-second window to travel across three travel lanes and slow to make a 90-degree angle turn at Sessions Road. The exiting of Session Road to enter Interstate 37 is a distance of approximately 90 feet. Similarly to the exiting scenario, under optimal conditions with a limited sight distance and observance of speed limits, a driver has a 1-second window to travel across three travel lanes and accelerate to the posted 75-mile-per-hour speed limit. City staff has added a requirement to a potential Special Permit that the developer consults the Texas Department of Transportation (TxDOT) for the installation of traffic delineators to prevent to/from access to Sessions Road to Interstate 37. The only other means of access to the subject priority is McKinzie Road. From the subject property to the McKinzie Road/Interstate-37 intersection is roughly 3/4 of a mile and traverses through residential neighborhoods. Sessions Road was originally constructed in 1966 and the last maintenance occurred in 2002 adding a new seal coat to the asphalt road. Sessions Road is a 43-foot right-of-way with a varying pavement section that does not exceed 20 feet in width. Additionally, Sessions Road does not have sidewalks and uses roadside ditches to manage drainage. Currently, Sessions Road has a Pavement Control Index (PCI) Score of 60 on a scale of 1-100. According to the City's Urban Transportation Plan (UTP), Sessions Road is a "Cl" Residential Collector Street that should have a 60-foot right-of-way with a 40-foot pavement section in addition to sidewalks with curbs and g utters. Traffic and Density: Due to the existing zoning of approximately four acres of property zoned "CN-1" Neighborhood Commercial District and approximately 10 acres of property zoned "RS-6" Single-Family 6 District if conditions remain the maximum density that could be constructed under the provisions of the Unified Development Code (UDC) would be 73 single-family homes within the 10 acres zoned "RS-6" District and 165 apartment units within the portion zoned "CN-1" Neighborhood District and totaling 238 dwelling units overall. Thus producing 1,801 average daily traffic trips (ADT), 610 AM peak hour trips, and 628 PM peak hour trips under the existing zoning scenario. A proposal of a Special Permit (SP) is described within the Staff Report to zone the entirety of the subject property (14 acres) to "RS-6/SP" Single-Family 6 District with a Special Permit. Under the conditions of the SP, the maximum density of the subject property overall would be limited to 280 apartment units. Thus producing 1,862 average daily traffic trips (ADT), 876 AM peak hour trips, and 915 PM peak hour trips under the proposed SP zoning scenario. The SP further requires the following: • Buffer Yard: A 10-foot-wide buffer yard and 10-buffer yard points shall be required along the property boundaries adjacent to single-family residential zoning districts or residential use. • Building Height: No multifamily or nonresidential structure shall be located nearer any property line adjacent to a single-family use or two-family use than a horizontal distance of twice the vertical height of the structure as illustrated below. The height shall be measured from the existing ground level to the plate. • Sessions Road: The applicant or subsequent owner will be responsible for the completion of Sessions Road to the "Cl" Collector Street standard of 60 feet of right-of-way and a 40-foot pavement section. The reconstruction of Sessions Road to City standards of a rural street section will include the following: paving of the street section, stormwater management, and the dedication of land. Completion and acceptance by the City of Sessions Road are required prior to the issuance of any building permits. • Interstate 37: The applicant or subsequent owner will be responsible for the coordination with the Texas Department of Transportation (TXDOT) of traffic delineators along the outside lane of the Interstate 37 access road to prevent access to/from Sessions Road to Interstate 37 on/off the access road. Advantages of the proposed Special Permit: • Allow the creation of additional residential dwelling units in the Northwest area of the City. • The reconstruction of Sessions Road on an expedited schedule rather than awaiting listing on the Capital Improvement Project (CIP) list. • The proposed 280 units would be dispersed over the entirety of 14 acres rather than a potential 165 units clustered in the first 4 acres currently zoned "CN-1" District. • Drainage and other site improvements will still be addressed at the time of platting. • The difference between the number of dwelling units that can be constructed under the current zoning versus the proposed SP is 42 units. Disadvantages of the proposed Special Permit: • The proposed apartment complex is adjacent to single-family residential neighborhoods on two sides. • The obvious traffic concerns will exist regardless of the rezoning, but an increase in density will present additional vehicle trips at a hazardous intersection or force to travel through existing neighborhoods as an alternate route. • Despite the reconstruction/improvement to Sessions Road, a rural street standard will maintain a 26-foot pavement section of roadside ditches. The lack of sidewalks would remain a condition of the roadway. According to the UTP, a pavement section of similar width should limit the amount of traffic to no more than 500 ADT. The proposed apartment complex will create 1,862 ADT in addition to the existing single-family neighborhoods. Conformity to City Policy The proposed rezoning is inconsistent with the Future Land Use Map, however, is consistent with many broader elements of the Comprehensive Plan. The Future Land Use Map proposes commercial uses. Public Input Process Number of Notices Mailed 39 within a 200-foot notification area 1 outside notification area As of December 2, 2022: I n Favor In Opposition 0 inside notification area 8 inside notification area 0 outside notification area 0 outside notification area Totaling 21.73% of the 200-foot notification area* is in opposition. The 20% rule is invoked. A super-majority (3/4 vote) will be required at City Council. *Created by calculating the area of land immediately adjoining the subject property and extending 200 feet therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area= Percentage of public opposition. ALTERNATIVES: 1. Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily District 2. District to the "CG-2/SP" General Commercial District with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the change of zoning from the "RS-6" Single- Family 6 District and the"CN-1" Neighborhood Commercial to the "RM-1" and "RM-2" Multifamily Districts in lieu thereof Approval of the "RS-6/SP" Single-Family 6 District with a Special Permit on November 30, 2022. Vote Count: For: 4 Opposed: 2 Absent: 3 Abstained: 0 Staff recommended denial of the change of zoning from the "RS-6" Single-Family 6 District and the "CN-1" Neighborhood Commercial to the "RM-1" and "RM-2" Multifamily Districts in lieu thereof Approval of the "RS-6/SP" Single-Family 6 District with a Special Permit on November 30, 2022. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report ZONING REPORT Case # 1022-07 Applicant & Subject Property City Council District: 1 Owner: Arriba Development, LLC Applicant: Urban Engineering Address: 10902 Interstate 37 (Up River Road) Location: Along the north side of Interstate Highway 37 and along the west side of Sessions Road Legal Description: 14.63 acres out of Tract 13-A, Assessor Map 138 Acreage of Subject Property: 14.63 acres Pre-Submission/Early Assistance Meeting: 06/24/2022 Zoning Request From: "RS-6" Single-Family 6 District and "CN-1" Neighborhood Commercial District To: "RM-1" Multifamily District and "RM-2" Multifamily District Purpose of Request: To allow for a 280-unit apartment community. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant Low-Density Residential North "RS-6" Single-Family 6 Mobile Home, Vacant Flood Conservation and High-Density Residential South "CN-1" Neighborhood Vacant Low-Density Residential Commercial East "RS-6" Single-Family 6 Low-Density Residential Medium Density Residential West "RS-6" Single-Family 6 Low-Density Residential Flood Conservation and Low-Density Residential Plat Status: The property is not platted. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Street H 37 Access F1 Access Road Access Road (Up River Road) Freeway/Expressway 2 Lanes 2 Lanes 40-feet (Paved) 40-feet (Paved) C1 2 Lanes 2 Lanes Minor Collector 60-foot ROW 44-feet ROW 40-feet (Paved) 20-feet (Paved) Sessions Road C1 Collector Street Maximum Capacity is 1 ,000 to 3,000 ADT Proposed Infrastructure Design Manual is 4,000 to 8,000 ADT Utilities Gas: 4" WS along Sessions Road. Stormwater: A stormwater ditch along the west side of Sessions Road. Wastewater: 10" VCP line along Sessions Road for Tract 2, a 10" VCP line transects Tracts 1 and 2, 10" VCP Line along the western property Line for Tract 1 . Water: An 8-inch PVC waterline runs along Sessions Road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Northwest Area Development Plan (Adopted on January 9, 2001). Water Master Plan: A 24" water line is proposed along Up River Road. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 39 within a 200-foot notification area • 1 outside 200-foot notification area In Opposition . 8 notices received in opposition totaling 21.73% opposition within the 200-foot notification area • 0% in opposition outside the notification area The 20% rule is invoked. A super- majority (3/4 vote) will be required at City Council. Public Hearing Schedule Planning Commission Hearing Date: November 30, 2022 City Council 1St Reading/Public Hearing Date: March 28, 2023 City Council 2nd Reading Date: April 11 , 2023 Comprehensive Plan (Plan CC) Consistency: The proposed rezoning is inconsistent with the following Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design o 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 Map Consistency: The proposed rezoning to allow for an apartment community, which would be high-density residential use, is inconsistent with the Future Land Use Map and would require an amendment: o Designated Future Land Use: Low-density residential. Traffic Data Table: ITE Code I Use Type Weekday I AM I PM Zoning Report Page 3 220 Apartments DU 6.65 0.51 0.62 210 SF Homes DU 9.52 0.75 1 240 Mobile Home DU 4.99 0.44 0.59 1-Day Study(Tues. 9/27/22) ADT AM Peak PM Peak 662 11 5 Arriba Development (Sessions Road) Data Zoning District Acreage UDC Density Max. Buildout ADT AM Peak PM Peak CN-1 (Existing) 4.47 37.00 165.39 1,099.84 84.35 102.54 RM-1 (Proposed) 5.77 22.00 127.01 844.59 64.77 78.74 RM-2 (Proposed) 4.38 30.00 131.37 873.61 67.00 81.45 Total 423.77 2,818.04 216.12 262.73 All Development Dwelling Units ADT AM PM Alt. ADT Commercial (CN-1) 165.39 1,099.84 84.35 102.54 1,099.84 Apartments 258.38 1,718.20 131.77 160.19 1,718.20 Existing Homes 163 1,492.87 118.22 157.67 662 Totals 586.77 4,310.91 334.34 420.40 3,480.04 ROW Information (Sessions Road-C1 Collector Street) Existing Standard ROW Width (feet) 43 60 Pavement Width (feet) 20 40 ADT Capacity 1,000-3,000 ADT Alt. ADT 4,000-8,000 ADT Alt. ADT Proposed @ Max. Build 143.70% 54% 44% Alternative#3 (Special Permit) 94.10% S4% 42% 35% As is today 109.81% °'0 41% 31% Alternative Scenario#3 (Special Permit) Zoning District Acreage UDC Density Max. Buildout ADT AM Peak PM Peak RS-6/SP 10.15 N/A 200.00 1,330.00 678.30 420.55 Existing Homes 163.00 1,492.87 118.22 157.67 Totals 363.00 2,822.87 796.52 578.22 As is today Zoning District Acreage UDC Density Max. Buildout ADT AM Peak PM Peak RS-6 10.15 7.26 73.70 701.66 526.24 526.24 CN-1 4.47 37.00 165.39 1,099.84 84.35 102.54 Existing Homes 163.00 1,492.87 118.22 157.67 Totals 402.09 3,294.37 728.81 786.45 Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis staff notes the following: o The Future Land Use Map recommends low-density residential which is at or below 3 d u/ac. o The proposed rezoning to "RM-1" and "RM-2" Multifamily Districts is a high-density residential use. o For Tract 1 (5.773 acres), the "RM-1" would allow for 13+ dwelling units per acre which is approximately 127 units. o For Tract 2 (4.397 acres) "RM-2" would allow for 13+ dwelling units per acre which is approximately 132 units. o Sessions Road is classified as a C1 Minor Residential Collector. C1 Collector Streets consist of a 60' ROW, 40' of pavement, and 2 lanes. Currently, Sessions Road only consists of 44' of ROW, 20' of pavement, and 2 lanes. o The subject property is adjacent to residential uses on two sides. o There is insufficient road infrastructure to support the traffic generated by the proposed development. The proposed development will generate approximately 2,800 additional average daily trips to the existing 1 ,500 trips generated by the existing neighborhood. o The maximum capacity of a C1 Collector Street is 3,000 average daily trips (ADT). The existing neighborhood and the proposed property at maximum buildout will create 4,300 ADT and therefore Sessions Road will be at over 140% capacity. o The site is not appropriate due to the incompatibility of surrounding uses. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends denial of the change of zoning in lieu of a Special Permit. Planning Commission and Staff Recommendation (November 30, 2022): Denial of the requested change of zoning in lieu thereof, Approval of the "RS-6/SP" Single-Family 6 District with a Special Permit and subject to the following conditions. 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is a multifamily apartment complex with a density not to exceed 280 dwelling units over the entire 14 acres owned by the applicant creating a density of 20 units per acre. 2. Buffer Yard: A 10-foot-wide buffer yard and 10-buffer yard points shall be required along the property boundaries adjacent to single-family residential zoning districts or residential use. Zoning Report Page 5 3. Building Height: No multifamily or nonresidential structure shall be located nearer any property line adjacent to a single-family use or two-family use than a horizontal distance of twice the vertical height of the structure as illustrated below. The height shall be measured from the existing ground level to the plate. 4. Sessions Road: The applicant or subsequent owner will be responsible for the completion of Sessions Road to the "Cl" Collector Street standard of 60 feet of right-of-way and a 40- foot pavement section. The reconstruction of Sessions Road to City standards of a rural street section and will include the following: paving of the street section, storm water management, and the dedicating of land. Completion and acceptance by the City of Sessions Road is required prior to the issuance of any building permits. 5. Interstate 37: The applicant or subsequent owner will be responsible for the coordination with the Texas Department of Transportation (TXDOT) of traffic delineators along the outside lane of the Interstate 37 access road to prevent access to/from Sessions Road to Interstate 37 on/off the access road. 6. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Attachment A: Zoning and Notice Area ATTACHMENT A: ZONING AND NOTICE AREA C..YaHfx T�'T�a+Yfx,� 2 a JB JECT i s k. - R -11 s- 6 •.kyr, 7 CG-2 cc CASE: 0922-94 .SUBJECT PROPERTY WITH ZONING ® ,E T .pr»�wT arat o IA SU®JEC a. -.x a tr r o.rao.r.+ ^� \ QT a 5rrr x 7''r &I xrw,r+me o 111 a.r-qtr ch wll wgRO o.ra t PFrRi-Y '4tr �a a �wtatorrin c w i.wk D—P.n . Dw, g C-0 1`iray&ate Cut GhYS T-IJ5llvs.fa/x M1Y OOLL9.-1 m corp..c—di a.Vo.a T-ie �,�.m.rrw.^t Nn�crt� �.il.+ .I I' 9 :_' Esr. ERE.CannIr.. a r.Twr,ieti.ce T-, C 4Hipi1* =:7ech nc nrv�r-cwrai�r k n�ci {`I'?l.11 LOCATION M=AP Zoning Report Page 7 ATTACHMENT B: Returned Notices (Property Owner 3) Pf rsons with disabilities plann�- �s meeting,who may require spe V. t tF Deva p(hent Services it 48 hours in advance at(36)826-3240.i ups ur -_P. la intention r.. _ —A en que requieren servicios esneciales.se les suuii -._-- en aviso 46 horas antes de la'unto Ilamanda al de a.:amento de servicios de desarrollo al numero 361 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri irse a la commission durante la juntay su ingl6s es limitado favor de Ilamar al de artamento de servicios de desarrollo al n6mero 361 826-3240 at menus 48 horas antes de la'unto para solicitar un interprete ser oresente durante la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0922-04 (1NFOR No. 22ZN1030) Arriba Development LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6"Single-Family 6 District to the"RM-1"Multi-Family District and"RM-2"Multi-Family District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as: A property located at or near 10902 Interstate Highway 37 Access Road and described as 14.63 acres out of Tract 13-A,Assessor Map 138,located along the north side of Interstate Highway 37,and west of Sessions Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday,November 30,2022, during one of the Planning Commission's regular meetings,which begins at 5:30 p.m. in the City Council Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.0. BOX 9277,CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. y NAME ] L /?LCOILl ADDRESS: _�7.3 ,gyp ��F S:L� s m,) LO% ��/ PHONE: -6 ".200 ( ) IN FAVOR (TQ IN APPOSITION C•G® -7X ._ 7NIO REASON: SIGNATURE SEE MAP ON RFVERSE SIDE INFOR Case No,22ZN1030 Case No,0922-64 Property Owner IDr.3 Case Manager Elena Buentello Lmail,.elenab@cctexas-Com 361-826-3598 ATTACHMENT B: Returned Notices (Property Owner 6) Persons with di, abildiFe olanninq , who may require special service,,,**�.�` ested to contact the Developmel advance at(361 826-3240-P incap LdA1s que tienen Is intenc16n oe aslsw a Data junta y qy i servicios .k=ciales,so °°p ie iso 48 horas antes de la junta Ilamando al de artamento de s, 6 de desarrollo al numei,.(3d!.j yz6-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dingirse a la commission durante la junta v su ingl6s es limitedo favor de Ilamar al departamento de servicios de desarrollo al numero(361)826-3240 al menos 48 horas antes de la junta para sglicitar un int6rprete ser presente durante is junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0922-04 (INFOR No. 22ZN1030) Arriba Development LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6"Single-Family 6 District to the"RM-1"Multi-Family District and"RM-2"Multi-Family District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as: A property located at or near 10902 Interstate Highway 37 Access Road and described as 14.63 acres out of Tract 13-A,Assessor Map 138,located along the north side of Interstate Highway 37,and west of Sessions Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit.Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday November 30,2022, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m. in the City Council Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.O. BOX 9277,CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Lews,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telepher- all or by letter. NAME: r r� VC ADDRESS: PHONE: ( .:) HN:rAVOR (,,�IN OPPOSITION REASON: �^� �---- SEE MAP ON REVERSE SIDE INFOR Case No..22ZN1030 Case No.0922-04 Property Owner ID.6 Case Manager:Elena Buentello Email:elenab@ccte)cas_com 361-826-3598 Zoning Report Page 9 ATTACHMENT B: Returned Notices (Property Owner 14) Pe ,with disabilities planning to a'tend this meeting,who may ren, I t °Trent Serv' `�- ast 48 hours in advance at1' 's. 'ntencid Ito y que re uieren servicios es eciales se le.su llca den aviso 48 horas ante&t.,,;,..a junta Ilamando al ut mento de gervicios de desarrollo,al n6mero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)B26-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante is junta y su ini es limitado, favor de Ilamar al departamento de servicios de desarrollo al n6mero(361)826-3240 al mencs 48 horas antes de la junta para solicitar un interprete ser presents durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0922-04 (INFOR No. 22ZN1030) Arriba Development LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6"Single-Famlly 6 District to the"RM-1"Multi-Family District and"RIl Multi-Family District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as: A property located at or near 10902 Interstate Highway 37 Access Road and described as 54.63 acres out of Tract 13-A,Assessor Map 138,located along the north side of Interstate Highway 37,and west of Sessions Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit.Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday, November 30,2022, during one of,the Planning Commission's regular meetings, which begins at 5:30 p.m. in the City Council Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,.SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.0. BOX 9277,CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. NAME M (� ADDRESS: 473 GL,fu1 S�, PHONE r 1 IN FAVOR ( IN OPPOSITION/�}, jj tl •�, REASON:—F' I C- is YJQc1 O01 S CSS�rSt/7S Sir l� ho >p c+lr,e�s�. f.o "IGNAT IRE SEE MAF ON REVERSE SIDE INFOR Case No.,22ZN1 D30 Case No,0922-04 Property Owner Int 14 Case Manager:Elena auentello Email:elenab@cctexas.com 361-825-3598 ATTACHMENT B: Returned Notices (Property Owner 22) Persons with disabilities olannina to attend this meetino the DF ment Services 48 f,•. que t. mention de aslsur a unto.-i horas `iunta Ilamando al departamento oe.-_.ricib _-- rrono,ai';umero(361)826-3240. If you wi:. ;ess the Commission during the meeting and your English is lim€ted, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su ingles es limitado favor de Ilamar ai departamento de servicios de desarrollo al numero(361)826-3240 al menos 48 horas antes de la junta para solicitar un interprets ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No, 0922-04 (INFOR No. 22ZN1030) Arriba Development LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6"Single-Family 6 District to the"RM4" Multi-Family District and"RM-2" Multi-Family District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as. A property located at or near 10902 Interstate Highway 37 Access Road and described as 14.63 acres out of Tract 13-A,Assessor Map 138,located along the north side of Interstate Highway 37,and west of Sessions Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday, November 30,2022, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m. in the City Council Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.O. BOX 9277,CORPUS CHRISTI,TEXAS 78459- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicantor appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. / �i NAME: AC1 ar_ f/9• /�L lc dly Z,AlC�!'A16U1 ADDRESS:�� �1 `id` fn,,12_zy � �7�Q PHONE. ( ? IN FAVr)R.. K.�INOPPOSITION REASONNO4:�"4L'L�/LlLt � a � , SIGNATURE SEE MAP ON REVERSE SIDt i INFOR Case No.22ZN1030/;..��® ,, n >JI�) Case No.0922-04 Property Owner ID:22 Gv ///iy,-ry/2 A,, Case Manager:Elena Bue.win Email elena4@cctexas y/ 361-826-3598 ^, ✓� c.�c-a�� �-�u �a� �f.�:,��,l�r�,�g-i �'cc�1 CU�.�Ct-� Zoning Report Page 11 ATTACHMENT B: Returned Notices (Property Owner 23) Persons with disabilities planning to attend this meeting,who may require special services, are requested to contact the DF dpment services Department at least 48 hours inncb at(361)8:.- 'n. `"' cidades, ua a ti, a intenclbn de asistir a e&ta iunta v que requuiR s�-r� ,los espe .oa' " oviso 48 horas de la junta Ilamando al deaartamento de seri- ' If you wish to address the Commission during the meeting and your crrghsh I, ,.mits p1c4,w .l the Development Services Department at(361)826-3240 at least 48 ho.jrs in advance to request an interpret present during the meeting. Si usted desea dlrigirse a la commission duran?e A junta y su ngles es limitado, favor de Ilamar al deaartamento de servicios de desarrollo al numero[36'f)826-3240 al menos 46 kora&antes de laui nta para solicitar un Int6rprete ser presente durance la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0922-04 (INFOR No. 22ZN1030) Arriba Development LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6" Single-Family 6 District to the"RM-1"Multi-Family District and "RM-2" Multi-Family District, res uitin9 in a change to the Future Land use Map.The property to be rezoned Is described as: A property located at or near 10902 Interstate Highway 37 Access Read and described as 14.63 acres out of Tract 13-A,Assessor Map 138,located along the north side of Interstate Highway 37,and west of Sessions Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andfor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 30,20225 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED duT,si NED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.O. BOX 9277,CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD k—om In accordance with than Planning Commission By-Laws,no discussion shall be held'by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter`. NAME. ADDRESS ✓ Q 3G 7 q l �1°c'1 t t PHONE: • ! ( IN FAVOR ( }IN OPPOSITION � 41 „// ,� r REASON: �d7s4j— G^?`�I�G" SIGNA i RE SEE MAP O/V REVERSE SIDF INFOR Case No 22ZN1030 Case No 0922-34 Property Owner ID:23 Case Manager.Elena Buentello Email:elenalo@Wexas com 367-826-3598 ATTACHMENT B: Returned Notices (Property Owner 26) .j I disabilities pla; meeting,who may require special serve ,ct the Development Services De, 'itrr- t 48 hours in advance at(361)826-3240.Per.:... . dot s, gue tienen la intenci6n de asistir a esta Lnta y nifo rang- ecWes se les suplica gue den aviso 48 horas antes de Is junta Ilamando al de artamento de servioios de desarrollc al Humero 361 1 If you wish to address the Commission during the meeting and your English is limited,please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri irse a la commission durante la junta y su inofes es limitado, favor de Ilamar al de artamento de servicios de desarrollo al numero 361 826-3240 al menos 48 horas antes de la junta pairs solicitar un intBrprete ser presente durante la junta CITYPLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0922-04 (INF'OR No. 22ZN1030) Arriba Development LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "R5-6"Sinnie-Family 6„District to the"RM-1"Multi-Famil District and"RM-2"Multi-Farrilly District, resulting in a change to the Future Land Use Map.The property to be rezoned Is described as: A property located at or near 10902 interstate Highway 37 Access Road and described as 14.63 acres out of Tract 13-A,Assessor Map 138,located along the north side of Interstate Highway 37,and west of Sessions Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday. November 30 2022 during one of the Planning Commission's regular meetings, which begins at 5:3_0 P.m• in the City Council Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O BOX 9277,CORPUS CHRISTI,TEXAS 79469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE. In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. NAME: iS� ldvh� ��otCf4� f-�r r� ADDRESS:_jQ 6d ag plQb vi,= (�Z) �rPHONE_ ���Q✓� ( ) IN FAVOR �10PPOSSIT-nN s�/ REASON: -'ITATURF SEE MAP ON REVERSE SIDE INFOR Case No.:22ZN1030 Case No.0922-04 P..,.:c rty Owner ID:26 Case Manager Elena 6uentelip Email',eienab@ootexascom 361-826-3598 Zoning Report Page 13 ATTACHMENT B: Returned Notices (Property Owner 27) PL ns with disabilities pial, 9 to attend th, o r /tact relopment Services Department at least• vu.s 91t Qu%, „• 4•k—, odes, � q la intenei6n de asist,ir a esta junta ly gue reouieren servicios esoeciales se Ce autatica quo den aviso 48 ham___ llamando al de artamento de servicios de deswmllo a!n rmero 361 826-3240. If you wish to alai. 1Ii 1fission during the meeting and your English is limited, please call the Development Services Department at(j. .:6-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dtrf lrse a la commission durance la •unta su i IEs es limitada- favor de Ilamar al �deoartamento de servicios a desarrallo al Humero 361 826 3240 al In 48 horas antes de la unto ora solicitor un int6rrete ser presents durance la junta CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0922-04 (INFOR No. 22ZN1030) Arriba Development LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-ti"Single-gamily 6 district to the"RM-1'° Multi-fiamil District and"RM-2"Mufti-Pamil District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or near 10902 Interstate Highway 37 Access Road and described as 14.63 acres out of Tract 13-A,Assessor Map 138,located along the north side of Interstate Highway 37,and west of Sessions Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning- The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 30 2022 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request- For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY ER( —A ANCJ MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O. BOX 9277,CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Plannin Commission --- &e- g t3y-Laws,no discussion,;hall be held by a mermber or members of this Commission with an applicant or appellant conceming an application or appeal,either at home or office,or in person, by telephone call or by letter. NAME. &-fe t L dt/�J�G ADDRESS �• .Si�frClfln ,(}I^11+C' PHONE: { ) IN FAVOR (ly/IN OPPC)SITION REASOEJ: �]�� SI ATURE SEE MAP ON REVERSE SIDE INFOR Case No 22ZN1030 Case N€ U922-64 Property Owner I❑ 27 Case Manager Elena euentero Email elenabacctexas cpm 381-826-3598 ATTACHMENT B: Returned Notices (Property Owner 29) flersons ", ities meeting,who may require sir_ se, -sted to . It& lir i. =rvicas ;, St 48 hours in advance at(361; ' '" ,. vn inca i We tieren la ita3nci6n de asistir a esta junta y que reguieren servicios a �a lea su lice ue den avisa 48 horas antes cls la,wita Ilamando aI departamento de servicios de deserrolla, al numero(361)626-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826.3240 at least 48 hours in advance to request an interpreter be present during the meeting Si usted desea diri irse a la commission durante la junta y su IngAs es limitado, favor de Ilatnar at de artamento de servicios de desarrollo al n6mero 361 826-3240 ad menos 48 horas antes de la junta para solicitar un int6rprete ser presente durance la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0922.04 (INFOR No. 22ZN1030) Arriba Development LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6" Sinsale-Famity 6 District to the"RM-1" Multi-Family District and "RM-2" Multi-Familly District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as- A property located at or near 10902 Interstate Highway 37 Access Road and described as 14.63 acres out of Tract 13-A,Assessor Map 138,located along the north side of Interstate Highway 37,and west of Sessions Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inc-onsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 30, 2022, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.O BOX 9277,CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. NAME: ; ADDRESS: /&] 3 tl _S�;fw r,'4,_ ���, -- PHONE if f-416 ^5-o IN FAVOP (yrrN OPPOSITION REASONU ' +[ ��+Prrni9� s�f� C�CrrticlrFt� IFa�xrx SIGN TIJR r_. SEE MAP ON REVERSE 5117E INFOR Case No-:22ZN1030 Case No,0922-D4 Property Owner 10 29 Case Manager Elena euenteilo Email:eIenab4Wctsxas.00m 361-926.3598 Case No. 1022-07 Arriba Development, LLC (District 1): Ordinance rezoning a property at or near 10902 Interstate 37 from the "RS-6" Single-Family 6 District and the "CN-1" Neighborhood Commercial District to the "RM-1" Multifamily District and the "RM-2" Multifamily District. (3/4 favorable vote required due to protest by surrounding owners). Providing for a penalty not to exceed $2,000 and publication. 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; 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 being 14.63 acres out of Tract 13-A, Assessor Map 138, as shown in Exhibit "A": From the "RS-6" Single-Family 6 District and the "CN-1" Neighborhood Commercial District to the "RM-1" Multifamily District and the "RM-2" Multifamily District. The subject property is located at or near 10902 Interstate 37 as shown in Exhibits A and C. Exhibits A and C, which are metes and bounds and Exhibits B and D, which are associated maps, are 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. 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 by a fine not to exceed $2,000.00 for each offense; 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter Page 2 of 3 PASSED AND APPROVED on this the day of 12023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 3 op URBAN ENGINEERING Job No. 31893.02.00 August 11,2022 Exhibit A 5.773 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes,for a 5.773 Acre Zoning Tract,(not based on an on-the-ground survey)out of Survey 419, Abstract 570,Nueces County, Texas; said 5.773 Acre Zoning Tract, being a portion of a 14.632 Acre Tract of Land, described as Tract II, in a Warranty Deed with Vendor's Lien from The BAS-O-MOORE Limited Partnership, a Texas limited partnership to Arriba Development,L.L.C., a Texas limited liability company,recorded in Document No. 2005024464,Official Public Records of Nueces County,Texas;the said 5.773 Acre Zoning Tract,being more fully described as follows: Commencing,at a point at the intersection of the North Right-of-Way line of Interstate Highway 37,a public roadway (R.O.W.Varies), and the West Right-of-Way line of Sessions Road, a public roadway(R.O.W. Varies),being the Southeast corner of the said 14.632 Acre Tract; Thence,North 08°58100"East,with the said West Right-of-Way line of Sessions Road and the East boundary line of the said 14.632 Acre Tract,735.55 Feet,for the Southeast corner and Point of Beginning of this Tract; Thence,North 46°11'31"West,over and across the said 14.632 Acre Tract, 667.36 Feet,to the West boundary line of the said 14.632 Acre Tract,for the Southwest corner of this Tract; Thence, North 00°41152" West, with the West boundary line of the said 14.632 Acre Tract, 220.75 Feet, for a Northwest corner of the said 14.632 Acre Tract and of this Tract; Thence, North 44°17'17" East, continuing with the West boundary line of the said 14.632 Acre Tract, 51.12 Feet (called 55.12 Feet),to the Southwest comer of a 5.0 Acre Tract out of the North end of the C.H.Gurinsky 25 Acre Tract,for a Northwest corner of the said 14.632 Acre Tract and this Tract; Thence, South 81°03'00"East,with the common boundary line of the said 5.0 Acre Tract and the said 14.632 Acre Tract,555.23 Feet,to the said West Right-of-Way line of Sessions Road,being the Southeast corner of the said 5.0 Acre Tract, for the Northeast comer of the said 14.632 Acre Tract and this Tract; Thence,South 08°58'00"West,with the said West Right-of-Way line,and East boundary line of the said 14.632 Acre Tract,640.76 Feet to the Point of Beginning,containing 5.773 Acres(251,464 Sq.Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are based on the said 14.632 Acre Tract of Land,described as Tract II,in a Warranty Deed with Vendor's Lien from The BAS-O-MOORE Limited Partnership,a Texas limited partnership to Arriba Development, L.L.C., a Texas limited liability company, as recorded in Document No. 2005024464, Official Public Records of Nueces County,Texas. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy.Also reference accompanying sket ct described herein. OF �E ... TF FRFa- URBAN ENGINEERING ox BRIAN DAVID LORENTSON A,pa6839�P�.� �(/ 9 '.°fss��•' O Brian D.Lorentson,R.P.L.S. S6*R%j � License No.6839 S:\Surveying\31893\C200E\OFFICE\METES AND BOUNDS\FN31893C20 _ - .Docx Page 1 of 1 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanen_g.com TBPE Firm# 145 •TBPLS Firm# 10032400 o� I rk �• ca `e ate',\- c °Ok ���Q o�c��G a� ^� of oy O� 5.0 Acre Tract o ��o`e�o5 r � C H North end of out the e Jo cb (0 nef'n Daniel 25 Acre Tract (Doc.O P.R.2016012669F--/C-n) c60)266gn) T. tiaNOa/O/r,j'Ra ���� S81-039 00"E 5 , • es Ao�e o-- moo° 55.23 (o O 80 0, w,,er •,Q , 9 t?/. 3 (O°c Ro/%0SO` th T Sg.3 )r, c� ° w OA • 20� <ta texs �p Q's,tic °3 J o N Zoning Tract O (RM-1) I 3 �F Z 5.773 Acres iD 251,464sf Block 3,/ 0 � Buena Vista Addition (p O^ Vol. 68, Pg. 179, Map 0,v Records of Nueces 3 d1 County, Texas A6+ a 03 �F�� / � � y1• O'�o \ 2s. 2A I 1.0 Acre out of Vidal YR Ayala 3.9 Acre Tract \ (Owner: Oscar and 00 Lot 1, Block 3, Lydia Mendoza) 66'J U) Buena Vista Addition. (Vol. 1657, Vol. 56, Pg. 148, Map Pg. 659, D.R.N.C.T.) "Point of Records of Nueces 397 Beginning" County, Texas 11 14.632AAcr cres out of g g out of Sure Tract m Nueces v57 ey 4/9, 10 L ces 0, v.• (Owner: Arriba County, Texas (n 11 9 DOC. No. 20050?4464,o F R N.C.C) I 8 � T) 1 / 7 Buena Vista Subdivision10 Vol. 17, Pg. 33, Ma� Records of Nueces County, Texas Lo 17 9 n 5 6 w ' Rerpai 4 14.632 ACder of o 3 8 out of Sure Tract 1•`an 2 Abstra vey 419, o �nterstO 1 7 Nue��wn ounty 7pexas z tLo Deve�o Arribo General Notes: (R O�v yi, 6 (DOC. No. 2005024464 0p' f C.) 1. 5.773 Acre Tract is located within the °reSWOy 3' 0.P R N 0 T j 4464 I City limits of Corpus Christi, Texas and a subdivision based on this G' sketch/description may be in violation of Sketch to Accompany the current City of Corpus Christi FIEGNOTES for a 5.773 Acre, Zoning Tract, subdivision ordinance. (not based on an on—the—ground survey) out "Point of of Survey 419, Abstract 570, Nueces County, Commencement" Exhibit B Texas; said 5.773 Acre, Zoning Tract, being out of a 14.632 Acre Tract of Land, described as DATE: AU.g. 11, 2022 Tract ll, in a Warranty Deed with Vendor's Lien URBAfl798QA SCALE: 1 =200' from The BAS—O—MOORE Limited Partnership, a JOB NO.: 31893.02.00 Texas limited partnership to Arriba Development, ENGINEERINSHEET: 1 OF 2 L.L.C., a Texas limited liabilitycompany, as TBPE nRu N0.145,iSPLS FIRM NO.100 P y 2725 SWANTNER OR,CORPUS CNR,SR,TX DRAWN BY: XG recorded in Document No. 2005024464, Official PHONE:351.854.3101 MWM.URBANENG Public Records of Nueces County, Texas. urbansurveyl@urbaneng.com 02022 by Urban Engineering URBAN ENGINEERING Job No. 31893.C2.00 August 11,2022 Rev.:January 23,2023 Exhibit C 8.859 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes,for a 8.859 Acre Zoning Tract,(not based on an on-the-ground survey)out of Survey 419, Abstract 570,Nueces County,Texas; said 8.859 Acre Zoning Tract, being a portion of a 14.632 Acre Tract of Land, described as Tract II, in a Warranty Deed with Vendor's Lien from The BAS-O-MOORE Limited Partnership, a Texas limited partnership to Arriba Development,L.L.C., a Texas limited liability company, as recorded in Document No.2005024464,Official Public Records of Nueces County,Texas;the said 8.859 Acre Zoning Tract,being more fully described as follows: Beginning,at a point at the intersection of the North Right-of-Way line of Interstate Highway 37,a public roadway (R.O.W.Varies), and the West Right-of-Way line of Sessions Road, a public roadway(R.O.W. Varies),being the Southeast corner of the said 14.632 Acre Tract and this Tract; Thence, North 68°34'06" West, with the common boundary line of the said North Right-of-Way line, the South boundary line of the 14.632 Acre Tract and this Tract,266.30 Feet; Thence,North 64°17'46"West,continuing with the said common boundary line, 118.10 Feet,to a point on the East boundary line of Lot 6,Block 1, Buena Vista Subdivision,a map of which is recorded in Volume 17,Page 33,Map Records of Nueces County,Texas,for the Southwest corner of this Tract; Thence, North 00°41'52" West, with the West boundary line of the said 14.632 Acre Tract, 1040.09 Feet, for the Northwest corner of this Tract; Thence, South 46°11'31"East, over and across the said 14.632 Acre Tract, 667.36 Feet, to the common boundary line of the said West Right-of-Way line and the East boundary line of the said 14.632 Acre Tract,for the Northeast corner of this Tract; Thence, South 08°58'00" West, with the said common boundary line, 735.55 Feet, to the Point of Beginning, containing 8.859 Acres(385,910 Sq.Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are based on the said 14.632 Acre Tract of Land,described as Tract II,in a Warranty Deed with Vendor's Lien from The BAS-O-MOORE Limited Partnership,a Texas limited partnership to Arriba Development, L.L.C., a Texas limited liability company, as recorded in Document No. 2005024464, Official Public Records of Nueces County,Texas. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety, in its original form,surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of tract described herein. OF pF URBAN ENGINEERING BRIAN DAVID LOREN.... °o6839�� Bran D.LoL'sonL.S. 9,y�FESs����0 License No.6839 SUR`l S:\Surveying\31893\C200E\OFFICE\METES AND BOUNDS\FN31893C200_20230123_RM-2.Docx Page 1 of I OFFICE: (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 • TBPLS Firm# 10032400 � I 0 0J� woy 0 cn�'���� 5.0 Acre Tr a2 of o� o' North act out of the o�;o��y� �o+ C. Gurinsk end of the Y 25 Acre 9,Tr actOwnerg4J oc' aC, Daniel FF� o. (Doc. Nocon) 201601 \e O.P�, .R.N.C.T.)o I QcQo o; � ory� N 01.0 1.0 Acre out of Vidal o p o Ayala 3.9 Acre Tract moo. c4 o o (Owner: Oscar and 5 �� (4j 2 G?o Lydia Mendoza) 14.632ACres out of I (Vol. 1657, out of Sucre Tract Pg. 659, D.R.N.C.T.) Nue Abstrocces tv5 419. (Do,. ow(owner. q�bo ounty, oexas e/oBuena Vista Addition No. 204 Block 3/ 05024464POPRN.CT.� 00 Vol. 68, Pg. 179, Mops� I �.v Records of Nueces 6+ co County, Texas jj. C �0� S `�j3 o y2A I � � N� Lot 1, Block 3, •�6'' Buena Vista Addition. I Vol. 56, Pg. 148, Map p Records of Nueces O County, Texas 11 � N 10 11 g .w Zoning Tract 8 46 (RM-2) Q 8.859 Acres I 7 Buena Vista Subdivision 10 385,910sf Vol. 17, Pg. 33, Ma� L0 Records of Nueces County, Texas 9 (` 5 6 4 c� 3 8 3 2 O General Notes: 1 � 7 1. 8.859 Acre Tract is located j 1n within the City limits of ht@r. Corpus Christi, Texas and a t0t subdivision based on this @ /♦♦/ sketch/description may be in (RAW. y�9lj 64 violation of the current City / k'Of. jjy y( ,, c4 of Corpus Christi subdivision est 3� 19 J06 {/� ordinance. Sketch to A ccom pany N68 FIELDNOTES for a 8.859 Acre Zoning Tract, x`34 0 "Point of (not based on an on—the—ground survey) out ' 63W 2 Beginning" Exhibit D of Survey 419, Abstract 570, Nueces County, 66 Texas; said 8.859 Acre, Zoning Tract, being a 30 REV: Jan. 23, 2023 portion of a 14.632 Acre Tract of Land, DATE: Aug. 11, 2022 described as Tract Il, in a Warranty Deed with URBAN SCALE: 1'=200' Vendor's Lien from The BAS—O—MOORE Limited JOB NO.: 31893.02.00 Partnership, a Texas limited partnership to ENGINEERING SHEET: 1 OF 2 2400 Arriba Development, L.L.C., a Texas limited ,ems F°"'N0 DR,CORPUS rnw NTL TX 740 p sns swu+mm ox,camas URBA nc sero. DRAWN BY: XG liability company, as recorded in Document No. PHONE 361.&U.3101 xww.uReutaaaOu 2005024464, Official Public Records of Nueces urbansurveylGurboneng.com County, Texas. 02023 by Urban Engineering Case No. 1022-07 Arriba Development, LLC (District 1): Ordinance rezoning a property at or near 10902 Interstate 37 from the "RS-6" Single-Family 6 District and "CN-1" Neighborhood Commercial District to the "RS-6/SP" Single-Family District with a Special Permit. (3/4 favorable vote required due to protest by surrounding owners). Providing for a penalty not to exceed $2,000 and publication. 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; 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 being 14.63 acres out of Tract 13-A, Assessor Map 138, as shown in Exhibit"A": From the "RS-6" Single-Family 6 District and the "CN-1" Neighborhood Commercial District to the "RS-6/SP" Single-Family 6 District with a Special Permit. The subject property is located at or near 10902 Interstate 37 as shown in Exhibit A. Exhibit A, which is a metes and bounds with associated map, is attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1. Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is a multifamily apartment complex with a density not to exceed 280 dwelling units over the entire 14 acres owned by the applicant creating a density of 20 units per acre. 2. Buffer Yard: A 10-foot-wide buffer yard and 10-buffer yard points shall be required along the property boundaries adjacent to single-family residential zoning districts or residential use. 3. Building Height: No multifamily or nonresidential structure shall be located nearer any property line adjacent to a single-family use or two-family use than a horizontal distance of twice the vertical height of the structure as illustrated below. The height shall be measured from the existing ground level to the plate. 4. Sessions Road: The applicant or subsequent owner will be responsible for the completion of Sessions Road to the "Cl" Collector Street standard of 60 feet of right- of-way and a 40-foot pavement section. The reconstruction of Sessions Road to City standards of a rural street section and will include the following: paving of the street section, storm water management, and the dedicating of land. Completion and acceptance by the City of Sessions Road are required prior to the issuance of any building permits. 5. Interstate 37: The applicant or subsequent owner will be responsible for the coordination with the Texas Department of Transportation (TXDOT) of traffic delineators along the outside lane of the Interstate 37 access road to prevent access to/from Sessions Road to Interstate 37 on/off the access road. 6. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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. 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. Page 2 of 3 SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of 12023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 3 IN URBAN ENGINEERING Job No. 31893.C2.00 November 11,2022 Revised:January 16, 2023 Exhibit A 14.678 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 14.678 Acre Zoning Tract, out of Survey 419, Abstract 570, Nueces County, Texas; and being the same 14.632 Acre Tract of Land,described as Tract II, in a Warranty Deed with Vendor's Lien from The BAS-O-MOORE Limited Partnership, a Texas limited partnership to Arriba Development, L.L.C., a Texas limited liability company, recorded in Document No.2005024464,Official Public Records of Nueces County,Texas;the said 14.678 Acre Zoning Tract,being more fully described as follows: Beginning, at a point at the intersection of the North Right-of-Way line of Interstate Highway 37, a public roadway (R.O.W. Varies), and the West Right-of-Way line of Sessions Road, a public roadway(R.O.W. Varies), being the Southeast corner of the said 14.632 Acre Tract and this Tract; Thence,North 68°26128" West, with the common boundary line of the said North Right-of-Way line and the South boundary line of the said 14.632 Acre Tract,278.48 Feet,to a TxDOT monument Found,for a corner of this Tract; Thence,North 64°31'21" West,continuing with the said common boundary line, 108.80 Feet,to a point on the East boundary line of Lot 6, Block 1,Buena Vista Subdivision, a map of which is recorded in Volume 17, Page 33,Map Records of Nueces County,Texas,for the Southwest corner of the said 14.632 Acre Tract and this Tract; Thence, North 00°44140" West, with the West boundary line of the said 14.632 Acre Tract, 1263.04 Feet, for a Northwest corner of the said 14.632 Acre Tract and of this Tract; Thence,North 44'14'40"East, continuing with the West boundary line of the said 14.632 Acre Tract,49.11 Feet,to the Southwest corner of a 5.0 Acre Tract out of the North end of the C.H. Gurinsky 25 Acre Tract, for a Northwest corner of the said 14.632 Acre Tract and this Tract; Thence, South 81'0 P26" East, with the common boundary line of the said 5.0 Acre Tract and the said 14.632 Acre Tract,556.80 Feet,to the said West Right-of-Way line of Sessions Road,being the Southeast corner of the said 5.0 Acre Tract, for the Northeast corner of the said 14.632 Acre Tract and this Tract; Thence,South 08°48'04"West,with the said West Right-of-Way line,and East boundary line of the said 14.632 Acre Tract, 1376.58 Feet to the Point of Beginning,containing 14.678 Acres(639,385 Sq. Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205, and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy.Also reference accompanying sketc act described herein. �E OF TF S TF;Q �y� URBAN ENGINEERING BRIAN. DAVID LORENTSON .......... ,o 'P <'• 683gw'� Brian D. Lorentson, P.L.S. oF� Q P 9d'O SUR` 0 License No. 6839 S:\Surveying\31893\C200E\OFFICE\METES AND BOUNDS\FN31893C200 20230116_OVERALL.DocxPage 1 of 1 OFFICE:(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenp,.com TBPE Firm# 145 9 TBPLS Firm# 10032400 Notes: Remainder of 6.6 II 1 2 Grid Bearings and Distances shown out of Surveys 304 MCKe hereon are referenced to the Texas and 418, Nueces County, le Coordinate System of 1983, Texas Texas Road South on the ZNorth42Ameriican Datum05, and are osodf (OwRainbow,utLtd)xas 5 0 Nortcreh Troct out of the 20 19 ° ti 1983(2011) Epoch 2010.00. (Record (File No. 912118, C H• sk end Of the _— ° Bearing/Distance) �D.R.N.C.T.) (0 Owner: Daniel F.Y 25 Acre Tr let 810 k 3 Awa (Doc. No. 2016012669 n) I 1 2 °to j O.P.R.N.C.T.) U) I U 2s �������� 'S81°03'00„E WL0 ro�°! 9/y gare ��. S81'01'26"E 556.80' �Oo��e.�8Q°o�%S 00t 18 17 ° z S f A t ya o�h 9 Sporf/°f S Io k 2 =LO o 207 Tek R3 60 ha,P I — v o33g2s Ra/p R� 1 2 o opbow Q) °i SNC T ton Block 3/ 2 3 Buena Vista Addition c� Blo k 1 Vol. 68, Pg. 179, Map I _ -- Records of Nueces \ County, Texas � 1 2 2A I 2s y � z co � Qo • o Lot 1, Block 3, I I �2 21 a ~ Buena Vista Addition. co Vol. 56, Pg. 148, Map mo U) Records of Nueces � Zoning Tract �0)c° County, Texas 14.678 Acres rj�_ 23 z 1.0 Acre out of Vidal'_. 639,385sf — u lOAyala 3.9 Acre TractP” �'- ° o, Q) Oscar and uIw 0) a- (Owner: z 9 Lydia Mendoza) vp �Fo o_ o (Vol. 1657, 11 ,0� ° c 8 Pg. 659, D.R.N.C.T.) •4?o o01� a� o 8� o 7 Buena Vista Subdivision 10 Vol. 17, Pg. 33, Ma� I Records of Nueces County, Texas 6 m g — — 3 8 0 2 ti.. cov� v /ht�rStQ 1 �� 7 .� °ro Q °ra N (ntQw zQ ° mom �9h m 0! 6co u) a Legend: vi vCO o o Z a a 0 0 O p TxDot Monument Found ��� 3 0 "Point of Sketch to Accompany 2j�sz8„w Beginning" Exhibit B FIELDNOTES for a 14.678 Acre Zoning Tract, out of Survey 419, Abstract 570, Nueces 6s.3 ; REV: Jan. 16, 2023 County, Texas; and being the same 14.632 DATE: Nov. 4, 2022 Acre Tract of Land, described as Tract II, in a SCALE: 1„=200' Warranty Deed with Vendor's Lien from The URBAN JOB NO.: 31893.02.00 BAS—O—MOORE Limited Partnership, a Texas SHEET: 1 OF 2 limited partnership to Arriba Development, ENGINEERING DRAWN BY: XG L.L.C., a Texas limited liability company, TOPE FlOAI N0.145,MORNS FRN+N0.'OTn2 00 urbansurveyl@urbaneng.com recorded in Document No. 2005024464, Official 27P+a+E e+w..s;01 S S +acaa Public Records of Nueces County, Texas. ©2023 by Urban Engineering Zoning Case 1022-07 'NCKlN2/E'T��1 Arriba Development DISTRICT 1 C 5/I VERrONCR'n Rezoning for a property at ' 10902 IH 37 (Up River Road) GRANO..TErON Oq 1 From "RS-6" and "CN-1" to "RM-1" AND "RM-2" � pAem JECT = 4 '� FPROPERTY h`".'Y cy �ULIANNa OR SUBJECT\ COI�JII PROPERTY Christ Ai� Rohstw:n of Cit C/ 7 ( � (hircti LA HEEL � LOCATION MAP LH J)9C�,E334C � I 4CC City Council o '�C�fTTOLN' .../~Ji4C March 28, 2023 Zoning and Land Use "yCHiNZiE RO N Proposed Use: Apartment Complex e° �RgNo.r Area Development Plan: E ONOR Northwest (January 9, 2001) asNf�oR Future Land Use Map: Low-Density Residential �G-2 (Up to 3 dwelling units per acre) suerE,er POPE • CG-2 Existing Zoning: RM "RS-6" Single-Family 6 District 7-26-22 Adiacent Land Uses: MCHSy�6J • North: Mobile Home Park (Zone: RS-6) EN7iE TpiN�JTggMP 11-17-07-0 • South: IH 37 6-2"9 • East: Low Density Residential (Zone: RS-6) /NJrq�C "�"`''• "'��,,. "�� "'-' • West: Low Density Residential (Zone: RS-6) 4CC 1@41143 2-27-79 JZ�bP CCE3d Public Notification 39 Notices mailed inside 200' buffer 4 Notice(s) mailed outside 200' buffer X RJON OR P� S GRAND J ONpR Notification Area 17 A ASHLEYp Opposed: (21 .73%) 35 393 Separate Opposed Owners. 8g 36 XPRO ER7Y LLANNA DR 3 34 33 12 In Favor: 0 (0.00%) R�FgRp 11 1.. Fr 9 ONENb 2 The 20% rule is invoked. A super-majority will be required for City Council approval. "Notified property owner's land in SQF/Total square footage of all property in the notification area = Percentage of public opposition. ' • • • {/100 ,.,., �,��; •� � �. Road Apl& Not- ., +� ,•v � PROPERTY � '� r�w ,,. ,� f� , +Ri a c. r • Analysis and Recommendation • The Future Land Use Map recommends low-density residential which is at or below 3 du/ac. • The proposed rezoning to "RM-1" and "RM-2" Multifamily Districts is a high-density residential use. • For Tract 1 (5.773 acres), the "RM-1"would allow for 13+ dwelling units per acre which is approximately 127 units. • For Tract 2 (4.397 acres) "RM-2"would allow for 13+ dwelling units per acre which is approximately 132 units. • Sessions Road is classified as a C1 Minor Residential Collector. C1 Collector Streets consist of a 60' ROW, 40' of pavement, and 2 lanes. Currently, Sessions Road only consists of 44' of ROW, 20' of pavement, and 2 lanes. • The subject property is adjacent to residential uses on two sides. • There is insufficient road infrastructure to support the traffic generated by the proposed development. The proposed development will generate an approximately 2,800 additional average daily trips to the existing 1,500 trips generated by the existing neighborhood. • The maximum capacity of a C1 Collector Street is 3,000 average daily trips (ADT). The existing neighborhood and the proposed property at maximum buildout will create 4,300 ADT and therefore Sessions Road will be at over 140% capacity. • The site is not appropriate due to the incompatibility of surrounding uses. PLANNING COMMISSION AND STAFF RECOMMENDATION: Denial of the rezoning request, in lieu approval of the "RS-6/SP" Single-Family 6 District with a Special Permit. Special Permit Conditions "RS-6/SP" Single-Family District 6 with a Special w •. Permit Use:280 multifamily dwelling units maximum. — � • Buffer Yard:A 10-foot-wide buffer yard and 10- ��- buffer yard points shall be required along the property boundaries adjacent to single-family = e - F r %� w• residential zoning districts or residential use. Building Height: Must abide by the 1:2 setback. Sessions Road:Theapplicant or subsequent w K . ,4 0 --` ' -• owner will be responsible for the reconstruction of Sessions Road to the°C1"Collector Street ' standard of 60-feet of right-of-way and a 40-foot pavement section.The reconstruction of Sessions ' . ` .,k "„t Road to City standards of a rural street section and a ” will include the following: paving of the street _ section,storm water management,and the .,„ dedicating of land.Completion and acceptance by the City of Sessions Road are required prior to the • - issuance of any building permits. Interstate 37:The applicant or subsequent owner a will be responsible for the coordination with the - Texas Department of Transportation(TXDOT)of traffic delineators along the outside lane of the n Interstate 37 access road prevent access to/fro I to prev m Sessions Road to Interstate 37 on/off the access road. Sessions Road - Sessions Road Existing Conditions: 9 43' ROW/20' pavement 1 • Roadside Ditches - • No Sidewalks PCI Score: 60 • Constructed: c. 1966 °= • Seal Coated: c. 2002 • 1/4 mile of Sessions Rd. frontage '4 ' Urban Transportation Plan: C1 Collector Street • 60' ROW/40' Pavement • Sidewalks and Curb/Gutter Li • Max. Capacity 3,000 ADT Sessions • • Y Mw " SUBJE T s m!` PROPERTY a { Exit . R 'ni. '_ S Roa. e.Ssi µ ate � Reaction Time Time= Distance/Speed a009 �o �aaao Gaoad 22, �o aagrraaaa Ramp err ;r AIR y�1 !a f f� S aaaoada o WON mph aacoDnd o 22705 mph 9 • • • Extension •l f _y / '. ��'s ,+s n'•-.liar � 7 4 l5"���'"-,�'�;�� Mr � , r► ��;�- r r ROad ,� '� ,- »SUBJECT � �� c �r _ `•�,���� ,�,�;,�,�,� � _ ROME b t w '� J �k9. •��n / Cw Traffic Data , ' Use Type Weekday AM PM Existing Standard ®' Apartments DU 6.65 0.51 0.62 •O 43 60 ®' SF Homes DU 9.52 0.75 1 20 40 ®' Mobile Home DU 4.99 0.44 0.59 1,000-3,000 ADT ADT AM Peak PM Peak 143.70% 662 11 5 ROW Information(Sessions Road-C1 Collector Street) Existing Standard ROW Width(feet) 43 60 Pavement Width (feet) 20 40 ADT Capacity 1,000-3,000 ADT Alt.ADT 4-8k C1 Pape Alt.ADT 8k Proposed @ Max. Build 143.70% 116% 54% 44% Special Permit 111.83% 84% 42% 32% Asistoday 109.81% 82% 41% 31% 11 Traffic Data • Acreage UDC Density Max. Buildout ADT AM Peak PM Peak 4.47 37.00 165.39 1,099.84 84.35 102.54 5.77 22.00 127.01 844.59 64.77 78.74 4.38 30.00 131.37 873.61 67.00 81.45 Total 423.77 2,818.04 216.12 262.73 Special Permit Scenario Zoning District Acreage UDC Density Max. Buildout ADT AM Peak PM Peak Alt.ADT RS-6/SP 14.62 N/A 280.00 1,862.00 949.62 588.76 1,862.00 Existing Homes 163.00 1,492.87 118.22 157.67 662 Totals 443.00 3,354.87 1,067.84 746.43 2,524.00 As is today(Without Rezoning) Zoning District Acreage UDC Density Max. Buildout ADT AM Peak PM Peak Alt.ADT RS-6 10.15 7.26 73.70 701.66 526.24 526.24 701.66 CN-1 4.47 37.00 165.39 1,099.84 84.35 102.54 1,099.84 Existing Homes 163.00 1,492.87 118.22 157.67 662 Totals 239.09 1,801.50 610.59 628.78 1,801.50 12 o DR r . ` WWW t w � GRAND TE TON pR R ASHLEYD v r x v d� I R }Ialul N x�l q 4 w �K I CAVE■ 1022-07 Aerial View - s Subject Property SUBJECTS F J��FuI eo�P/�„t f Tt PROPERTY C �1� .r.■ m j H �UA R IV @.r A ►.��i 7 LL z City of Esri,HERE,Garmin, Corpus I,-,town Tr Christi eoTechr LOCATION MAP so �o o� A v AGENDA MEMORANDUM WoRPORPg4 Public Hearing/1 sc Reading for the City Council Meeting of March 21 , 2023 1852 Public Hearing/2nd Reading for the City Council Meeting of March 28, 2023 DATE: March 3, 2023 TO: Peter Zanoni, City Manager THRU: Constance Sanchez, Chief Financial Officer constancep@cctexas.com (361) 826-3189 FROM: Linda Stewart, Neighborhood Services Director lindas2@cctexas.com (361) 826-3862 Public Hearing and Ordinance for the Acceptance of the HOME-ARP Allocation Plan to the U.S. Department of Housing and Urban Development for Implementation of the HOME Investment Partnerships Program —American Rescue Plan to Serve Persons who are Homeless, At-risk of Homelessness, and other Special Populations CAPTION: Ordinance authorizing and approving a Substantial Amendment to the Corpus Christi FY2022/PY2021 Consolidated Annual Action Plan for the U.S. Department of Housing and Urban Development and approval of the Corpus Christi HOME-ARPA Allocation Plan. SUMMARY: The U.S. Department of Housing and Urban Development (HUD) has awarded the City of Corpus Christi $4,213,937.00 of HOME Investment Partnerships Program (HOME) funds from the American Rescue Plan Act of 2021 (ARP). The use of funds requires a HUD-approved HOME- ARP Allocation Plan. The plan details how the City will administer $4,213,937 in HOME-ARP funds. BACKGROUND AND FINDINGS: The American Rescue Plan Act of 2021 appropriated $5 billion to be allocated by formula to communities that qualify for the HOME entitlement allocations. The City of Corpus Christi is a HOME participating jurisdiction, and its HOME-ARP allocation is $4,213,937.00. This is one-time funding and is in addition to the annual entitlement allocation the City receives from HUD. The HOME-ARP funds expenditure deadline is September 2030. The City has received the award notice from HUD, but HOME-ARP funds will be disbursed to the City on a reimbursement basis. HUD will release up to five percent of the total allocation, on a reimbursement basis, for planning and needs assessment activities. On March 22, 2022, the City authorized acceptance and appropriation of$4,213,937.00 from the U.S. Department of Housing and Urban Development for implementation of the HOME Investment Partnership Program —American Rescue Plan; and amending the operating budget for FY 2021- 2022 to increase expenditures from the HOME Grants Fund. The City is required to submit a HOME-ARP Allocation Plan to HUD for program implementation before the full allocation can be accessed. City Council's approval of the HOME-ARP Allocation Plan as a substantial amendment to the HUD FY 2021 Consolidated Annual Action Plan will be necessary. The requirements for the HOME-ARP Allocation Plan were extensive and heavily focused on consultations with service providers and public participation. Also, the plan is required to have a needs assessment and gaps analysis. The plan identifies how funds will be allocated to projects based on the priorities identified through the planning process. HOME-ARP funds are required to serve individuals or families who are homeless, at-risk of homelessness, fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking, and other populations where providing supportive services or assistance would prevent the family's homelessness or serve those with the greatest risk of housing instability, and veterans and families that include a veteran family member that meets one of the preceding criteria. HOME-ARP funds can be used for four eligible activities including the production or preservation of affordable housing, tenant-based rental assistance (TBRA), supportive services, and the purchase or development of non-congregate shelters for individuals and families experiencing homelessness. Throughout the consultations, the need for supportive services and TBRA were identified as priority needs. The City will fund these activities to meet those needs. The City will use a formal application process for soliciting applications for funding. Funding will be allocated through a competitive process open to all nonprofit organizations serving qualifying populations. ALTERNATIVES: City Council can choose to not accept the HOME ARP Allocation plan. Denying the plan will default the $4,213,937 HOME ARP allocation. FISCAL IMPACT: The City will receive $4,213,937.00 in federal funds to implement the HOME-ARP program. Funding Detail Fund 9045 HOME Grants Organization/Activity: 480022F HOME ARP Mission Element: 132 Revitalize and Stabilize Neighborhoods Project # (CIP Only): N/A Account: Various RECOMMENDATION: Staff recommends accepting the HOME-ARP Allocation Plan to solicit applications for funding for the priority needs activities identified in the plan. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance authorizing and approving a Substantial Amendment to the Corpus Christi FY2022/PY2021 Consolidated Annual Action Plan for the U.S. Department of Housing and Urban Development and approval of the Corpus Christi HOME-ARPA Allocation Plan Whereas, on March 22, 2022, the City Council enacted Ordinance No. 032701 accepting and appropriating a grant of $4,213,937.00 from the U.S. Department of Housing and Urban Development ("HUD") for the HOME Investment Partnership Program- American Rescue Plan Act funds ("HOME-ARPA"); Whereas, these HOME-ARPA funds are to be used by the City to assist homeless persons, persons at risk of homelessness, persons fleeing domestic abuse, sexual assault victims, human trafficking victims or other persons in need of assistance as further outlined in the HOME-ARP grant guidelines; and Whereas, before the City can access any of the HOME-ARPA grant funds, the City must consult with Continuum of Care agencies serving the City's geographic area, homeless and domestic violence service providers, veterans' groups, public housing agencies, social services groups, public and private organizations that address fair housing, civil rights, and the needs of persons with disabilities in the area to develop a HOME-ARPA Allocation Plan; Whereas, on March 5, 2023, the City published notice in the Corpus Christi Caller Times that it was making the City's HOME-ARP Plan available for public review and comment for at least 15 days and that two public hearings on the HOME-ARPA Plan would be held on March 21 , 2023 and March 28, 2023; Whereas, the City Council has determined that the Substantial Amendment to the City's FY2022/PY2021 Consolidated Annual Action Plan ("CAAP") for the HOME-ARPA Allocation Plan is in the best interest of the city and will serve the public health, safety, necessity, convenience and the general welfare of the citizens of Corpus Christi, Texas. Now, Therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City's FY2022/PY2021 Consolidated Action Plan for the U.S. Department of Housing and Urban Development be amended by adopting the City of Corpus Christi HOME-ARPA Allocation Plan attached hereto and incorporated herein by reference as Exhibit "A." Section 2. Public Hearings were held to receive public input on the Corpus Christi HOME-ARPA Allocation Plan on March 21 , 2023 and March 28, 2023 following notice published in the Caller Times. Section 3. The City Manager or the City Manager's designee is authorized to submit the City's HOME-ARPA Allocation Plan to HUD for review and approval. 1 Section 4. The City Manager or the City Manager's designee is authorized to execute funding agreements and all other documents necessary to implement the Substantial Amendment to the FY2022/PY2021 Consolidated Action Plan with the HOME-ARPA Allocation Plan attached hereto as Exhibit "A." That the foregoing ordinance was read for the first time and passed to its second reading on this the of , 2023. Paulette Guajardo Everett Roy Roland Barrera Dan Suckley Gil Hernandez Sylvia Campos Michael Hunter Jim Klein Mike Pusley That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Everett Roy Roland Barrera Dan Suckley Gil Hernandez James Klein Michael Hunter Sylvia Campos Mike Pusley PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 u AWA CORPUS CHRISTI NEIGHBORHOOD SERVICES HOME ARP Allocation Plan City Council March 21, 2023 I HOME-ARP Award • From the American Rescue Plan Act of 2021 (ARP), the U.S. Department of Housing and Urban Development (HUD) awarded $4,213,937 to the City • Funds have been awarded through the HOME Investment Partnerships Program (HOME) • This is a one-time funding allocation • Funds are in addition to the City's regular annual allocation of HOME funds • Like the annual HOME allocation, this is a reimbursement program • HUD released up to five percent of the funding for planning and administrative purposes on a reimbursement basis • Funds must be expended by September 2030 HOME-ARP Uses a M • Funds are required to decrease homelessness and increase housing stability • There are four eligible activities: • Development and support of affordable housing • Tenant-based rental assistance (TBRA) • Supportive services • Acquisition and development of non-congregate shelter • Uses of the funds must agree with the needs identified through the required planning process I HOME-ARP Beneficiaries • HOME-ARP funds must be used to benefit the following qualifying populations: • Persons who are homeless • Persons at risk of homelessness • Those fleeing or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking • Other populations where providing supportive services or assistance would prevent the family's homelessness or serve those with the greatest risk of housing instability HOME-ARP Process fl, anus caaisn • Award made from HUD • HUD providing rules, regulations and implementation guidance • Acceptance of the funds by the City • Development of the HOME-ARP Allocation Plan • Submission of the plan to HUD for approval • Allocation of funds to project for implementation HOME-ARP Planning • City accessed up to five percent of the total award for planning and administrative activities to develop the HOME-ARP Allocation Plan • Development of HOME-ARP Allocation Plan included extensive public participation, a needs assessment and a gaps analysis • City's public participation process included: • Required consultations • Required public hearings • Survey • Acceptance of written comments HOME-ARP Public Participation ''I • Throughout the consultations, the need for supportive services and TBRA were identified as priority needs. The City will fund these activities to meet those needs. The City will use a formal application process for soliciting applications for funding. Funding will be allocated through a competitive process open to all nonprofit organizations serving qualifying populations. • Y60 f 0 0 rpus Christi t� 4' u. f �s t `opus CyRs i o -4 .�. � } 1 m k � Y852 The City of Corpus Christi HOME ARP Draft Allocation Plan City of Corpus Christi HOME-ARP Allocation Plan In 2021,the Department of Housing and Urban Development(HUD) allocated the City of Corpus Christi $4,213,937 in HOME funds through the American Rescue Plan Act(ARPA). The HOME- ARP funds are intended to serve primarily people experiencing homelessness or at risk of homelessness. Funds can be used on a range of activities to support this population with housing stability including rental assistance, non-congregate shelter, affordable housing development, and supportive services. The City sought a range of stakeholder input and compiled community data in development of this plan. Consultation Before developing its plan, a PJmust consult with the CoC(s)serving the jurisdiction's geographic area, homeless and domestic violence service providers, veterans' groups, public housing agencies (PHAs),public agencies that address the needs of the qualifying populations, and public or private organizations that address fair housing, civil rights, and the needs of persons with disabilities, at a minimum. State PJs are not required to consult with every PHA or CoC within the state's boundaries; however, local PJs must consult with all PHAs (including statewide or regional PHAs) and CoCs serving the jurisdiction. Summarize the consultation process: City staff held calls,virtual and in-person meetings with the Texas Balance of State Continuum of Care (CoC) that covers Corpus Christ, domestic violence provider agencies, agencies that serve persons with disabilities,public housing authority leadership, homeless service provider agencies, a local worship center serving black,indigenous and persons of color,and public agencies to discuss gaps in services and their priorities for the funding. A survey was distributed widely to community groups including the following: CoC membership agencies, domestic violence task force agencies, homeless veteran working group agencies, faith based organizations, public housing authority, and all social services and affordable housing agencies funded by the City of Corpus Christi. List the organizations consulted, and summarize the feedback received from these entities. Agency/Org Type of Method of Feedback Consulted Agency/Org Consultation Homeless Issues Local CoC Agency Presentation at Case management and other Partnership regular meeting. supportive services to see clients through to stabilization is lacking. There is great need for mental health services and substance use disorder treatment. Rental assistance until a public housing voucher is available is needed. 1 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment The Purple Door Domestic Violence Phone call Reports the needs to be TBRA and Shelter Supportive Services. Can serve 75- 100 households each year with TBRA and Supportive Services. The Purple Door doesn't want to own housing. The Salvation Army Local homeless Phone call Homeless prevention is a priority. shelter and service TBRA is a priority. PSH is a provider priority. Additional case management for longer periods of time is required for chronically homeless to be success. Supportive services in addition to case management is a priority. Corpus Christi Local PHA In person PHA is not currently developing Housing Authority meeting additional permanent affordable housing units but has considered creating transitional units. City of Corpus Government Fair In person Providing homeless prevention Christi Fair Housing Housing Officers consultation services and rapid rehousing for Unit those being evicted are priority. Assistance with knowing their rights and where to go for help and answers is a priority. Endeavors Veterans Services Phone call Veterans are facing housing instability. Housing and support services are needed by Veterans. New Life Refuge Child sex trafficking Phone call Children served are not considered Ministries treatment homeless in their care. Coastal Bend Center Provides services to Phone call Permanent supportive housing and for Independent persons with TBRA are priorities. Current Living disabilities HOME TBRA recipient. Corpus Christi Hope Local homeless Phone call Lack of affordable housing, wait House shelter and service list to get into public housing or provider Section 8, staff capacity and wait time for services for larger size of households. Nueces Center for Provides services to Phone call Supportive services, TBRA and Mental Health and those needing PSH are priorities. Needs include Intellectual assistance with affordable housing, cost and Disabilities mental and startup costs, shelter options,low- behavioral health barrier shelters, shelter with medical options, and follow up care. Texas Balance of CoC Phone call and Provided the CE prioritization State Continuum of email standards for CoC programs and Care 2 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment referred to Point In Time (PIT) resources and local providers. Corpus Christi Police Public Agency—law Meeting Lack of rental assistance and Department enforcement supportive services are a need. Services that keep people in shelters and housing are needs. Coastal Bend Aging Aging and Disability Phone Call Lack of adequate supply of and Disability Organization shelters, affordability, supportive Resource Center services,accessible and integrated housing to meet the needs of seniors and people with disabilities. Corpus Christi Fair Public Agency—fair Meeting Needs are the availability of Housing Compliance housing compliance affordability housing, availability Unit of accessible units, geographic distribution of available units, education, rental assistance, supportive services during job training or education that include rent, child care and transportation. Nueces County Government Agency Phone call and Not enough affordable housing, Department of Social on Social Services email focus on prevention of evictions Services and utility disconnections. Supportive services are a priority need. Texas Department of State Agency on Phone call and Lack of affordable housing, Housing and Housing email affordability of local rents and Community Affairs staff capacity for agencies who receive state department funds. Wenholz House Transitional House Phone call Filled to maximum capacity. No Support for wait list and strong partnerships Substance Abuse with Cenikor and Nueces Center Recovery for Mental Health and Intellectual Disabilities. Brooks AME Faith Based Church Meeting Slum and Blight due to Harbor Worship Center BIPOC Bridge Realignment, lack of investment in Hillcrest neighborhood area for affordable housing, supportive services and infrastructure. Corpus Christi Public School Meeting Immediate services needed for Independent School District emergency food,hotel emergency District assistance, substance abuse treatment. Shelter and medical assistance for minors. Supportive services are a priority need. 3 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment Christus Spohn Hospital System Meeting Affordable Housing, supportive services, street outreach, transitional housing or hospice, respite care or hospital step-down. Choice Living Provide services to Phone Call TBRA and supportive services Community persons with identified as priority needs. Disabilities Health and Human Public agency Phone Call Transitional supportive services Services Commission services to persons identified as priority needs. with Disabilities Bloomberg Harvard Various services Stakeholder Gaps exist within the existing Innovation Track providers,homeless groups, in person system for providing adequate persons, residents, street interviews, access to services and access to and business owners meetings housing. Community Groups Various community Survey Priority populations in order are Response to groups including persons who are homeless, persons Homelessness service providers, who are at-risk of homelessness, Survey government persons who are fleeing, or agencies, business attempting to flee, domestic owners and violence, dating violence, sexual community assault, stalking, or human members trafficking, and other households who require services or housing assistance to prevent homelessness. Number one priority assistance was supportive services. Tied for second are TBRA and production or preservation of housing and third is purchase and development of non- congregate shelter. Various Civil CASA, American Various attempts Affordable housing and shelter Rights Groups GI Forum, National to make contact needs. Supportive services Association for the with groups. identified as priority need. Advancement of Responses received from The Colored People, Mosaic Project of South Texas and The Mosaic Project Coastal Bend Pride Center. of South Texas and Coastal Bend Pride Center Coastal Bend Social Service Phone Call Transitional housing is a need. Wellness agency Supportive services identified as a Foundation priority. Summarize feedback received and results of upfront consultation with these entities: Continuum of Care The Texas Balance of State Continuum of Care provided their prioritization standards for Coordinated Entry which identifies where the CoC believes the greatest need to be. During the 4 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment development of the plan, the CoC made the decision to revert to pre-COVID priorities. The CoC Rapid Re-housing priorities, in priority order, are those with the highest service needs, households sleeping in an unsheltered sleeping location, households with the longest history of homelessness and households with the earliest enrollment date in HMIS or HMIS-comparable database. For Permanent Supportive Housing, the CoC prioritizes, in order or priority, chronically homeless individuals and families with the longest history of homelessness and with the most severe service needs, chronically homeless individuals and families with the longest history of homelessness, chronically homeless individuals and families with the most severe service needs and then all other chronically homeless individuals and families. The CoC deferred to local service providers for the best information on local gaps in services. The local CoC partner identified gaps with case management, substance use disorder treatment, mental health services. Homeless Services Providers Homeless service providers overall reported shelter and staff capacity issues, affordable housing, supportive service needs, non-congregate shelter needs, shelter space for people unable to ambulate or use facilities without assistance, homeless prevention, and TBRA. Additionally, transitional housing waiting lists for public housing and Section 8,job skills training deficit, social services waitlist dependent on size of households needing services were also identified as obstacles. TBRA and supportive services were stated as priority need. Human Trafficking/Domestic Violence Service Providers Human trafficking social service providers identified priority needs as affordable housing and reliable child care. Social services were identified as a priority need. The domestic violence service provider identified TBRA and supportive service as the primary needs to include legal assistance and child care. Educational Institution Corpus Christi Independent School District (CCISD) identified student's biggest need as assistance with emergency food, hotel emergency assistance, and substance abuse treatment. The school district reported attendance went from 76 to 91 percent just after opening food pantry at CCISD. At-risk of homelessness and homelessness are in the biggest need of assistance with 85% predominantly Hispanic students served in the school system. Junior high schools show the highest rate of runaways and highest number of homelessness, highest number of dropouts, and highest number for truancy and discipline issues in middle school. Area needs identified a shelter for minors or young adults and medical assistance because of the age of parental consent. Gaps in services include supportive services, youth placement and bed availability for minors in area shelters. Supportive services were identified as a priority need. Hospital Systems Christus Spohn identified substance use disorder treatment, mental health treatment, and case management as priority needs. Gaps in services included access to affordable housing, social services, street outreach,transitional housing or hospice,respite care or hospital step-down. Target population to benefit most from these services is homelessness and at-risk of homelessness. Supportive services were identified as a priority need. Veterans Groups Agencies who provide Veteran's services stated concerns with uncoordinated services for the 5 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment Veteran population and recommended focusing funds on homeless prevention for sustainability with a concentration on coordinated entry and supportive services. Priority was given to supportive services as a primary need. Public Housing Corpus Christi Housing Authority (CCHA), which services as the City's primary housing agency (PHA), stated supply of rental housing is low and affordable rental housing is even lower, affordability is not really affordable and what is available is substandard. CCHA not only stated an affordable housing crisis but also an income crisis; with too many people existing at income levels too low to cover their housing needs; in terms of subsidized housing (section 8 vouchers, etc). CCHA stated the following priority needs for qualifying populations: 1. The more doorsteps there are the more pressure there is on the landlords to make their properties appealing and healthy, and safe, the more opportunities for progression; attention by the property management company to take care of their tenants and ensure a safe experience. 2. Supportive services to help people understand accountability and teach them to be good renters. 3. Displacement programs to assist with involuntary removal in any apartment complex; all must take vouchers; 4. Give anyone experiencing or about to become homeless a tenant protection voucher for a certain amount of money for a certain amount of months;people can use the vouchers for a lease period,work with CCHA for supportive service during that time and then transition to a CCHA voucher — CCHA would administer this program. Give the CCHA 100 tenant protection vouchers and establish a preference rating system. The City could develop its own preference and CCHA would administer (Veterans Affairs Supportive Housing is the model). CCHA would give a 100 point preference for Corpus Christi Voucher Partnership between the City and the Housing Authority to get people into housing and when the program ends,they get a CCHA voucher, which becomes permanently funded. CCHA supports the idea of a using HOME ARP funding to purchase a hotel for use as transitional housing and share the cost of operations after acquisition. The costs could be shared by the City, CCHA and rental income. Public Agencies Coastal Bend Aging and Disability Resource Center (CBADRC) provides a single coordinated system of information and access for all persons seeking housing assistance. There is a great need for additional accessible, affordable and integrated housing in the 11 counties served. Lack of adequate supply of shelters, affordable, accessible and integrated housing to meet the needs of seniors and persons with disabilities is an unmet need that hinders housing options for people to choose where they want to live. The current subsidized housing inventory listing complied by CBADRC includes shelters, however due to some accessibility concerns and strict regulations at the shelters; many of the 6 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment qualifying populations do not consider going to a shelter and thus a gap does exist for this temporary housing option. The following priorities were identified to be considered for qualifying populations as follows: 1). Accessibility features at all shelters, 2). No work requirements, 3). Able to stay at shelters during the day. Overall, public agencies identified lack of affordable housing, staff capacity, high housing costs, supportive services and wait list for supportive service programs as a gap. Priorities included transitional housing, supportive services, some type of other permanent housing, TBRA for rental assistance, utility assistance, and security deposits and services for persons with disabilities as top priorities followed by services related to fair housing/Civil Rights, rapid rehousing, homeless prevention, new construction of affordable housing units, and the need for emergency and temporary shelters. Consensus centered around TBRA and supportive services instead of constructing a building or shelter. Fair Housing The Fair Housing Unit identifies the needs as the availability and affordability of units for both homeowners and rents, the available of accessible units and geographic distribution affordable units. Priorities include education about options, rights, and resources, rental assistance, and supportive services. Supportive services identified included job training, education, homeless prevision, child care, legal services, and transportation. Public or Private Organizations Affordable housing developers are building one to two projects in Corpus Christi per year. Permanent financing options that allow for affordable rents are limited and properties that are developed using Low-income Housing Tax Credits must compete with other communities in our area. New projects include units for persons at or below 80% of the area median income (AMI), 60% AMI, 50% AMI and 30% AMI but the lower the AMI served the more difficult the project is to develop. The deeper income targeting requires deeper development subsides,rent subsidies (TBRA or PHA vouchers), and healthy operating and replacement reserves. Bloomberg Harvard City Leadership Innovation Track Throughout 2022 the City of Corpus Christi was a member of the Bloomberg Harvard City Leadership Initiative Innovation Track with creating solutions in response to homelessness as the focus. Through that program, 169 services providers, unsheltered homeless persons, residents, and businesses were engaged. Engagements included identifying issues, examining gaps, and testing assumptions. Responses received through the program identified that there are gaps throughout the continuum of care for the homeless and current options are not adequate. This presents a problem for people unable to access the care and services they need trapping individuals in a cycle of homelessness. Gaps in the continuum of care were identified as rental assistance, supportive housing, supportive services such as transportation,job training, mental health services, substance use disorder treatment, maintaining adequate documents such as identification and other supportive services. The negative impacts of homelessness on neighborhoods and businesses were discussed as well. 7 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment Law Enforcement Corpus Christi Police Department stated that people in shelters and transitioning into housing need case management, life skills training, mental health services and substance use disorder treatment. Housing is available in the community but without supportive services people experience homelessness repeatedly. Community Groups Survey A six-question survey was sent to 96 community groups who included nonprofit service providers, government agencies, Civil Rights groups, businesses, community members, mental health service providers and groups representing persons with disabilities. The response rate was 22.9%. Survey respondents ranked the eligible populations that would benefit the most from services in the following order: 1)persons who are homeless; 2)person who are at-risk of homelessness; 3)persons who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking; and 4) other households who require services or housing assistance to prevent homelessness. The ranking of the types of housing assistance or supportive services available was in the following order: 1) supportive services; 2) TBRA and production and preservation of affordable housing; and 3)purchase and development of non-congregate housing. The types of supportive services were ranked in the following order: 1) case management; 2) mental health services; 3)housing search assistance; 4) employment assistance; 5) life skills training; 6) substance use treatment; 7) food; 8)utility deposits; 9) outpatient health services; 10) outreach services; 11) transportation; 12) education services; 13) child care; 14) moving costs; and 15) legal services. 8 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment Public Participation Describe the public participation process, including information about and the dates of the public comment period and public hearing(s) held during the development of the plan: • Date(s) ofpublic notice: 3/5/2023 • Public commentperiod: start date-3/6/2023 end date-3/20/2023 • Date(s) ofpublic hearing: 3/21/2023 The public comment period began on March 6,2023,beginning with the publication of the Notice of Public Comment period in the Corpus Christi Caller Times Newspaper. The comment period was open until March 20, 2023. The draft HOME ARP allocation plan was posted on the City's website at haps://www.cctexas.com/detail/2023-home-arp and available for viewing at the Neighborhood Services Department and the La Retama Library. Describe efforts to broaden public participation: The City broadened participation by launching a survey across stakeholders, community and Civil Rights groups and incorporated the Bloomberg Harvard City Leadership Innovation Track with creating solutions in response to homelessness as the focus. The track tasks interdisciplinary city teams to build innovation capabilities as they design, test, and prototype solutions to a pressing city problem. Homelessness was the focus of the track and identified gaps in services and priority needs. The survey asks the community groups to reflect on the priority needs. The public also had the opportunity to comment at the in-person Corpus Christi City Council meeting held on March 21, 2023, at City Hall. The meeting site is wheelchair accessible. Aids and services, including deaf interpreters, and translation services were made available. Throughout 2022, the City was a member of the Bloomberg Harvard City Leadership Initiative Innovation Track looking at the issues of homelessness in the community. Throughout the process, the City engaged service providers,persons who are homeless, residents and business owners. The City conducted stakeholder meetings, held on street interviews at common homeless gathering points and service provider locations, attended service events such as feedings and free stores and conducted interviews with businesses. The City engaged 169 people through these personal interactions. Also, throughout the HOME-ARP Allocation Plan development, the City engaged community stakeholders not commonly considered part of the homelessness response network. These engagements included organizations in the health system,public education, fair housing, BIPOC places of faith, and law enforcement. A PJ must consider any comments or views of residents received in writing, or orally at a public hearing, when preparing the HOME ARP allocation plan. Summarize the comments and recommendations received through the public participation process either in writing, or orally at a public hearing: See the table summary of consultation meeting responses and summary of comments above. 9 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment Comments from the public hearing will be added after public hearing. Summarize any comments or recommendations not accepted and state the reasons why: Will provide summary after public hearing. 10 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment Needs Assessment and Gaps Analysis In accordance with Section V.C.l of the Notice (page 14), a PJ must evaluate the size and demographic composition of all four of the qualifying populations within its boundaries and assess the unmet needs of each of those populations. If the PJ does not evaluate the needs of one of the qualifying populations, then the PJ has not completed their Needs Assessment and Gaps Analysis. In addition, a PJ must identify any gaps within its current shelter and housing inventory as well as the service delivery system. A PJ should use current data, including point in time count, housing inventory count, or other data available through CoCs, and consultations with service providers to quantify the individuals and families in the qualifying populations and their need for additional housing, shelter, or services. Template: OPTIONAL Homeless Needs Inventory and Gap Analysis Table Homeless Current Inventory Homeless Population Gap Analysis Family Adults Only Vets Family Adult Family Adults Only #of #of #of #of HH (at HH#of least 1 (w/o Vets Victims of DV #of #of #of #of Beds Units Beds Units Beds child) child) Beds Units Beds Units Emergency 147 39 203 0 0 Shelter Transitional 37 11 136 0 10 Housing Permanent Supportive 11 10 141 0 132 Housing Other Permanent 22 22 23 0 0 Housing Sheltered Homeless 24 182 14 32 Unsheltered 0 178 16 14 Homeless Current Gap 0 0 0 0 Data Sources: 1.2022 Point in Time Count(PIT);2.2022 Continuum of Care Housing Inventory Count(HIC);3.Consultations 11 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment OPTIONAL Housing Needs Inventory and Gap Analysis Table Non-Homeless Current Inventory Level of Need Gap Analysis #of Units #of Households #of Households Total Rental Units 50,615 Rental Units Affordable to HH at 30% 5,780 AMI(At-Risk of Homelessness) Rental Units Affordable to HH at 50% 8,665 AMI(Other Populations) 0%-30%AMI Renter HH w/1 or more severe housing problems 7,205 (At-Risk of Homelessness) 30%-50%AMI Renter HH w/1 or more severe housing problems 3,690 (Other Populations) Current Gaps 1,425 Suggested Data Sources: 1.American Community Survey(ACS);2.Comprehensive Housing Affordability Strategy(CHAS) Describe the size and demographic composition of qualifying populations within the PJ's boundaries: Homeless as defined in 24 CFR 91.5 During the 2022 Point in Time Count(PIT Count), 257 sheltered and 186 unsheltered persons experiencing homelessness were identified. Of those answering the question regarding length of time they have been homeless,responses were: 102 persons for 3 years or more; 1 person for 2-3 years; 46 persons for 1-2 years; 16 persons for 7-11 months; 47 persons for 4-6 months and 78 persons for 0-3 months. The PIT identified 67 people were experiencing chronic homelessness and 110 people who were homeless for the first time. The 2022 PIT Count identified 30 veteran households comprised of 33 persons. Of these, 12 persons were identified as chronically homeless and 3 were female. Twenty-four homeless families with children were identified during the 2022 PIT Count. These households had 43 children under the age of 18. None of these families was unsheltered at the time of the 2022 PIT Count. Males were 54% of the total persons counted. The racial breakdown was as follows; 41.8% of the homeless count were non-Hispanic; 36.8% of people experiencing homelessness were Hispanic; 60.5% of total individuals experiencing homelessness were White; 10.4%were Black, African American, or African; 1.6% of the total count were American Indian, Alaska Native or Indigenous; .9%Native Hawaiian or Pacific Islander; 0.7% Asian; and 0.5% multiple races. At Risk of Homelessness as defined in 24 CFR 91.5 According to the Comprehensive Housing Affordability Strategy (CHAS) data from the 2015-2019 American Community Survey (ACS), Corpus Christi has a total of 50,615 total 12 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment occupied rental units. Of these units, 11,255 were occupied by households with incomes at or below 30% of the area median income (AMI) and 8,425 were occupied by households with income greater than 30% of AMI and at or below 50% of the AMI. There were 10,890 households experiencing a housing cost burden of greater than 50% and 11,120 with a housing cost burden of greater than 30% but less than or equal to 50%. Additional data in the 2015-2019 ACS shows that there are 4,115 vacant rental units. Of the vacant units, 165 are affordable to households with incomes less than or equal to 30% AMI and 975 units are affordable to household greater than 30% AMI and less than or equal to 50% AMI. The total rental units affordable to households at or below 30% AMI is 5,780 and the rental until affordable to households with incomes greater than 30% AMI and less than or equal to 50% is 8,665. There are 7,205 renter households with incomes at or below 30% AMI with one or more severe housing problems and 3,690 renter households with incomes greater than 30% AMI and equal to or less than 50% AMI with one or more severe housing problems. Using severe housing problems, the level of need for households at or below 30% AMI with severe housing problems is 1,425 units. Fleeing, or Attempting to Flee,Domestic Violence, Dating Violence,Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice The Corpus Christi Police Department reports that 4,421 incidents were reported to the Family Violence Unit in 2022. According to The Purple Door, Corpus Christi's domestic violence service provider,they served between 800-900 nonresidential clients in 2022. They served 573 residential clients in the same period. The total number of bed days was 17,001. Ages of those served varies and generally falls between 18-55 years old some with minor children. They serve men and women and see a small population of LGBTQ clients, but the vast majority of clients are women. The racial distribution of clients is approximately 80% Hispanic, 15% White, 5% Black and a small percentage is Asian. Among those they serve, approximately 85-95% are below the poverty level, especially those seeking residential services. Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability, as defined by HUD in the Notice Other populations that may require services or housing assistance to prevent homelessness or are at the greatest risk of housing instability include Veterans. At September 30, 2023, the estimated number of Veterans in Nueces County was 24,991 of which 22,269 are male and 2,722 are female. The age distribution among Veterans is 6,212 17-44 years old, 8,877 45-64 years old, 8,716 years old and 1,186 over the age of 85. Another population that may require services or housing assistance to prevent homelessness or are the greatest risk of housing instability are seniors. In Corpus Christi, about 14% of the population is 65 or older. Of the 44,529 seniors in Corpus Christi about 1,380 live at less than 50% of the poverty level, 5,299 live at less than 100% of the poverty level and 8,416 live at less than 125% of the poverty level. 13 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment Identify and consider the current resources available to assist qualifying populations, including congregate and non-congregate shelter units, supportive services, TBRA, and affordable and permanent supportive rental housing(Optional): Enter narrative response here. Describe the unmet housing and service needs of qualifying populations: Homeless as defined in 24 CFR 91.5 The unmet housing and service needs of homeless persons include case management, mental health services, substance use disorder treatment, food, transportation, legal services, life skills training,job training, security deposits and rental assistance. Persons who are homeless need initial case management and other supportive services while becoming sheltered and transitioning to housing. Housing search assistance is critical. Finding a cooperating landlord and securing a lease is difficult for the homeless. Rental assistance such as TBRA is required while the household waits for a voucher or the situation otherwise stabilizes. Continued case management can help the household remained housed and meet daily living activities. At Risk of Homelessness as defined in 24 CFR 91.5 The unmet housing and service needs of those at risk of homelessness include child care, transportation, mental health services, substance use disorder treatment, life skills training, food,job training,utility assistance, and rental assistance. Due to low wages or other income limiting factors, those at risk of homelessness benefit from assistance with child care and transportation. Rents are rising but wages are not keeping up and those on fixed incomes have limited options. Homeless prevention services like those listed, assist these households with remaining housed. Homeless prevention reduces trauma, is less costly than rehousing, and reduces the need for additional interventions. Fleeing, or Attempting to Flee,Domestic Violence, Dating Violence,Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice The unmet housing and service needs of those fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking include, case management, mental health services, substance use disorder treatment, food, transportation, child care, legal services,job training, security deposits, moving assistance, utility assistance, and rental assistance. The needs of households in this category are like those who are homeless as they establish new homes. Specialized case management and mental health services are key to stabilization. Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability as defined by HUD in the Notice Other populations requiring services or housing assistance to prevent homelessness and the other populations at greatest risk of housing instability include child care, transportation, mental health services, substance use disorder treatment, legal services, food, security deposits, moving assistance, rental assistance and utility assistance. Legal services, eviction prevention, fair housing interventions and other strategies for keeping this group housed are important. Identify any gaps within the current shelter and housing inventory as well as the service 14 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment delivery system: Gaps withing the system include rental assistance that covers costs for longer than three to six months and until a voucher is available, housing search assistance finding a landlord that works with subsidies,programs that help people maintain their participation in mental health treatment programs and substance use disorder treatment. Robust supportive services during stabilization to prevent homelessness from reoccurring or preventing homelessness. Many programs don't include furnishings and household items. Also, nonprofit capacity is often limited and unable to meet the demand. Under Section IV.4.2.ii.G of the HOME ARP Notice, a PJ may provide additional characteristics associated with instability and increased risk of homelessness in their HOME- ARP allocation plan. These characteristics will further refine the definition of"other populations"that are "At Greatest Risk of Housing Instability,"as established in the HOME- ARP Notice. If including these characteristics, identify them here: None Identify priority needs for qualifying populations: Throughout the four qualifying populations the priority needs are: • Supportive services o Case management o Mental health services o Substance use disorder treatment o Transportation o Child care o Legal Services o Food o Homeless prevention rental assistance and utility assistance o Job training o Life skills training • Rental assistance for greater than three to six months Explain how the PJ determined the level of need and gaps in the PJ's shelter and housing inventory and service delivery systems based on the data presented in the plan: The City determined the level of need and gaps by examining the available rental units in the community by using the ACS and CHAS as compared to those who are homeless and experiencing severe housing problems including being cost overburden. Using that information and the feedback received during the extensive consultation process described above this plan was developed. Information used was qualitative and quantitative. 15 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment HOME-ARP Activities Template: Describe the method(s)that will be used for soliciting applications for funding and/or selecting developers, service providers, subrecipients and/or contractors: The City uses a formal application process for soliciting applications for funding. Funding will be allocated through a competitive process open to all nonprofit organizations serving qualifying populations. A Public Notice will be published in the local newspaper and posted on the City's website. Notice of the opportunity will be posted on the City's social media and distributed to local news outlets. A pre-application technical assistance workshop will be advertised to provide an overview of the program and the application submittal process. Each proposed project for funding shall be submitted electronically to the Neighborhood Services Department and will include details of the project,project sources and uses,partners, impact on qualifying populations,proposed beneficiaries, scope of work, experience providing these services, experience administering federally funded programs, and other required information. Neighborhood Services will perform a preliminary review on projects submitted for eligibility. A review team of staff and stakeholders will conduct application reviews and interviews with applicants. Applications will be scored based on the technical aspects of the applications and the impact to beneficiaries. Recommendations for funding to the City Council will be made based on the application scoring. Applications will be subject to a public hearing during a City Council meeting. The recommended projects will be published with the regular meeting agenda in accordance with Texas rules and regulations. The nonprofits to carrying out activities, amounts of assistance, beneficiaries, scopes of work and other related information will be posted. Describe whether the PJ will administer eligible activities directly: The City will not administer activities directly. If*any portion of*the PJ's HOME ARP administrative funds are provided to a subrecipient or contractor prior to HUD's acceptance of*the HOME ARP allocation plan because the subrecipient or contractor is responsible for the administration of the PJ's entire HOME ARP grant, identify the subrecipient or contractor and describe its role and responsibilities in administering all of*the PJ's HOME ARP program: Not applicable. In accordance with Section V.C.2. of the Notice (page 4), PJs must indicate the amount of HOME-ARP funding that is planned for each eligible HOME-ARP activity type and demonstrate that any planned funding for nonprofit organization operating assistance, nonprofit capacity building, and administrative costs is within HOME-ARP limits. 16 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment Template: Use of HOME-ARP Funding Funding Amount Percent of the Statutory Grant Limit Supportive Services $2,000,000 Acquisition and Development of Non- $0 Congregate Shelters Tenant Based Rental Assistance(TBRA) $ 1,160,454 Development of Affordable Rental Housing $0 Non-Profit Operating $210,696 5 % 05% 0 Non-Profit Capacity Building $210,696 5 % 5% Administration and Planning $632,090.55 15 % 15% Total HOME ARP Allocation $4,213,937 Describe how the PJ will distribute HOME ARP funds in accordance with its priority needs identified in its needs assessment and gap analysis: Based on the priority needs established through the consultations, $2,000,000 will be distributed through supportive service providers $1,160,454 through TBRA, $210,696 through non-profit operating, $210,696 through non-profit capacity building and $632,095.55 through administration and planning. Describe how the characteristics of the shelter and housing inventory, service delivery system, and the needs identified in the gap analysis provided a rationale for the plan to fund eligible activities: Throughout the consultations, the need for supportive services and TBRA were identified as priority needs. The City is funding these activities to meet those needs. The PIT Count and HIC do not reflect a great need for non-congregate shelter and the City is funding, through other sources, an additional 120 shelter beds. The consultations provided descriptions of the service delivery system that demonstrates a rationale for providing supportive services including case management, child care,transportation, mental health services, substance use disorder treatment, legal services, utility assistance, other supportive services and TBRA for clients stabilizing their housing situation. Providing these services will offer a gateway out of homelessness for the unsheltered, help stabilize those at-risk and provide a healthy start for those fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking. 17 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment HOME-ARP Production Housing Goals Template Estimate the number of affordable rental housing units for qualifying populations that the PJ will produce or support with its HOME ARP allocation: Based on feedback from the consultations, the allocation plan does not include affordable housing rental production or preservation. This takes into consideration the costs associated with the development of new units and the reserves required as compared to the $4.2 million allocation and the substantial need for TBRA and supportive services. Describe the specific affordable rental housing production goal that the PJ hopes to achieve and describe how the production goal will address the PJ's priority needs: Based on feedback from the consultations, the allocation plan does not include affordable housing rental production or preservation. This takes into consideration the costs associated with the development of new units and the reserves required as compared to the $4.2 million allocation and the substantial need for TBRA and supportive services. 18 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment Preferences A preference provides a priority for the selection of applicants who fall into a specific QP or category (e.g., elderly or persons with disabilities)within a QP (i.e., subpopulation) to receive assistance. A preference permits an eligible applicant that qualifies for a PJ-adopted preference to be selected for HOME-ARP assistance before another eligible applicant that does not qualify for a preference. A method ofprioritization is the process by which a PJ determines how two or more eligible applicants qualifying for the same or different preferences are selected for HOME- ARP assistance. For example, in a project with a preference for chronically homeless, all eligible QP applicants are selected in chronological order for a HOME-ARP rental project except that eligible QP applicants that qualify for the preference of chronically homeless are selected for occupancy based on length of time they have been homeless before eligible QP applicants who do not qualify for the preference of chronically homeless. Please note that HUD has also described a method of prioritization in other HUD guidance. Section I.C.4 of Notice CPD-17-01 describes Prioritization in CoC CE as follows: "Prioritization. In the context of the coordinated entry process, HUD uses the term "Prioritization" to refer to the coordinated entry-specific process by which all persons in need of assistance who use coordinated entry are ranked in order of priority. The coordinated entry prioritization policies are established by the CoC with input from all community stakeholders and must ensure that ESG projects are able to serve clients in accordance with written standards that are established under 24 CFR 576.400(e). In addition, the coordinated entry process must, to the maximum extent feasible, ensure that people with more severe service needs and levels of vulnerability are prioritized for housing and homeless assistance before those with less severe service needs and lower levels of vulnerability. Regardless of how prioritization decisions are implemented, the prioritization process must follow the requirements in Section II.B.3. and Section I.D. of this Notice." If a PJ is using a CE that has a method of prioritization described in CPD-17-01, then a PJ has preferences and a method of prioritizing those preferences. These must be described in the HOME-ARP allocation plan in order to comply with the requirements of Section IV.C.2 (page 10) of the HOME-ARP Notice. In accordance with Section V.C.4 of the Notice (page 15), the HOME-ARP allocation plan must identify whether the PJ intends to give a preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project. • Preferences cannot violate any applicable fair housing, civil rights, and nondiscrimination requirements, including but not limited to those requirements listed in 24 CFR 5.105(a). • The PJ must comply with all applicable nondiscrimination and equal opportunity laws and requirements listed in 24 CFR 5.105(a) and any other applicable fair housing and civil rights laws and requirements when establishing preferences or methods of prioritization. While PJs are not required to describe specific projects in its HOME-ARP allocation plan to which the preferences will apply, the PJ must describe the planned use of any preferences in its HOME-ARP allocation plan. This requirement also applies if the PJ intends to commit HOME- 19 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment ARP funds to projects that will utilize preferences or limitations to comply with restrictive eligibility requirements of another project funding source. If a PJ fails to describe preferences or limitations in its plan,it cannot commit HOME-ARP funds to a project that will implement a preference or limitation until the PJ amends its HOME-ARP allocation plan. For HOME-ARP rental housing projects, Section VLB.20.a.iii of the HOME-ARP Notice (page 36) states that owners may only limit eligibility or give a preference to a particular qualifying population or segment of the qualifying population if the limitation or preference is described in the PJ's HOME-ARP allocation plan. Adding a preference or limitation not previously described in the plan requires a substantial amendment and a public comment period in accordance with Section V.C.6 of the Notice (page 16). Template: Identify whether the PJ intends to give preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project: The City does not intend to give preference to one or more qualifying populations. If a preference was identified, explain how the use of a preference or method of prioritization will address the unmet need or gap in benefits and services received by individuals and families in the qualifying population or subpopulation of qualifying population, consistent with the PTs needs assessment and gap analysis: No preference will be given. Referral Methods PJs are not required to describe referral methods in the plan. However, if a PJ intends to use a coordinated entry (CE)process for referrals to a HOME-ARP project or activity, the PJ must ensure compliance with Section IV.C.2 of the Notice (pagel0). A PJ may use only the CE for direct referrals to HOME-ARP projects and activities (as opposed to CE and other referral agencies or a waitlist) if the CE expands to accept all HOME-ARP qualifying populations and implements the preferences and prioritization established by the PJ in its HOME-ARP allocation plan. A direct referral is where the CE provides the eligible applicant directly to the PJ, subrecipient, or owner to receive HOME-ARP TBRA, supportive services, admittance to a HOME-ARP rental unit, or occupancy of a NCS unit. In comparison, an indirect referral is where a CE (or other referral source)refers an eligible applicant for placement to a project or activity waitlist. Eligible applicants are then selected for a HOME-ARP project or activity from the waitlist. The PJ must require a project or activity to use CE along with other referral methods (as provided in Section IV.C.2.ii) or to use only a project/activity waiting list(as provided in Section IV.C.2.iii) if: 1. the CE does not have a sufficient number of qualifying individuals and families to refer to the PJ for the project or activity; 2. the CE does not include all HOME-ARP qualifying populations; or, 3. the CE fails to provide access and implement uniform referral processes in situations where a project's geographic area(s) is broader than the geographic area(s) covered by the CE 20 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment If a PJ uses a CE that prioritizes one or more qualifying populations or segments of qualifying populations (e.g.,prioritizing assistance or units for chronically homeless individuals first, then prioritizing homeless youth second, followed by any other individuals qualifying as homeless, etc.)then this constitutes the use of preferences and a method of prioritization. To implement a CE with these preferences and priorities, the PJ must include the preferences and method of prioritization that the CE will use in the preferences section of their HOME-ARP allocation plan. Use of a CE with embedded preferences or methods of prioritization that are not contained in the PJ's HOME-ARP allocation does not comply with Section IV.C.2 of the Notice (pagel0). Template: Identify the referral methods that the PJ intends to use for its HOME ARPprojects and activities. PJ's may use multiple referral methods in its HOME ARPprogram. (Optional): If the PJ intends to use the coordinated entry (CE)process established by the CoC, describe whether all qualifying populations eligible for a project or activity will be included in the CE process, or the method by which all qualifying populations eligible for the project or activity will be covered. (Optional): If the PJ intends to use the CE process established by the CoC, describe the method of prioritization to be used by the CE. (Optional): If the PJ intends to use both a CE process established by the CoC and another referral method for a project or activity, describe any method of prioritization between the two referral methods, if any. (Optional): Limitations in a HOME-ARP rental housing or NCS project Limiting eligibility for a HOME-ARP rental housing or NCS project is only permitted under certain circumstances. • PJs must follow all applicable fair housing, civil rights, and nondiscrimination requirements, including but not limited to those requirements listed in 24 CFR 5.105(a). This includes,but is not limited to, the Fair Housing Act, Title VI of the Civil Rights Act, section 504 of Rehabilitation Act,HUD's Equal Access Rule, and the Americans with Disabilities Act, as applicable. • A PJ may not exclude otherwise eligible qualifying populations from its overall HOME- ARP program. • Within the qualifying populations,participation in a project or activity may be limited to persons with a specific disability only, if necessary, to provide effective housing, aid, benefit, or services that would be as effective as those provided to others in accordance with 24 CFR 8.4(b)(1)(iv). A PJ must describe why such a limitation for a project or activity is necessary in its HOME-ARP allocation plan (based on the needs and gap identified by the PJ in its plan) to meet some greater need and to provide a specific benefit that cannot be provided through the provision of a preference. • For HOME-ARP rental housing, section VI.B.20.a.iii of the Notice (page 36) states that owners may only limit eligibility to a particular qualifying population or segment of the 21 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment qualifying population if the limitation is described in the PJ's HOME-ARP allocation plan. • PJs may limit admission to HOME-ARP rental housing or NCS to households who need the specialized supportive services that are provided in such housing or NCS. However, no otherwise eligible individuals with disabilities or families including an individual with a disability who may benefit from the services provided may be excluded on the grounds that they do not have a particular disability. Template Describe whether the PJ intends to limit eligibility for a HOME ARP rental housing or NCS project to a particular qualifying population or specific subpopulation of a qualifying population identified in section IV.A of the Notice: The City does not intend to limit eligibility to any specific qualified population or subpopulation that is to be assisted with HOME ARP resources. If a PJ intends to implement a limitation, explain why the use of a limitation is necessary to address the unmet need or gap in benefits and services received by individuals and families in the qualifying population or subpopulation of qualifying population, consistent with the PJ's needs assessment and gap analysis: The City does not intend to limit eligibility to any specific qualified population or subpopulation that is to be assisted with HOME ARP resources. If a limitation was identified, describe how the PJ will address the unmet needs or gaps in benefits and services of the other qualifying populations that are not included in the limitation through the use of HOME ARP funds (i.e., through another of the PJ's HOME ARP projects or activities): The City does not intend to limit eligibility to any specific qualified population or subpopulation that is to be assisted with HOME ARP resources. 22 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment HOME-ARP Refinancing Guidelines If the PJ intends to use HOME-ARP funds to refinance existing debt secured by multifamily rental housing that is being rehabilitated with HOME-ARP funds, the PJ must state its HOME- ARP refinancing guidelines in accordance with 24 CFR 92.206(b). The guidelines must describe the conditions under with the PJ will refinance existing debt for a HOME-ARP rental project, including: • Establish a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing to demonstrate that rehabilitation of HOME-ARP rental housing is the primary eligible activity City HOME-ARP funds will not be used for refinancing. • Require a review of management practices to demonstrate that disinvestment in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving qualified populations for the minimum compliance period can be demonstrated. City HOME-ARP funds will not be used for refinancing. • State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. City HOME-ARP funds will not be used for refinancing. • Specify the required compliance period, whether it is the minimum 15 years or longer. City HOME-ARP funds will not be used for refinancing. • State that HOME ARP funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. City HOME-ARP funds will not be used for refinancing. • Other requirements in the PJ's guidelines, if applicable: City HOME-ARP funds will not be used for refinancing. 23 City of Corpus Christi HOME ARP Allocation Plan DRAFT for Comment Ordinance authorizing acceptance and appropriating $4,213,937.00 from the U.S. Department of Housing and Urban Development for implementation of the HOME Investment Partnership Program —American Rescue Plan; amending the operating budget for FY2021-2022 to increase expenditures from the HOME Grants fund. Whereas,the U.S. Department of Housing and Urban Development ("HUD") has allocated $4,213,937.00 to the City of Corpus Christi ("City")from the American Rescue Plan Act of 2021 for the HOME Investment Partnership Program to be expended by September 2030; Whereas, the HOME Investment Partnership Program —American Rescue Plan ("HOME-ARP") funding will be used by the City to assist persons in the city who are homeless, at-risk of homelessness, fleeing domestic abuse, sexual assault, human trafficking or other persons in need as further outlined in the HOME-ARP guidelines; Whereas, the City must conduct a needs assessment in the community with public meetings and public participation in order to prepare a HOME-ARP Allocation Plan to be submitted to HUD which is a prerequisite to accessing any of the HOME- ARP funding; Whereas, HUD has released five percent of the HOME-ARP allocation to the City to prepare the HOME-ARP Allocation Plan; Whereas, the City Council will be required to approve the HOME-ARP Allocation Plan as part of substantial amendment to the HUD FY2021 Consolidated Annual Action Plan before the plan can be submitted to HUD. Whereas, with proper notice to the public, a public hearing was held on March 8, 2022 and March 22, 2022 to receive citizen input for the City's planning and needs assessment for the HOME Investment Partnership Program-American Rescue Plan Homeless funding from HUD. Now, Therefore, be it ordained by the City Council of the City of Corpus Christi, Texas that: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes. Section 2. Funds in the amount of $4,213,937.00 are appropriated from the U.S. Department of Housing and Urban Development for costs related to the HOME Investment Partnerships —American Rescue Plan program. Section 3. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase expenditures by $4,213,937.00. 032701 SCANNED Section 4: The City Manager or his designee is authorized to execute all documents necessary for acceptance and appropriation of the HOME Investment Partnerships — American Rescue Plan program. The foregoing ordinance was read for the first time and passed to its second reading on this the` qday of TOCV� 2022, by the following vote Paulette M. Guajardo John Martinez A� Roland Barrera Ben Molina I Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma The foregoing ordinance was read for the second time and passed finally on this the day of N,( 2022, by the following vote: Ax Paulette M. Guajardo John Martinez Ben Molina Roland Barrera Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of V ' \wn , 2022. ATTEST: W`. Rebecca Huerta 4auletite AM. Guajardo City Secretary Mayor 032701 � mus c� o° 0 w � o � AGENDA MEMORANDUM NORPO0.P��'� zss2 First Reading Ordinance for the City Council Meeting of March 28, 2023 Second Reading Ordinance for the City Council Meeting of April 11, 2023 DATE: March 23, 2023 TO: Peter Zanoni, City Manager FROM: Constance P. Sanchez, Chief Financial Officer constancep@cctexas.com (361) 826-3189 Increasing Property Tax Homestead Exemption for 10% to 20% and Increasing the Over-65 or Disabled Property Tax Exemption from $50,000 to $62,500 CAPTION: Ordinance amending Ordinance 17150 by increasing the exemption for ad valorem taxes for all qualified homesteads from 10% to 20% of assessed value but not less than $5,000 for all qualified resident homesteads-, and increasing the exemption for ad valorem taxes for persons' residence who are disabled or 65 years of age or older from $50,000 as approved by the citizens of Corpus Christi on April 4, 1987 to $62,500; Commencing Tax Year 2023. SUMMARY: Councilmember Mike Pusley is recommending that the homestead exemption for the City of Corpus Christi be increased from 10% of assessed value to 20% of assessed value and the homestead exemption for those over-65 or disabled be increased from $50,000 to $62,500. BACKGROUND AND FINDINGS: On July 28, 1982, the City Council approved Ordinance 17150 adopting a qualified homestead exemption of 10% of assessed value or $5,000 minimum as per section 11.13(n) of the Property Tax Code. Increasing the exemption from 10% to 20% would result in an estimated recurring property tax revenue reduction for the City of Corpus Christi of approximately$7.6 million annually beginning in FY 2024. The annual savings to an average homeowner would be $119.50 or $9.96 monthly. Section 11.13(d) of the Property Tax Code states that an individual who is disabled or is 65 or older is entitled to an exemption from taxation by a taxing unit of a portion of the appraised value of the residence homestead if the exemption is adopted either by the governing body of the taxing unit or by a favorable vote of a majority of the qualified voters of the taxing unit. Section 11.13(f) of the Property Tax Code states that once authorized, an exemption adopted as provided by Subsection (d) may be repealed or decreased or increased in an amount by the governing body of the taxing unit. On April 4, 1987, the citizens of Corpus Christi voted to approve an exemption of $50,000 for those who are disabled and those who are 65 or older (ordinances 19692 and 026124). Increasing the exemption from $50,000 to$62,500 would result in an estimated recurring property tax revenue loss to the City of Corpus Christi of $1.9 million beginning in FY 2024. The annual savings to an average homeowner would be $80.78 or $6.73 monthly. The combined annual recurring property tax reduction to the City with the recommended changes to the property tax exemptions would be $9.5 million beginning in FY 2024. ALTERNATIVES: City Council could take no action on this ordinance and maintain the $9.5 million in recurring property tax revenue for the City of Corpus Christi to be used for City operations and critical City needs. FISCAL IMPACT: The annual fiscal impact to the City of Corpus Christi for increasing the homestead exemption from 10% to 20% would be approximately $7.6 million annually. Of this amount $4.9 million (or 64%) would be a reduction of General Fund property tax revenue and approximately $2.7 million (or 36%) would be a reduction of Debt Service Fund property tax revenue. The annual fiscal impact for increasing the over-65 or disabled property tax exemption from $50,000 to $62,500 would be approximately $1.9 million. Of this amount, approximately $1.2 million (or 64%) would be a reduction of General Fund property tax revenue, and approximately $700 thousand (or 36%) would be a reduction of Debt Service property tax revenue. The total recurring fiscal impact to the General Fund would a reduction of approximately $6.1 million in property tax revenue. The total recurring fiscal impact to the Debt Service Fund would be a reduction of approximately $3.4 million in property tax revenue. Although the property tax rate related to the General Fund (the Maintenance and Operations (M&O) rate would be reduced, the property tax rate related to the Debt Service Fund (I&S) would need to increased to cover the City's current outstanding debt. The recurring fiscal impact to the General Fund would result in a reduction of services. This could include not hiring additional police officers or firefighters, reducing the transfer from the General Fund to Streets, reducing or even eliminating investment in the City's parks, senior programs, programs for youth, libraries, of Solid Waste to name a few. With the uncertainty in what action will be taken by the Texas legislature as it relates to municipal property tax revenue or assessed valuations, City staff cannot support this ordinance. We are also uncertain as to future General Fund revenue specifically as it relates to sales tax, franchise fees, or payment in lieu of taxes in light of the current economic situation. One additional aspect that City staff is reviewing is the over-65 property tax freeze. Those property taxpayers who are over-65 already have their property taxes frozen, and so an increased exemption may not benefit them especially if they have experienced high assessed value growth over time. It appears that this type of additional exemption is a regressive tax that would benefit homes of greater assessed value. FUNDING DETAIL: Fund: Organization/Activity: Department: Account: RECOMMENDATION: City staff does not recommend approval of the Ordinance. Adopting this ordinance would result in a permanent $9.5 million decrease in property tax revenue in both the General Fund and Debt Service Fund that cannot be sustained unless services and future bond programs are cut or eliminated. Use of the City's reserves should not be used to balance the City's budget. SUPPORTING DOCUMENTS: Ordinance Ordinance amending Ordinance 17150 by increasing the exemption for ad valorem taxes for all qualified homesteads from 10% to 20% of assessed value but not less than $5,000 for all qualified resident homesteads; and increasing the exemption for ad valorem taxes for persons' residence who are disabled or 65 years of age or older from $50,000 as approved by the citizens of Corpus Christi on April 4, 1987 to $62,500; Commencing Tax Year 2023; providing that this ordinance is cumulative; providing for an effective date; providing for severance; providing for publication; and providing for codification. WHEREAS, on July 28, 1982, the City Council approved Ordinance 17150 adopting a qualified homestead exemption of 10% of assessed value or $5,000 minimum as per section 11.13(n) of the Property Tax Code; WHEREAS, On April 4, 1987, the citizens of Corpus Christi voted to approve an exemption of $50,000 for those who are disabled and those who are 65 or older (ordinances 19692 and 026124); WHEREAS, Texas Property Tax Code Section 11 .13(d) provides that an individual who is disabled or is 65 or older is entitled to an exemption from taxation by a taxing unit of a portion of the appraised value of the residence homestead if the exemption is adopted either by the governing body of the taxing unit or by a favorable vote a majority of the qualified voters of the taxing unit; and WHEREAS, Texas Property Tax Code Section 11 .13(f) provides that once authorized, an exemption adopted as provided by Subsection 11 .13 (d) may be repealed or decreased, or increased in an amount by the governing body of the taxing unit. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. From and after January 1 , 2023, a family or single adult is entitled to an exemption from taxation by the City of Corpus Christi of 20 percent of the appraised value of their residence homestead, as defined in Texas Tax Code §11 .13. If the percentage set by the taxing unit produces an exemption in a tax year of less than $5,000 when applied to a particular residence homestead, the individual is entitled to an exemption of $5,000 of the appraised value. Texas Tax Code §11.13 SECTION 2. From and after January 1 , 2023, a person 65 years of age or older is entitled to an exemption from taxation by the City of Corpus Christi of $65,000 of the appraised value of their residence homestead, as defined and limited in the Texas Tax Code. SECTION 3. From and after January 1 , 2023, a person who is disabled, as defined in §11 .13 of the Texas Tax Code, is entitled to an exemption from taxation by the City of Corpus Christi of $65,000 of the appraised value of their residence homestead, as defined and limited in the Texas Tax Code. An individual who is eligible both for the elderly exemption under Section 2 and the disability exemption under Section 3 may not receive both exemptions but may choose either. SECTION 4. This ordinance is and shall be construed to be cumulative of all other ordinances on the same subject and merely adds the aforesaid exemption's increase upon proper application or qualification, as so provided in State law. SECTION 5. This ordinance is effective upon passage. SECTION 6. If, for any reason, 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, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the declared intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 7. Publication shall be made once in the official publication of the City of Corpus Christi by publishing the caption of the ordinance stating, in substance, the purpose of the ordinance. SECTION 8. The various sections of this ordinance may be codified, and any provisions of this ordinance may be numbered, renumbered or relettered in the codification process. SECTION 9. The City Secretary is hereby directed to notify the appraisal office of this action and of the terms of the exemption within 30 days after the date of adoption per Texas Tax Code §6.08. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor SC �o lh � p'0 F v NoAPoapYE° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 28, 2023 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Miles Risley, City Attorney M ilesRCu)-cctexas.com (361) 826-3360 Amending City Council Policy#16 CAPTION: Resolution amending City Council Policy Section 16 to reduce the number of City Council Members required to place an item on the agenda from four members to one member. SUMMARY: Councilman Pusley has requested a resolution to allow one member of City Council to add an item to the agenda. This will amend City Council Policy 16. The current policy requires four members of City Council to add items to the agenda. City staff recommends against this change because this change will: (1) increase the number of items on agendas that do not have majority support on City Council and (2) bypass the City's processes for ensuring that City Council proposals are sufficiently funded and reviewed for legal issues and unintended consequences. BACKGROUND AND FINDINGS: City Council Policy Section 16 describes how and when City Council meetings will be held. The policy allows items to be added to a City Council agenda by the City Manager, the Mayor, or four members of the City Council who confirm their request with the City Secretary's Office. To avoid a potential violation of the Texas Open Meetings Act, the relevant section of the policy was amended in 2017 to reduce the number of members required to add an item to the agenda from five to four. The current policy balances the ability of City Council members to add an item to the City Council agenda with the need for City staff to have the ability to review items before they are presented and to ensure that funding is available. Article IV, Section 7 of the City Charter provides that "No contract, agreement or other obligation involving an expenditure of money requiring approval by the City Council shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the council or be authorized by any officer of the city" unless the Finance Director provides a certificate of funds confirming that the funds are available in the City's treasury. Further, Article IV, Section 10 of the City Charter requires that the City Attorney approve or file written objections to all City ordinances and contracts. The Legistar process that City staff uses when placing items on the agenda allows for the reviews required by the City Charter before the items come up for a vote. Items added by only one member of City Council may not follow a process that will allow for the same review that other items on the agenda receive. ALTERNATIVES: City council could choose not to amend the City Council Policy and continue to allow items to be added by the City Manager, the Mayor, or four members of the City Council. FISCAL IMPACT: None. FUNDING DETAIL: Fund: Department: Project: Account: Activity: Amount RECOMMENDATION: Staff recommends against this resolution amending the City Council Policy. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution amending City Council Policy Section 16 to reduce the number of City Council Members required to place an item on the agenda from four members to one member. Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as follows: SECTION 1. That City Council Policy 16 is amended by deleting the +r. ^U +"r^ ^" text and adding the text to read as follows. 16. - Conduct of meetings; rules of procedure. a. Time and Place of Meetings. 1 . The City Council shall meet in regular session atl 1 .30 a.m. each Tuesday, except that, in order to maximize efficiency and use of resources, it shall not meet the first Tuesday each month unless requested by the Mayor, the City Manager, or four members of the City Council. The time for a regular meeting may be changed as deemed advisable by Council. 2. Regular meetings shall be held at City Hall or another governmentally owned place within the City. 3. Special and workshop sessions may be held in any public place. 4. Special and workshop sessions may be called by the Mayor, the City Manager, or four members of the City Council. b. Workshop Meetings. A workshop session is a meeting for the sole purpose of gathering information or discussing public business without taking action. In the event a workshop session is scheduled on the same day as and prior to a regular or special session, no discussion shall be held at the workshop of items previously scheduled for such regular or special session. c. Open Meetings. The Council shall conduct all meetings in accordance with the Texas Open Meetings Act. d. Agenda. The City Council agenda will be prepared and assembled jointly by the City Manager and the City Secretary in a format consistent with the Open Meetings Act, subject to modification by Council directive. Items may be placed on the agenda by the Mayor, City Manager, or fe4p one member of the City CouncilyVhe _s"aii r^nfirm +"oir rorvi ioc+ ,nii+" ,'Q-oTfT-LQ -� thG Gity SSGGFetaFy. A member wishing to place an item on the agenda shall notify the City Secretary. The City Secretary may place presentations, items of a ceremonial nature, Board, Commission and Committee appointments, and items affecting his office on the agenda. The subject matter of agenda items shall be subject to Council action, unless the item is limited to discussion. Page 1 e. Presiding Officer. The Mayor, Mayor Pro Tem, or other presiding officer shall have the power and duties usually incumbent on a presiding officer. All questions of order shall be decided by the presiding officer, subject to appeal to the Council. f. Recess of Meeting. Any meeting may be recessed (continued) one or more times to a time and place specified by the presiding officer prior to recess. No regular session may continue in recess to a time after the convening of the next regular meeting of the Council. g. Order of Business. The order of business shall be that set forth in the agenda unless modified by the Mayor or a majority of Council present and voting. On any item for which the Council permits public comment, time limitations may be set on an equitable basis. h. Recognition of Council Members. Council Members will not interrupt one another, and will speak only when recognized by the presiding officer. The presiding officer will recognize Council Members to speak in the order of their electronic request. i. Seconding Motions. Motions shall require a second, except if the wording of the motion appears on the agenda. j. General Duties of City Secretary. The City Secretary shall act as clerk of the Council, shall accurately keep the minutes and all other records required by law to be kept of Council proceedings, and shall make all publications and notices required by law. k. Record Vote. The ayes and nays shall be taken upon the passage of all ordinances or resolutions and entered in the minutes. Any member may request that the ayes and nays be taken on a motion and same shall be recorded. The order in which Council Members vote will rotate from meeting to meeting. I. Quorum. A majority of the Council Members holding office constitutes a quorum. m. Vote Required for Passage. Except as otherwise required by law for a particular matter, final passage of an ordinance or resolution shall require the affirmative vote of a majority of all Council Members holding office, and other matters shall require a majority of Council Members present and voting. n. Motion to Reconsider. Any member of the Council who voted with the prevailing side on any question may move its reconsideration no later than the next regular meeting; reconsideration shall require a two-thirds vote of the Council. The fact that a failed action is subject to such motion being made at the next regular meeting does not prevent it from being brought up as new business at or before the next regular meeting. A motion to reconsider a previous vote or action of the City Council shall only be permitted when the requesting Council member and the Council member seconding the request submit a written request to the City Secretary at least one business day prior to the expiration of the 72-hour posting deadline to request placement on the next regular City Council meeting agenda. Upon such written request, the City Secretary shall place such motion for reconsideration on the next regular City Council meeting agenda, and include a statement on the agenda that if the motion to reconsider passes by the required two-thirds vote, then the reconsidered item shall be voted on at the same meeting. Page 2 o. Motion to Table. To "table" shall mean to postpone until a later Council meeting. If the motion to table or postpone specifies a particular time, the matter shall be placed on the Council agenda for that date unless the Mayor or Council subsequently directs differently. If the motion does not specify a particular time, the matter shall be placed on the Council agenda when requested in accordance with general procedures for agenda items. The pendency of a tabled motion shall not prevent the Council from considering the same matter as new business. p. Applicability of Robert's Rules of Order. The most current edition of Robert's Rules of Order shall govern Council proceedings, unless in conflict with these rules or other law. Provided, however, Council's failure to comply with Robert's Rules of Order shall not invalidate any Council action. q. Suspension of Rules. Any of the rules prescribed in this Section 16 may be suspended by a majority vote of all Council Members qualified to vote. r. Disorderly Conduct. For a City Council Member's violation of the Rules of Decorum which it finds to seriously disrupt a meeting, or for a City Council Member's violation which occurs after repeated warnings from the presiding officer, the Council may assess a civil penalty for violation not to exceed $25.00, as authorized by Article II, Section 10 of the City Charter. The City Manager shall cause the amount penalized to be deducted from the Council Member's next paycheck. Page 3 PASSED AND APPROVED on the day of , 2023. Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 28, 2023 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, P.E., Director of Public Works ErnestoD3(o-)-cctexas.com 361-826-1677 Resolution Concurring With Texas Department of Transportation (TXDOT) Proposed Plans for US 181 Southbound Exit Ramps and Padre Street CAPTION: Resolution concurring with Texas Department of Transportation (TXDOT) proposed plans to close US 181 Southbound exit ramps for Power Street and Padre Street and keeping Padre Street as two-way traffic flow. SUMMARY: TXDOT has proposed a plan to maintain closure of two US 181 southbound exit ramps at Power Street and Padre Street. This plan will also restore two-way traffic flow along Padre Street, a TXDOT frontage road, from North Tancahua Street to Ramirez Street. BACKGROUND AND FINDINGS: On March 7, 2023 TXDOT advised city staff of the latest safety steps related to their ongoing campaign to deter wrong-way drivers onto US 181 via southbound exit ramps. The plan indicated that the southbound Padre exit ramp would be closed and Padre Street, from North Tancahua Street to Ramirez Street, would be reconfigured to a single travel lane with one-way traffic flow. This segment of Padre Street had previously functioned as a two-lane, two-way travel roadway. On March 14, TxDOT and city staff met with multiple business owners in the area to discuss the recent closures and travel lane reconfiguration. In this meeting, the business owners expressed that the change to one-way traffic flow along Padre Street have impacted access to their businesses. Businesses have indicated support to maintain closure of the exit ramps, but request Padre Street be reconfigured to two-way travel. TXDOT will support the request, but have asked the City Council to provide a resolution showing concurrence. ALTERNATIVES: City Council could choose not to approve the resolution. FISCAL IMPACT: N/A Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the resolution in the interest of protecting and providing traffic circulation to impacted business owners. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution concurring with TXDOT'S plan to close the Power Street and Padre Street exits/ramps off US Highway 181 South and restoring Padre Street as a two-way roadway between Tancahua and Ramirez streets. WHEREAS, TXDOT has recommended that they close two exits from US Highway 181 South at Power Street and Padre Street near downtown Corpus Christi, Texas; WHEREAS, TXDOT has added traffic control devices on Padre Street to indicate one-way traffic from Tancahua Street to Ramirez Street; WHEREAS, local businesses located in this area have requested TXDOT to restore Padre Street as a two-way roadway; WHEREAS, TXDOT will provide the funding for the closure of Power Street and Padre Street exits off of US Highway 181 near downtown Corpus Christi and restoring Padre Street to a two- way roadway from Tancahua to Ramirez. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council hereby concurs with TXDOT's closure of the Power Street and Padre Street exits off US Highway 181 South near downtown Corpus Christi, Texas. SECTION 2. The City Council hereby supports TXDOT in the restoration of two-way traffic flow on Padre Street between Tancahua Street and Ramirez Street. SECTION 3. This Resolution shall be effective upon approval by City Council. PASSED AND APPROVED on the day of 2023: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Everett Roy Mike Pusley Dan Suckley Jim Klein Sylvia Campos Resolution Page 1 of 2 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Resolution Page 1 of 2 Public Works Department 'A' 'vk Resolution Concurring With Texas Department of Transportation (TXDOT) Proposed Plans for US181 Southbound Exit Ramps and Padre Street Council Presentation March 28, 2023 �r Background r_ TXDOT Implemented Measures to Address Wrong-Way & Impaired Drivers on Harbor Bridge: ➢ Coordinated Enforcement Efforts with DPS, TABC, and Police (Corpus Christi & Portland) ➢ Closure of Three (3) US 181 Exit Ramps : Power St, Padre St, Upper Broadway ➢ Reconfigure Padre Street, from Tancahua St to Ramirez St, into One-Way Traffic Flow (Westbound Direction) ➢ Reconfigure the Twigg Exit Ramp into a Single-Lane f rk r .a. n n { t IWO t}S 181 STR1P]HG AHO I Ff;FM1,lf"t i wvn�iTc DELINEATOR TYPE III 'Ev ?ARRIGADES :)GE—LIT LED '• RAM1F SIGN �,'�•p .,:: err ,i:+.� Y 30 -� PCMS ° . �.., _- �. M P H LHL, r WAY P F-- ```�_ US 1 S 1 z STRIPING ANO FFJ SEGNING 1 PADRE ST. l� Am 1 MM'4 �ACn MATr.H I TNF R m� mT Ak DELINEATOR STQPn ....�.� STOP Wil17 _ WRONG � Fri xnr us 1 61 STRIPIN, ANO SIGHINC LAYOUTS TWIGG ST. �� STQP � ' Findings Business Owner Impacts (Port Area/SEA District) ➢ Meeting Held Between TXDOT, City, and Business Owners ➢ Business Owners Requested the Following: • Maintain Closure of Power St and Padre St Exit Ramps • Restore Padre St, from N Tancahua St to Ramirez St, to Two-Lane, Two-Way Travel ➢ TXDOT Seeking City Council Concurrence with Proposed Recommendations 17, Staff Recommendation 77 City Staff Recommends City Council Concur With TXDOT Plans: ➢ Closure of Power St and Padre St Exits off US 181 South ➢ Restore Two-Way Traffic Flow on Padre St, from N Tancahua St to Ramirez St F T?+'•.EPIC H G Fl 1' PADRE ST •Y5 US 181 STRIPING ANO SIGNING LAYQEITS WINNEBAGO ST. �® CL� Public Works Department Questions? SC �o w h �� O F v N6OOPORP11 xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 21, 2023 DATE: March 21, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2a-cctexas.com (361) 826-1677 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2Ca)-cctexas.com (361) 826-3169 Construction Change Orders Junior Beck Road — Bear Lane to Old Brownsville (Bond 2018, Proposition B) CAPTION: Motion authorizing the approval of Change Order No. 2 with Reytec Construction Resources, Inc (Reytec) , for the reconstruction of Junior Beck Road from Bear Lane to Old Brownsville Road Project, in an amount of $750,000.00 for a total amount not to exceed $5,636,738.25 with FY 2022 funding available from the Storm Water Capital Improvement Project (CIP) Funds. SUMMARY: This change order authorizes additional funding necessary to remove existing storm water piping in conflict with the new concrete roadway and install new arched storm water pipe below the new roadway. The additional funding will be placed in an allowance and used to pay Reytec on a time-and-material basis for work performed. BACKGROUND AND FINDINGS: The approved design drawings showed an existing 600-foot section of 24-inch storm water pipe to remain in place. During construction the contractor removed the existing asphalt road surface and started preparation of the subgrade when they discovered that the top of the existing 24-inch storm water pipe was going to be several inches into the new concrete roadway. Due to elevation and slope constraints the existing pipe could not be lowered. The engineer of record determined that the best solution to correct this conflict was to remove the existing storm water pipe and install new 19-inch x 30-inch arched pipe at the same location and elevation. The reduction in the pipe height will keep it out of the new concrete roadway while still allowing for the same volume of water to be conveyed. In addition to replacing the storm water pipe the existing manholes serving this section of pipe will need to be replaced as well. There are two other small sections of Junior Beck where similar conflicts exist and these conflicts will be resolved in the same manner. The City and Reytec were unable to agree on a lump sum proposal for this additional scope. Both parties have agreed to create a $750,000.00 allowance that will be used to cover all necessary work. Reytec will be paid on a time-and-materials basis which means they will have to submit supporting documentation (invoices, certified payroll, equipment rental rates, etc...) with each payment request for City staff to review and approve prior to payment. PROJECT TIMELINE: Change Order No. 2 will authorize an additional 84 calendar days to construction contract. The new anticipated substantial completion date of the project will be August 30, 2023. ALTERNATIVES: City Council could choose not to approve the Change Order No. 2. Not awarding the Change Order will compromise the structural integrity of the new concrete surface potentially leading to premature failure of the travel surface. FISCAL IMPACT: The fiscal impact for the FY 2022 is an amount of $750,000.00 with funding available from the Storm Water CIP Funds. Funding Detail: Fund: StrmWtr 2023 CIP (Fund 4533) Department Distribute Water (Dept 043) Organization: Engineering Services (Org 89) Project No: Junior Beck from Bear Lane to Old Brownsville Road (21088) Account: Construction (550910) Activity: 21088-A-4533-EXP Amount: $750,000.00 Overall Total $750,000.00 RECOMMENDATION: The fiscal impact for the FY 2022 is an amount of $750,000.00 with funding available from the Storm Water CIP Funds. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map CIP Page Project Location IP .y. Location Map j u a ti BEAR ^—, BEAR ro e b, s ENTERPRIZE e Lu 0I� WEST POINT PROJECT NO. 18023A JUNIOR BECK DRIVE - CITY COUNCIL EXHIBIT BEAR LANE TO CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES OLD BROWNVILLE �w3 Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 18023/21088 Project Name Junior Beck Dr(Bear Ln to Old Brownville) TM�` Type Reconditioning-Asset Longevity Department Public Works Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longevity Status Active Description Phase 1 of this project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps, signage,pavement markings,traffic signalization improvements,and concrete bus pads.Phase 2 consists of constructing a new roadway from the dead end to Old Brownsville Rd. This project is funded by Bond 2018 and a grant from the Economic Development Administration and Nueces County. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 3,199,580 3,199,580 Design 475,657 475,657 Storm Water-St. 303,735 303,735 WasteWater-St 701,188 701,188 Water-St. 885,570 885,570 Gas-St. 138,463 138,463 Eng,Admin Reimbursements 511,154 511,154 Total 6,215,347 6,215,347 Funding Sources Prior Years 2023 2024 2025 Total Economic Development Admin 3,000,000 3,000,000 G.O.Bond 2018 589,465 589,465 Nueces County 200,000 200,000 Revenue Bonds 2,425,882 2,425,882 Total 6,215,347 6,215,347 Budget Impact/Other There is no projected operational impact with this project at this time.Once this project is compelted it will be added to the Street Preventative Maintenace Program. 205 Corpus Chr sti Engineering Junior Beck Drive (Bear Lane to Old Brownsville Road) Council Presentation March 28, 2023 Location/Vicinity Map Corpus Chr sti Engineering �Ka LanWn Location Map --r ib 4 ""PROJECT NO. 18023A JUNIOR BECK DRIVE- CITY COUNCIL EXHIBIT BEAR LANE TO OLD BROWNVILLE Z Change Order No. 1 Corpus Chr sti Engineering This project provides for the reconstruction of Junior Beck Drive from Bear Lane to the dead end and new construction from the dead end to Old Brownsville Road as summarized below: Reconstruction: Bear Lane to the dead end • A new two-lane concrete pavement roadway, driveways, pavement markings, signage, street lighting improvements and utility improvements to water, wastewater, storm water and gas. New Construction: Dead end to Old Brownsville Road • A new two-lane concrete pavement roadway with safety illumination, cross culverts, and drainage swales on both sides. 3 Project Schedule Corpus Chr sti Engineering 2019- 2021 2021-2022 2022-2023 August -January Sept-January Feb- Aug Design Bid/Award Construction Projected Schedule reflects City Council award in January 2022 with anticipated completion in August 2023. �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 28, 2023 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Drew Molly, Director of Water Utilities drewma-cctexas.com (361) 826-1853 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2(a-)-cctexas.com (361) 826-3169 Construction Contract Award Nueces River Raw Water Pump Station Transmission Main CAPTION: Motion awarding a construction contract to Reytec Construction Resources, Inc., Corpus Christi, Texas, for Nueces River Raw Water Pump Station Transmission Main project in an amount of $7,421,783.00, located in Council District 1, with FY 2023 funding available from the Water Capital Fund. SUMMARY: This motion awards a construction contract for the Nueces River Raw Water Pump Station Transmission Main project.The project provides for the construction of approximately 4,600 linear feet of 54-inch water transmission main. The transmission main will be installed in an existing corridor, from Nueces River Pump Station to the O.N. Stevens Water Treatment Plant (ONSWTP). BACKGROUND AND FINDINGS: The Nueces River Raw Water Pump Station conveys raw water from Nueces River to ONSWTP through dual 54-inch water transmission mains. The new line will be parallel to the existing lines with no additional easements required. The Nueces River Raw Water Pump Sation conveys raw water from Nueces River to ONSWTP through dual 54-inch water transmission mains. This project will install a third 54-inch transmission main and give the pump station a firm capacity of 160 MGD. This project scope includes the construction of approximately 4,600 linear feet of 54-inch water transmission main with 780 linear feet of pipe installed by jack and boring techniques. The transmission main will be installed in an existing corridor, from Nueces River Pump Station to the ONSWTP. The project also includes installation of approximately 7,800 linear feet of 4-inch PVC conduit, the installation of valves, other appurtenances, and miscellaneous items required to complete project. PROJECT TIMELINE: 2017 - 2022 2022 - 2023 1 April - October N D J F March - October Design Bid/Award Construction Project schedule reflects City Council award in February 2023 with anticipated completion in October 2023. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids for the project and on December 14, 2022, the city received bids from four bidders. The City analyzed the bids in accordance with the contract documents and determined Reytec Construction Resources, Inc. to be the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Reytec Construction Resources, Inc. $7,421,783.00 SJ Louis Construction of Texas, LTD $8,966,969.22 Clark Pipeline Services, LLC $9,574,076.92 Guerra Underground, LLC $11,412,580.00 Engineer's Opinion of Probable Construction Cost $7,094,060.00 Reytec Construction Resources, Inc., has successfully completed numerous City projects including Six Points Intersection, Everhart Road — Holly Road to SPID, and Staples Street— Kostoryz Road to Brawner Parkway all featuring large diameter replacement. ALTERNATIVES: City Council could choose not to award the construction contract to Raytec Construction Resources, Inc. This would delay the improvements to the pump station's pumping capacity, reliability, and ability to meet peak water demands. FISCAL IMPACT: The fiscal impact for the FY 2023 is an amount of$7,421,783.00 with funding available from the Water Capital Fund. FUNDING DETAIL: Fund: Water 2023 CIP (Fund 4486) Department: Water (45) Project: Nueces River Raw Water Pump Station Transmission Main (Project No. E16417) Account: Construction (550910) Activity: E16417 Amount: $7,421,783.00 RECOMMENDATION: Staff recommends awarding the construction contract for the Nueces River Raw Water Pump Station Transmission Main project to Reytec Construction Resources, Inc. in the amount of $7,421,783.00. The construction duration is planned for 7 months from issuance of the Notice to Proceed to begin construction in March 2023 with completion in October 2023. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page PowerPoint Presentation N SCALE: N.T.S. Odem PROJECT LOCATION Doyle NUECES RIVER 624 NUECES BAY ANNAVILLE 77 N ~ ORR�OpR V Z QO Q V C� SHIP C o CORPUS CHRISTI 2 SOA O LEOPARD O a' ROBSTOWN z as s CORPUS CHRISTI 2 �Ok"� 286 INTERNATIONAL r AIRPORT 0R0 358 � 00 N N Y N O ? 3e r O�9 �i ,(>• MqR To 03 O o� hp4y pC 358 CABANISS FIELD 665 a3 O 00 Q' 286 VICINITY MAP NOT TO SCALE PROJECT NUMBER: E16417 1 NUECES RIVER RAW WATER PUMP CITY COUNCIL EXHIBIT �y CITY EN CORPUS CHRISTI,TEXAS STATION - TRANSMISSION MAIN DEPARTMENT OF ENGINEERING SERVICES SCALE N.T.S. w0 ., S� W NUECES PUMP STATION O PROPOSED WATER " ' TRANSMISSION MAIN 4� } " ft GUE i fl ry s b rn Eq T LN. . i f i W , ; . � 41 w . �y . 11111 , 14 }ti R NORTHWEST BLVD. AERIAL MA NOT TO SCALE � PROJECT NUMBER: E16447 e � h ._ NUECES RIVER RAW WATER PUMP CITY COUNCIL EXHIBIT ,- CITY OF CORPUS CHRISTI,TEXAS ` STATION — TRANSMISSION MAIN DEPARTMENT OF ENGINEERING SERVICES TABULATION OF BIDS TABULATED BY:JDMcMULLAN DATE: December 14,2022 TIME OF COMPLETION:300 CALENDAR DAYS NUECES RIVER RAW WATER PUMP STATION-TRANSMISSION MAIN Reytec Construction SJ Louis Construction of Texas.LTD Clark Pipeline Services.LLC Guerra Underground.LLC 1901 Hollister Street 1 051 5 Gulfdale St.,111 6229 Leopard Street 5114 Balcones Woods Dr.,307-425 Houston,TX 77080 San Antonio,TX 78216 Corpus Christi,TX 78409 Austin,TX 78759 Project No. E16417 (713)957-4003 (210)340-9998 (361)816-6007 (512)825-9508 UNIT UNIT UNIT UNIT DESCRIPTION QTY. I UNIT PRICE I AMOUNT PRICE AMOUNT PRICE AMOUNT I PRICE AMOUNT A GENERAL 1 Mobilization(Max 5%) 1 LS $ 250,000.00 $ 250,000.00 $ 332,733.81 $ 332,733.81 $ 431,445.13 $ 431,445.13 $ 550,000.00 $ 550,000.00 2 Bonds and Insurance(Max 2%) 1 AL $ 102,000.00 $ 102,000.00 $ 140,487.61 $ 140,487.61 $ 99,600.00 $ 99,600.00 $ 240,000.00 $ 240,000.00 3 Install and Remove Silt Fence 7780 LF $ 3.00 $ 23,340.00 $ 5.50 $ 42,790.00 $ 4.36 $ 33,920.80 $ 4.50 $ 35,010.00 4 Traffic Control 1 LS $ 45,000.00 $ 45,000.00 $ 51,000.00 $ 51,000.00 $ 16,185.00 $ 16,185.00 $ 46,675.00 $ 46,675.00 5 SWPPP 1 LS $ 22,000.00 $ 22,000.00 $ 32,300.00 $ 32,300.00 $ 31,125.00 $ 31,125.00 $ 17,000.00 $ 17,000.00 6 Trench Safety for Transmission Main Installation 3890 LF $ 10.00 $ 38,900.00 $ 0.01 $ 38.90 $ 11.21 $ 43,606.90 $ 3.75 $ 14,587.50 7 Trench Safety for Structures and Bore Pits 20 EA $ 360.00 $ 7,200.00 $ 10,000.00 $ 200,000.00 $ 9,337.50 $ 186,750.00 $ 2,500.00 $ 50,000.00 8 Well Pointing 1950 LF $ 1.00 $ 1,950.00 $ 72.00 $ 140,400.00 $ 99.60 $ 194,220.00 $ 79.00 $ 154,050.00 9 Pre-Construction Exploratory 390 LF $ 32.00 $ 12,480.00 $ 50.00 $ 19,500.00 $ 280.13 $ 109,250.70 $ 21.75 $ 8,482.50 10 Unanticipated Ozone Advisory Days 1 DAY $ 500.00 $ 500.00 $ 20,000.00 $ 20,000.00 $ 186.75 $ 186.75 $ 25,000.00 $ 25,000.00 11 Remove and Reinstall Existing Fence(All Types) 150 LF $ 25.00 $ 3,750.00 $ 150.00 $ 22,500.00 $ 8.93 $ 1,339.50 $ 175.00 $ 26,250.00 12 Remove and Re lace Trees 11 EA $ 1,400.00 $ 15,400.00 $ 5,000.00 $ 55,000.00 $ 2,490.00 $ 27,390.00 $ 22,000.00 $ 242,000.00 13 emove an erns a Is Ing ai oxes 1 EA $ 180.00 $ 180.00 1$ 500.00 $ 500.00 $ 435.75 $ 435.75 $ 57,000.00 $ 57 000.00 GENERAL IMPROVEMENTS: $ 522,700.00 $ 1,057,250.32 $ 1,175,455.53 $ 1,466,055.00 B STREET IMPROVEMENTS 1 12'Crushed Limestone(Type A Grade 1)Flexible Base 1900 SY $ 35.00 $ 66,500.00 $ 59.00 $ 112,100.00 $ 57.77 $ 109,763.00 $ 275.00 $ 522,500.00 2 3"Type D HMAC Pavement Repair 1500 SY $ 25.00 $ 37,500.00 $ 75.00 $ 112,500.00 $ 49.80 $ 74,700.00 $ 125.00 $ 187,500.00 3 Cement Stabilized Sand 1,500 SY $ 27.00 $ 40,500.00 $ 55.00 $ 82,500.00 $ 80.93 $ 121,395.00 $ 88.25 $ 132,375.00 4 Concrete Curb and Gutter Repair 130 LF $ 40.00 $ 5,200.00 $ 100.00 $ 13,000.00 $ 28.64 $ 3,723.20 $ 47.00 $ 6,110.00 5 Concrete Sidewalk Repair 110 SF $ 8.00 $ 880.00 $ 150.00 $ 16,500.00 $ 15.77 $ 1,734.70 $ 25.00 $ 2,750.00 6 Concrete Driveway Repair 1,310 SF $ 12.00 $ 15,720.00 $ 25.00 $ 32,750.00 $ 18.05 $ 23,645.50 $ 45.00 $ 58,950.00 7 Seeding(Including I opsoi 5,960 SY $ 4.00 $ 23,840.00 $ 16.00 $ 95,360.00 $ 9.34 $ 55,666.40 $ 4.25 $ 25,330.00 STREET IMPROVEMENTS: $ 190,140.00 $ 464,710.00 $ 390,627.80 $ 935,515.00 C WATER IMPROVEMENTS 1 54"Dia.Bar Wrapped Concrete Steel Cylinder Pipe Water LF $ 580.00 $ 2,256,200.00 $ 967.81 $ 3,764,780.90 $ 584.66 $ 2,274,327.40 $ 1,000.00 $ 3,890,000.00 Transmission Main Installed by Conventional Trenching 3890 78"Dia.Steel Casing with 54"Dia.Water Transmission Main 2 and Two(2)4"SCH 80 PVC Conduit(with 2500 Ib to 5000 Ib LF $ 3,430.00 $ 2,675,400.00 $ 2,761.00 $ 2,153,580.00 $ 4,800.38 $ 3,744,296.40 $ 3,835.00 $ 2,991,300.00 mule tape)Installed by Guided Auger Boring 780 78"Dia Steel Casting with 54"Dia Water Transmission Main 3 and Two(2)4"SCH 80 PVC Conduit Installed by Conventional LF $ 2,100.00 $ 252,000.00 $ 1,968.60 $ 236,232.00 $ 875.22 $ 105,026.40 $ 1,790.00 $ 214,800.00 Trenching 120 4 54"Dia.7 to 5`Pipe Bevel(WELDED) 14 EA $ 4,720.00 $ 66,080.00 $ 12,905.00 $ 180,670.00 $ 2,520.24 $ 35,283.36 $ 7,500.00 $ 105,000.00 5 54"Dia.5.5°to 22.5`Pipe Bend(WELDED) 1 61 EA 1$ 19,123.00 1$ 114,738.00 1$ 12,905.00 1$ 77,430.00 1$ 14,723.16 1$ 88,338.96 1$ 7,500.0$ 45,000.00 6 54"Dia.23`to 45.50 Pipe Bend(WELDED) 10 EA $ 25,815.00 $ 258,150.00 $ 12,905.00 $ 129,050.00 $ 22,811.89 $ 228,118.90 $ 7,500.00 $ 75,000.00 7 54"Dia.46"to 67.50 Pipe Bend(WELDED) 10 EA $ 32,713.00 $ 327,130.00 $ 12,905.00 $ 129,050.00 $ 31,149.90 $ 311,499.00 $ 10,985.00 $ 109,850.00 8 54"Dia.Cap(WELDED)and Concrete Thrust Block 1 EA $ 14,905.00 $ 14,905.00 $ 15,955.00 $ 15,955.00 $ 12,105.14 $ 12,105.14 $ 12,000.00 $ 12,000.00 9 6"Vacuum Relief/Air Inlet and Air Release Valves and Valve 5 EA $ 33,000.00 $ 165,000.00 $ 23,596.00 $ 117,980.00 $ 26,886.21 $ 134,431.05 $ 6,825.00 $ 34,125.00 Chamber 10 8"Vacuum Relief/Air Inlet and Air Release Valves and Valve 1 EA $ 39,000.00 $ 39,000.00 $ 29,211.00 $ 29,211.00 $ 35,435.03 $ 35,435.03 $ 15,625.00 $ 15,625.00 Chamber 11 10"Vacuum Relief/Air Inlet and Air Release Valves and Valve 3 EA $ 34,000.00 $ 102,000.00 $ 24,795.00 $ 74,385.00 $ 34,170.10 $ 102,510.30 $ 8,890.00 $ 26,670.00 Chamber 12 Blow-off Valve 1 EA $ 28,600.00 $ 28,600.00 $ 25,644.00 $ 25,644.00 $ 36,258.93 $ 36,258.93 $ 2,500.00 $ 2,500.00 13 Metal Post with Sign 5 EA $ 10,000.00 $ 50,000.00 $ 550.00 $ 2,750.00 $ 871.50 $ 4,357.50 $ 875.00 $ 4,375.00 14 Tie to Existing Discharge Pipe at River Pump Station 1 LS $ 50,500.00 $ 50,500.00 $ 40,551.00 $ 40,551.00 $ 40,021.77 $ 40,021.77 $ 15,000.00 $ 15,000.00 15 C.P.Test Stations 14 EA $ 700.00 $ 9,800.00 $ 2,500.00 $ 35,000.00 $ 18,490.00 $ 258,860.00 $ 525.00 $ 7,350.00 16 6"Dia C900 DR 18 PVC Watermain Installed by Conventional 610 LF $ 95.00 $ 57,950.00 $ 57.00 $ 34,770.00 $ 94.43 $ 57,602.30 $ 255.00 $ 155,550.00 Trenching 17 6"DIP Fittings(MJ with Mega Lug Joint Restraint Fitting) 6 EA $ 215.00 $ 1,290.00 $ 450.00 $ 2,700.00 $ 497.76 $ 2,986.56 $ 6,575.00 $ 39,450.00 18 Connect to Existing serine 2 EA $ 3,300.00 $ 6,600.00 $ 10,000.00 $ 20,000.00 $ 1,525.13 $ 3,050.26 $ 10,250.00 $ 20,500.00 WATER IMPROVEMENTS: $ 6,475,343.00 $ 7.069,738.90 $ 7,474,509.26 $ 7,764,095.00 D MIS IMPROVEMENTS 1 4"SCH 80 PVC Conduit(with 2500 lb to 5000 lb mule tape) 7780 LF $ 12.00 $ 93,360.00 $ 24.00 $ 186,720.00 $ 43.58 $ 339,052.40 S 126.75 $ 986,115.00 installed by Conventional Trenching 2 4"SCH 80 PVC Fittings 68 EA $ 25.00 $ 1,700.00 $ 75.00 $ 5,100.00 $ 18.68 $ 1,270.24 S 165.00 $ 11,220.00 3 Polymer Concrete Fun L3oxes junction L3oxes 1 101 EA 1$ 510.00 10.00 $ 2,200.00 $ 28000 $ 2,614.50 26,145.00 S 2,750.00 $ 27,500.00 MIS IMPROVEMENTS: $ 100,100 $ 13,020.00 $ 366,467.64 $ 1,024,835.00 E STORM WATER IMPROVEMENTS 1 4'Dia.Precast Concrete Manhole 1 21 EA 1$ 6,000.00 1$ 12,000.00 1$ 7,250.00 1$ 14,500.00 1$ 10,963.47 1$ 21,926.94 1$ 9,810.00 $ 19,620.00 2 4'x 3'Concrete Post Inlet 1 EA $ 3,800.00 $ 3,800.00 $ 6,150.00 $ 6,150.00 $ 5,664.75 $ 5,664.75 $ 8,800.00 $ 8,800.00 3 18"Dia.Reinforced Concrete Pipe(Incl.Headwall End 100 LF $ 150.00 $ 15,000.00 $ 298.00 $ 29,800.00 $ 257.30 $ 25,730.00 $ 325.00 $ 32,500.00 Treatment) q Reshape and Regraae ixisting uncn $ 12.00 $ 2,640.00 $ 50.00 $ 11,000.00 $ 62.25 $ 13,695.00 $ 278.00 $ 61,160.00 STORM WATER IMPROVEMENTS: $ 33,440.00 $ 61,450.00 $ 67,016.69 $ 122,080.00 F UNANTICIPATED ALLOWANCE 1 Unanticipated Utility Allowance 1 AL $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 80,000.00 2 Unanticipated Disposal of Contaminated Soil Allowance 1 AL $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 3 lAlowance 111 AL 1$ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 MISCELLANEOUS IMPROVEMENTS: $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 TOTAL BASE BID: $ 7,421,783.00 $ 8,966,969.22 $ 9,574,076.92 $ 11,412,580.00 BONDS:I Yes Yes Yes Yes ADDENDUMS 1: Yes Yes Yes Yes Page 2 of 2 Capital Improvement Plan 2023 tbru 2025 City of Corpus Christi, Texas Project# E16417 Project Name Nueces River Raw Water Pump St Trans Main Type hnprovement/Additions Department Water Department " Useful Life 40 years Contact Director of Water Utilities Category Water Distribution Priority 1 Critical-Health&Safety Status Active Description The O.N.Stevens WTP is being upgraded to meet an anticipated 200 MGD demand.Nueces River PS pumps water from the Nueces River to ONSWTP through 2-54"pipelines with a total capacity of 120MGD.This project would install a third 54"transmission main from Nueces River Pump Station to O.N.Stevens WTP and give the pump station a firm capacity of 160MGD to assist in meeting future demand requirements of 200MGD. Justification This project provides uninterrupted water supply from Nueces River. The need for reliable,redundant sources of raw water will be met and the City can confidently welcome new businesses. Should this project not be realized,and ONSWTP is faced with peak water demands,the City could face water shortages and a less than favorable public image. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 4,000,000 4,500,000 8,500,000 Inspection 20,000 100,000 100,000 220,000 Design 220,000 220,000 Eng,Admin Reimbursements 10,000 300,000 350,000 660,000 Total 250,000 4,400,000 4,950,000 9,600,000 Funding Sources Prior Years 2023 2024 2025 Total Revenue Bonds 250,000 4,400,000 4,950,000 9,600,000 Total 250,000 4,400,000 4,950,000 9,600,000 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. Operational budget impact should be improved through more efficient equipment. 328 Corpus Chr s[i Engineering Nueces River Raw Water Pump Station Transmission Main Council Presentation � March 28, 2023 _ Project Location -'� Engineering N N SC N.T.S. 0 SCPIE.WTI NUECES PUMP STATION ��'Q s � PROJECT LOCATION7 P n 0 PROPOSED WATER v °� +• TRANSMISSION MAIN A a ,.. 7EAGUELM NORTHWES"B�� 'f AERIAL MAP waNlrvMaP m, 4 I � PROJECT NUMBER:E16417 "• NOTTo scare xrnra srae PROJECT NUMBER:E18417 � -•�.! �'�d. * Ley-. Project Scope corpus chr sti Engineering A brief summary of proposed improvements is as follows: • Construction of approximately 4,600 linear feet of 54-inch water transmission main with 780 linear feet of pipe installed by jack and boring techniques. • Construction of 7,800 linear feet of 4-inch PVC conduit, installation of valves, other appurtenances, and miscellaneous items required to complete project. 3 Project Schedule Corpus Chr sti Engineering 2017 - 2022 2022 - 2023 2023 April - October N D J F March - October Design Bid/Award Construction Projected Schedule reflects City Council award in February 2023 with anticipated completion in October 2023. SC �o w h �� O F v N6OOPORP11 xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 28, 2023 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreyea-ccctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2a-cctexas.com (361) 826-1677 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2Ca)-cctexas.com (361) 826-3169 Construction Contract Award Trinity River Drive— FM 624 to Wood River Drive (Bond 2020, Proposition A) CAPTION: Motion awarding a construction contract to JE Construction Services, LLC., Corpus Christi,Texas, for reconstruction of Trinity River Drive from FM 624 to Wood River Drive, with new asphalt pavement and utility improvements, in the amount of$1,777,485.00, located in Council District 1, with FY 2023 funding available from the Street Bond 2020, Storm Water, Water and Waste Water Funds. SUMMARY: This motion awards a construction contract with JE Construction Services, LLC., Corpus Christi, Texas for complete reconstruction of Trinity River Drive from FM 624 to Wood River Drive. The existing roadway will be demolished and rebuilt with new asphalt pavement, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, street light improvements, and traffic and pedestrian signal improvements. In addition to surface improvements, the project includes stormwater, water, and wastewater improvements. BACKGOUND AND FINDINGS: The Project Scope of Improvements includes the complete reconstruction of Trinity River Drive from FM 624 to Wood River Drive, 0.19 miles. Trinity River's is currently a 2-lane roadway classified as Residential Collector (Cl) on the Urban Transportation Plan (UTP) with no striping and has 6" standard curb and gutter and 4' wide concrete sidewalks on both sides of the road. The existing right-of-way is 60' wide from Wood River to just south of River Walk Drive and 72' wide from River Walk Drive to FM 624. The existing pavement throughout the project limits contains failures consisting of potholes, alligator cracking, and rolled curb. The existing sidewalks and driveways at the apartment complex on the west side of Trinity River are severely cracked and broken. The steep apartment driveways are constructed as drainage swales and discharge stormwater runoff into Trinity River. The existing curb ramps within the project limits do not appear to be compliant with current ADA requirements. Existing City utilities include the following: an 8" asbestos concrete pipe (ACP) waterline along the west side of Trinity River, an 8" vitrified clay pipe (VCP) wastewater line crossing Trinity River on the east side of Wood River, and an existing 6" wrapped, steel gas line crossing Trinity River on the north side of FM 624. Existing curb inlets are located on the east side of Wood River on the north and south sides of its intersection with Trinity River. Per the City's UTP, Trinity River Drive, between FM 624 is a Residential Collector(Cl) and should contain parking lanes on each side of the road and one travel lane in each direction. The new roadway will include 9'-wide parking lanes and 11'-wide travel lanes in each direction, 6"standard curb and gutter and 5'-wide, tied sidewalks on each side of the road. This lane configuration will be constructed from Wood River Drive to River Walk Drive. South of River Walk Drive, the new roadway will transition to one 12'-wide north-bound travel lane, a 14'-wide dedicated left-turn lane, and a 14'-wide straight/right-turn lane at the intersection with FM 624. The parking lanes will terminate on the north side of River Walk Drive. The pavement width will remain the same at 44' back-to-back throughout the project limits. All proposed surface improvements are constructible within the existing right-of-way. The existing underground utilities like water, wastewater and stormwater will be upgraded. PROJECT TIMELINE: 2021 - 2023 2023 2023 August - January February - March May - October Design Bid/Award Construction Project schedule reflects City Council award in March 2023 with anticipated completion by October 2023. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on January 16, 2023, for the proposed Trinity River Drive construction project. The solicitation contained two base bids, Base Bid 1 (asphalt) and Base Bid 2 (concrete). On February 15, 2023, the City received four bids for HMAC Pavement and three bids for Concrete Pavement. A summary of the bids is provided below. Bidder Base Bid 1 HMAC Base Bid 2 Concrete 1 JE Construction Services, LLC $1,777,485.00 $1,952,588.00 2 Mako Contracting $1,830,378.04 $2,069,257.32 3 Bay Ltd $2,231,650.00 Not Bidding 4 Clark Pipeline Services, LLC $2,349,735.76 Not Bidding 5 Reytec Construction Resources, Inc Not Bidding $2,022,136.10 Engineer's Opinion of Probable 1,912,000.00 2,379,000.00 Construction Cost All five (5) bidders are local contractors that have recently constructed City of Corpus Christi Street improvement projects. JE Construction Services LLC., is the Low Bidder for both Base Bid 1 HMAC and Base Bid 2 Concrete. The cost difference between HMAC and Concrete is $175,103.00 and the project includes 0.66 lane miles of pavement. The difference between the HMAC and the concrete pavement is higher than the allowable cost differential that the City will pay of$82,617.19 to receive concrete. Per City Council Policy 28 - Award Guidelines for Arterial and Collector Streets, an award recommendation for concrete pavement is made if the construction cost for concrete pavement does not exceed $125,000.00/lane mile ($17.75/SY) of the asphalt cost. After review of the received bids, City staff recommends that the City award the construction contract to the Low Bidder — JE Construction Services LLC., with Base Bid 1 HMAC, in accordance with the City's current policies regarding pavement selection. JE Construction Services LLC., has successfully completed many street projects with the City of Corpus Christi. Some of the recently completed projects include Waldron Road from Purdue Road to S.P.I.D (21057), Airline Road from S.P.I.D to McArdle Road (18004A) Bond 2018, RSRP Part C 2021, RSRP Part A 2022 etc. ALTERNATIVES: Council could choose not to award the contract to JE Construction Services LLC., This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The item proposes to award a construction contract to JE Construction Services LLC., in the amount of$1,777,485.00 for the reconstruction of Trinity River Drive from FM 624 to Wood River Drive. Project funds are available in Street Bond 2020 and FY2023 Storm Water, Wastewater, and Water. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2023. The project is ready to be implemented. Fund: ST2021 Bd20 A (Fund 3558) Department: Streets (33) Organization: (89) Project: Trinity River Dr. - (FM 624 to Wood River Dr.) Project No. 21049 Account: Construction (550910) Activity: 21049 -3558-EXP Amount: $1,227,333.70 Fund: StrmWtr 2022 Cl (Fund 4533) Department: Stormwater (47) Organization: (89) Project: Trinity River Dr. - (FM 624 to Wood River Dr.) Project No. 21049 Account: Construction (550910) Activity: 21049 -4533-EXP Amount: $75,380.13 Fund: WW 2022 CIP (Fund 4258) Department: Wastewater (46) Organization: (89) Project: Trinity River Dr. - (FM 624 to Wood River Dr.) Project No. 21049 Account: Construction (550910) Activity: 21049-4258-EXP Amount: $84,048.22 Fund: Water 2023 CIP (Fund 4486) Department: Water (45) Organization: (89) Project: Trinity River Dr. - (FM 624 to Wood River Dr.) Project No. 21049 Account: Construction (550910) Activity: 21049-4486-EXP Amount: $390,722.95 Overall Contract Total: $1,777,485.00 RECOMMENDATION: Staff recommends awarding construction contract to JE Construction Services LLC., for reconstruction of Trinity River Drive from FM 624 to Wood River Drive in the amount of $1,777,485.00, with construction duration planned for 6 months from issuance of the Notice to Proceed with construction starting in May 2023 and completed by October 2023. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs (Asphalt and Concrete) CIP Page Power Point Presentation -ULATION OF BIDS TAII LAT11 11. AT, T -TA I T-,I.-I 1� I I 1 11"111 1 11"111 1 11 1 11 11"1 11 1 11"111 T-1-1.111- 1 1 1 1"111 1 1 11 1 1 11 1 1 11 1 1.11 1 "111 1 I I T-,1.-1 1- 111- 1 1"111 1 1 11 1 1 11 11 1 1"111 1 11.11 1 11"111 1 ..... ... I I I 5:17 I -lo oo I I'lo 1 88,1110 1 oo �l 10 I—ed Lme101e 11)(1 11 1"1 oo 1 l800 1 lo"1800 1 lo.I "I'l000 I lolo I 11—lo I,me lo.�10-lo- 1 8—o 1 81,oo 1 11 11 1 "I'llo I loo 1 Ilo800 1 18,1 lo,1811 I I oo 1 11 11 1 —"111 1 11.1 1 —81810 I"I sl I Iloo I loll000 1 810 1 18—.1 81,oo 1� I I l0000 I Il0000 I I"olo I "o,oo I I 000 I Il0000 1 1—oo I I—oo I Speed L,ml S,g,�l 1 10)(1- Ial lole a,d—Ia,Sl,p—e) I 1� I Il000 I Il000 1 88loo 1 88loo 1 1 000 I I 00000 I —oo I —oo I S,g,(�1011)�,,l Ial lole a,d Sl,p I 1� 1 88000 1 88000 1 81110 1 81110 1 1 o.00 I I 00000 I I'llo I —lo —,o loo I �o 8o 1 —o 1 l0000 I l0000 1 �8 oo 1 �8 oo I load—o.S,g,�I Ial I ole a,d Sl,p I I —oo I l0000 1 88loo 1 1-oo —oo oo Slgl Fl 8L)(111 Ial I ole I 1� I 0000, l0000 A I o.00 oo 101le a d Sl,p—) I 1� 1 8 oo I RE I —lo 88000 8 o I I �,g.lu,e S,g,�l 11)�,,l Ial lole a,.ua'S p 88000 88000 1 1 o.00 I I 00000 I I'llo Lel�l 8 a 7e ad I—oo I I 00000 I l000.I I I SI, Lel�l 8 —oo S,gn I,g.�81)�n,l Ial lole and I 1� I I I—oo I I 00000 I l00000 I I'llo I —ULATION OF BIDS TAII LAT11 11. 1 AT, 11 —.CES, .—T-- Al,LT.. C—IIIELI.E SE—CES, T 1p lTmye�Me�1;, p lTmye�Me' --TYl I"I I I 1 11 1 1"111 1 111 1 1"111 1 1 1 1"111 1 1 1 1 11 Pave—M-TYI W(I(ILI)(11 1— I I 1 11 1 1—11 1 111 1 1 111 111 1 1"1�,I I I I"111 Pave—M-TYI W(1 (11 11 1 1 1 11 1 11 11 1 111 1 1111 1 111 1 11 11 1 1 1 1�11 MaT,,Im,,,T.Y.C(,HeIMA)1,1,e6 P-1 P,e..e6 I IA I "111 1 "111 1 "111 1 "111 1 1111 1 —11 1 "111 1 "111 P-- I IA I "111 1 "111 1 "111 1 "111 1 -11 1 "111 1 "111 1 "111 lelel,ve P--Ma,l 11- 11 IA I 111 1 "111 1 11 1 1 11 1 "111 1 111 1 "111 lelel,ve P--Ma,l�11 I IA I 111 1 1111 1 11 1 1111 1 1111 AT-1) — Cl M.11—,(11 Ma,P al C) I Ll I I"111 1 1"111 1 "111 1 "111 —000 '00000 Cl lem—1.1,C—le 1,6e-11 '00 00 0', "M 00 Cl C—le 16-11 1"1 11"111 1 111 1 11111 Cl C—le—la I— 11"111 1 1111 1 Cl .1-—- I I"111 1 1"111 1 500000 5 MO 00 1 500000 1 500000 1 500000 Pa,e I -ULATION OF BIDS TAII LAT11 11. 1 AT, T. ........ -ULATION OF BIDS TAII LAT11 11. 1 AT, T " - I 11 �-T 1-1(111 (11-1 Tll - I 1 1111 1 11 11 1 1111 1 11"111 1 11.I I"111 1 1111 1 11"111 11 �-T(-)(111 (11-1 Tll 11 1 1 1111 1 1 11 1 1111 1 "111 1 11.I I-11 1 �,11 1 1"111 11 �11--TI�(111111)-1- 1 1� I I"111 1 1"1 11 1 1"1 11 1 I'll 11 1 1.111 1 11"111 1 1�,111 1 1"111 11 LL 1-T(Tll 11Ll l�) - I I "111 1 1"1 11 1 "111 1 1"111 1 .111 1 1 11 1 "111 1 1"111 Lll Fll III T11- "I 111 1 "111 1 "1 1 "111 1 111 1 "1 1 1 111 1 "111 III T11- 11 111 1 1-11 1 111 1 1"111 III T11--111(11 (1-11) 111 1 "111 1 111 1 "111 ........... ........ ........ ---ZZ, r.l= I T11111 11 IT11IT"I"T 11 1 "111 1 1"1 11 1 1"111 1 1"111 1 1 11 1 1"111 1 2-4750 00 1 00 1 1000 1 1117000 1 - I-1 111-70 11 1 1-7 1—o I lo, 1 711 1 2700 1 4111100 1 — 1 40-1 1111000 1 2170 1 -—10 I ±159 I —— —— I —oo I ll0000 1 711000 1 71 '00000, '00000, '00000, -000, '00000, '00000, '00000 ..T.—I.T 1—1-1 11 1 "I'loo 1 7111200 1 11071100 1 1111121 1 1) 1 1 1 1200000 1 1200000 11 11000 00 1 1 1100000 1 1 27000 00 1 2700000 11 1110140 1 1 1110140 12 —1,(1- 11 1 4100 1 411100 11 1012 1 1 —I --I --I --1 1-10 11 11 17 1 12111 17 , ""000' 1 117147 14 11001--l-(1-I— v 111 1111 —12 -I I'— 1 11 1 l0000 11 "0000 F "000 I —ULATION OF BIDS TAII LAT11 11. 1 AT, 11 —.CES, .—T-- Al,LT.. C—IIIELI.E SE—CES, T 111 1.1-1 T.1.111,1 1 1� I I"111 1 11"111 1 1"111 1 1 11 1 11"1 11 1 11 11 1 1"111 1 1 11 111 1.1-1 T.1.111,1 11111 1 1 1"111 1 1 ll�11 1 1"111 1 1"111 1 1 1 "111 1 1"111 1 III I T- I 1� I I"111 1 1"111 1 1"111 1 1"111 1 1 1.11 1 1"111 1 "111 1 1"111 III T�1 1- 1�l T-) I 1� I 1 11 1 1"1 11 1 1"111 1 11"111 1 11"1 11 1 111 111 1 1 11 1 11"1 III T�1 1-1�1— 1 11 1 11"111 1 11"1 11 1 11"111 1 11 11 1 11"111 [7fA.SI�11-111E— SECT11"11 1111-ASI—E TA"I 1AS's 1111—E"T) -ULATION OF BIDS TAII LAT11 11. 1 AT, 11 -.CES, .-T-- Al,LT.. C-IIIELI.E SE-CES, T -T I-E-1- -T�-------.-�l TABULATION OF BIDS m G..p,lnc. E:$2,3]9,000 BID DATE.Wetlneztlay,FeUruary 15,2023 ur TIME OF COMPLETION.120 Calentl.1 Day. TRINITY RIVE VE IFM624TO WOOD RIVER)BOND 2020 ECONST SERVICE NN KO CONTRACTING CITY PROJECT qTT. UNTPRICE I AMOUNT UNIT PRICE AMOUNT UNITPRICE AMOUNT BASE BID NO.2-CONCRETE PART AA- RAL IF.,SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) AAl aalo,(5%Max.Part PA) 1 LS $ 5000 00$ 5 000 00 $ 10 000 00 $ 10 00000 $ 10 000 00 $ 10000 00 s nsuance $ 0$ 0 $ 0 $ 0 $ 0 $ PA2 Bontl&I 1 AL 220000 220000 3]0000 3]0000 340000 3400000 On a,r ouIon —Ion an $ 0$ 0 $ 0 $ 0 $ 0 $ 10000 00 n, met 2 EA $ 0$ 360 00 $ 150 00 $ 300 00 $ 100 00 $ 200 00 Irze oris—t— ,ante 2 EA $ 3000 00$ 6 000 00 $ 2 100 00 $ 0 $ 4 000 00 $ eveg,ttlo,(St Ao ,o Sod) $ 12 00$ 11 496 00 $ 7 00 $ 6 706 00 $ 10 00 $ AA7 -PIc Ona E1,g,By Pat,sslonal E,g—,(ALL PHASES) 1 LS $ 19000 00$ 19 000 00 $ 15 000 00 $ 15 000 00 $ 19 160 25 $ 19 160 25 Ic onal 1 LS $ 5900 00$ 5 900 00 $ 5 000 00 $ 5 000 00 $ e $ Tempary Taffll Signal Design By Pafllslo,al Engineer 1 LS $ 14500 00$ 14 500 00 $ 2 500 00 $ 2 500 00 $ 5 000 00 $ 5000 00 Tempary Tafflc Sl,gal lmpIP—t-(ALL PHASES) $ 0$ 0 $ 0 $ 0 $ 0 $ PA10 1 LS 260000 260000 240000 240000 24]250 24725 00 -11 Ic Ona ems(BaMatl Signs,&Tafflc H a,tlll,g) 5 mo $ 1 150 00$ 5 750 00 $ 15 00000 $ 75 000 00 $ 117 6e $ mle o,1ae—Pl,(20) 5 EA $ 2600 00$ 13 000 00 $ 2 100 00 $ 10 500 00 $ 1 500 00 $ 7500 00 -13 c,o- Usage B—d 2 EA $ 1 500 00$ 3 000 00 $ 000 00 $ 16 000 00 $ 3 $ 19 160 26 J-1,11 111;9,BoaN $ 0$ 0 $ 0 $ 0 $ 5$ 4023 65e Boartls(METRO Com p-Message Boartl) $ 0$ 0 $ 0 $ 0 $ 0 $ 17691 30gh -Way $ 0$ 0 $ 0 $ 0 $ 0 $ 30000 00c Ion Bay S $ O$ 5 00 $ 500 00 $ 2 500 00 $ 1 00 $ 5 00 SUBTOTAL PART A GENERAL(ift—Al th 17) $ 1 0$ 242 656 00$ TABULATION OF BIDS m G..p,lnc. E:$2,3]9,000 BID DATE.Wetlneztlay,FeUruary 15,2023 ur TIME OF COMPLETION.120 Calentl.1 Day. "I RIVE VE IFM62a TD WOOD RIVER) 2020 ECONST SERVICE NNKO CONTRACTING LL 11 _ SC"ST __1 I CORPUS CHRISTI TX78411 qTT. PART BE-STREET TS I—SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) as lo0(5%Max.Part BB) 1 ITS $ 38600 00$ M 600 00 $ S5 000 00 $ 45 00000 $ 45 000 0 $ 45000 00 5000 00 move xlstlOg S191, $ 0$ 0 $ 0 $ 0 $ 0 $ move o e nveway 3 526 SF $ 3 00$ 0 $ 0 So $ 2 320 30 $ 5 00 $ 17630 00 ee Ex--,(1 B.C) 5 341 SY $ 17 00$ 10 797 00 $ 1700 $ 90 79700 $ 15 00 $ 30 115 00 ompaste0 Subg,a w p B"T—Sbbll¢e0 Subgatle(1' $ 0$ 0 $ 0 $ 0 $ 0 $ 313 126 50 OC) 4"Type'B'T.- 5 341 SY $ 43 00$ 229 66300 $ 4200 $ 224 322 00 $ 59 26 $ 316 507 66 B137 6 4 000 PSI onl0uously PPIlfoP,d Concrete Pavement 5 117 SY $ 74 00$ 0 $ 110 00 $ 562 370 00 $ 75 00 $ ncr e nveway 3 3. SF $ 15 00$ 50460 00 $ 11 00 $ 37 004 00 $ 3 50 $ 213 594 00 B139 CoPbo Stop SIg,(R1-i)5—t Name 31—,(Incl..-1 Pole 2 EA $ 0$ 0 $ 0 $ 0 $ 0 $ 2301 00 �a0gular Sllp Base) Spee-umR SIg,(R2-130)(IIncl.Mebl Pole antl T,a ,lar Sllp Base) 1 EA $ 910 00$ 910 00 $ 300 00 $ 300 00 $ 335 00 $ 3135 00 3B 11 No rucC,Slg,(K-1051)(Incl.Mebl Pole antl TAar(qular Sllp Base) 1 EA $ 3130 00$ 3130 00 $ 775 00 $ 775 00 $ 355 50 $ 355 50 z°eWa- y Taffle Slg,(K672H)(IOsl..-I Pole antl Tnar(qular Sllp 1 EA $ 0$ 3130 00 $ 775 00 $ 775 00 $ 355 50 $ 355 50) BB13 20.P IT SIg,(W131-20) 1 EA $ 73 00$ 7300 $ 6400 $ 00 $ 70 30 $ 70 30 artow S19,(W51)(IIncl..-I Pole antl T,a ,lar Sllp Base) 1 EA $ 900 00$ 900 00 $ 300 00 $ 300 00 $ 335 00 $ 3135 00 Only tett Stralgbt A,-SIg,(P—)(Incl.Metal Pole $ 0$ 0 $ 0 $ 0 $ 0 $ rlangular S3135 00 llp Base) 1 EA ury SIg,(W i el_)(Incl.Mebl Polea00 T,a gular Sllp Base) 1 EA $ 3130 00$ 3130 00 $ 775 00 $ 775 00 $ 355 50 $ 355 50 Rlgbt Curve Slgl(Wl-2R)(Incl.Mebl Polea00Trta0gular Sllp Base) 1 $ 3130 00 $ 775 00 $ 775 00 $ 355 50 $ 355 50 Alignment SIg,-Lett(Wi-3(Incl..-I Pole $ O$ O $ 0 $ O $ 0 $ rlangular Sllp Base) TABULATION OF BIDS TABUITIDBY.D.11, m G..p,lnc. E:$2,3]9,000 BID DATE.Wetlne.tlay,F bruary 15,2023 ur TIME OF COMPLETION.120 Calentl.1 Day. TRINITY RIVE VE(FM624TO WOOD RIVER)BOND 2020 JE CONCLCSTRUCTION SERVICE INCMAKO CONTRACTING CITY PROJECT qTY. "U'HULL11 FEM T UN DESCRIPTION11AS(9—t Slgn- RIght(Wi-SR)(Incl.Metal Pole $ 0$ UN 0 $ 0 $ UN AMOUNT 2 EA 870 1 7,40 765 1 530 0 $ 0 $ Bangui rsllp Base) e<ve averee -19,TYlro(24)(SLD)(90H,l)C— 99 LF $ 22 00$ 0 $ 2400 $ 2 376 00 $ 25 96 $ 2570 04 ,king N tAppoeo Pretax Premnneo �opam�Re--Pavere ent Maninga cN)(24")(SLD)(125 4e $ 22.6$ 1 056 00 $ 1900. $ 912.6 $ 21.4 $ 1 019 52 H,l)Smp BaT ,long N tAppoeo Prefab Premneo �opamt-lett,P—Hent Maninga(W)(24")(SLD)(125 2 $ 22.6$ 6 $ 19.6 $ 6 $ 21.4 $ 2676 24 n)Creasvalk vereent M-nga TYC(BLA)(6)(SLD)(90 reel)- 348 LF $ 6$ 3 132 00 $ 7 50 $ 2 610 00 $ 26 $ e<lve aveHe -ngaTY.1(W) (SLD)(90H,l) 100 LF $ 2 00$ 200 00 $ 1 90 $ 190 00 $ 2 07 $ 207 00 e<lve He -ngaTY.1m(4)(SLD)(9Drelp 2 C2 LF $ 1 00$ 6 $ 0 75 $ 1 536 00 $ 3 $ e<lve aveHe -ngaTY.1(W)(4)(SLD)(90H,l) 1 475 LF $ 1 00$ 1 475 00 $ D $ 1 30 00 $ 9 $ 1 312 75 e<lve He -ngaTY.1(W)(4)(—)(90H,l) 61 LF $ 1 00$ 61 00 $ 0 m $ O $ 9 $ 54 29 �Mng N C NeatAppoeo Prefab Prefaneo $ 6$ 6 $ 6 $ 6 $ 6 $ Ther�mop astic tuy)Nwb)^ON,(125 rely1 EA 354 00 9 N C HeatAppoeo Prefab Prefaneo $ 6$ 6 $ 6 $ 6 $ 6 $ �opani�Ny)etLe,rrknm--)(125 rell) 1 EA �xmg N C HeatAtpueo Prefab Prefaneo $ 6$ 6 $ 6 $ 6 $ 6 $ The�opani�Nv)etsoalpbERlgbtT_All-)(125 rell) 1 EA 560 50 -,ed e ec lve Have,,en alk,ng,(TYIFIA)Yellow 52 EA $ 00$ 416 00 $ 6 50 $ 332 00 $ 7 M $ lae eeTlve avereen a,Mng.Rvl4e-e)eme $ 6$ 6 $ 6 $ 6 $ S $ wance or nan0cipa[etl Stre4lmprovemerrtz(MANDATORY) $ 0$ 0 $ 0 $ 0 $ 0 $ 15000 00 STREET TS(KenI.BB11NfUBB.) $ D$ D$ 1 005 635 56 EMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) bllaatlOn Max Part Part CC) 1 1 1 Ls $ D$ D 1$ 5 000 00 $ 5 000 00 $ 6 500 00 $ 6500 00 TABULATION OF BIDS m G..p,lnc. E:$2,3]9,000 BID DATE.Wetlneztlay�FeUruary 15,2023 ur TIME OF COMPLETION.120 Calentl.1 Day. TRINITY RIVE VE(FM624TO WOOD RIVER)BOND 2020 BE CONLLCSTRUCTION SERVICE INCMAKO CONTRACTING CITY PROJECT FEM DESCRIPTION qTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT CCG move Ex,,tUgC —R,SId—k 7 795 SF $ 3 00$ 23 385 00 $ 0 50 $ 3 897 50 $ 5 00 $ 38975 00 ncr e SdOw $ 12 00$ 99 552 00 $ 9 90 $ 0 $ 12 00 $ 99552 00 CCR ncr e CID P—P, 1 174 SF $ 34 00$ 39 916 00 $ 2200 $ 25 82800 $ 30 00 $ 35220 00 wance F.,nan0cipa[etl ADA lmprovemenE(MANDATORY) 1 AL $ 50000$ 0 $ 0 $ 0 $ 0 $ iS UBTOTAL PART CC-ADA IMF ROVE ME S-(1—s CC1 U,U CC5) $ 853001$ 0$ PART DD-TRAFFIC SIGNALS AN D STREETLIGHT IMF ROVE ME NTS UP.,S ECTION 012901 NEASU REM NT) IIW lo0(5%Max.P—D) 1 ITS $ 7000 00$ 7 000 00 $ 7 500 00 $ 7 500 00 $ 0 $ OT(PVC)(SCH 40)(2")WITH MULE TAPE $ 0$ 0 $ 0 $ 0 $ e $ 8000 00 1233544 GT(PVC)(SCH 40)(3")WITH MULE TAPE 34 LF $ 30 00$ 1 020 00 $ 3200 $ 1 088 00 $ 29 00 $ 986 00 FOR GROUND BOX TV A(122311)/APRON 5 EA $ 1 290 00$ 6450 00 $ 1 130 00 $ 5 650 00 $ 1 231 92 $ 6 159 60 DD5 DRILL SHAFT(24 IN) 11 4 LF $ 160 00$ 1 324 00 $ 145 00 $ 1 653 00 $ 156 60 $ 1 7E5 24 DD6 DRILL SHAFT(TRF SIG POLE)(30 IN) 11 3 LF $ 300 00$ 3 390 00 $ 272 00 $ 3 073 60 $ 295 ED $ 3342 54 DD7 TRAY LE IF CONDR)(12 AWG) $ 3 00$ 714 00 $ 2 70 $ 642 60 $ 2 90 $ SIG(J PGRADE) 1 EA $ 51 000 00$ 51 000 00 $ 55 600 00 $ 55 60000 $ 52 200 00 $ 52200 00 SEC(12 IN)LED(GRN) 2 EA $ 375 00$ 750 00 $ 332 00 $ 6.00 $ 359 60 $ 719 20 SEC(12 IN)LED(GRN ADW) 1 EA $ 375 00$ 375 00 $ 3 322 00 $ 3 322 00 $ 359 60 $ 359 60 SEC(12 IN)LED(YEL) 2 EA $ 375 00$ 750 00 $ 332 00 $ 6.00 $ 359 60 $ 719 20 DD 12 VEH SIG SEC(12 IN)LED(YELADW) 2 EA $ 375 00$ 750 00 $ 332 00 $ 0 $ 0 $ SEC(12 IN)LED(RED) $ 0$ 0 $ 0 $ 0 $ 0 $ TABULATION OF BIDS m G..p,lnc. E:$2,3]9,000 BID DATE.Wetlneztlay,F bruary 15,2023 ur TIME OF COMPLETION.120 Calentl.1 Day. TRINITY RIVE VE(FM624TO WOOD RIVER)BOND 2020 BE CONLLCSTRUCTION SERVICE INCMAKO CONTRACTING CITY PROJECT FEM DESCRIPTION qTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT DD 14 VEH SIG SEC(121N)LED(REDARW) 1 EA $ 375 00$ 375 00 $ 332 00 $ 332 00 $ 359 60 $ 359 60 DID 15 PED SIG EC(LED)(COUNTDOWN) 2 EA $ 680 00$ 1 360 00 $ 600 00 $ 1 200 00 $ 651 92 $ 1 303 84 DID 16 EACLPI-ATE\ DR(3SEC)ALUM 2 EA $ 260 00$ 520 00 $ 230 00 $ 460 00 $ 0 $ DID 17 BACKPI-ATE\ DR(4SEC)ALUM 1 EA $ 300 00$ 300 00 $ 276 00 $ 276 00 $ 299 213 $ 299 213 DDH3 TEF SIG CBL(NA)(14AWG)(2 CON DR) 122 $ 0$ 0 $ 0 $ 0 $ 2$ 213 04 DID 19 TEF SIG CBL(VA)(14AWG)(4 CON DR) $ 0$ 2 32 00 $ 2 70 $ 2 143 ED $ 290 $ 2302 60 BL(NA)(14AWG)(5CONDR) 137 $ 3 00$ 411 00 $ 2 ISO $ ME 60 $ 302 $ 413 74 DD21 TEF SIG CBL(NA)(14AWG)(CON DR) 134 $ 4 00$ 536 00 $ 3 00 $ 402 00 $ 325 $ 435 50 DD22 TEF SIG CBL(NA)(14AWG)(9 CON DR) 516 $ 4 00$ 2 064 00 $ 3 50 $ 1 306 00 $ 371 $ 1 914 36 DD23 INS TDF SIG AM(S)l ARM(32)LUM&ILSN 1 EA $ 26000 00$ 26 000 00 $ 29 100 00 $ 29 10000 $ 0 $ 24940 00 $ 1 300 00$ 2 600 00 $ 1 155 00 $ 2 310 00 $ 1 252 ED $ 2505 60 DD25 PED DETECT PUSH ON(APS) 2 EA $ 3200 00$ 6400 00 $ 2 330 00 $ 5 660 00 $ 3 067 04 $ 6 134 DIE CABLE(INSTALL) 222 LF 1$ 4 00$ EEI3 00 $ 3 20 $ 71040 $ 342 $ 759 24 RA(INSTALL) 1 EA $ 2500 00$ 2 500 00 $ 2 lEO 00 $ 2 HY0 00 $ 2 360 60 $ 2360 60 [Iclp—T—Slgnal.Antl St—,ght 1 AL $ 0$ 0 $ 0 $ 0 $ 0 $ 10000 00 Improvanerrtz(MANDATORY) SUBTOTAL PART 0 TRAFFIC SIGNALS AND STREETLIGHTIMPROVEMENTS(Items $ 143 0 153 95940T$ 028) PART EE-DRAINAGE TS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) as lon(5%Max.Part EE) 1 1 ITS $ 0$ 0 $ 0 $ 0 $ 0 $ AOJus[Exlstlng StnOnw,Ring&Cover $ 0$ 0 $ 0 $ 0 $ 0 $ 35 250000 0000 TABULATION OF BIDS re G..p,lnc. E:$2,3]9,000 BID DATE.Wetlneztlay,FeUruary 15,m23 nr TIME OF COMPLETION.120 Calentl.1 Day. TRINITY RIVE VE(FM62g TO WOOD RIVER)BOND tom JE CONLLCSTRUCTION SERVICE INCMAKO CONTRACTING CITY PROJECT FEM DESCRIPTION OTT. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT move xstlng Curt—Gutter 1 817 LF $ 5 00$ 9 085 00 $ 1 60 $ 2 907 20 $ 10 00 $ 18 170 00 n ar ur b—T, 1 739 LF $ 9 00$ 15 651 00 $ 8 00 $ 13 91200 $ 28 00 $ 48692 00 nn elt t,xlstlng C-1-O2lnage Flume 1 EA $ 480 00$ 480 00 $ 1 600 00 $ 1 600 00 $ 2 500 00 $ 2500 00 UP— 6 (MANDATORT)Of UnantlClPatetl Drainage Improvements 1 AL $ 0$ 0 $ 0 $ 0 $ 0 $ iSUBTOTAL PART EE DRAINAGE TS(It.s EE1 tnr.EEE) $ o$ o$ PART FF-IhATER TS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) laa lon(5%Max.Part FF) 1 LS $ 14000 00$ 14 000 00 $ 13 000 00 $ 13 00000 $ 15 000 00 $ 15000 00 FF2move xlstlng 12 ACP Wa 0-(Incl.Devouring L-) 93 LF $ 48 00$ 4464 00 $ 1400 $ 1 302 00 $ 60 32 $ 5609 76 FF3move xlstlnge"ACP W-111e(Incl.Oevauring L,n) 1 Oil LF $ 33 00$ 33 363 00 $ 1000 $ 10 11000 $ 60 32 $ 60983 52 FF4move xlstlng 6"C900 PVC Waurllne(Incl.D—P,ng 53 LF $ 42 00$ 2 226 00 $ 1000 $ 530 00 $ 0 $ 1 84440 FF5move an alvoge Exlsl,g Ftre Hy02nt 3 EA $ 1 200 00$ 3 600 00 $ 900 00 $ 2 700 00 $ 580 00 $ 1 740 00 FF6 12 C900 PVC aerine(OR 18) 98 LF $ 230 00$ 22 540 00 $ 134 00 $ 13 13200 $ 191 40 $ 18757 20 FF7 8 C900 PVC aerine(OR 18) 1 097 LF $ 110 00$ 120 67000 $ ill 00 $ 121 767 00 $ 10440 $ 114 526 80 nc Sauty 2 352 LF $ 3 00$ 7 056 00 $ 0 50 $ 1 176 00 $ 2 32 $ 5456 64 nn elt T,xlst,,g 12"ACP 2 EA $ 4000 00$ 8 000 00 $ 3 530 00 $ 7 060 00 $ 10.0 00 $ 20880 00 nn elt T,xlst,,g 8"ACP 3 EA $ 3700 00$ 11 100 00 $ 2 864 00 $ 8 592 00 $ 2 900 00 $ 8700 00 nn elt T,Exl1tl19 6"C900 PVC 1 EA $ 3400 00$ 3400 00 $ 2 195 00 $ 2 195 00 $ 2 320 00 $ 2320 00 FF1 2 12 45 Deg Bentl 4 EA $ 2500 00$ 10 000 00 $ 1 431 00 $ 5 724 00 $ 1 160 00 $ 4640 00 ee 1 EA $ 0$ 0 $ 1 645 00 $ 0 $ 1 914 00 $ 1 914 00 TABULATION OF BIDS m G..p,lnc. E:$2,3]6,000 BID DATE.Wetlneztlay,FeUruary 15,2023 ur TIME OF COMPLETION.120 Calentl.1 Day. TRINITY RIVE VE IFM620TO WOOD RIVER)BOND 2020 JE CONLLCSTRUCTION SERVICE INCMAKO CONTRACTING CITY PROJECT FEM DESCRIPTION qTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT FF14 12—F 1 EA $ 5400 00$ 5400 00 $ 4 062 00 $ 4 062 00 $ 4 060 00 $ 4060 00 FF15 —B 6 EA $ 3650 00$ 21 900 00 $ 2 555 00 $ 15 33000 $ 0 $ 19—00 3 EA $ 2400 00$ 7 200 00 $ 941 00 $ 0 $ 1 160 00 $ e u— 1 EA $ 2000 00$ 2 000 00 $ 672 00 $ 672 00 $ 1 160 00 $ 1 160 00 FF18 18 45 Deg—d 4 EA $ 2000 00$ 000 00 $ 730 00 $ 2 920 00 $ 1 160 00 $ 4640 00 Exlltl,lg Wa[er Meter-New Water Service 3 EA $ 2000 00$ 6 000 00 $ 3475 00 $ 1042500 $ 1 160 00 $ FF20 Ty 1Fire Hyd—--bly(W/12 X6 2 EA $ 9000 00$ 0 $ 765 00 $ 17 530 00 $ 0 $ FF21 Ty 1Fire Nyd---biy 4 EA $ 11 000 00$ 44 000 00 $ 15 100 00 $ 60400 00 $ 700 00 $ FF22 20 ring For e^C900 W-111-(W/Rubb,Fno swats and 54 LF g 0$ 0 $ 0 $ 0 $ 0 $ ri12 5H 00 ng ep—) wance F.,U--p—W9.1 I.p....-(MANDATORY) 1 AL $ 15000 00$ 15 000 00 $ 15 000 00 $ 15 00000 $ 1 5 000 00ISUBTOTAL PART FF-WATER $ TS(Rem.FF1 M.FF23) $ 376 919 0$ 0$ PART GO-INASTEWATER TSI—SECTION 012601 MEASURENENTAND BASIS FOR PAYMENT) iaa lo0(5%Max.Part GG) 1 LS $ 4000 00$ 4 000 00 $ 2 500 00 $ 2 500 00 $ 3 000 00 $ 3000 00 move xistl0g e"VCP(16'Deptlt) 101 LF $ 40 00$ 4 040 00 $ 1000 $ 1 010 00 $ 29 00 $ 2929 00 move xistlOg WWM hIP(<6'Depth) 2 EA $ 2000 00$ 4 000 00 $ 1 490 00 $ 0 $ 2 900 00 $ 10(G,,,)PVC WWL(<6D,T) 101 LF $ 290 00$ 29 290 00 $ 245 00 $ 24 74500 $ 174 00 $ 17574 00 T---y 101 LF $ 17 00$ 1 717 00 $ 5 00 $ 505 00 $ 0 $ ia.Fiberglass Ma—b (<6'Deptlt) 2 EA $ 0$ 31 600 00 $ 0 $ 0 $ 13 920 00 $ TABULATION OF BIDS m G..p,In. E:$2,3]6,000 BID DATE.Wetlneztlay,F bruary 15,M23 ur TIME OF COMPLETION.120 Calentl.1 Day. TRINITY RIVE VE IFM620TO WOOD RIVER)BOND 2020 JE CONLLCSTRUCTION SERVICE INCMAKO CONTRACTING CITY PROJECT qTT. UNIT UNITPIRCE AMOUNT Im $ 0$ 0 $ 0 $ 0 $ 0 $ 2088 00Un ticipatetl Wa. A., Improvements $ 0$ 0 $ 0 $ 0 $ 0 $ 5000 00 )r SUBTOTAL PART GO T6(It.s ooa tmu GG8) $ 81 647 00$ o $ BID SUMMARY -ART AA RAL(1—s a M.AA17) $ 163 81100 $ 242 656 00 $ 210 381 94 'ART BE STREET I T6(rcem.BBa M.BB33) $ 965 39700 $ 1 081 832 60 $ 1 005 635 56 'ART CC ADA IMPRO T6(1rem.CCa tmu CC5) $ 175 85300 $ 121 855 90 $ 185.7 00 'ART DD TRAFFIC SIGNALS AND STREETLIGHT T6(rcem.ooa M.ooze) $ 143 0 $ 153 95940 $ IMPROVEMENTS 143.5 70 'ART EE DRAINAGE (1rem.EEa M.EEE) $ 35 216 00 $ 26 11920 $ IMPROVEMENTS 80362 00 'ART FF WATER (1rem.FFa tmu FF23) $ 647 0o $ o $ 37 PART GO-INASTEWATER T6(rcem.ooa M.GG8) $ o $ o $ 64816 80 [OTAL PROJECT BASE BID NO.2(PARTS AA th-GG) g 1S52,566no 6 0 6 Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# � 21049 w f Project Name Trinity River(F624 to Wood River) Type Reconditioning-Asset Longevity Department Public Works n + Useful Life 25 years Contact Director of Public Works ,+ , 4 «• " Category Street-Rehabilation Priority 2 Critical-Asset Condition\longevity441 u. Status Active �," A.., t Description " r: Rehabilitation of existing 2-lane roadway with new pavement,sidewalk repairs,curb and gutter,installation of ADA compliant curb ramps, signage,pavement markings,upgrade/add street illumination.This project is currently scheduled to begin construction in FY2023 and continue until completed.Schedules may be adjusted after design is complete or during annual CIP update. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 2,050,000 2,050,000 Design 480,000 480,000 Storm Water-St. 700,670 700,670 WasteWater-St 450,080 450,080 Water-St. 453,060 453,060 Gas-St. 110,880 110,880 Eng,Admin Reimbursements 40,000 380,000 420,000 Total 520,000 4,144,690 4,664,690 Funding Sources Prior Years 2023 2024 2025 Total G.O.Bond 2020 260,000 2,140,000 2,400,000 Revenue Bonds 260,000 2,004,690 2,264,690 Total 520,000 4,14.4,690 4,664,690 Budget Impact/Other There is no projected operational impact with this project at this time.Once the project is completed it will be added to the Street Preventive Maintenance Program. 233 Corpus Christi Engineering Trinity River Drive (FM 624 to Wood River Drive) Council Presentation March 28, 2023 Project Location Corpus Chr sti Engineering ALMAL DUAP I T, 0 r x 0 o Y s a- TRINITY RNER DR. 4X� r it TRINITY RIVER DR. �-T, -�_�.CI�ExHiei- FM624 to WOOD RIVER DR. 2 Construction Project Corpus Chr sti Engineering This project will reconstruct Trinity River Drive from FM 624 to Wood River Drive. The existing roadway will be demolished and rebuilt with new HMAC pavement, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, street light improvements, and traffic and pedestrian signal improvements. In addition to surface improvements, the project includes stormwater, water, and wastewater improvements. Project Schedule Corpus Chr sti Engineering 2021 - 2023 12023 August -January February - March May-October IIIIIIIIII Design Bid/Award Construction Project schedule reflects City Council award in March 2023 with anticipated completion by October 2023. o N Project Location D W E -0 S z � P.::. mW Location Map r m m U � W a RED RIVER Q DRY CREEK W , y«M r�tiM i t SANDY CREEK 0 - Y a 34 i MELEX Q OD J O U _ W ° ..e. r FM624 �W � PROJECT NO. 21049 9 1 by P « TRINITY RIVER DRIVE - CITY COUNCIL EXHIBIT FM624 TO CITY OF CORPUS CHRISTI,TEXAS WOOD RIVER DRIVE DEPARTMENT OF ENGINEERING SERVICES773, w° c�a� "60RPO�11 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 28, 2023 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Drew Molly, P.E. Director of Water Systems and Support Services DrewM(a)cctexas.com (361) 826-1853 Josh Chronley, Assistant Director of Contracts and Procurement Joshc2(a)cctexas.com (361) 826-3169 Supply Agreement for Liquid Aluminum Sulfate CAPTION Resolution authorizing a one-year supply agreement, with one option, with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for the purchase of liquid aluminum sulfate for Corpus Christi Water in an amount not to exceed $3,358,282.00 for the initial term and in an amount not to exceed $4,834,282.00 if the option is exercised, for a combined potential amount not to exceed $8,192,564.00, with FY 2023 funding of $1 ,760,750.00 from the Water Fund. SUMMARY: This resolution authorizes a one-year supply agreement with a one-year option with Chemtrade Chemicals US, LLC for liquid aluminum sulfate for the O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: Liquid aluminum sulfate is used in the treatment of potable (drinking) water as a primary coagulant. Coagulation causes fine particles in untreated water to bind together to form larger particles that will either settle out in the sedimentation basins or will be removed by the filters. The liquid is delivered via truck to the water treatment plant and stored on site in chemical storage tanks. Coagulation is a critical step to ensure the treatment plant meets state and federal drinking water standards for turbidity and total organic removal. The current contract price is $124.00/Ton and it is with Chemtrade Chemicals US, LLC. However, the vendor has requested a price increase of$42.21/Ton due to their increased costs for raw material and freight which increases our contract price to $166.21 per ton. PROCUREMENT DETAILS: This chemical is used as a primary coagulant for our water system. Procurement staff believes that it is in the best interest of the City's residents to enter into an agreement with Chemtrade Chemicals US, LLC to avoid any interruption in the City's supply of liquid aluminum sulfate in accordance with Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents. ALTERNATIVES: Since our facility does not have membrane filters, there is no alternative to using a coagulant. FISCAL IMPACT: The fiscal impact for the Corpus Christi Water in FY2023 is $1,760,750.00. Funding Detail: Fund: 4010 Water Fund Organization/Activity: 31010 Stevens Filter Plant Department: 45 Water Project# (CIP only): N/A Account: 520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of the motion authorizing this supply agreement with Chemtrade Chemicals US, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Resolution Resolution authorizing a one-year supply agreement, with one option, with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for the purchase of liquid aluminum sulfate for Corpus Christi Water in an amount not to exceed $3,358,282.00 for the initial term and in an amount not to exceed $4,834,282.00 if the option is exercised, for a combined potential amount not to exceed $8,192,564.00, with FY 2023 funding of $1,760,750.00 from the Water Fund. WHEREAS, Corpus Christi Water requires a sufficient and continuous supply of liquid aluminum sulfate to meet the operational needs of the department in producing potable water, such chemical being necessary to preserve and protect the health and safety of the citizens of Corpus Christi; WHEREAS, State law provides that such procurements, as described above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; and WHEREAS, the City Council finds there is a statutory exemption for this procurement in Local Government Code, Section 252.022(a)(2), as this procurement is necessary to preserve and protect the public health and safety of the City's residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute a supply agreement with Chemtrade Chemicals US, LLC, for the purchase of liquid aluminum sulfate, such supply agreement having a one-year term for up to $3,358,282.00 and an optional term for up to $4,834,282.00, for a combined potential amount not to exceed $8,192,564.00, with FY 2023 funding of $1 ,760,750.00 from the Water Fund. PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Page 1 of 2 Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 SC G° a 0 H SUPPLY AGREEMENT NO. 4433 U Liquid Aluminum Sulfate yeanaonn!e 1852 This Liquid Aluminum Sulfate Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting by and through the City Manager or his designee ("City Manager"), and Chemtrade Chemicals US, LLC ("Contractor"), and is effective upon execution by the City Manager. WHEREAS, Contractor has agreed to provide Liquid Aluminum Sulfate in accordance with the terms of this Agreement, such product being vital and necessary to preserve or protect the public health or safety of the City's residents. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall provide Liquid Aluminum Sulfate 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 as the item identified in this section. 2. Term. The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed ("NTP") from the Contract Administrator or the City's Procurement Division. The parties may mutually renew the term of this Agreement for up to one additional one-year period ("Option Period"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $3,358,282.00 for the initial term and for an amount not to exceed $4,834,282.00 for the Option Period should the parties mutually so exercise it, subject to approved extensions and changes, for a combined potential amount of up to $8,192,564.00. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Any amount not expended during the initial term or any Option Period may, at the City's discretion, be allocated for use in a future Option Period. Pricing offer for bulk deliveries, as opposed to annual fixed pricing, is pricing that is aligned with the pricing Contractor receives from its supplier on dry aluminum sulfate. For the term of this Agreement, the unit price of the product shall be a fixed price for liquid aluminum sulfate ("ALUM") for six-month periods. The applicable price adjustment dates are February 18th and August 18th of each calendar year (an "Adjustment Date"), excluding February 18th of the initial Supply Agreement-Chemtrade (liquid aluminum sulfate) Page 1 of 8 calendar year of this Agreement. A price adjustment calculation will be established on or about January 15th and July 15th of each calendar year (each being an "Adjustment Calculation Date") for the next pricing term, and such adjustment amount shall be calculated by the Contractor as follows: (A) Base (ALUM) unit price, beginning February 18, 2023, is $166.21 /ton. (B) On the Friday before an Adjustment Calculation Date, Contractor shall record the prices per ton of the change in raw materials (RMC), as follows: (i) Sulfuric Acid: The price adjustment threshold is the Base Tampa Sulfur Index of $90/1-T (fourth quarter, 2022). During the initial term and any Option Period, if sulfur drops to $90/1-T or below, the semiannual adjustment for sulfuric acid will be $0.00. • The price adjustment formula: (latest Tampa sulfur price - $90) x 0.165. (ii) Hydrate: The price adjustment threshold is the price Contractor is charged by its supplier. • The price adjustment formula: change in hydrate cost x 0.245. (iii) Cost changes for other inputs may need to be adjusted on a semiannual basis when the change is equal to +/- 5% on a per ton basis. Should Contractor determine that consideration regarding a cost change of another input may be necessary, Contractor shall notify the City in writing at any time in advance of the next Adjustment Calculation Date, for budgetary determination purposes of the City, identifying the input item, rationale, and anticipated cost change. (iv) Freight Change (FQ: The FC will be adjusted on a semiannual basis for any changes (decrease or increase) in the fully delivered cost of freight, which may include base and fuel surcharges. (v) Operating Cost of Manufacture (OCM): The price will be adjusted with an annual OCM amount of $8/T to the base ALUM price effective February 18, 2024. (C) The unit price per ton will decrease or increase according to the cost change. Based on the formulas in subpart (B) above, the complete formula for semiannual pricing of ALUM per ton is: New ALUM base price = base price (then in effect) + RMC (raw material change) + FC (freight change) + OCM (operating cost of manufacture (annual basis only) Supply Agreement-Chemtrade (liquid aluminum sulfate) Page 2 of 8 (D) A copy of the applicable pricing page(s) will be provided by the Contractor upon request of the Contract Administrator. (E) Notice of a change in the unit price shall be provided by the Contractor in advance of the applicable Adjustment Date. In no event can the total compensation during the initial term, or Option Period if mutually exercised, exceed the maximum amount provided in this Agreement without a validly executed amendment as required by Section 13 below. Invoices must be mailed to the following address, along with a copy provided to the Contract Administrator: 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: Diana Zertuche-Garza Corpus Christi Water (361) 826-1827 DianaZ@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) No bonds are required for this Agreement. 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 Supply Agreement-Chemtrade (liquid aluminum sulfate) Page 3 of 8 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. 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 Attachment B 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 shall 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 Supply Agreement-Chemtrade (liquid aluminum sulfate) Page 4 of 8 employee, representative, or agent of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the products, Contractor shall not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing and executed by an authorized representative of each party, and City Council approval may be required. Unit price changes, pursuant to Section 3 of this Agreement, are intended to occur as outlined in that section and are an exception to the required signed writing by 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, return receipt requested, 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: Diana Zertuche-Garza Contract/Funds Administrator 13101 Leopard Street, Corpus Christi, Texas 78410 (361) 826-1827 Fax: (361) 826-4495 IF TO CONTRACTOR: Chemtrade Chemicals US, LLC Attn: Christine LaSala Price & Bid Specialist 90 East Halsey Road, Suite 200 Parsippany, NJ 07054 (973) 515-0900 Fax: (973) 515-4461 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 Supply Agreement-Chemtrade (liquid aluminum sulfate) Page 5 of 8 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 reasonably 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days' advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours advance 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. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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 Supply Agreement-Chemtrade (liquid aluminum sulfate) Page 6 of 8 withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. 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. 23. 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; then, C. Its exhibits, if any. 24. 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. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws, rules, and regulations 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. 26. 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. 27. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter of this Agreement, and it supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. SIGNATURE PAGE FOLLOWS Supply Agreement-Chemtrade (liquid aluminum sulfate) Page 7 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Supply Agreement-Chemtrade (liquid aluminum sulfate) Page 8 of 8 Attachment A - (as of 10127/22) 1.1 General Reguirements/Background Information It is the intent of this specification to describe liquid aluminum sulfate to be used for as a primary coagulant. Coagulants cause very fine particles to clump together into larger particles that will either settle out in the sedimentation basins or will be removed by the filters. The annual requirement for Liquid Aluminum sulfate is 22,000 wet tons using an Aluminum Sulfate solution based on a solution that contains 8.0 percent as A1203. 1.2 Product Specifications Liquid Aluminum Sulfate must contain water soluble aluminum of not less than 4.23 % nor more than 4.5 % as Al or, not less than 8.0 % nor more than 8.5 % as A1203; contains no substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has been properly treated with it; contains total iron, as Fe203 of not more than 0.350; contains insoluble matter of not more than 0.20; does not contain Arsenic in excess of 1 .00 mg/kg. A. Water treating chemicals must conform to: 1 . American National Standards Institute/National (ANSI) Sanitation Foundation Institute Standard for Drinking Water Treatment Chemical - Health Effects, ANSI/NSF 60. 2. American National Standards Institute/American Water Works Association standard for Aluminum Sulfate (Liquid) ANSI/AWWA B403-69. 3. The liquid aluminum sulfate solution shall be watery clear white to clear in color and shall not have any hue (red, green, yellow, blue, black, or brown). 4. Per AWWA requirements the liquid aluminum sulfate solution shall have a total organic carbon (TOC) content of 30 mg/L or less. 5. The liquid aluminum sulfate solution shall be free from all odors. 6. Any deviation from the following shall be grounds for returning the material to the supplier at their cost. Also, a sample shall be sent to the ANSI/NSF standard 60 certification agency for testing to verify that the material does meet this standard. Delivery and Weighing Requirements Pg. 1 of 3 A. Shipment shall be in approximately 4,000-gallon tank truck lots. B. Each chemical shipment must be weighed by local certified weighers before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Contract Administrator, 13101 Leopard St., Corpus Christi, Texas 78469-9277. C. Deliveries will be made Monday through Friday, 8 A. M. to 5 P. M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. D. The supplier must provide a chemical analysis for each chemical shipment, and the chemical analysis must include the A1203 percentage, specific gravity, pH, Fe mg/liter, turbidity NTU and attach a copy of the form for providing the chemical analysis. E. The City will take a sample of each chemical shipment prior to unloading of the chemical. Any chemical shipment that has an odor or a hue (red, green, yellow, blue, black, or brown) will be rejected. Amber green is acceptable. F. If any chemical shipment has a total organic carbon (TOC) content of more than 30 mg/1 or any other contaminants, the Supplier must: remove all chemical from the tank into which the chemical with more than 30mg/1 TOC or any other contaminants was unloaded; clean the tank and properly dispose of all removed chemical; and provide a new chemical shipment at its sole cost. Billing/invoicing The Supplier must base billing and pay quantity for each chemical shipment on "local" certified weight tickets for delivery of Liquid Aluminum Sulfate. The City may reject any chemical shipments containing less than 8.0 percent or more than 8.5 percent as not meeting specifications for A1203. A. The Contractor shall submit an itemized invoice for payment, which shall include the following: 1 . Service Agreement No. and/or Purchase Order No. 2. Ship to: Location Name and Address 3. Ordered by: Supply Name 4. Product Description 5. Quantity, Unit Price and Total Price B. The Contractor shall mail the original invoice to the address below and email a copy to CCWAccountsPavable@cctexas.com. Pg. 2 of 3 City of Corpus Christi Atfm Accounts Payable -City Hall P.O. Box 9277 Corpus Christi, TX 78469-9277 Ownership A. City's ownership of the Liquid Aluminum Sulfate begins, upon completion of unloading of the chemical at the O. N. Stevens Water Treatment Plant. 1.3 Supplier Quality Control The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will also provide supervision of the work to insure it complies with the contract requirements. Pg. 3 of 3 Attachment B — Pricing Schedule Liquid Aluminum Sulfate Solution ITEM NO. DESCRIPTION UNIT PRICE AMOUNT I Liquid Aluminum Sulfate Solution — Wet Tons $3,354,500.00* O.N. Stevens Water Treatment Plant 2 Unloading Delay — max hours: 50 $75.64/Hr $ 3,782.00 TOTAL AMOUNT $3,358,282.00** * Unit price, as of the date of execution of this Agreement by the Supplier, is $166.21 per wetton. Depending on market conditions and supply chain issues, the current unit price per wet ton may be subsequently decreased or increased, subject to the requirements stated in the Agreement and in accordance with the terms and conditions pertaining to price adjustments. ** The total amount represents the maximum allowed expenditure through the initial year of this Agreement, with the parties' mutual understanding that no minimum quantity nor dollar amount of product is required to be purchased. COMPANY: NAME OF PERSON AUTHORIZED TO SIGN ADDRESS: CITY / STATE/ZIP: PHONE: EMAIL: FAX: DATE: SIGNATURE: TITLE: Attachment C- Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until a4 insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is Exhibit. not domiciled in Texas) Employer's Liability $500,000 f $500,000 / $500,000 POLLUTION LIABILITY $1 ,000,000 Per occurrence 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Revised 11.30.20 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. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 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 replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 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, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Revised 1 1.30.20 ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, materiai change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant 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 contract. 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 contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement 2021 Insurance Requirements Ins. Req. Exhibit 1 -B Purchase Contracts -Supply Agreements - Equipment Leases Hazardous Chemicals Delivered to City 05/10/2021 Risk Management- Legal Dept. Revised 1 1.30.20 Attachment D - Warranty Requirements ''No manufacturer's warranty required for this Agreement." so �o p A � 1 v 18WORPRP1 g4 AGENDA MEMORANDUM 52 Action Item for the City Council Meeting March 28, 2023 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Drew Molly, P.E. Director of Water Systems and Support Services DrewM(a)cctexas.com (361) 826-1853 Josh Chronley, Assistant Director of Contracts and Procurement Joshc2(a)cctexas.com (361) 826-3169 Supply Agreement for Liquid Ammonium Sulfate CAPTION Resolution authorizing a one-year supply agreement, with one option, with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for the purchase of liquid ammonium sulfate for Corpus Christi Water in an amount not to exceed $790,532.00, for the initial term and in an amount not to exceed $1,144,532.00 if the option is exercised, for a combined potential amount not to exceed $1 ,935,064.00, with FY 2023 funding of $422,250.00 from the Water Fund. SUMMARY: This resolution authorizes a one-year supply agreement with a one-year option with Chemtrade Chemicals US, LLC for liquid ammonium sulfate for the O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: Liquid Ammonium Sulfate solution is used in the disinfection process to produce potable (drinking) water at the O. N. Stevens Water Treatment Plant. Liquid Ammonium Sulfate is combined with chlorine to form a combined chlorine disinfectant that is stable in the City's long and extensive water distribution system. The liquid is delivered via truck to the water treatment plant and stored on site in chemical storage tanks. Liquid Ammonium Sulfate is key to producing a combined chlorine disinfectant that meets state and federal drinking water standards. The current contract price is $219.00/Ton, and it is with Chemtrade Chemicals US, LLC. However, the vendor has requested a price increase of$126.00/Ton due to their increased costs for raw material and freight which increases our contract price to $345.00 per ton. PROCUREMENT DETAILS: This chemical is used to form a combined chlorine disinfectant for our water system. Procurement staff believes that it is in the best interest of the City's residents to enter into an agreement with Chemtrade Chemicals US, LLC to avoid any interruption in the City's supply of liquid ammonium sulfate in accordance with Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents. ALTERNATIVES: The alternative is to not purchase liquid ammonium sulfate which would result in a finished treated water that will not meet drinking water standards in the distribution system. FISCAL IMPACT: The fiscal impact for the Corpus Christi Water in FY2023 is $422,250.00. Funding Detail: Fund: 4010 Water Organization/Activity: 31010 Stevens Filter Plant Department: 45 Water Project # (CIP Only): N/A Account: 520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of the motion authorizing this supply agreement with Chemtrade Chemicals US, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Resolution Resolution authorizing a one-year supply agreement, with one option, with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for the purchase of liquid ammonium sulfate for Corpus Christi Water in an amount not to exceed $790,532.00, for the initial term and in an amount not to exceed $1,144,532.00 if the option is exercised, for a combined potential amount not to exceed $1,935,064.00, with FY 2023 funding of$422,250.00 from the Water Fund. WHEREAS, Corpus Christi Water requires a sufficient and continuous supply of liquid ammonium sulfate to meet the operational needs of the department in producing potable water, such chemical being necessary to preserve and protect the health and safety of the citizens of Corpus Christi; WHEREAS, State law provides that such procurements, as described above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; and WHEREAS, the City Council finds there is a statutory exemption for this procurement in Local Government Code, Section 252.022(a)(2), as this procurement is necessary to preserve and protect the public health and safety of the City's residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute a supply agreement with Chemtrade Chemicals US, LLC, for the purchase of liquid ammonium sulfate, such supply agreement having a one-year term for up to $790,532.00 and an optional term for up to $1 ,144,532.00, for a combined potential amount not to exceed $1 ,935,064.00, with FY 2023 funding of $422,250.00 from the Water Fund. PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Page 1 of 2 Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 SC G° a 0 H SUPPLY AGREEMENT NO. 4446 U Liquid Ammonium Sulfate yeanaonn!e� xs52 This Liquid Ammonium Sulfate ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and Chemtrade Chemicals US, LLC ("Contractor"), and is effective upon execution by the City Manager. WHEREAS, Contractor has agreed to provide Liquid Ammonium Sulfate in accordance with the terms of this Agreement, such product being vital and necessary to preserve or protect the public health or safety of the City's residents. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall provide Liquid Ammonium Sulfate 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 as the item identified in this section. 2. Term. The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed ("NTP") from the Contract Administrator or the City's Procurement Division. The parties may mutually renew the term of this Agreement for up to one additional one-year period ("Option Period"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $790,532.00 for the initial term and for an amount not to exceed $1,144,532.00 for the Option Period should the parties mutually so exercise it, subject to approved extensions and changes, for a combined potential amount of up to $1,935,064.00. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Any amount not expended during the initial term or any Option Period may, at the City's discretion, be allocated for use in a future Option Period. Pricing offer for bulk deliveries, as opposed to annual fixed pricing, is pricing that is aligned with the pricing Contractor receives from its supplier on dry ammonium sulfate. For the term of this Agreement, the unit price of the product shall be a fixed price for liquid ammonium sulfate 40% bulk ("LAS") for six-month periods. The price adjustment dates are March 1 st and September 1 st of each calendar year (each being an "Adjustment Date"), excluding March 1st of the initial calendar year of this Agreement. A price adjustment calculation will be established on or Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 1 of 8 about July 15th and January 15th of each calendar year (each being an "Adjustment Calculation Date") for the new pricing term, and such adjustment amount shall be calculated by the Contractor as follows: (A) On the Friday before an Adjustment Calculation Date, Contractor shall record the prices per short ton of standard dry ammonium sulfate as shown on (i) the Green Markets Publication—Southern Plains ("Weekly Southern Plains Price") and (ii) the Argus Market Report Houston/Pasadena ("Weekly Houston/Pasadena Price"). A copy of the applicable pricing page from each report will be provided by the Contractor upon request of the Contract Administrator. (B) On the Adjustment Calculation Date, Contractor shall calculate the price for bulk FOB/ST for dry ammonium sulfate for the next pricing term of the Agreement by performing the following calculation: Step 1: On the Adjustment Calculation Date, the Weekly Southern Plains Price and the Weekly Houston/Pasadena Price shall be added together and divided by two (in order to average the index costs) to arrive at the new dry material averaged index price. Step 2: The new dry material averaged index price will next have the previous dry material averaged index price subtracted from it in order to determine the change in cost of the dry material. Step 3: This cost change in the dry material will then be multiplied by 40%to reach the adjustment to the LAS unit price per ton for the next pricing term. (C) The unit price will decrease or increase according to the cost change. Notice of a change in the unit price shall be provided by the Contractor. For illustrative purposes, a pricing example is included, with "T" meaning a ton, as follows: January, 2023: dry material averaged index price is $550/T March 1, 2023: LAS price delivered to City is $345/T July, 2023: dry material averaged index price is $600/T $600/T - $550/T = $50/T change in averaged index price for dry material $50/T change x 400 (percentage dry material in LAS) _ $20/T LAS product price adjustment to be implemented The new unit price per ton, effective September 1, 2023, is the March 10 price of $345/T + product price adjustment of $20/T = new LAS unit price of $365/T. Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 2 of 8 In no event can the total compensation during the initial term, or Option Period if mutually exercised, exceed the maximum amount provided in this Agreement without a validly executed amendment as required by Section 13 below. Invoices must be mailed to the following address, along with a copy provided to the Contract Administrator: 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: Diana Zertuche-Garza Corpus Christi Water (361) 826-1827 DianaZ@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) No bonds are required for this Agreement. 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. Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 3 of 8 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. 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 Attachment B 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 shall 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 employee, representative, or agent of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the products, Contractor shall not enter into subcontracts or utilize the services of subcontractors. Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 4 of 8 13. Amendments. This Agreement may be amended or modified only in writing and executed by an authorized representative of each party, and City Council approval may be required. Unit price changes, pursuant to Section 3 of this Agreement, are intended to occur as outlined in that section and are an exception to the required signed writing by 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, return receipt requested, 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: Diana Zertuche-Garza Contract/Funds Administrator 13101 Leopard Street, Corpus Christi, Texas 78410 (361) 826-1827 Fax: (361) 826-4495 IF TO CONTRACTOR: Chemtrade Chemicals US, LLC Attn: Christine LaSala Price & Bid Specialist 90 East Halsey Road, Suite 200 Parsippany, NJ 07054 (973) 515-0900 Fax: (973) 515-4461 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 Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 5 of 8 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 reasonably 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days' advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours advance 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. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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-Chemtrade (liquid ammonium sulfate) Page 6 of 8 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. 23. 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; then, C. Its exhibits, if any. 24. 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. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws, rules, and regulations 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. 26. 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. 27. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter of this Agreement, and it supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. SIGNATURE PAGE FOLLOWS Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 7 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 8 of 8 Attachment A - Scope of Work 1.1 General Reg uirements Back round Information A. The Supplier shall provide Liquid Ammonium Sulfate Solution as outlined in this Scope of Work to be used at the City of Corpus Christi Q. N. Stevens Water Treatment Plant. This chemical is used for disinfection of the water and wastewater and must conform to all the requirements of this specification. 1.2 Product Specifications A. Water treatment chemicals must conform to: 1 . American National Standards Institute/National (ANSI) Sanitation Foundation Institute Standard for Drinking Water Treatment Chemical Health Effects, ANSI/NSF 60. 2. American Water Works Association standard for Ammonium Sulfate (Liquid) AWWA B302-16 B. Material Requirements Chemical- The Liquid Ammonium Sulfate Solution will be used as a source of ammonia in the formation of chloramines to disinfect the treated water. Ammonium Sulfate obtained as a by-product in the manufacture of coal gas and coke is not acceptable for use in the potable water treatment. The chemical and physical properties of the liquid ammonium sulfate shall be as follows: Appearance and odor: Clear, Pale Yellow Liquid - No odor Item Weight pH 4.8 - 7.5 Solubility in Water Complete Specific Gravity 1 .20 - 1 .23 Soluble Iron (mg/L) <10 Freeze Point (deg. F) < 10 Boiling Point (deg. F) 214-216 Sulfuric Acid Diammonium 38-40% (wt.% dry salt) Ammonium Sulfate Solution 10% (25% of the 40% dry salt wf.) 1.3 Delivery and Weighinc j Re uirements 1 . The Supplier will be responsible for unloading the chemical. The Supplier shall provide any special equipment necessary for unloading, up to and including, hoses, connections, compressors, etc. 2. The Supplier must provide an affidavit of compliance to the City of Corpus Christi stating that at the time of delivery the chemical furnished under the release order complies with all applicable requirements of this specification. 3. The Supplier shall provide with every delivery a chemical analysis for each chemical shipment, and the chemical analysis must include the ammonia (NH3) percentage, specific gravity and pH. 4. City of Corpus Christi Plant Supervisors, or their designee, may take a sample of any chemical shipment for testing prior to unloading of the chemical. In addition, approximafely every three (3) months during the supply agreement, the City will take a random sample of the chemical upon delivery. This sample will be sent to an independent laboratory chosen by the City and tested for all items outlined in the product specifications. 5. The Plant Supervisor may reject any chemical shipments that contain a concentration of any component outside the allowable concentration range as specified in the product specifications. b. Deliveries of Liquid Ammonium Sulfate solution must be by drivers thoroughly trained and familiar with the related hazards, safety measures, and spill cleanup procedures for Liquid Ammonium Sulfate solution. All spills and leakage, regardless of size must be properly and immediately cleaned up by Supplier's personnel. The Supplier shall be required to respond to any and all such emergencies within eight (8) hours of being notified. 7. The Contractor shall allow two (2) hours ''unloading time" for each chemical shipment, starting from the time the load enters the plant site to the time the unloading of the chemical shipment is completed. Unloading of the chemical is complete when unloading apparatus is disconnected from storage facilities and secured, and a designated City of Corpus Christi representative has signed all delivery tickets for each respective load. Any unloading time in excess of two (2) hours which is directly attributable to the City will be paid for at the unit price bid for "Unloading Delays," rounded and prorated to the nearest quarter hour. This amount shall be included with the invoice for payment for that particular load of chemical. 8. Shipments) will be delivered in 4,500 gallon lots in properly cleaned tank trucks. Each chemical shipment must be weighed on a state certified truck scale located within the city limits of Corpus Christi before delivery to and after unloading at the water treatment plant. 9. The Supplier shall be responsible for mailing a legible copy of each chemical shipment weight "ticket" to the respective City of Corpus Christi Water Production Supervisor within 5 business days of delivery of the chemical. Payments to the Supplier will not be processed unless this requirement is met. 10. Deliveries shall be made between 8:00 a.m. and 5:00 p.m., Monday through Sunday, excluding holidays, unless specific arrangements are made otherwise. 11 .Orders will be placed by telephone or email. The Supplier will deliver the amount of Liquid Ammonium Sulfate solution ordered within twenty-four (24) hours of order placement. No minimum or maximum purchase of Liquid Ammonium Sulfate is guaranteed by the City within the duration of the contract. 1.4 Deliveries will be made to the following location: O.N. Stevens Water Treatment Plant- 13101 Leopard St., Corpus Christi, Texas, 78410 1.5 Other Requirements 1 . All materials supplied must comply with all requirements and standards of the Occupational Safety and Health Act (OSHA). All appropriate markings shall be in place before delivery. Items not meeting OSHA specifications will be refused. 2. The Supplier shall base its billing and quantity for each chemical shipment on "local" certified weight tickets for the delivery of Liquid Ammonium Sulfate Solution, by weight, as indicated in the chemical analysis for that load. 3. The Supplier must submit the chemical analysis, weight ticket, and bill of lading with each invoice. 4. Prior to initial use of the Liquid Ammonium Sulfate solution, and annually thereafter, the Supplier shall conduct a minimum of two (2) training seminars for the City's operating personnel on the application and control of the Liquid Ammonium Sulfate solution, and shall include the following: a. Basic chemical properties of the Liquid Ammonium Sulfate solution b. Safety training c. Equipment operation/set up d. Safety Data Sheet 5. Each Bidder must deliver a 1 Liter sample of Liquid Ammonium Sulfate to the Water Production Superintendent, 0.N. Stevens Water Plant, 13101 Leopard St., Corpus Christi, Texas 78410 for evaluation purposes. Product Literature detailing recommended dosage and any other pertinent data must also be furnished with the 1 Liter sample. 1.6 Billing/Invoicing A. The Contractor shall submit an itemized invoice for payment, which shall include the following: 1 . Service Agreement No. and/or Purchase Order No. 2. Ship to: Location Name and Address 3. Ordered by: Supply Name 4. Product Description 5. Quantity, Unit Price and Total Price B. The Contractor shall mail the original invoice to the address below and email a copy to CCWAccountsPayable@cctexas.com. City of Corpus Christi Attn: Accounts Payable - City Hall P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will also provide supervision of the work to insure it complies with the contract requirements. Attachment B — Pricing Schedule Liquid Ammonium Sulfate Solution ITEM DESCRIPTION UNIT PRICE AMOUNT NO. I Liquid Ammonium Sulfate Solution — Wet Ton $786,750.00* 0.N. Stevens Water Treatment Plant 2 Unloading Delay — max hours: 50 $75.64/Hr $ 3,782.00 TOTAL AMOUNT $790,532.00** * Unit price, as of the date of execution of this Agreement by the Supplier, is $345.00 per wetton. Depending on market conditions and supply chain issues, the current unit price per wet ton may be subsequently decreased or increased, subject to the requirements stated in the Agreement and in accordance with the terms and conditions pertaining to price adjustments. ** The total amount represents the maximum allowed expenditure through the initial year of this Agreement, with the parties' mutual understanding that no minimum quantity nor dollar amount of product is required to be purchased. COMPANY: NAME OF PERSON AUTHORIZED TO SIGN: ADDRESS: CITY / STATE/ZIP: PHONE: EMAIL: FAX: DATE: SIGNATURE: TITLE: Attachment C- Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator, one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors b. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Flired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is Exhibit. not domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 POLLUTION LIABILITY $1,000,000 Per occurrence 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Revised 11.30.20 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. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 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 replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 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, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. • Provide for an endorsement that the ''other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Revised 11.30.20 ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant 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 contract. $. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement 2021 Insurance Requirements Ins. Req. Exhibit 1 -B Purchase Contracts -Supply Agreements - Equipment Leases Hazardous Chemicals Delivered to City 05/10/2021 Risk Management- Legal Dept. Revised 11.30.20 Attachment D - Warranty Requirements ''No manufacturer's warranty required for this Agreement." SC 00 0 � NCORPOR 1'0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 28, 2023 DATE: March 28, 2023 TO: Peter Zanoni, City Manager FROM: Drew Molly, P.E. Director Water Systems and Support Services DrewM(a)cctexas.com (361) 826-1853 Josh Chronley, Assistant Director of Finance - Procurement Josh C2(a)cctexas.com (361) 826-3169 Supply Agreement for Hydrofluorosilicic Acid CAPTION: Motion authorizing a one-year supply agreement with Univar Solutions USA, Inc., of Kent, Washington, in an amount not to exceed $270,000.00, for Hydrofluorosilicic Acid to be utilized by Corpus Christi Water, with FY 2023 funding of $75,000.00 from the Water Fund. SUMMARY Water fluoridation is the controlled adjustment of fluoride to a public water supply for dental health. Hydrofluorosilicic acid is the most common additive for water fluoridation in the United States. The Centers for Disease Control and Prevention, World Health Organization, U.S. Public Health Service, American Medical Association, American Dental Association, Corpus Christi-Nueces County Local Health Authority, and local dentists and pediatricians recommend the addition of fluoride to drinking water. BACKGROUND AND FINDINGS: Hydrofluorosilicic acid is added in the treatment of potable (drinking) water through a controlled liquid feed system to reduce the incidence of dental cavities and tooth decay. In 1948, a local dental association requested that fluoride be added to drinking water. The City of Corpus Christi has been adding fluoride since 1950. A low level of fluoride (about 0.2 mg/L) exists naturally in the City's raw water sources from the Nueces River, Lake Texana, and Colorado River. At the water treatment plant, enough fluoride is added to bring the fluoride level to the optimal recommended level of 0.7 mg/L. The previous contract with Univar Solutions USA, Inc. provides the chemical at $440.00 per ton for a period of one year for 450 tons at $198,000.00. This new contract with Univar Solutions is an increase of $160.00 for a price of $600.00 per ton for 450 tons at $270,000.00. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two bids and is recommending the award to the lowest responsive, responsible bidder, and incumbent Univar Solutions USA, Inc. The cost per ton of this item has increased by 36%. ALTERNATIVES: An alternative to accepting the lowest, responsive, responsible bidder, Univar Solutions USA, Inc. would be to reject all bids and discontinue the practice of fluoridation. Discontinuing the practice of fluoridation would be against the recommendation of fluoridation by several agencies including local dentists and pediatricians. FISCAL IMPACT: The fiscal impact for the Water Fund in FY 2023 is $75,000.00 FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 31010 O. N. Stevens Filter Plant Department: 45 Water Project # (CIP Only): N/A Account: 520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of this supply agreement with Univar Solutions USA, Inc. for the purchase of Hydrofluorosilicic Acid as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Procurement Department RFB#4399 Senior Buyer:Cynthia Perez Hydrofluorosilicic Acid Univar Solutions USA Inc. Pencco,Inc. Kent,WA San Felipe,TX First Year ITEM Description Unit QTY Unit Price Total Price Unit Price Total Price 1 Hydrofluorosilicic Acid Wet 450 Tons $ 600.00 $ 270,000.00 $ 662.00 $ 297,900.00 1 Year Total $ 270,000.00 $ 297,900.00 1 Year Extension Option ITEM Description Unit QTY Unit Price Total Price Unit Price Total Price 1 Hydrofluorosilicic Acid Wet 450 - Tons $to be reviewed $ 722.00 $ 324,900.00 First-1 Year Extension Option Total $ - $ 324,900.00 Grand Total $ 270,000.00 $ 622,800.0o *Option Year is null and void. mUs c,� G� A SUPPLY AGREEMENT NO. 4399 U Hydrofluorosilicic Acid for Water Treatment fhaaaoRp 1852 THIS Hydrofluorosilicic Acid for Water Treatment Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Univar Solutions USA Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Hydrofluorosilicic Acid for Water Treatment in response to Request for Bid No. 4399 ("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 Hydrofluorosilicic Acid for Water Treatment 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. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. 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 in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $270,000.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 must be mailed to the following address with a copy provided to the Contract Administrator: 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: Diana Zertuche-Garza Department: Corpus Christi Water Phone: (361 ) 826-1627 Email: DianaZ@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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 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. 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. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 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: Diana Zertuche-Garza Title: Contracts/Funds Administrator Address: 13101 Leopard Street, Corpus Christi, Texas 78410 Phone: (361) 826-1627 Fax: (361 ) 826-4495 IF TO CONTRACTOR: Univar Solutions USA Inc. Attn: Roise Holiday Title: Municipal Specialist Address: 8201 S 212th Street Kent, WA 98032 Phone: (206) 653-5075 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 WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 22. 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. 23. 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). 24. 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. 25. 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. 26. 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. 27. 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. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Shawnasey McC rthv(f Title: Municipal Commercial Manager Date: 12-9-22 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — 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. 4399 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide hydrofluorosilicic acid as outlined in this Scope of Work. Hydrofluorosilicic Acid is used in the treatment of potable drinking water to reduce the incidence of dental tooth decay. The Hydrofluorosilicic Acid is fed by means of a liquid feeding system. Commercial strength Hydrofluorosilicic Acid has a typical strength of 25 percent acid content. This item will be purchased in wet tons. 1.2 Scope of Work The Contractor shall supply Hydrofluorosilicic Acid as specified: 1 . The Hydrofluorosilicic Acid shall contain between 20 and 25 percent Hydrofluorosilicic Acid by weight. 2. The Contractor shall comply with the American National Standards Institute/American Water Works Association Standard for Hydrofluorosilicic Acid, ANSI/AWWA B703-19. 3. The Contractor shall comply with the American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking Water Treatment Chemicals - Health Effects, ANSI/NSF 60. 4. The Contractor shall provide proof that they are complying with ANSI/NSF 60 standards by supplying a list from NSF Products listing the website for their manufacturer. The agency must be recognized by the Texas Commission on Environmental Quality. 1.3 Delivery and Weighing Requirements 1 . Each shipment shall be in approximately 4,000-gallon tank truck lots. Tank trucks shall be of appropriate design to handle this material safely and the shipping thereof shall meet all applicable U.S. Department of Transportation and State of Texas regulations. This statement shall be on each truck load lot paperwork, "Notice: This material meets the requirements of AWWA B703-19 Standard for Hydrofluorosilicic Acid". 2. Each chemical shipment must be weighed by local certified weighers before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Contract Administrator, 13101 Leopard St., Corpus Christi, Texas 78469-9277. Revised 1 1.30.20 3. Deliveries will be made Monday through Friday, 8 A. M. to 5 P. M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. 4. An affidavit of compliance, by the manufacturer, stating that at the time of loading, the Hydrofluorosilicic Acid, furnished, complies with all applicable requirements of ANSI/AWWA B703-19 and a Certified Analysis of each load shall be provided to the City of Corpus Christi, Plant Supervisor, 13101 Leopard St., Corpus Christi, Texas 78410. This analysis shall include, but is not limited to, 1 ) hydrofluorosilicic acid content, 2) free acid content, other than hydrofluorosilicic acid, 3) specific gravity, and 4) heavy metals. 1.4 OSHA and Training 1 . The Contractor must comply with all requirements and standards of the Occupational Safety and Health Act. All appropriate marking shall be in place before delivery. Items not meeting OSHA specifications will be refused. 2. The Contractor shall provide training to City employees in the safe handling, storage, and use of the material on a semiannual basis at the convenience of the City. This training shall include a presentation of sufficient length to visually portray the proper procedures of handling, storage, and use. Also, all information contained on the Safety Data Sheets shall be thoroughly covered. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.6 Ownership City's ownership of the Hydrofluorosilicic Acid shall begin, and Contractor's ownership shall cease, upon the unloading of the chemical at the O.N. Stevens Water Treatment Plant. 1.7 Billing The Contractor must base billing and pay quantity for each chemical shipment on "local" certified weight tickets for delivery of Hydrofluorosilicic Acid. Revised 1 1.30.20 Attachment B - Bid/Pricing Schedule ° USC �� CITY OF CORPUS CHRISTI 0 CONTRACTS AND PROCUREMENT BID FORM S !/f ORPblt p ' 1852 RFB No. 4399 Hydrofluorosilicic Acid PAGE 1 OF 1 Date: 11/7/2022 ; Authorized , Bidder: Univar Solutions USA Inc. Signature: avf 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing 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. First Year Item Description UNIT QTY Unit Price Total Price 1. Hydrofluorosilicic Acid Wet 450 $600.00 $270,000.00 Tons 1 Year Total $ 270,000.00 First - 1 Year Extension Option Item Description UNIT QTY Unit Price Total Price 1. Hydrofluorosilicic Acid Wet 450 $ to be reviewe $ Tons First - 1 Year Extension Option Total $ Grand Total $ Attachment C- Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator, one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is Exhibit. not domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 POLLUTION LIABILITY $1,000,000 Per occurrence 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Revised 1 1.30.20 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. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 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 replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 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, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Revised 1 1.30.20 ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant 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 contract. 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 contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement 2021 Insurance Requirements Ins. Req. Exhibit 1 -B Purchase Contracts - Supply Agreements - Equipment Leases Hazardous Chemicals Delivered to City 05/10/2021 Risk Management - Legal Dept. Revised 1 1.30.20 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 First Reading Ordinance - City Council Meeting of March 21, 2023 Second Reading Ordinance — City Council Meeting of March 28, 2023 DATE: March 13, 2023 TO: Mayor & Council FROM: Council Member Roland Barrera, Chairman Municipal Court Committee Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Appointment of Municipal Court Judges CAPTION: Ordinance appointing Jacqueline Del Llano Chapa as Presiding Judge, Mike Alaniz as Division 1 Judge, Julianna Siracusa Rivera as Division 2 Judge, David Walsh as Division 3 Judge, William Gregory"Bill' Bonilla as Division 4 Judge, and George Picha as Division 5 Judge of the Municipal Court; appointing Christopher E. Matt as part-time judge #1, Douglas K. DeFratus as part-time judge #2, William Holt Feemster as part-time judge #3, Mariana Garza as part-time judge #4, Mario A. Olivarez as part-time judge #5, Kali Guttman as part-time judge #6, Robert Reyna as part-time judge #7, and Michael White as part-time judge #8 of the Municipal Court; determining salary; providing a two year term of office; and declaring an effective date. SUMMARY: Municipal Court judges are appointed by the City Council, per the recommendation of the Municipal Court Committee, which consists of four City Council members: Chairman Roland Barrera, Sylvia Campos, Michael Hunter, and Mike Pusley. The Municipal Court Committee conducted interviews on March 8, 2023. The committee recommended the reappointments of Presiding Judge Jacqueline Del Llano Chapa, full-time Judges Mike Alaniz; Julianna Siracusa Rivera, and David Walsh, and part-time Judges Christopher Matt, Douglas DeFratus,William Holt Feemster, Mariana Garza, Mario Olivarez and Kali Guttman. The committee recommended the new appointments of full-time Judges Bill Bonilla and George Picha and part-time judges Robert Reyna and Michael White. Additionally, the Human Resources department conducted a market study on municipal court judge salaries. The study results showed that the salaries for the presiding judge and full-time judges were 26-31% below market. Part-time judge salaries were approximately 5% below market. The committee recommended the approval of market adjustments to the salaries of all judges. The increased salary expenditures would total $110,789.68 for the remainder of FY 2023 with the new pay starting on the pay period beginning April 10, 2023. This increase is being recommended to be appropriated from the unreserved fund balance in the General Fund and will be included in the mid-year budget amendment that will be presented to the City Council on March 28, 2023 for the first reading and on April 11, 2023 for the second reading. BACKGROUND AND FINDINGS: Per Sec. 29-54 of the city code, the Municipal Court Committee will provide oversight responsibilities for municipal court judicial operations and monitoring judges (appointment, annual review and salary oversight). The municipal court committee consists of four (4) council members appointed by the mayor at the beginning of each council term. The mayor appoints one (1) of the council members as the chairperson. Municipal Court judges serve two-year terms. ALTERNATIVES: The Council could choose to amend the ordinance. FISCAL IMPACT: Salaries for the Municipal Court judges have been budgeted in the General Fund. The fiscal impact for the remainder of FY 2023 is estimated to be $611,139.17. The market study results would increase salary expenditures for the judges by $110,789.68 for the remainder of the fiscal year. This increase is being recommended to be appropriated from the unreserved fund balance in the General Fund as part of the mid-year budget amendment scheduled for the March 28, 2023 City Council meeting. Funding Detail: Fund: 1020 General Fund Organization/Activity: 10400 Municipal Court Judicial Department: 22 Court Project # (CIP Only): Account: 510100 Salaries Amount: $509,206.33 Fund: 1020 General Fund Organization/Activity: 10400 Municipal Court Judicial Department: 22 Court Project # (CIP Only): Account: 511000 Retirement Amount: $101,932.84 RECOMMENDATION: The Municipal Court Committee recommends approval of the ordinance as presented. SUPPORTING DOCUMENTS: Statistical Information 2022 Ordinance Ordinance appointing Jacqueline Del Llano Chapa as Presiding Judge, Mike Alaniz as Division 1 Judge, Julianna Siracusa Rivera as Division 2 Judge, David Walsh as Division 3 Judge, William Gregory "Bill" Bonilla as Division 4 Judge, and George Picha as Division 5 Judge of the Municipal Court; appointing Christopher E. Matt as part-time judge #1, Douglas K. DeFratus as part-time judge #2, William Holt Feemster as part-time judge #3, Mariana Garza as part-time judge #4, Mario A. Olivarez as part- time judge #5, Kali Guttman as part-time judge #6, Robert Reyna as part-time judge #7, and Michael White as part-time judge #8 of the Municipal Court; determining salary; providing a two year term of office; and declaring an effective date. WHEREAS, the City Council shall by ordinance appoint its municipal judges pursuant to Texas Government Code §30.00006, City Charter Art. II, Sec.26, and Corpus Christi Code Sec. 29-4; WHEREAS, the City Council finds the following appointees meet the qualifications for Municipal Court judge pursuant to Corpus Christi Code and State law. WHEREAS, this Ordinance does not constitute an employment contract, and appointees are not employees but are public officers authorized by law to independently exercise functions subject to revision and correction only according to the standing laws of this state. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Jacqueline Del Llano Chapa is appointed as Presiding Judge of the Municipal Court of Record in the City of Corpus Christi, Texas, to serve full-time. SECTION 2. Mike Alaniz is appointed as full time Municipal Judge of Division 1, Julianna Siracusa Rivera is appointed as full time Municipal Judge of Division 2, David Walsh is appointed is appointed as full time Municipal Judge of Division 3, William Gregory "Bill' Bonilla is appointed as full time Municipal Judge of Division 4, and George Picha is appointed as full time Municipal Judge of Division 5 for the Municipal Court of Record in the City of Corpus Christi, Texas. SECTION 3. The presiding judge shall receive the fixed salary of$158,324.47. The Full-time judges of Divisions 1,2,3,4, and 5 shall each receive the fixed salary of$131,070.18. SECTION 4. Christopher E. Matt is appointed as part-time judge #1, Douglas K. DeFratus is appointed as part-time judge #2, William Holt Feemster is appointed as part-time judge #3, Mariana Garza is appointed as part-time judge #4, Mario A. Olivarez is appointed as part-time judge #5, Kali Guttman is appointed as part-time judge #6, Robert Reyna is appointed as part-time judge #7, and Michael White is appointed as part-time judge #8. SECTION 5. Part-time judges shall receive an hourly rate of$49.69 per hour. SECTION 6. Each judge shall hold office for a definite term of two years upon appointment by ordinance, unless sooner removed. Terms begin March 28, 2023, and end March 28, 2025. SECTION 7. This ordinance constitutes an action by the City Council not to reappoint any and all judges not appointed herein per Texas Government Code §29.005. SECTION 8. This ordinance takes effect immediately upon passage on second reading. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 Statistical Information 2022 Mag'[stration 2022 70 60 SCJ 40 30 20 iCo APRIL MAY JUNE JUu( AUG SEPT OCT NOV DEC ■DW ■JGC ■JSR ■YMB ■Ma DOCKETS 2022 120 i0o r C+� 40, .APRIL hd'lAN JUNE JULY AUG St-?T 0 CT NOVDEC ■Judge Cbapa wJvd;ge CEKoch aJuc$ge Burk£tt J t i c I a e R I i e r a wJud W-515h QUEUES 2022 0) 7,000 6,000 amu, µ D'000 o L0 s Esq Fe Lp A .j. r..� ,: M� Lu Ln La rj. T,fJ�JJ � i� 'mow ' rn Lo CAW Lr'r 'IM APRIL NTAI Ll NE JULY AUG SEP7 CBCT NOV DEC ■JGC NJ'--,R ■G'a'd AMID M YN-1E �A ISTRATION APRIL 1 - DOCKETS APIRL 12 - DEC 31,2022 DEC 31 ,2022 Judge Chapa Judge Chapa 7% Judge Walsh Judge Walsh 23% 271 29% Judge DeKoch 21% Judge DeKoch mk e 15% 9P Judge Rivera Judge Rivera urkett Judge Burkett 18% 15% 24% 21% QUEUE APRIL 12 - DEC 315 2022 Judge Burkett Judge DeKoch 3% Judge Walsh Y} Judge Chapa 24% 42% � Yk Judge Rivera 25